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2015-07-07 City Council Agenda Packet (Compressed) California 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, July 7, 2015, 9:00 a.m. Council Chamber 4305 Santa Fe Avenue Vernon, California W. Michael McCormick, Mayor William J. Davis, Mayor Pro-Tem Luz Martinez, Council Member Melissa Ybarra, Council Member Yvette Woodruff-Perez, Council Member CALL TO ORDER & FLAG SALUTE CHANGES TO THE AGENDA PUBLIC COMMENT - At this time the public is encouraged to address the City Council on any matter that is within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment on matters which are on the posted agenda during City Council deliberation on those specific matters. PRESENTATIONS 1. Swear-In Ceremony for newly hired Firefighter, Raymond De Nijs. 2. Cyber Security Breach Prevention. / / / / / / Regular City Council Meeting Agenda July 7, 2015 Page 2 of 10 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 3. Claim for Damages from Juan Juarez received on June 17, 2015, in the amount of $70.00. Warrant Registers 4. Ratification of City Warrant Register No. 1415 to record voided Check No. 346160 in the amount of $389.00. 5. Approval of City Warrant Register No. 1427, totaling $2,152,695.88, which covers the period of, June 9 through June 29, 2015, and consists of the following: A. Ratification of wire transfers totaling $1,737,806.90; and B. Ratification of the issuance of early checks totaling $290,610.32; and C. Authorization to issue pending checks totaling $124,278.66. 6. Approval of Light & Power Warrant Register No. 392, totaling $6,485,946.43, which covers the period of June 9, through June 29, 2015, and consists of the following: A. Ratification of wire transfers totaling $6,294,945.52; and B. Ratification of the issuance of early checks totaling $135,657.78; and C. Authorization to issue pending checks totaling $55,343.13. 7. Approval of Gas Warrant Register No. 180, totaling $550,695.22, which covers the period of June 9, through June 29, 2015, and consists of the following: A. Ratification of wire transfers totaling $528,611.63; and B. Ratification of the issuance of early checks totaling $11,579.68; and C. Authorization to issue pending checks totaling $10,503.91. 8. Approval of Federal Funds Street Improvements Warrant Register No. 20, totaling $44,384.51, which covers the period of June 9, through June 29, 2015, and consists of the following: A. Ratification of wire transfers totaling $44,384.51. Regular City Council Meeting Agenda July 7, 2015 Page 3 of 10 Fire Department 9. Activity Report for the period of June 1 through June 15, 2015, to be received and filed. 10. Approval of a Memorandum of Understanding between the City of Vernon Fire Department and City of Burbank Fire Department. Recommendation: A. Find that approval of the proposed Memorandum of Understanding 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. Authorize the Fire Chief to execute the existing Memorandum of Understanding (“MOU”) between the City of Vernon Fire Department and the City of Burbank Fire Department for the transfer of grant-funded Ballistic Helmets. Police Department 11. Activity Log and Statistical Summary of Arrests and Activities for the period of June 1, through June 16, 2015, to be received and filed. Public Works, Water and Development Services Department 12. March 2015 Monthly Building Department Report, to be received and filed. 13. April 2015 Monthly Building Department Report, to be received and filed. 14. May 2015 Monthly Building Department Report, to be received and filed. NEW BUSINESS City Administration Department 15. A Resolution of the City Council of the City of Vernon approving and authorizing the execution of a grant agreement between the City of Vernon and Legacy LA Youth Development Corporation. Recommendation: (Items A-B) A. Find that the recommended actions are exempt from the California Environmental Quality Act (“CEQA”), because (a) approval of the below-described Grant Agreement is not an “approval” as defined by Section 15352 due to its conditional nature; and (b) the City of Vernon is neither the Regular City Council Meeting Agenda July 7, 2015 Page 4 of 10 “lead agency” as defined in Sections 15051 and 15367 nor a “responsible agency” as defined in Section 15381. B. Adopt a resolution of the City Council of the City of Vernon approving and authorizing the execution of a grant agreement between the City of Vernon and Legacy LA Youth Development Corporation effective June 30, 2015, that provides the following grant funding for certain capital improvements to the Hazard Park Armory Youth Development Center: 1. Up to $350,000 from the 2015 fiscal year budget for a Design Development Phase. 2. Up to $1,000,000 from the 2016 fiscal year budget for Phase I Construction Projects. Finance Department 16. A Resolution of the City Council of the City of Vernon approving the termination of interest rate swaps and the forms of swap termination agreements; and authorizing certain other matters relating thereto. Recommendation: A. Find that approval of the resolution to terminate the two interest rate swap contracts entered into December 2004 is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is therefore not a “project” as defined by California Environmental Quality Act (“CEQA”) Guidelines section 15378 and not subject to CEQA review. Furthermore, even if it were a project, it would be exempt under 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 approving the termination of interest rate swaps and the forms of swap termination agreements; and authorizing certain other matters relating thereto, including the termination of the two outstanding 2004 interest rate swap agreements with Morgan Stanley Capital Services LLC (Morgan Stanley) and Deutsche Bank AG (Deutsche Bank). The swap agreements are being terminated in conjunction with the issuance of 2015 Electric System Revenue Taxable Series A Bonds in the par amount of $110.3 million. A portion of the 2015 Electric System Revenue Taxable Series A Bonds proceeds will finance the costs of terminating the two existing interest rate swap agreements. 17. Property and Casualty Insurance Placements for Fiscal Year 2015-16. Recommendation: (Items A-B) A. Find that approval of the placement of property and casualty insurance for fiscal year 2015-16 is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Sections 15060(c)(3), 15378(b)(4), and 15378(b)(5). This is because the activity of authorizing the placement of insurance will not result in direct or indirect physical changes in the environment and, therefore, is not a “project,” as defined in Section 15378 of the CEQA Guidelines; and Regular City Council Meeting Agenda July 7, 2015 Page 5 of 10 B. Authorize the City Administrator to bind the City for the annual insurance coverage for fiscal year 2015-16, provided the total annual premiums to be paid shall not exceed $1,018,600 and $15,000 for loss mitigation services related to Cyber liability coverage for a total of $1,033,600. This includes the renewal of policies for excess liability insurance, errors & omissions, property, excess workers’ compensation, crime, pollution liability, and environmental site liability, and the addition of cyber liability coverages with the related Loss Mitigation Services. Fire Department 18. A Resolution of the City Council of the City of Vernon approving the City’s participation in the 2014 State Homeland Security Program by the Vernon Fire Department, approving and authorizing the execution of a Subrecipient Agreement by and between the City of Vernon and the County of Los Angeles and authorizing the execution of documents necessary to obtain said grant. Recommendation: A. Find that approval of the proposed Agreement 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 approving the City’s participation in the 2014 State Homeland Security Program (SHSP) by the Vernon Fire Department, approving and authorizing the execution of a Subrecipient Agreement by and between the City of Vernon and the County of Los Angeles and authorizing the execution of documents necessary to obtain said grant. The County of Los Angeles has approved and awarded 2014 SHSP funds in the amount of $300,000.00 to the City of Vernon Fire Department. 19. Donation of 1964 Crown Fire Coach 2000 GPM Pumper to the California Fire Museum and Safety Learning Center. Recommendation: A. Find that authorization of the proposed donation 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. Authorize the donation of a surplus 1964 Crown Fire Coach 2000 GPM Pumper to be conveyed to the California Fire Museum and Safety Learning Center (“CFM”); and C. Enter into a Donation and Release Agreement with CFM to use, retain or dispose of pursuant to the historical and educational purposes of the museum. Gas and Electric Department 20. Approval of Agreement with Northwest Electrical Services, LLC in Response to Notice Inviting Bids for Allison Turbine Control System Upgrade Project. Regular City Council Meeting Agenda July 7, 2015 Page 6 of 10 Recommendation: A. Find that proposed agreement by and between the City of Vernon and Northwest Electrical Services, LLC 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, because the agreement does not have an impact; and B. Approve and authorize the execution of a services agreement with Northwest Electrical Services, LLC (NWE), for a Control System upgrade of two existing aero-derivative Allison Gas Turbines. The proposed contract includes compensation for design, equipment, fabrication, and testing, equating to a grand total compensation amount not-to-exceed $662,330.16 over the three (3) year term of the agreement. Human Resources Department 21. Adoption of new Personnel Policies and Procedures: Rest and Meal Breaks II-5 (New), and Reasonable Accommodation for Disabled Applicants and Employees III-5 (New). Recommendation: A. Find that approval of the proposed personnel policy and procedures is exempt under the California Environmental Quality Act (“CEAQ”) 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 B. Adoption of Personnel Policy and Procedures: Rest and Meal Breaks II-5 (new), and Reasonable Accommodation for Disabled Applicants and Employees III-5 (new); and incorporating newly adopted policies 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 policies to all employees. 22. Authorization to issue a Request for Proposals for an executive search firm to conduct a recruitment for the position of City Administrator for the City of Vernon. Recommendation: (Items A-B) A. Find that approval to issue a request for proposal for an Executive Search Firm to conduct a recruitment for the position of City Administrator for the City of Vernon 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 a significant effect on the environment; and Regular City Council Meeting Agenda July 7, 2015 Page 7 of 10 B. Approve and authorize the Director of Human Resources to issue the Request for Proposals for an Executive Search Firm to conduct a recruitment for the position of City Administrator for the City of Vernon. 23. Approving and authorizing the execution of an At-Will Employment Agreement by and between the City of Vernon and Kristen Enomoto. Recommendation: A. Find that approval of the proposed At-Will Employment Agreement 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 a significant effect on the environment; and B. Approve the At-Will Employment Agreement (the “Agreement”) with Kristen Enomoto effective June 28, 2015. The proposed Agreement is the standard At-Will Employment Agreement (Non- Safety) Form approved by City Council for other executive and at-will positions. Police Department 24. Approve Inmate Housing Services Agreement. Recommendation: A. Find that the proposed contract authorization 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 a significant effect on the environment; and B. Find that the contract is exempt from competitive selection requirements pursuant to Vernon Municipal Code § 2.17.12 (A) 5, Exemptions - Contracts with other governmental entities for services; and C. Authorize the Mayor to ratify and execute an Inmate Housing Agreement by and between the City of Vernon Police Department and the City of Huntington Park Police Department (“HPPD”) for a period of three (3) years, effective July 1, 2015 through June 30, 2018. Public Works, Water and Development Services Department 25. Approve Amendment No. 2 to the existing Services Agreement between the City of Vernon and Interwest Consulting Group for On-Call Building Plan Check and Inspection Services. Recommendation: (Items A-B) A. Find that Amendment No. 2 renewing the existing Services Agreement between the City of Vernon and Interwest Consulting Group, for a period of one year, for On Call Building Plan Check and Regular City Council Meeting Agenda July 7, 2015 Page 8 of 10 Inspection Services, is exempt under the California Environmental Quality Act (“CEQA”) in accordance with (a) CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment and (b) CEQA Guidelines Section 15268, because the proposed Amendment No.2 involves the issuance of building permits which is a ministerial action; and B. Approve Amendment No. 2 renewing the existing Services Agreement between the City of Vernon and Interwest Consulting Group for On Call Building Plan Check and Inspection Services, for a period of one year (as amended, the contract would expire on July 1, 2016). 26. Approval of Amendment No. 2 to the existing Services Agreement between the City of Vernon and Jason Addison Smith Consulting Services dba JAS Pacific for On Call Building Plan Check and Inspection Services. Recommendation: A. Find that Amendment No. 2 renewing the existing Services Agreement between the City of Vernon and Jason Addison Smith Consulting Services dba JAS Pacific, for a period of one year, for On Call Building Plan Check and Inspection Services, is exempt under the California Environmental Quality Act (“CEAQ”) in accordance with (a) CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment and (b) Guidelines Section 15268, because the proposed Amendment No. 2 involves the issuance of building permits which is a ministerial action; and B. Approve Amendment No. 2 renewing the existing Services Agreement between the City of Vernon and Jason Addison Smith Consulting Services dba JAS Pacific, for a period of one year, for On Call Building Plan Check and Inspection Services. As revised, the contract would expire, effective July 1, 2016. 27. Bid Award for Contract No. CS-0534: Slauson and Boyle Street and Traffic Improvements. Recommendation: A. Find that the award of the proposed Capital Improvement Project at Slauson Avenue and Boyle Avenue is categorically exempt under the California Environmentally Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15301 (Existing Facilities), part (c) (existing highways and streets), because the project is merely to repair existing streets and involves negligible or no expansion of existing use; and B. Accept the bid proposal from Sully-Miller Contracting Company, as the lowest responsive and responsible bidder and enter into contract, not to exceed $1,624,230.25, for the Slauson and Boyle Street and Traffic Improvements Project, City Contract No. CS-0534, and to reject all other bids. Further authorize a contingency of $75,000.00 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. Regular City Council Meeting Agenda July 7, 2015 Page 9 of 10 28. A Resolution of the City Council of the City of Vernon approving and authorizing the execution of the State Master Agreement No. 00474S and Program Supplement No. N43 by and between the City of Vernon and the State of California, acting by and through the Department of Transportation, for the citywide feasibility study to create a bicycle master plan. Recommendation: A. Find that the approval of the State Master Agreement No. 00474S with Caltrans and the approval of the Program Supplement No. N43 proposed 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 approving and authorizing the execution of the State Master Agreement No. 00474S and Program Supplement No. N43 by and between the City of Vernon and the State of California, acting by and through the Department of Transportation, for the citywide feasibility study to create a bicycle master plan. 29. Bid Award for Contract No. CS-0484: Equipping Well No. 21 and Related Site Work. Recommendation: A. Find that the proposed project, for Equipping Well No. 21 and Related Site Work 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 lead agency’s determination; and B. Accept the bid from Environmental Construction, Inc. as the lowest responsive and responsible bidder and enter into the a contract, in an amount not to exceed $1,348,851, For Equipping Well No. 21 and Related Site Work, Contract No. CS-0484. Furthermore, authorize a contingency amount of $135,000 in the event an unexpected changed condition in the project occurs and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount. ORDINANCES 30. Ordinance No. 1230 - An Ordinance of the City Council of the City of Vernon amending Sections 2.123(a) and 2.125(b) of Article XVII of Chapter 2 of the Vernon Municipal Code relating to the Vernon Housing Commission. (first reading) Recommendation: (Items A- D) The Vernon Housing Commission and City Staff recommend the City Council: Regular City Council Meeting Agenda July 7, 2015 Page 10 of 10 A. Find that the actions recommended 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. B. Hold the first reading of and subsequently adopt an ordinance to amend Section 2.125(b) of the Vernon Municipal Code to remove the first responder leasing priority, effective at 5:01 p.m. on December 8, 2015. As part of the aforementioned ordinance, City Staff further recommends the City Council: C. Amend Section 2.123(a) of the Vernon Municipal Code to establish Commission Member terms to run from July 1 through June 30, effective July 1, 2019 for four of the seven seats, and effective July 1, 2021 for the three remaining seats. D. Include uncodified sections to establish the following upcoming terms in order to fully effectuate the July 1 through June 30 terms: Appointing Category Term Resident/Council Member August 11, 2017 – June 30, 2021 Resident No. 1 August 11, 2017 – June 30, 2021 Resident No. 2 August 11, 2015 – June 30, 2019 Business Representative No. 1 August 11, 2015 – June 30, 2019 Business Representative No. 2 August 11, 2017 – June 30, 2021 Business Representative No. 3 August 11, 2015 – June 30, 2019 Employee of Vernon Business August 11, 2015 – June 30, 2019 ORAL REPORTS 31. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. 32. City Council Reports – brief report on activities, announcements, or directives to staff. 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 2nd day of July 2015. By: ________________________________ Maria E. Ayala City Clerk REGEn\flED JUL 0 t 2015 CITY CLERK'S OFFICE STAFF REPORT RECFIVED JU$t 2 3 20t5 CITY ADMINISTRATION FIRE DEPARTMENT July 7,2015 TO: FROM: RE: Honorable Mayor and City Council Michael A. Wilson, Fire Chie Originator: Adriana Ramos, e Secretary Presentation - Swear - In 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 Califomia, for the newly hired Firefighter. Backsround As part of the department's succession planning efforts, the Fire Department conducted a recruitment process to fill a Firefighter position that has been vacant since the PARS retirements in 2013. Based on a review of the qualifications of each eligible candidate and an extensive background investigation, it was determined that Raymond De Nijs, is the best qualified candidate for the position of Firefighter. Fiscal Impact There is no fiscal impact to the City general budget as this position is included in the 2015-16 fiscal year budget. Attachment(s) None Page I ofl REGEIVED JUL 0 2 2015 CITY CLERK'S OFFI ITY STAFF REPORT ADMINISTRATION - IT DIVISION DATE: TO: FROM: RE: July 7,2015 Honorable Mayor and City Council Mark C. Whitworth, City Administr ^tor/:Zz:flOriginator: Ernesto Smith, IT Managu{{/_-/t Cyber-Security Breach Prevention Presentation At the July 7, 2015 City Council meeting, Ernesto Smith, IT Manager, will give a presentation on Cyber-Security that will cover cyber-security breach prevention. Background Cyber-Security is becoming increasingly important to organizations throughout the world. With the recent compromises of Sony, Anthem, and Target, cyber-security is a top priority for information technology departments. Although the City of Vernon's Information Technology Division has systems in place to mitigate a cyber-security breach, as part of a cyber-security program, it is critical to educate the organization's users on cyber-security and provide tips to prevent a cyber-security breach. Fiscal Impact None Attachment(s) None Page I of I REGEIVED JUL 0 1 2015 CITY CLERt{'S OFFICE DATE: TO: FROM: RE: STAFF REPORT FI NAN C E/TREASU RY DE PARTM ENT RECEgVED JUL 0 t 20t5 CITY ADMINISTRATION June 30, 2015 Honorable Mayor and City Council William Fox, Finance Direc ,rrdVf Ratification of the Gity Warrant Registers for City Council Agenda of July 7, 2015 It is recommended that the ratification of the following warrant registers to record the following voided checks be considered at the City Council meeting of July 7, 2015. 1. City Warrant Register No. 1415to record voided Check No.346160 inthe amount of $389.00 issued 01/06/15 to Aclion Display Solutions. CITY OF VERNON ACCOUNTS PAYABLE CHECK PLEASE DETACH BEFORE DEPOSITING REFUND OVERPAYMENT ON PERMIT <lzal \5 ilM= 12tO3t2014 City of Vernon 4305 Santa FeAve Vernon, CA90058 (323) 583-8811 pAy Three Hundred Eighty Nine Dollars and No Cents PAYABLE THROUGH EAST WEST BANK 2OSO HUNTINGTON DR . 2ND FLOOR SAN MARINO, CA 91108 ACTION DISPLAY SOLUTIONS 2250 52ND ST. VERNON, CA 90058 NO. 346160 P O NUMBER 120314 /ottD C \uk t\\ 4n 0.00 389.00 r to til A'^u)C lv.\ -tr-(^)ts S, lZ) ltS -fJlur_389.00 RECF-A\/ED JuL 0 tr zo15 CIY CLERKS OITICE TO: FROM: RE: REGEIVED JUL 0 I 20t5STAFF REPORT FI NANC E/TREAS U RY DEPARTM E NT June 30, 2015 Honorable Mayor and City Council William Fox, Finance Direc torfrf City Warrant Register for City Council Agenda of July 7,2015 CIIY AD TRATION It is recommended that the attached City Warrant Register No. 1427 be approved at the City Council meeting of July 7, 2015. City Warrant Register No. 1427 totals $2,152,695.88, and covers claims and demands presented during the period of June 9 through June 29,2015, drawn, or to be drawn, from East West Bank. The following list details the components of City Warrant Register No. 1427: 1. Ratification of wire transfers totaling $1,737,806.90; 2. Ratification of the issuance of early checks totaling $290,610.32; and 3. Authorization to issue pending checks totaling $124,278.66. CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 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: Printed: 6/30/201 5 1 2: 1 7:50PM Page 2 ot 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 WIRES VENDOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION DATE WIREINVOICE P.O.# ISSUED NUMBER AMOUNT ICMA RETIREMENT TRUST 457 O11.2'10220 28,331.21 Deferred Compensation: Payment Ben181808 CALPERS 011.210240 331,180.57 PERS Contributions: Payment Ben18'1810 O11.21O24O 238.08 PERS Survivols Benefit: Payment Ben181810 O11.21O24O 1,617.66 PERS Buy-back: Payment Ben 181810 01'1 1004.502020 -0.14 PERS Contributions; Adjustment Ben181810 CITYOF VERNON, FSAACCOUNT 011.1000'13 497.68 FSA- Dependent: Payment 06t11t2015 1'195 28,331.2'l 1196 1196 1196 1196 0611212015 333,036.17 011 .100013 311.93 FSA - Medical: Payment STATE DISBURSEMENT UNIT 011.210260 3,175.55 Child Support: Payment CENTRAL BASIN MWD 020.1084.500130 9'1,056.5'l CapacityCharge04/15 020 1085.500130 13,590.46 Capacity Charge 04/15 WATERREPLENISHMENT 020.1084.500110 140,855.44GroundwaterProduction DISTRICT AETNA HEALTH OF CALIFORNIA 011.1026.502031 8,'l'19.70 Coverage Period: 06/15 011.1026.502031 3,173.14 CoveragePeriod:06/15 Ben18'1814 Ben181814 Ben181816 VERAPRl5 VEMPRl S 033115 310155/.7 31016306 o6t1112015 0611512015 1',t97 't197 809.61 1198 3,175.55 1't 99 't'199 06/09t2015 104,646.97 1200 06/09/2015 '140,855.44 1201 1201 11,292.84 Printed 6/30/2015 12:17 50PM o6t11t2015 Page 3 ol42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 WIRES VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE WIRE ISSUEO NUMBER AMOUNT CONSTRUCTION VICTOR PALOS DEVE EAST WEST BANK ANTHENI BLUE CROSS 011.1026.502031 011.1026 502031 o1't.210221 01't.1049 900000 011.1033.520000 011.1033.520000 011.1033.540000 011.1033.520000 011.1033.520000 011 9019.520010 011 .90'19.520010 011.1001.596500 011 .100'1.596500 011.100'1.596500 011.1001.596500 01'1.1002.596500 011.1002.596500 011.1002.596500 011.1002.596500 011.1002.596500 Coverage Period: 06/'15 Coverage Period: 06/15 Coverage Period: 06/15 Office Reconfiguration Supplies Supplies Supplies Supplies Supplies Computer Supplies Computer Supplies Lodging: Staff Members Dues; Staff Refund on Registration Registration Fees: Staff Airfare: Staff Breakfast Lodging: Staff Lunch Members Dues: Staff 3,966.5'l 42,230.92 257,712.71 7,600.00 't ,271.55 402.20 40.24 't71.53 13.29 34.53 61.03 2,665.36 1,150.00 -545.00 545.00 453.50 46 04 1,619 16 57 .76 575 00 14945244 447210C 5105468 5 042115(B) 042115(B) 042115(B) 042115(C) 042'115(C) 042115(D) M2115(O) 042115(D) 042115(D) 042115(D) 042115(D) 042115(D) 042115(D) 042115(D) 042115(D) o42',1',15(o\ o6t11t2015 06116t2015 't202 't202 1202 303,9't0,14 1203 7,600.00 120/. 1204 1204 '1204 1204 1204 1204 120/' 1204 't2u 120/. 120/. 1204 1204 1204 1204 Printed 6/30/2015 1 2 17:50PNt Page 4 ol 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 WIRES VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# OATE WIRE ISSUED NUMBER AMOUNT EAST WEST BANK 011.1002.596500 011 .1041.596550 011 1043.596700 011 .1049.520000 011 .103'1.520000 011 103'1.596500 011 1031.596700 011 1033.510000 011 1033.596600 011.1033.596700 011.1036.560000 011 .1060.596550 011.1060 596550 011.1060.596700 011.1060.596700 011 '1061.596550 011.1061 .596700 060.6060.596700 011 '1004 466900 011 .'1026.596200 011 .'1026.596700 011.1026.596700 01't 1026.596700 Refund on Lodging Charges Member Dues Training Supplies Supplies Lodging Rerund Registration Supplies Training; Staff Supplies Subscription Member Dues Member Renewal: Staff Registration: Staff Training Member Renewal: Staff Training Seminar Fees: Staff E-Filing Services Services Employee Luncheon Supplies -453.50 100.00 80.00 533.20 129.60 133.58 -140.00 52 25 585.00 1 ,002.10 67 .44 59.00 285.00 75 00 300.00 35.00 750.00 126.00 5.49 228.86 500.00 262.54 41 80 042115(D) 042115(E) 042115(E) 042115(E) o42',1',15(F\ 042115(F\ 042115(F) 042115(G) 042115(G) 042115(H) 042115(H) 04211 5(D 04211 50 042115(D 042115(t) 0421',t5(t) 042115(t) 042115(D 042115(J) 04211s(K) 042115(K) 042115(L) 042115(L) 1204 1204 120/. 't204 1204 1204 1204 1204 1204 1204 1204 1204 't204 1204 1204 1204 1204 1204 1204 1204 't204 1204 1204 Printed 6/30/2015 12 17 50PM Page 5 of 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 WIRES ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE WIRE ISSUED NUMBER AMOUNTVENDOR DISPLAY EAST WEST BANK PIERCE IVIANUFACTURING, INC ICMA RETIREMENT TRUST 457 CALPERS Supplies Item Return Supplies Supplies Uniforms Services Lodging: Staff Member Oues Registration: Staff Training Pierce Heavy Duty Rescue - $72'1,555.38 Performance Bond California Tire Fee Sales Tax Deferred Compensation: Payment PERS Contributions; Payment PERS Survivor's Benelii: Payment PERS Buy-back: Payment PERS Contributions: Adjustment 06l'1712015 011.0010584 011.0010584 011.0010584 o6t17120't5 o6t25t2015 01'1 .1004.520000 011 1031.520000 011.'1031 .520000 011.103'l 520000 011 '1031.540000 01'1.'1031 570000 011.'1031.596500 011.1031 596550 0'11 1031.596700 0'11.'1031 596700 011 .1033.850000 01'1.1033.850000 01'1.'t033 850000 0'11 1033.850000 011.210220 o11 .210240 o1't.210240 o11.210240 ol't.1004.502020 98.20 -145.71 279.45 141.09 712.66 74.94 827 .33 100.00 243.00 295.00 365,792.50 887.25 8.75 32,921.32 29,769.85 343,461.18 239.01 1,6'17.66 -0.16 042115(M) 042115(N) 042115(N) 04211s(N) 042115(N) 042115(N) 042115(N) 042115(N) 042115(N) 042115(N) M46607 M46607 M46607 M46607 Ben182025 Ben182027 Ben182027 Ben182027 Ben182027 1204 1204 1204 1204 1204 12c/. 't204 1204 1204 1204 15,945.59 1205 1205 1205 1205 399,609.82 1206 29,769.85 1207 1207 't207 1207 Pnnted 6/30/201 5 12117:50PM Page 6 of 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2OI5 WIRES VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION CITY OF VERNON, FSAACCOUNT 011.100013 497.68 FSA - Dependent: Payment 011.100013 311.93 FSA - Medical: Payment STATE DISBURSEMENT UNIT 011.210260 3,584.15 Child Support: Payment DATE WIRE TNVOICE P.O.# TSSUED NUMBER AMOUNT o6t29t2015 345,317.69 011.1002.596200 4,125.OO lndependent Reform Monitor 34971208 O11.1024.502O2O 3,225.96 2015 Replacement Charges for City of 100000014517419 011.1026.502020 1,761.30 2015 Replacement Charges for City of 100000014517419 Ben182031 Benl 82031 Ben182033 o6125t2015 o6t29t2015 o6t23t2015 06124t2015 1208 1208 809.61 1209 3,584.15 1210 4j25.O0 1211 1211 4,987.26 MAYER BROWN LLP CALPERS TOTAL WTRES $ 1,737,806.90 Printed: 6/30/201 5 12:17:50PM PageT of 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 20,I5 EARLY CHECKS VENDOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION OATE CHECK INVOICE P.O.# ISSUED NUMBER AMOUNT BATTERY SYSTEMS INC 011.1046.520000 916.45 Vehicle batteries-050515VRS 011 0009955 BRAKE-CO TRUCK PARTS 011.1046.520000 26.25 VEL016188 1/2"X 1/2" pushlocks 285929 011.0010666 011.1046.520000 2.36 Sales Tax 285929 BRUCE V.I\,IALKENHORST, SR. 011.1026.502031 98.33 RX Reimbursement 0602'l 5 CALED 011.1002.596550 250.00 N,lembership Renewal ;A. Kung 060415 06/09/20'15 347a24 9'16.45 347425 347A25 24.61 347826 98.33 347827 250.00 347828 347424 142.50 3/.7829 297 .50 347830 347830 347830 '120.96 347431 34,504.95 CALIFORNIA WATER SERVICE CO. 011.1033.560000 98.59 Service Petiod. 04123 - 05121 011.1043 560000 43.91 Service Period:4123 - 512'l 052215 052215(B) 06/09/2015 06/09/2015 06/09/2015 06/09/20'15 06i09/2015 06/09/2015 06/09/2015 CENTRAL FORD ERIK CHENG 011.1046.590000 297.50 Labor only to diagnose and repair C84071 011.0010664 011.1060 596500 2928 ICC UST Testing 011.1060.596500 '16 68 ICC UST Exam 011 1060.596700 75.00 ICC UST Exam 011 1043.900000 34,504.95 Change Order #6- 0527',ts 0608'15 060815 ao1729 011.0004903CNS ENGINEERS, INC Pnnted 6/30/20'l 5 l2 17150PM Page 8 of 42 CIry OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 EARLY CHECKS VENOOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE CHECK ISSUED NUMBER AMOUNT COASTAL TRAINING TECHNOLOGIES COASTLINE SUPPLIES DANGELO CO. DION & SONS, INC.. 011 .1026.594200 020.1084 520000 020.1084.520000 020.1084 520000 020 1084 520000 020.1084.520000 011.'1200'10 011.1033 570000 011.1033.570000 011.1033.570000 011 .1033 570000 011 1033.570000 011 1033.570000 011 1033.570000 011 .1033.570000 0'11 .1033.570000 01'1 .'1033.570000 01'1.1033.570000 2107832 49069 49069 49069 49069 49069 s 1 24689200'l /489 88001 05211sVRS 05211sVRS 05211sVRS 0521'1sVRS 052115VRS 05211sVRS 05211sVRS 0521'l5VRS 052115VRS 0521't5VRS 05211sVRS 011.00'10715 011 .00'10715 01 1 .0010715 011 .0010715 3/.7832 2,674.40 347833 347833 347833 347833 347833 2,138.79 u78U 749 13 3/.7835 347835 347835 347835 347835 3/.7435 347435 347835 347835 347835 347835 2,674.40 320.00 766.00 765.00 '150.00 137.79 749.',t3 1,904.00 1.26 0.56 2.45 2.48 312.38 825.35 1,952.00 5.40 9.09 9.02 S&E DVD Subscription Lease Plan 2 Gas Detector Calibration Service @ Gas Calibration Parts for RKI Eagle Gas Calibration Parts for RKI Eagle 2 Replacement parts labor @ $75.00 ea , Sales Tax Water parts- Unleaded Fuel- Fed Oil Spill Recovery CA Lead Poisoning AB32 Lab Tax .13% State Excise Tax Diesel Fuel- Fed Oil Spill Recovery AB32 Lab Tax .'13% 06/092015 011.0009962 011.0010693 011.0010693 011.0010693 011.0010693 011.0010693 011.00'10693 011 0010693 011.0010693 011.0010693 011.00'10693 06/09/2015 06/09/2015 Pnnied: 6/30/2015 12 17 50PM Page I o( 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE CHECK ISSUED NUMBER AMOUNT DION & SONS, INC , GOLD COAST APPRAISALS, INC. HMKER EQUIPMENT COIV.IPANY 011.1033.570000 011.1033.570000 011.1033.570000 011 't033.570000 011.1033.570000 011 .'1033.570000 0't1 .1033.570000 0't1 .1033.570000 0'11 .1048.596200 011.1046.520000 011.1046.520000 011.1M6.520000 011.1046.590000 011 .1031 .502030 011.120010 011.120010 011.120010 011 .1200'10 23 80 30.00 5.95 7.50 252.OO 2,43A.29 't,268.80 1,270.O2 1,080.00 415.98 989.63 126.50 61.00 1,250.00 907.00 1,415.00 40.00 212.54 06/09/2015 06/09/20'15 06/09/2015 o6t0912015 Environmental Compliance Fee Fuel Surcharge Environmental Compliance Fee Fuel Surcharge State Excise Tax Diesel Fuel- Diesel Fuel- Diesel Fuel- Appraisal of the following properties; EL 1050050 hopper door seal EL 1069981 suclion hose Sales Tax Freight HSA Employer Contribution- 3220-505 18" Orange Cone with 1 322O-51O 7# 28" Orange cone with 2 Freight Sales Tax 347835 347435 3/.7435 347835 347835 347835 347835 347835 10,320.35 347836 1,080.00 347837 347837 347A37 3/.7837 1,593.11 347838 1,250.00 347839 347839 347839 347839 05211sVRS 05211sVRS 05211sVRS 05211sVRS 05211sVRS 05211sVRS 052115VRS 052115VRS 05'l415VRS c13027 c'|3027 c13027 c13027 060415 79309 79309 79309 79309 011.00't0693 0'l 1 .00'l 0693 011.00'10693 011.0010693 011.0010693 011.0010693 0'11.0010693 011.0010693 011.0010680 011.0010659 011.0010659 01'1.0010659 HSA BANK JCL BARRICADE COMPANY 0'l 'l .001 0688 011.00'10688 011.0010688 Pnnted 6/30/201 5 1 2:17:50PM Page 10 of 42 CITY OF VERNON WARRANT REGISTER NO. .1427 JULY 7, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION DATE CHECKINVOICE P.O.# ISSUED NUMBER AMOUNT 2,574.58 3/'7840 10,000.00 3/.7841 56.93 3/.7842 3/.7842 536.61 347843 347843 347843 42.OO 3r'.7844 3/.7844 32,OO7.11 347445 347845 347845 3478/.5 226.57 JEMIVIOTT ROLLINS GROUP, lNC. 011.1021.596200 10,000.00 Professional Services MAY15 060815 06/09/2015 06/09/2015 06/092015 LINDA JOHNSON KAFCO SALES CO- 011.1061.596500 56.93 Training 011 . '1 20010 011 .120010 492.30 Dispenser, item #TEC 1793532. 39330'1 011 0010694 44.31 Sales Tax 39330'l MAYWOOD CAR WASH 020.1084.570000 21.00 Car Wash Service- 011.1041.570000 7.00 Car Wash Service- 011.1043.570000 14.00 Car Wash Service- METLIFE-GROUPBENEFITS O11.210222 27,'17'l.79 DentalPremiums-06/15 011.1026.502031 4,835.32 Dental Premiums - 06/15 6/.11644 011.0009947 u'v644 011.0009947 u'Uo44 011.0009947 051515 051515 06/09/20'15 06/09/2015 06/09/2015 PETROLEUM MARKETING 011.1049.520000 62.04 314'Lead Nozzle Green Pressure, 300525 011.0010687 EOUIPMENT 011.1049.520000 58.52 Reconnect Saf-T-Breaker, 3/4", 300525 011 0010687 #HUS3360. 011.1049.520000 87.30 3/4" X9'Green Hardwall Hose MXMS, 300525 011.0010687 Printed 6/30/2015 12 17 50PM 011.1049.520000 '18.7'l Sales Tax 300525 06/09/2015 Page 11 ol 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION rNvorcE P.O.# DATE CHECK ISSUED NUMBER AMOUNT UPS SANDLER BROS, VISTA PAINT CORPORATION WARNERDALE DENTAL PRACTICE ADVANCED ELECTRONICS, INC. CALIFORNIA FMME E AXLE 011 .1 200'10 011.120010 01'l .1033.520000 011.1041.520000 011 .1043.520000 011.1049.520000 011.1049.520000 0't1 .1049.520000 011 .1026.502031 011.1M9.850000 01'1.1031.590000 011.1031 590000 011.1031.590000 0'11.1031.590000 011.'1046.520000 1,470.O0 132.30 26.38 40.22 80.39 30.33 70.00 2.73 559.80 2,588.14 333 96 247.O8 378.16 42.OO '195.00 Cotton Knil Rags, Rag Bale 50 lbs. Sales Tax Service Period: 05/15 Service Period; 05/15 Service Period; 05/15 Parts to repair a GRACO Ultra Max paint Spray repair labor Sales Tax Medical Expense: B. Malkenhorst Maintenance & Repairs Labor Charge for Manufacturer Repair of LABOR CHARGE; Repair of Multiplexer 16 LABOR CHARGE: Repair of KBD 4000 Freight Front end repair- 187903tN 187903tN 933312215(B) 933312215(B) 933312215(B) 201510495100 2015'10495'100 20'1510495100 052115 151389tN 1515911N 1515921N 'r 5'r 592rN 151592tN 011 .0010707 06to9t2015 06/09/2015 3r'.7846 347846 't,602.30 347447 3/.7847 3/.7847 '146.99 347848 3/.7848 347A48 103.06 347849 559.80 347850 347850 347850 347850 347850 3,989.34 347451 01'l.0010705 011.00'10705 011.0010357 011.0010200 011.0010200 011.0010200 01'1.0009956 06/09/2015 06/09/2015 06l1 2015 o6t't1 120't5 195.00 Page 12 ol 42Pnnledr 6/30/2015 12:17 50PM CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE CHECK ISSUED NUMBER AMOUNT CENTRAL FORD CHEVRON AND TEXACO BUSINESS CPS HUMAN RESOURCES SERVICES SANDRA DOLSON F, GAVINA & SONS INC, FEDEX 011.1046.520000 011.1046.520000 011.1046.590000 011.1031.570000 011.1026.596200 011.1003.596500 011 '120010 011.120010 011 .120010 01'1.120010 011 .120010 011.120010 011 120010 01'1 .1003.520000 011 .1026.520000 347852 347852 347852 1,193.09 347853 458.56 3/'7854 364.10 347855 22.34 347856 347856 347856 347856 347856 347856 347856 1,050.43 347457 347457 775.54 1U7Z-'124650-FVA power control module 77.55 Sales Tax 10.00 340.00 Labor to diagnose and repair 458.56 Fuel Charges:4122 - 512'l 364.10 Fire Apparatus Driver/Operator 22.34 Publice Service Seminar 10.65 Sales Tax 921.60 0500-100 Regular Coffee, 42 - 1.5o2. 15.68 0500-145 Coffee filters, 12 cup 48.00 0500-160 Coffee decanters for regular 22.00 0500-161 Coffee decanters lor decaf 12.50 0500-140 Plastic stir sticks, 5-3/8", 20.00 0500-142 Plastic stir sticks, 7", 10 46.45 Service Period: 06/1 5 70.42 Service Period: 06/1 5 c84163 c84163 c84163 44371729 soP39366 0604'r 5 3329107 3329107 3329107 3329107 3329'107 3329107 3329107 505529719 505529719 01'l.0010667 011.0010667 06t't1t2015 06t11t2015 o6t1112015 0611112015 011.0010708 011.00't0708 011.0010708 011.00't0708 011.0010708 011 .0010708 Pnnted 6/30/2015 12 17 50PM 0611112015 Page 13 ol 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION DATE CHECK INVOICE P.O.# ISSUED NUMBER AMOUNT FRANCHISE TAx BOARD O1'1210260 180.00 Garnishmentr Payment Ben18'18O4 GARVEY EOUIPMENT COMPANY 011.1046.520000 '146.79 Lawn equipment parts & service.- 82743183046/8325 011.0009915 1 HOME DEPOT CREDIT SERVICES 01,1.12OO,IO 810.72 Tools and plumbing hardware- 050615VRS 011.0009920 011.'1043.520000 121.27 Tools and plumbing hardware- 0506'I5VRS 011.0009920 011.1048.520000 572.73 Tools and plumbing hardware- 050615VRS 011.0009920 011.'l o49.52OOOO 1,082.02 Tools and plumbing hardware- 050615VRS 011.0009920 Ben18'1798 05181sVRS 011.0009959 578 011.0009947 060115 12253854 011 0010582 116.87 347858 180.00 347859 't46.79 347860 347860 347860 347860 2,586.74 347861 2,668.63 3/7862 2,533.38 347863 14.00 3/.78 06t't1t2015 06t11t2015 06111t2015 06t1112015 o6t't't 12015 0611112015 o6t1112015 06t11f2015 IBEW LOCAL 47 011.210250 2,668.63 IBEW Dues: Payment LOPEZ & LOPEZ TIRE SERVICE 011.1046520000 2,533.38 Tires and repairs- MAYWOOD CAR WASH 020.1084.570000 14.00 Car Wash Service- IVIAYWOOD MUTUAL WATER CO. 0'11 1033.560000 157.50 Service Period: 05/15 NO.3 MONOPRICE INC. Pnnted 6,/30/2015 12:17.50PM 157 50 011.9019 520010 279 PtO:5862-347865 Page 14 ol42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 20.I5 EARLY CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE CHECK ISSUED NUMBER AMOUNT MONOPRICE INC 0'll .9019.520010 011.9019.520010 011 .9019.520010 011.9019.520010 011.9019.520010 011.9019.520010 011.9019.520010 011.9019.520010 011.'1046.520000 o11.210260 011.1031.520000 011 .1031.520000 011 '1004.520000 01'1 .1004.520000 011 .1004.520000 011.1046.520000 12253854 12253854 122538U 122538U 1225385r'. '1225385/. 12253854 12253454 05041sVRS Ben181800 326414516716355 0862 3264145167 t6355 0862 3265246047 3265246047 3265246047 052115VRS 011.0010582 011 .00'10582 011.0010582 0'11.0010582 011.0010582 011.0010582 01't .0010582 347865 347865 347865 347865 347865 347865 347865 347865 273 70 347866 1,501.04 3r'.7867 2,000.00 347868 347868 347868 347868 347868 668.32 347869 NAPAAUTO PARTS SANDRA O. BINGMAN STAPLES ADVANTAGE SUPER FORD P.inted: 6/301201 5 12:17:50PM 5.60 155.04 11.80 4.80 6.48 57.48 10.61 19.10 1,501.04 2,000.00 354.72 31.93 79.90 178.53 23.24 67.53 011.00'10024 0611112015 06111t2015 06111120't5 PID: 6729- PID: 2097- PID: 6852- PID: 6576- PID: 6561- PID: 6042- Freight Sales 7.5 Auto Parts- GARNISHMENTS: Payment Office supplies- Sales Tax Staples HO view binders 2", White- lndex marker 8 iab, clear, spk- Sales Tax Aulo parts for c€rs & lrucks.- 011.0010603 011.0010726 0'l'l.0010726 011 0009916 06t1'12015 Page 15 of 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 EARLY CHECKS VENOOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION tNvotcE P.O.# OATE CHECK ISSUED NUMBER AMOUNT THE LIGHTHOUSE INC VERNON FIREMEN'S ASSOCIATION ASSOCIATION VERNON POLICE OFFI VERONICA AVENDANO ZUMAR INDUSTRIES, INC 011 1046.520000 o11 210250 o1't.210250 011.1026.596s00 011.1043.850000 011.1043.850000 01'l.1M3.850000 011 1043.850000 01'1 .1043.850000 011.1043.850000 011.1043.850000 011.1043.850000 011.1043.850000 011.1043.850000 0't1 .1043.850000 280.86 Auto parts & electric€l supplies- 3,2'15.00 Fire House Fund: Payment '1,887.60 Police Association Member Dues: Payment 28.50 Mileage Reimbursement 153202t',t51974 Ben181802 Ben181796 060915 011 .0009917 0611'v2015 o6t't1t2015 o6t1112015 o6t1'v2015 06t11t2015 67.53 3/.7870 280.86 u7871 3,21s.00 347a72 1,887.60 3/'7873 28.50 3/.7874 3/.7874 3/.7874 347874 3/.7874 347874 347874 3/.7874 u7874 u7874 347474 119.25 No U-Turn, 36" X 36" - DG3 - 11604, 157629 318.00 School Speed Limit 25 when children are 157629 132.50 End School Speed Limit,24" x 30" - DG3 157629 347 82 "School Children" sym + Ahead Sign, 30" '157629 82.81 Arrow, 30" X 30" - DG3 - '1160A, item 157629 212.00 Arrow,48" X 24" - DG3 - 1160A, item 157629 530.00 Double Arrow,48" X24" -DG3-11604, 157629 79.50 Chevron, 18" X 24" - DG3 - 1160A, item 157629 828.10 Railroad,30'- DG3 - 11604, ilem 157629 248.43 Oead End,30" X 30" - DG3 - 1160A, item 157629 82.81 T-iniersection Sign, 30" X 30" - DG3 - 157629 011.0010466 011.0010466 011.001M66 01'1.0010466 011.0010466 011.0010466 011.001M66 011.0010466 011.00'10466 011.0010466 011.0010466 Pnnted: 6/30/201 5 12'17 50PM Page 16 of42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2Ot5 VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION tNvotcE P.O.# DATE CHECK ISSUED NUMBER AMOUNT ZUIVIAR INDUSTRIES, INC 2FA, INC. ACTION DISPLAY SOLUTIONS CERRITOS DODGE INC. CURRENT WHOLESALE ELECTRIC FUJITSU NETWORK COI\4MUNICATIONS 157629 158681/158883/15 8884 15868'1/158883/15 8884 st1278 120314 80288 80288 80288 05311sVRS 91571267 t915705 95 9157',t267 t915705 95 915712671915705 95 9157 1267 tg',t5705 95 3/.7874 347874 34747 4 6,231.94 3/.7475 648.60 347476 389.00 347877 u7877 347877 80/..26 347478 1,063.3.1 347879 3/'7879 347479 347879 0'r'1 .1043.850000 011 .120010 011.1043.520000 0'll .90'19.590110 o11.',to41.410210 011 .'1046.520000 011.1046.520000 011.1046.590000 01'1.1049.520000 057.1057.900000 057.1057.900000 057.1057.900000 057.1057.900000 268.31 1,772.77 1,209.64 648.60 389.00 46.26 5'14.00 244.OO 1,063.31 600.00 5,550.00 100.99 553.50 011.0010073 011.0010073 0'11.00106,11 011.0010669 011.0010669 01'1.0009961 057.0000052 057 0000052 057.0000052 06111t2015 o6t16t20't5 06/16/20'15 0611612015 06/16/2015 Sales Tax Street Signs- Street Signs- 1 Yr. Maintenance & Support: Period of Refund Overpayment on Permil Sales Tax 4692392A1 transmission control module Labor to diagnose and repair Electrical supplies- FWCDS- FWCDS- Freight Sales Tax Printed: 6/30/2015 12 17 50PM Page 17 ol 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 EARLY CHECKS VENOOR OISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE CHECK ISSUED NUMBER AMOUNT GE MOBILE WATER INC. HOME DEPOT CREDIT SERVICES 011 1033.520000 0'11.1033.520000 011.1024.520000 o11.1024.520000 o1'tj024.520000 011 .'1002.520000 011.1002.520000 011 .1001.520000 011 .1001 .520000 011.1001 .520000 011.1001 520000 011.1001.520000 011.1001 .520000 011 .1001.520000 011 1001.520000 011 1001 520000 011 .1001 .520000 011.'1002.520000 011.1002.520000 011.0010487 011.0009919 011.0010629 011.0010629 06l'16t2015 o6t1612015 6,804.49 347880 17 44 3/.7881 3/.7881 347881 3/.7881 1,163.04 347882 347882 3/.7882 3r'.7882 3/.7882 3/.7882 347442 347882 3/.7882 3r'7882 u7aa2 3/.7882 347882 347882 '17.44 Monthly Tank Rental: (2) SDI Column (MB 97752900 422.93 Small tools & plumbing hardware- 469.00 Whirlpool 10.7 cu. fr. Top Freezer 210.00 Catskill Crafrsmen 23.5 in. W Kitchen 61.1'l Sales Tax 12.20 Name Plate to read:- 051315VRS 6971064/697'1065 697 1 064/6971 065 6971064/6971065 264293tN 06/16/2015 HUNTINGTON PARK RUBBER STAMP 01 1 .001 04 1 7 011.0010625 011.0010625 011 .0010625 011.0010625 01'l.0010625 011.0010625 011.00'10625 011 .0010625 011.0010625 0'11.0010625 1.10 Sales Tax 2642931N 1'1.88 2x10 Name Plate (will go on desk holder) 266958|N 11.88 2x10 Name Plate (will go on desk holder) 2669581N 11.88 2x'lo Name Plate (will goondeskholde0 2669581N 'l'l.88 2x10 Name Plale (will go on desk holdeo 2669581N '11.88 2x10 Name Plate (will go on desk holder) 266958lN 10.98 1.5x10 Name Plate (will goondesk 2669581N 10.98 1.5x10 Name Plate (will go on desk 2669581N 43.92 1.5x10 Name Plate (will go on desk 2669581N 87.60 Double name plate desk holders 2669581N 19.16 Sales Tax 2669581N 11.88 2x'10 Name Plate (will go on desk holder) 2669581N 1.07 Sales Tax 2669581N Pnnled 6/30/2015 12 17 50PM Page 18 ol42 CITY OF VERNON WARMNT REGISTER NO. 1427 JULY 7, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION JOE'S SERVICE CENTER 011.1046.520000 252.00 Upstream and downstream oxygen 46157 sensors 011.1046.520000 22.68 Sales Tax 46157 011.'1046.590000 60 00 Labor to repalce orygen sensors 46157 DATE CHECK INVOICE P.O.# ISSUED NUMBER AMOUNT 06t16t2015 2s8.29 347883 347883 347883 347883 394.68 347884 75.73 3/'7885 347885 1 ,581.59 347886 4,529.84 347447 210.00 347888 347888 347888 011.1046.590000 60.00 Labor to diagnose 011.1061.596500 75.73 DisasterDebrisManagement 0'1'1.0010668 011.0010668 011.001066846157 061015 24 6M892401/60489 24 06/16/2015 06/16/2015 LINDA JOHNSON L.N. CURTIS & SONS 01'1.1033.520000 1.451.00 PTSTNSCL PROTECHS LAR TITAN 604892401/60489 011.0010695 GLOVES 011.1033.520000 '130.59 Sales Tax LEVEL 3 COMI\iIUN|CAT|ONS, LLC 057.1057.500173 4,529.84 Fiber Optic lnlernetAccess Contract 38900672 057.0000051 MCCALL'S METER SALES & 020.1084.520000 210.00 3 hours labor for onsile inslallation 26947 SERVICE 011 .00103'11 0611612015 0611612015 o6t1612015 UPHOLSTERY NICK ALEMNDER 011 .1046,520000 1.76 SAIES TAX REST 3159 011.1046.520000 '19.50 Malerialio repair drivers side floor 3159 011.1046.590000 45.00 Labor to repair drivers side floor mat 3159 011.0010670 011.0010670 Pnnied 6/30/2015 12 17 50PM Page 19 of{2 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION DATE CHECK INVOICE P.O.# ISSUEO NUMBER AMOUNT LYNDON ONG YIU 011.1060.596500 142.91 AVvWAAnnual Conference and 061115 ExPosition PUBLIC SECTOR EXCELLENCE 011.1026.596700 155.00 Preparing for Supervision Workshop 061515 SAN DIEGO POLICE EQUIPMENT 011.4031.520000 362.54 FED-P4oHST1: Federal HST40S&W 617858 01'1.0010690 co 18OGR 011.403'1.520000 3,585.12 CCI-24448: Speer Gold DOT.22364GR 617858 011.0010690 011.403'1.520000 2,475.76 FEO-AE223JLC: Federal .223 55GR 617858 011 0010690 FMJ-BT, 011.4031.520000 122.42Frcight 011.4031.520000 578.11 Sales Tax SILVA'S PRINTING NETWORK 011.1001.520000 5.76 Sales Tax 011.'1001.520000 64.00 Business Cards, - 011.1033.520000 5.76 Sales Tax 011 '1033.520000 6400 city ot Vernon Fire Adminislration 25815 011.1049.900000 3,320.00 AchitecturalServices 06116t2015 06/'t 6/2015 o6t1612015 347889 66.26 142.91 617858 011.0010690 617858 347890 '155.00 347891 347A91 347891 34789'l 3/7891 7 ,123.95 347892 347892 3/.7892 347892 139.52 347893 3,320.00 3/.7894 06/'16/2015 SIMON GLOVER INC. 25775 25775 25815 7625 060215 011.0010628 011 .0010713 06/'16/20 t 5 0611612015 SOUTHERN CALIFORNIA EDISON 011.1043.560000 39.52 Service Period; 04/30 - 06/0'l Printed: 6/30/2015 12:1 7:50PM Page 20 ol 42 CITY OF VERNON WARRANT REGISTER NO. 1 427 JULY 7, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION tNvotcE P.O.# OATE CHECK ISSUED NUMBER AMOUNT STAPLES ADVANTAGE 011.1049.520000 011.1049.520000 011.1026.520000 011.1026 520000 011 .'1060.596550 011 1046.520000 011 1046.520000 011 .1046.520000 020.1084.520000 020.1084.520000 020.1084.520000 020.1084 520000 011.1004.502090 011.1003 596500 04'18't svRs 04'l81sVRS 3264145166 3264145166 060915 128867286001 128867286001 128867286001 655357 655357 655357 043015 061615 011.0010604 011.0010617 011 0010665 011.0010665 011.00107M 011.0010704 011 .0010704 JERRICK TORRES UNITED RENTALS 0611612015 06/16/20'15 06t1612015 06118t2015 o6t18t2015 235.45 Ofiice Supplies- 21.19 Sales Tax 156.56 Ofiice Supplies- 14.09 Sales Tax 95.00 Qualified Stormwater Pollution Cert. 212.71 wheel 11.66 Freight 20.19 Sales Tax 06/16/20'15 39.52 347895 347895 347895 347895 427 .29 347896 95.00 3/.7897 347897 347897 USA BLUE BOOK AT&T ANA BARCIA 35.43 197.73 '174.45 21.46 1,674.58 192.63 Sales Tax Ashcrofl Plus Gauge - 100 psi Duralife 4" Liquid Filled Gauges.0 to 100 psi. Freight Claim for Damages - CV150934 Seminar TTC 400 Series 06l't6t2015 244.56 347898 347898 347898 347898 429.O7 347899 1,674 58 347900 192.63 Printed: 6/30/201 5 12 17:50PM Pege 21 o( 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT OESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUN1 01'1.230210 1,171.00 Paid in error. Moved oul in 2014 Ref00018'190'l NIELSEN,MERKSAMER, 0111002.596200 1,26,4.10ProfessionalServices PARRINELLO BLUETARP FINANCIAL REED & DAVIDSON, LLP 011.1002.596200 245.00 Professional Services FERNANDO RODRIGUEZ 011.1031.596500 10.93 Firearms/Tactical Rifle Adv. FEDEX HSA BANK KHEE TRADING, INC. 506255166(B) 061115 06,n8n015 06/18/2015 06t't8t2015 06118t2015 06/1al2015 06/182015 06/18/2015 06/1at2015 06/1812015 3/.7901 22.20 347902 1,250.00 347903 1 ,171.00 347904 1,2U.'lO 347905 7,499.99 347906 245.OO 3/7907 10.93 347908 2,200.oo 347909 152.06 347910 060115 O11.1O4385OOOO 7,499.99 Purchase of Northstar Hot Water 32a71253 011.0010498 011.1002.520000 22.20 Service Period: 06/15 011.1002.502030 1,250.00 HSAEmployerContribution 011.1026.596800 2,200.00 TuitionReimbursemenl 34303 060815 061515ANA RUEDA THE GAS COMPANY 011.1033.560000 152.06 Service Period: 05/08 - 06/09 061115 3Sl SECURITY SYSTEMS 011.4031.520000 108.00 Sales Tax Pnnted: 680/201 5 12:17:50PM 394293 Page 22 of 12 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 EARLY CHECKS VENOOR DISPLAY ACCOUNTNUMBER AMOUNT OESCRIPTION DATE CHECKINVOICE P.O.# ISSUEO NUMBER AMOUNT 3Sl SECURITY SYSTEMS 011 4031.520000 400.00 Part No.32010300: Nextcen3 ESO HC 394293 0'11.0010710 RT 011.4031.520000 40000 Part No. 32O1O3O2: Nexlcen3 ESO HC 394293 011.0010710 F 011.4031.520000 400.00 Parl No.32010303: Nextcen3 ESO 394293 011.0010710 061115 tNV15248 o6t23n015 o6t23r2015 o6f2312015 o6t23n015 06D3t2015 o6t2312015 0612312015 347910 3479'10 347910 347910 347910 1,945.00 347911 4,250.OO 347912 562.44 347913 1,1',t2.67 u7g',t4 75.00 3/.7915 75.00 347916 49.44 347917 Tracker 011.4031.520000 612.00 Annual Usage Per Tracker- 011.4031.520000 25.00 Freight 057.1057.500'173 4,250.00 lnternetAccessServic€s- 394293 011.00107'10 394293 011.0010710 tN0715201520037 057.0000053 44 92436269 6101506 BROADBAND LLC CALPORTLAND COMPANY 020.1084.520000 562.44 Concrete CATERING BY HERACHANDARA 011.1026.596700 1,112.67 Employee Appreciation BBQ COUNWCLERK, COUNTY OF L.A. 0'11.1041.468400 75.00 Notice of Exemption: Alcoa BelAir 061615 COUNTYCLERK, COUNTYOF L.A. 011.1041.410280 75.00 Notice of Exemption: Core lnveslments 061615(B) DISH NETWORK 011 503'1.560000 49 44 Service Period: 06/15 GOVERNMENTJOBS.COM,INC., 011.1026.550000 350.00 JobPosling Printed: 6/30/2015 12 17:50PM Page 23 oI 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 EARLY CHECKS ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE CHECK ISSUED NUMBER AMOUNTVENDOR DISPLAY L,N CURTIS & SONS LA-Z-BOY FURNITURE GALLERIES MNR CONSTRUCTION, INC. PROFORMA EXPRESS GRAPHICS 011.1033.520000 011.1033.520000 011.1033.520000 011.1033.520000 011.1033.520000 01'1.'1033.520000 011.1033 520000 011.1043.590000 01'l .1061 .520000 011.1061.520000 011.1043 560000 011.1026.520000 011 1026.520000 011.1003.520000 011.1003.520000 21.21 51 73 17.50 6.57 5,399.94 169.99 s0'l.29 15,392.',t7 198.55 17.87 011.0010556 06t23t2015 0612312015 o6123t2015 06t2312015 Nupla Marry Strap for Halligan and Fire R&B Fabrications #lRS-125 lron Sling Freight Sales Tax Joshua Reclina-Rocker Freight Sales Tax Replace I inch VCP @ 3240 E.26lh sl City of Vernon Health & Environmental Sales Tax 230.54 Service Period: 05/15 116.19 Offlce Supplies, - 10.46 Sales Tax 237.58 Office Supplies 21 38 Sales Tax 135108900 135108900 135108900 135108900 12750437 1275c/.37 12750/.37 VERl'15081r'1 90'15600724 9015600724 060915 05231sVRS 0523'1sVRS 3266863705/3706 3266863705/3706 011.0010565 0'1'1.0010565 011.0010565 0'11.00'10488 011.0010488 o6t2312015 06t23t2015 350.00 347918 347918 3/.7914 3/.7918 97.01 347919 347919 347919 6,071.22 347920 15,392 17 3/.7921 347921 216.42 347922 230 54 3/.7923 3/.7923 3/'7923 347923 SOUTHERN CALIFORNIA EOISON STAPLES ADVANTAGE 0'11.0010684 011.0010683 Panted 6/30/2015 12 17150PM Page 24 ol 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 EARLY CHECKS VENOOR DISPLAY ACCOUNT NUMBER AMOUNT OESCRIPTION INVOICE P.O.# DATE CHECK ISSUED NUMBER AMOUNT VERNON SANITATION SUPPLY CO, 011 .1033.520000 011.104'1.520000 011.1043.520000 01'l.120010 011.120010 01'1.1200'10 011.120010 011.120010 01 'l . 't 2001 0 o't't 120010 011 .120010 011.120010 011.1200'10 011 120010 01'1.120010 011.1200'10 011.120010 011 120010 0'11 .120010 933312235(B) 933312235(B) 933312235(B) 052015VRS 052015VRS 052015VRS 052o15VRS 05201sVRS 052015VRS 052015VRS 052015VRS 05201sVRS 0520'15VRS 05201sVRS 8101AO/810100 8'l01AO/810100 8101AO/8'10100 8101AO/810100 8101AO/810100 o6t2312015 o6t2312015 385.61 3/.7924 347924 347924 56.07 3/.7925 3r'.7925 3r'.7925 3/.7925 3/.7925 347925 347925 3/.7925 347925 347925 3/.7925 347925 3r'.7925 347925 347925 347925 11.37 11.30 33 40 280.62 2,709.00 410.7',! 108.90 81.70 367.80 189.00 82.50 568.00 135.38 40.49 38.96 19.08 60.12 42.34 37.28 0'l'l.0010652 011.0010652 01 1 .00'l 0652 011.0010652 011.0010652 011.00'10652 011.0010652 011.0010652 011.0010652 011.0010652 011.0010732 0'11.0010732 011.0010732 01'1.0010732 Service Period: 06/15 Service Period: 06/15 Service Period: 06/'1 5 0578-580 Palmolive #04930 dish liquid 0552-800 Georgia Pacific #20603, Sales Tax 0515-150 DART #8J8, 8 oz. foam cups, 0515490 SUPREME 5" X 36" cotton dust 0568-450 Palmolive bar soap, Gold,4.5 0578-200 Joy liquid dish soap, 8-38 0578-300 CASCADE #34034 dishwashing 0578-400 TIDE liquid laundry 0515-390 CL-4 C.L.R. Calcium Lime Rusl 0515-405 Furnilure Polich. 12 bottles Sales Tax 0515-350 Scrubble Angled Bowl Brush, 0515-560 Stirrup Quick Change Handle - 0552-667 RMC #8 Naturelle Maxi Pads, 0552-668 RMC #4 Nalurelle Ultra Thin Prinled: 6/30/2015 12 17150PM Page 25 ol 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.f DATE CHECK ISSUED NUi'IBER AMOUNT VERNON SANITATION SUPPLY CO, 011,120010 01'l 120010 011.120010 01'l .120010 01'1.1047.520000 01't.1047.520000 01'1.1047.520000 48.42 34.40 '171.00 20.21 52.20 27 .72 7 .19 1,130.70 '10'1.76 61 23 15.00 159.00 190.00 32.76 14.85 '165.00 12,608 74 o6t23DO15 o6123t2015 0552-669 P & G Tampax for Vending, 500 3334-572 Broom Handle, 72" X 15/16", 0320-200 Carlisle FloJcac Truck Wash 0330-678 Scrubble Poly Green Backed Tolco Model DSP Drum Pump, 0'l-2" IPS Continental Self-Priming Nickel Plated Sales Tax 1996 Kleenline White 2-ply bath tissue, Sales Tax Fuel Charges Stock Code: BL-o1PVD- Stock Code: CAM-HFW2220R-Z- Stock Code: DVR-HCVR-s'l 04H-V2- Sales Tax Sales Tax Stock Code: CAM-HKV- Supplemental lns - 06/'1 5 8101AO/810100 8101AO/810100 8101AO/810100 8101AO/810100 8101AO/8't0100 8101AO/810100 8101AO/810100 753'19998 75319998 41054133 898482 898482 898482 898482 898539 898539 258662 0'11.0010732 0't1.oo10732 011.0010732 011.0010732 o11.OO10732 01'l.0010732 011.0010709 06t2312015 3/.7925 347925 347925 3r'.7925 347925 347925 3/'7925 5,533 06 347926 347926 1,232.46 3r'.7927 6'1.23 3/.7928 3/'7924 3/.7928 347928 347928 3/'7924 576 61 347929 WAxIE SANITARY SUPPLY WEX BANK DBA ETC DEPOT 247CCTV, INC. 011 .1200'10 011.1200'10 01'l '1031.570000 011.9019.520010 01'1.9019.520010 01'l 9019.520010 011.9019.520010 011 .90'19.520010 011.901b.520010 o11.210223 01'1.0010700 011 .0010700 011.0010700 011.0010699 AFLAC Printedr 6/30/2015 12:17:50PM 06t25t2015 Page 26 of 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION lNvorcE P.O.# DATE CHECK ISSUED NUMBER AMOUNT AT CONFERENCE CAL TECH COPIER, INC. CDW GOVERNMENT, INC. 011.9019 560010 011 9019.590110 011 .9019.590110 011 .9019.520010 011.9019.5200'10 011.90'19.5200'10 011.9019.520010 011.9019.520010 011.9019 520010 011 .9019.520010 011.90't 9.520010 011.9019.520010 01'l .9019.520010 01'l .9019.520010 011 .9019.520010 011 .9019.520010 01'1 9019.520010 011.90'19.520010 49.85 Conference Calls 125.00 Repairs & Maintenance 125.00 Repairs & Maintenance 159.82 Sales Tax 26.09 Sales Tax 71.28 Sales Tax 25.74 Sales Tax 506.52 llem No. 3292080 - 7.33 ltem No. '1689434 - 4.00 ltem No. 654810 - 128,29 Freight 0.66 Sales Tax 286.29 ltem No.26'12968 - 286.29 ltem No.2612968 - '1,777.56 llem No. 3367871 - 290.24 ltem No.2948747 - 912.98 ELECTROVOICE 18IN GOOSENECK Mtc- 82.17 Sales Tax 8036460515 cT53487 cT53488 vJ766544/M65507 vJ766544/M65507 vJ766544/M65507 vJ766544/M65507 vJ766544/M65507 vJ766544r'M65507 vJ766544/M65507 vJ766544/M65507 vJ766544/M65507 vJ766544/M65507 vJ766544/M65507 vJ766544r'M65507 vJ766544/M65507 vo03304 vQ03304 0612512015 o6t2512015 06t25t2015 't2,608.74 347930 49.85 347931 347931 250.00 347932 3/.7932 347932 3/.7932 3/.7932 3/'7932 347932 3r'.7932 347932 3/.7932 3/7932 3/.7932 347932 3/.7932 3/.7932 o't't .0010642 01'l.0010642 011.0010642 011.0010642 011 .0010642 o1',t.00106/,2 011.0010642 011.0010642 011.0010648 Printed 6/30/2015 12:17 50PM Page 27 ol 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 EARLY CHECKS ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE CHECK ISSUED NUMBER AMOUNTVENDOR DISPLAY CENTRAL FORD COLONIAL SUPPLEMENTAL INS COUNry OF LOS ANGELES 011.1046.520000 011.1046.520000 011.1046.520000 011.1M6.520000 011 .'1046.520000 011 .1046.520000 011.1046.520000 011.1046.520000 o11.210223 011 1043.595200 011 1043 595200 011 .1043.595200 011 9019.520010 011 9019.520010 252.52 28.72 'to.73 29.19 10.73 24.72 29.19 252.52 5,05'r.94 3,460.58 79.58 251 a2 322.38 3,582.00 6W124234-A right rear axle shaft 3W1Z-1225-p,4' right rear axle shaft 3U2Z]15177-AA right rear axle shaft Sales Tax 10.00 3U2Z]|y177-AA lefr rear axle shaft seal 3W1Z-1225-A'r'. left rear axle shafr Sales Tax '10.00 6W1Z-4234-A lefr rear axle shaft Supplemental lnsurance: 05/1 5 LABOR & EQUIPMENT LABOR & EQUIPMENT CHARGES LABOR & EQUIPMENT CHARGES Sales Tax Mivoice Conference Unit (aka UC360 2566',t2 256612 256612 256612 256685 256685 256685 256685 77 136470501876 REPW1506040842 I REPW1506040842 2 REPW1506040848 o 11779 't't779 011.0010719 011.0010719 011.0010719 011.0010720 011.0010720 0'11.0010720 06t25t2015 o6125t2015 06t25t2015 o6t2512015 4,565.26 347933 347933 347933 347933 347933 347933 347933 347933 642.32 34793/. 5,051.94 347935 347935 347935 3,791.98 347936 347936 3,9M.38 INC, CROSSPOINT NETWORK SOLUTI Prinled 6/30/201 5 12:17:50PM 011 0010645 o6t2512015 Page 28 ol 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION DATE CHECK INVOICE P.O.# ISSUEO NUMBER AMOUNT DA AUTO GROUP, LLC 0't 1 .001 071 7 011.0010717 0'l'l.0010717 011 0010717 01 1 .0010717 011 .0010717 347937 347937 347937 3/.7937 347937 3/'7937 347937 751.25 347938 347938 347938 476.88 347939 347939 743.00 347940 't9,250.00 347 1 011.1046.520000 325.00 Rebuilt carburetor with new floal 20243 011.1046.520000 29.25 Sales Tax 20243 01'1.1046.590000 7.00 Hazardous materials 20243 011.1046.590000 75.00 Labor to check and diagnose engine 20243 011.1046.590000 150.00 Labor to repair vacuum lines and check 20243 011.1046.590000 90.00 Labor to remove and install rebuilt 20243 011.1046.590000 75.00 Labor to remove, clean, check gap and 20243 DAPPERTIRE COMPANY 011.1046.520000 431 08 goodyear eagle rs-a tires 011.1046.520000 38.80 Sales Tax 011.1046.590000 700 State tire tee DEPARTMENT OF MOTOR O11.2OO25O VEHICLES 675.00 PressureWasherTrailerRegistration- 062415 41958210 011.0010716 419582'10 419582'10 011.0010716 tNV011237 011.0010753 8en182021 o6t25t20't5 06t2512015 011.1043.596200 68.00 Pressure Washer Trailer Regislration- 062415 DIGITALMAP PROOUCTS, lNC. 011.90'19.590110 19,250.00 ltem Number: ACG-00- FRANCHISE TAx BOARD O'11.2'10260 '180 00 Garnishmenl: Payment GEOSPATIAL TECHNOLOGIES, 011.9019.590110 4,700.00 CrimeMap Mobile Site License 15617 tNc. Prinled r 6/30/2015 12:17:50PM o6t25t2015 o6t25t2015 0612512015 '180.00 347942 Page 29 ol42 CITY OF VERNON WARRANT REGISTER NO, 1427 JULY 7, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION DATE CHECK INVOICE P.O.f ISSUED NUMBER AMOUNT HI-DESERTCOMMUNICATIONS 011.90'19.590110 480.00Maintenance&Repairs J & J SMOG CHECK CENTER 011.1046.590000 1,920.00 Labor to smog 48 city vehicles at 3 JASONADDISON SMITH 011.1041.595200 510.00 Professional Services CONSULTING 35940 PC4410 011.0010639 o6t2512015 o6125t2015 o6t2512015 o6125t2015 4,700 00 347943 480.00 347944 1,920.00 347945 510.00 347946 347946 294.OO 347 7 u77 u77 3/.7947 1 ,051.85 347948 2,000.00 347949 2,265.00 347950 MAYWOOO CAR WASH 011 1031.570000 245.00 Car and truck washing service- 655 011 .1060.570000 49.00 Full Service Car Wash- 658 011 .0009948 011 .0009954 o6t25t2015 MUSICIAN'S FRIEND, INC 011.9019.520010 680.00 ltem# 584197- 011.9019.520010 55 00 ltem# 336303- 011 9019.520010 230 00 ltem# J0836,4- 011.9019.520010 86.85 Sales Tax SANDRAD BINGMAN 011.210260 2,000.00 GARNISHMENTS; Payment TEAMSTERS LOCAL 911 011210250 2,265.00 Teamsters Local 911 Dues: Payment 8en182011 ARtNV26477794 011.0010647 AR1NV26477794 011.0010647 ARtNV26477794 011.0010647 ARtNV26477794 8en182017 o6t25t2015 o6125t2015 06t2512015 UPS Printed: 6/30/201 5 12:17:50PM 011.1033 520000 3.65 Service Period: 05/'15 933312225 Page 30 of 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7,2015 EARLY CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION DATE CHECKINVOICE P.O.# ISSUED NUMBER AMOUNT UPS VERNON FIREMEN'S ASSOCIATION 011.1041.520000 87.54 Service Period:05/15 011.210250 3,215.00 Fire House Fund: Payment 933312225 Ben 1 8201 9 o6t25t2015 o6t25t2015 o6t25t2015 347950 91.19 347951 3,215.00 347952ASSOCIATION VERNON POLICE O11.21O25O 1 ,887.60 Police Association Member Dues: Ben182015OFFI Payment 1,887.60 TOTAL EARLY CHECKS $ 290,610.32 Printed: 6/30/201 5 1 2: 1 7:50PM Page 31 of 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2OI5 CHECKS VENOOR DISPLAY ACCOUNT NUMBER AMOUNT OESCRIPTION INVOICE P.O.# CHECK NUMBER AMOUNT ADVANCED ELECTRONICS, INC AEGIS ITS, INC ALL CITY MANAGEMENT SERVICES, AREA E DISASTER MANAGEMENT BRD SANTA FE SPRINGS FIRE DEPT ATHENS INSURANCE SERVICES, tNc MARIAAYALA BANK OF NEW YORK MELLON, TRUST Printed: 6/30/2015 12:'17:50PM 011.'1036.590000 011.1036.596200 011.1041.590000 01 'l .'l 04 1 .590000 011.1031.594200 01'1.1031.594200 011 1036.596550 0'11.1033.596550 0'11.1026.594200 011.1003.596700 011.1004.592010 1514651N '15'1465rN 12977 13063 39502 39586 201624 061615 rvc9678 061615 252187't201 347953 347953 1,830.90 347954 3/.7954 3,476.75 347955 3/.7955 900.18 347956 1,656.00 347957 500.00 347958 4.916.66 347959 500.00 347960 499.34 1,331.56 1,890.92 1,585.83 500.10 400.08 1,656.00 500.00 4,916.66 Repairs & Mainlenance Repairs & Maintenance Preventative Maintenance Rolling Reporl School Crossing Guard School Crossing Guard Memebership Fees Annual Membership Dues- TPA Fees 500.00 League of CA Cities Annual Conference 2,720 00 Escrow Agent & Wire Processing Fees Page 32 ol 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 PRINTED CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION tNvotcE P.o.# CHECK NUMBER AMOUNT BENNETTA. WEINER, O.D. 011.1047.502030 275.00 Msion Benefits: W. Cavazos BEST BEST & KRIEGER LLP O'11jO24.5932OO 31.00 Labor & Employment BRENNTAG PACIFIC, lNC. 020.1084.500140 2,937.83 Chlorine 020.1084.500140 -360.00 CreditMemo CAINE & WEINER COMPANY, lNC. 011.1033.595200 356.65 Colleclion Services CALIFORNIA MUNICIPAL 011.1004 596550 155.00 Renewal Fees 060215 748589 050715VRS BPt219600 399829 061715 108475 0617'15 48826 060115 060315 347961 2,720.O0 275.OO 347962 31.00 347963 347963 2,577.43 34796/ 356.65 347965 155.00 347966 8.50 347967 99.00 347968 60.00 347969 347969 CALOX INC. CAREERTRACK CASE ANYWHERE LLC 011.1033.520000 8.50 Repairs & Maintenance 011 1003.596700 99.00 Registration Fee: A. Barcia 011.1024 596200 60.00 System Access Fee ccAc - clTY CLERKS ASSOC 011.1003.596700 200.00 Nurs & Bolts Workshop 011.'1003.520000 4O.OO 2012 City Clerk's Handbook Printed: 5/30/2015 12117:50PM Page 33 of 42 CITY OF VERNON WARRANT REGISTER NO, 1427 JULY 7, 2015 PRINTED CHECKS VENDOR DISPLAY ACCOUNTNUMBER AMOUNT OESCRIPTION rNvorcE P.o.# CHECK NUMBER AMOUNT CCDEH CLINICAL LAB OF SAN BERNARDINO CNC ENGINEERING 011.1060.596550 T62.00MembershipDues 020.'1084.596200 1,622.00 WaterSamplingServices 060.6033.900000 5,856.47 ProfessionalServices 10273 94371'1 13269 28541M 061215 2832310 DHM6993 061 7't 5 061715(B) 061715(C) 061715(D) 347970 347971 240.OO 762.00 't,622.00 u7972 5,456.47 347973COMPLETE THERMAL SERVICES 011.1049.590000 93300 Repairs & lvlaintenance rNc. DAVID KIMES 011 1026.596800 750.00 Tuition Reimbursement DEPT. OF GENERAL SERVICES 011.1024.593200 95.50 Administrative Hearings DoNALD H. MAYNOR, ESO 011.1004.595200 1,875.00 Legal Services: UUT DR. JOSEPH HSU 011 1031.502030 75.00 Vision Benefits: A. Vasquez 011 1031.502030 75.00 Vision Benefits: E. Vasquez 011.1031.502030 75.00 Vision Benefits: L. Vasquez 011.1043 502030 75.00 Vision Benefits: L. Sanchez 34797 4 347975 933 00 750.00 95.50 347976 1,875.00 347977 347977 347977 347977 Printedr 6/30/2015 12 17 50PM Pale 34 ol 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 PRINTED CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# CHECK NUMBER AMOUNT DR. JOSEPH HSU DR. i/ARK ROSA 011 1031.502030 011.1031 .502030 01'1.1031 .502030 01'1.1048 596200 011.1004.596200 011.1043.550000 0'11.1004.596200 011.1033.596200 011.1049.590000 011.1026.596800 011 .1026.596800 011 .1033.520000 011.1033.520000 011.1033.520000 061715(F) 060215 060215(B) 4327A 43/.82 43/88 43515 112364 50/.78 060415 061715 97499787 97729438 97752365 375.00 500.00 75.00 Vision Benefits; L. Vasquez 275.00 Msion Benefits: T. Vanover 225.00 Vision Benefits: D. Vanover 347977 347978 347978 347979 3/.7979 347979 347979 75.00 200.00 975.00 200.00 290.48 1 ,510.00 EASTERN GROUP PUBLICATIONS INC Public€tion Fees Publication Fees Publication Fees Public€tion Fees Professional Services Preventative Maintenance EDM SERVICES, INC FACILITIES PROTECTION SYSTEMS WILLIAM FOLTZ JR GE MOBILE WATER INC, 655.93 TuitionReimbursement 30.92 Tuition Reimbursement 170.04 Maintenance & Repairs 1'13.36 Maintenance & Repairs 90.16 Repairs E Maintenance 1,450.00 347980 290.48 347981 '1,510.00 347982 347982 686.85 347983 347983 347983 Pnnted: 6/30/2015 12 17 50PM Page 35 ol 42 CITY OF VERNON WARRANT REGISTER NO. 1 427 JULY 7, 2015 PRINTED CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION |NVO|CE P.O.# CHECK NUMBER AMOUNT GE MOBILE WATER lNC. 0'11.1033.520000 98.88 Repairs & Maintenance 97752366 347983 472.44 GE MOBILE WATER lNC. 0'11.1033.520000 113.36 Maintenance & Repairs 97772673 U79A4 't13.36 PAUL HALLENBERG 011.1026.596800 655.22 Educ€tion Assistance Program 061515 347985 655.22 JASON HAUGEN 011.1033 502030 214.00 Vision Benetlts; Spouse HAUL-AWAY RUBBISH SERVICE 011.1033520000 244.00 Disposal Services co. 011.1043.596200 667.9'l DisposalServices 0'1'1.'1048.596200 61 00 Disposal Services 011.1049.596200 132 00 Disposal Services IGOE & COMPANY INC.011 1026.594200 200.00 Administrative Fees JASONADDISONSMITH 011.'1041.595200 1,'l90.00ProfessionalServices CONSULTING JONATHAN SUDDUTH 061715 05311sVRS 053115VRS 053'115VRS 05311sVRS 133156 PC4438 061115 347986 214.OO 347987 3/.7947 3/'7987 3479A7 1,104.91 347988 200.00 347989 1,190.00 347990 192.00 Page 36 d 42Printedr 6/30/201 5 12117 50PM 011'1026.596800 l92.00TuitionReimbursement CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 PRINTED CHECKS VENDOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION |NVO|CE P.O.# CHECK NUMBER AMOUNT JSB FIRE PROTECTION, LLC 01'1.1033.595200 4,710.74 Repairs & Maintenance 15205 347991 4,710.74 KJ SERVICES 011.1060.595200 3,726.83 Recycling Program Aclivities 8372 347992 011.1060.595200 2,661.89 Used Oil Program Activities 8373 3/.7992 6,388.72 LAPOOLGUYS 011.1049.590000 194.00 Pool Services 31270 347993 194.00 LETNER ROOFTNG COtVlpANy 011 1049.900000 1,946.53 REROOFTNG MECHANTCAL ROOM 040715 347994 'l,946.53 LIBERTY MFG, lNC. 011.4031.596200 249.00 Range Maintenance Service 83'12 347995 249.OO LIEBERT CASSIDY WHITMORE 011j024.593200 3,655.00 General Matters 1403962 347996 011 '1024.593200 292.50 S. Wiles Litigation '1403963 347996 011 1024.593200 196.00 Francesco Pirello IDR 1403965 347996 011.1024.593200 2,968.75 Malkenhorst CalPers Admin Appeal 1403966 347996 011 1024.593200 364.00 Malkenhorst Breach of Cotracl Complain 1403967 3/.7996 o11.'1o24.5932OO 320.50 L Vu Unfair Practice Charge 1403968 347996 011.1024.593200 8,568.00 J. Chavez Discipline 1403969 347996 16,364.75 LOSANGELES COUNTYASSES. 011.1041.595200 5.81 Maps & Postage 15ASRE313 347997 oFc. Pnnted 6/30/201 5'12:17 50PM Page 37 ol 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7 ,2015 PRINTED CHECKS VENOOR OISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION rNvorcE P.o.f CHECK NUMBER AMOUNT LOS ANGELES ELEVATOR 011.1049.590000 90.00 Elevator Service SERVICES MANUELD GONZALEZ, O.D. 011.1031.502030 200.00 Vision Beneflts: F. Rodriguez MELVYN GREEN & ASSOCIATES, 0'11.'1041.595200 4,212.02 Prcfessional Services tNc MSDS ONLINE INC. MSW CONSULTANTS SANTA FE BUILDING MAINTENANCE STEVE COSTER 5 81 SUPERIOR CT OF CAL. OF LA 011.1031.594200 62.50 Parking Citations 020.1084.520000 1,499.50 RenewalFees 011.1061.595200'14,257.50 ProfessionalServices 011.1049.590000 6,591.07 JanitorialServices 011.1033.502030 275 00 Vision Benefits: Spouse 8222 06081 5 13763 123100(B) VRN,I511 13873 061715 o512',t5 831915816 347998 347999 348000 348001 348002 348003 348004 348005 90.00 200.00 4,212.O2 1,499.50 14,257.50 6,591.07 275.00 62.50 THOMSON REUTERS Printed: 6/30/201 5 1211 7:50PM 011.1024.596600 371.28 lnformationCharges 348006 Page 38 ol42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 PRINTEO CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# CHECK NUMBER AMOUNT U.S. HEALTHWORKS MEDICAL GROUP THOMSON REUTERS TODD PAINTON 01'l .4031 .520000 011 1026.596800 0'11.1026.596800 011 '1033.596700 0'11 .1026.597000 01'l 1026.597000 01'1.1026.597000 01'1.'t026 597000 011 1026.597000 020 1084.596200 020.1084.596200 011.1033.570000 020.1084.540000 011 .1043.540000 011 1046.540000 831939397 053115 053115(B) 2698776C4 2706006CA 2712901CA 27'15991CA 2719652CA 2722674CA. 42015O774(B) s20150768(B) 72020087473 0531'15 053115 053115 348006 1,U3 49 348007 348007 500.00 348008 348008 348008 348008 348008 348008 1,566.00 348009 348009 228.O0 348010 2,350.00 348011 348011 348011 972.21 lnformation Charges 250.00 Tuition Reimbursement 250.00 Tuition Reimbursement 24.00 FTE Program TB Test 30.00 DMVQuestionnaire 84.00 Hep B f iter 545.00 Pre-Employment Physicals 8'13.00 Pre-Employment Physical 70.00 DOT Physical 106.50 New lcket Charges 12'l.50 New'Tlcket Charges 2,350.00 Fire and Emergency Vehicles Services 141.04 Uniforms Services 05/15 235.24 Uniforms Services 05/15 67.44 Uniforms Services 05/15 UNDERGROUND SERVICE ALERT UNDERWR ITERS LABORATORI ES rNc UNIFIRST CORPORATION Pnnted 6/30/2015 12:17 50PM Page 39 ot 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 PRINTEO CHECKS VENDOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION UNIFIRST CORPORATION 011 1047.540000 35.64 Uniforms Services 05/15 011 1049.540000 68.40 Uniforms Services 05/15 |NVO|CE P.O.# CHECK NUMBER AMOUNT USC FOUNDATION 011.1060.596550 l20.00MembershipFees VASQUEZ & COMPANY. LLP 011.1004.595200 10,000.00 Professional Services VERNON FIREMEN'S ASSOCIATION 0531't5 053't't 5 't2581 2'150443tN 05311sVRS 05311sVRS 334679 3358'16 1504069 1505069 060915 348011 348011 547.76 344012 120.00 348013 10,000.00 348014 143.00 348015 348015 551 .09 348016 348016 1,379.67 3/.8017 348017 1,645.59 348018 655.22 Page 40 of42 011 1033.540000 143 00 Uniform Reimbursement for new hire 061015 VULCAN MATERIALS COMPANY 020 1084.520000 276.20 Asphalt 011 1043.520000 274.89 Asphalt WILLIAIVIS DATA MANAGEMENT 011 1003 596200 333.00 Storage Fees 011.1003.596200 1,04667 Storage Fees: 06/15 WITTMAN ENTERPRISES, LLC. 011.1033 596200 870.64 Billing Services 011 1033 596200 774.95 Billing Services BRYAN WOODRUFF Printed: 6R0/201 5 12:17:50PM 011.1026.596800 655.22TuitionReimbursement CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 PRINTED CHECKS ACCOUNT VENOOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# CHECK NUMBER AMOUNT YALE CHASE MATERIALS 011.1049.590000 5,050.00 Maintenance & Repairs 061615VRS HANDLING 34801 9 5,050.00 TOTAL PRINTED CHECKS $ 124,278.66 Printed: 6/30/201 5 1 2: l 7:50PM Page 41 ol 42 CITY OF VERNON WARRANT REGISTER NO. 1427 JULY 7, 2015 RECAP BY FUND FUND WIRE TOTAL EARLY CHECK TOTAL PR!NTED CHECK TOTAL TOTAL 112,077.62 $ 1,875,906.80011 - GENERAL O2O - WATER 057 - FIBER OPTIC 060 - HAZARDOUS WASTE GRAND TOTAL TOTAL CHECKS TO BE PRINTED 67 $ 1 ,492,178.49 $ 245,502.41 0.00 126.00 $ 1,737,806.90 $ 271,650.69 $ 3,375.30 15,584.33 0.00 6,344.57 0.00 5,856.47 255,222.28 15,584.33 5,982.47 290,610.32 $124,278.66 $ 2,152,695.88 Printed: 6/30/201 5 1 2: 1 7:50PM Page 42 of 42 RECEIVED JUL 0 1 2015 CIIY CLERK'S OFFIOE DATE: TO: FROM: RE: RECEIVED JUL 0l 20t5 CITY ADMINISTRATION STAFF REPORT FI NANC E/TREAS U RY D EPARTM E NT June 30, 2015 Honorable Mayor and City Council #%William Fox, Finance Director l Light & Power Warrant Register for City Council Agenda of July 7,2015 It is recommended that the attached Light & Power Warrant Register No. 392 be approved at the City Council meeting of July 7,2015. Light & Power Warrant Register No. 392 totals $6,485,946.43, and covers claims and demands presented during the period of June 9 through June 29,2015, drawn, or to be drawn, from East West Bank. The following list details the components of Light & Power Warrant Register No. 392: 1. Ratification of wire transfers totaling $6,294,945.52; 2. Ratification of the issuance of early checks totaling $135,657.78; and 3. Authorization to issue pending checks totaling $55,343.13. LIGHT & POWER WARRANT REGISTER NO. 392 JULY 7, 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: Printed: 6/30/2015 I:53:58PM Page 2 ol 21 LIGHT & POWER WARRANT REGISTER NO. 392 JULY 7, 2015 WIRES VENDOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION DATE wlREINVOICE P.O.# ISSUED NUMBER AMOUNT CALIFORNIA ISO 055.9200.500150 528,783.22 lnitialCharges05/15 055.9200.500170 1,004,63'1.60 lnitial Charges 05/15 055.9200.500190 2,834.94 lnitialCharges05/15 055 9200.500210 17,361.75 lnitial Charges 05/15 055.9200.500240 2,265.56 lnitialCharges05/'15 055.9200 500190 77.62 Revised Charges 05/15 055.9200 500150 -8,837.73 Revised Charges 05/15 055.9200.500170 -1,742.29 RevisedCharges05/15 055.9200.500210 -54.73RevisedCharges05/15 BLOOMBERG FINANCE L.P. 055 9200.596200 273.00 Market lnformalion Services 055.9200.596200 10.740 00 Market lnformation Services CALIFORNIA ISO 055.9200.500190 -2,072.83 lnitialCharges06/15 055.9200.500150 148,829.78 lnitial Charges06/'15 055.9200.500170 2,380.63 lnitialCharges06/15 201506023130035 155 201506023130035 't 55 20'1506023'130035 155 201506023130035 155 201506023130035 155 201506023130035 155 201506023130035 155 201506023130035 155 201506023130035 155 5602814669 560241467',! 201506093'130061 o94 201506093'130061 094 201506093130061 094 5866 5866 5866 5866 5866 5866 5866 5866 5866 06/08/2015 1,545,319.94 06/09/20'15 5867 5867 '11,013.00 5868 5868 5868 Pnnted 6/30/2015 1 53:58P[4 Page 3 of 21 LIGHT & POWER WARRANT REGISTER NO. 392 JULY 7, 2OI5 WIRES VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE wlRE ISSUED NUMBER AMOUNT CALIFORNIA ISO PETRELLI ELECTRIC INC, 055.9200.500210 055.9200.500170 055.9200.500150 055.9200.500190 055.9200 500150 055.9200.500190 055 9200.500170 055.9200.500150 055.9200.500170 055.9200.500190 055 9200.500210 055.9200 500170 055.200400 055.200400 lnitial Charges 06/'15 Revised Charges 11/'13 Revised Charges 11/13 Revised Charges'l'l/'13 Revised Charges 08/14 Revised Charges 08/14 Revised Charges 08/14 Revised Charges 05/15 Revised Charges 05/15 Revised Charges 05/15 Revised Charges 05/'15 Revised Charges 06/13 Electric Service Maintenance Electric Service Maintenance 20'1506093130061 094 201506093130061 094 201506093130061 094 201506093130061 094 201506093'130061 094 201506093130061 094 201506093130061 094 201506093130061 094 201506093130061 094 201506093130061 094 201506093130061 094 201506093130061 094 '150436 150437 5868 5868 5868 5868 5868 5868 5868 5868 5868 5868 5868 5868 164,495.24 5869 5869 1,210,541.27 16,507.00 -6,655.02 3,129.04 77 .48 10,144.82 14 49 -4,O72.53 -1,937.97 -1,392.44 _.17.80 -44.83 5.42 680,206.92 530,334.35 06115t2015 Printed 6/30/2015 1 53 58PM 06/16/2015 Page 4 of 21 LIGHT & POWER WARRANT REGISTER NO. 392 JULY 7, 2015 WIRES VENDOR OISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE WRE ISSUED NUMBER AMOUNT EAST WEST BANK CALIFORNIA ISO 055.9000.596500 055.9000.596s00 055.9000.520000 055.8100.520000 055.8100.s96600 055.9000.596600 055.9200.500150 055.9200.500170 055.9200.500190 055.9200.500210 055.9200.500150 055 9200.500170 055.9200.5002'10 055.9200.500't 90 055.9200.500240 055.9200 450340 Airfare: Staff Lodging: Staff Supplies Supplies Training: Staff Training: Staff lnitial Charges 06/'15 lnitial Charges 06/15 lnitial Charges 06/15 lnitial Charges 06/1 5 Revised Charges 05/'15 Revised Charges 05/15 Revised Charges 05/15 Revised Charges 05/15 Revised Charges 05/15 Revised Charges 05/15 042115 042115 042115 042115 042115 042115 201506163130106 006 201506'163130106 006 201506163130106 006 201506163130106 006 201506'163130106 006 201506163't 30106 006 201506163130106 006 201506163130106 006 201506163130106 006 201506163130106 114 5870 5870 5870 5870 5870 5870 3,284.3',1 5871 5871 5871 5871 5871 587',! 5871 5871 5871 5A71 222.00 167.77 103.50 170.M s28.00 2,093.00 't88,487.75 2,815 41 144.66 16,702.96 -8,888.0'1 -22,388.'t9 -46.92 95.31 943 01 2,698.93 06117t2015 Printed: 6/30/201 5 1 :53:58Pt!!Page 5 ol 21 LIGHT & POWER WARRANT REGISTER NO. 392 JULY 7, 2015 WIRES VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION DATE WIREINVOICE P.O.# ISSUED NUMBER AMOUNT CALIFORNIA ISO 055.9200.500150 -3.10 Revised Charges 05/15 055.9200.500150 40.12 lnitial Charges 06/15 055.9200.500162 35,997.00 NaturalGasCERF SHELBY LLC ELEMENT MARKETS RENEWABLE 055.9200.500162 160,539.85 Gas Purchase 055 9200 500'162 234,252.20 Gas Purchase U.S. OEPARTMENT OF ENERGY 055.9200.500'150 28,663.84 Energy Purchase 055.9200.500180 26,050.19 EnergyPurchase 055.151000 -43,355.62 Energy Purchase BICENT (CALIFORNIA) MALBURG 055 9200.500150 255,921 .96 Energy Related Payment 055 9200 500180 1,694,038.68 Capacity Payment 055.9200.500'150 -10,991.16 Replacement Energy Payment 5201501 055.9200.500150 -5.080.59 FuelBurden BICENT (CALIFORNIA) HOOVER 055.9200.500150 -19,184.M Energy Price Difference LLC 055.9200.500180 234,535.50 CapacityPriceDifference 055.9200.500180 43,355.62 ActualMonthlyUprating Pnnted: 6/30/2015 1:53:58PM 201506't 63130106 114 201506163130106 114 cRt5000037 E1M000011 ELt\4000012 GG1766A0515 GG176640515 GG1766A0515 520'1501 5201501 587'l 5871 062212015 180,601.93 5201501 cFD5201501 cFD520150'1 c F D 52 0'1 50'l 5872 35,997.00 5873 5873 5876 5876 5876 o6t2212015 0612212015 394.792 05 06t2212015 5874 5874 5874 1'1,358.41 5875 5875 5875 5875 o6t2312015 1,933,888 89 Page 6 ol21 LIGHT & POWER WARRANT REGISTER NO. 392 JULY 7, 2015 WIRES VENDOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION DATE wlREINVOICE P.O.# ISSUED NUMBER AMOUNT BICENT (CALIFORNIA) HOOVER 055 9200.500'150 -7 ,331 .4O CES Costs LLC DEPARTNIENT OF WATER & 055.9200.500170 21 ,870.00 Electric Energy Transaction POWER 055.9200.500260 575.00 ElectricEnergyTransaction CANTON RENEWABLES, LLC 055.9200 500'162 276,250 35 Natural cas CERF SHELBY LLC 055 9200.500162 141,73O.2O Natural Gas CANTON RENEWABLES, LLC 055.9200.500162 111,452.25 Natural cas cFD520'1501 GA'184155 GA18415s cRt10000090 cRt5000040 cRr10000088 5876 0612312015 251,375.68 06t2412015 5477 5477 22,445.OO 5878 0612512015 276,250.35 5879 o6125t2015 141,730.20 5880 o6125t2015 111,452.25 TOTAL WRES $ 6,294,945.52 Printed: 6/30/201 5 1 53 58PM Page 7 of 21 LIGHT & POWER WARRANT REGISTER NO. 392 JULY 7, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR OISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT BANK oF NEW YORK MELLON, 055.9000.592010 2,615.50 Administration Fee TRUST 2521864587 06031s 13A72 13872 060315 9333',t2215 052115 EDWIN OCHOA SANTA FE BUILDING MAINTENANCE UPS ADART COMPANY TODD DUSENBERRY 06/09/2015 o6to9t2015 511455 2,615.50 511456 69.58 511457 511457 2,152 78 511458 69.58 511459 25.91 511460 40,361.00 511461 35.08 511462 511462 511462 SHAHRAM SHARIFZADEH 055.9200.596500 69 58 SCPPATraining 055.9200.596500 69.58 SCPPA Training 055.8400.596200 445.S4Janitorialservices 055.9000.596200 1.706.94 JanitorialServices 055 8000.590000 25.91 Service Period: 05/15 055.7200.596702 40,361.00 CustomerlncentiveProgram 06/09/2015 06/09/20'15 06/09/2015 o6t't't t2015 0611112015 055.9000.596500 35.08 SCPPA Engineering & Operations 060315 Committee POWER CONSULTANTS lNC. PORT 055.9000.900000 13,984.'12 Contract Services CA 055.9000.596200 420.00Contraciservices 055.9000.596200 12,600.00 ConlraclServices Printed: 6/30/201 5 1:53:58PM VERNPVHMAYl5 VERNPVHMAYl5 VERNPVHMAYl5 Page 8 of 21 LIGHT & POWER WARRANT REGISTER NO. 392 JULY 7, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE CHECK ISSUED NUMBER AMOUNT PRINCESS PAPER JOINT POLE COMMITTEE SOUTHERN DUNGAREES, LLC 055.7200.596702 055 9100.596200 055 8200.540000 055.8200 540000 055 8200.540000 055.8200.540000 055.8200.540000 055.8200 540000 055 8200 540000 055.8000 540000 055.8000.540000 055 8000 540000 055.8000.540000 055.8000. 0000 055 8000.540000 055 8000.540000 055.8000 540000 055.8000.540000 055 8000 540000 7 ,201.28 715.30 204.24 242.72 147 .26 49.58 49.58 46.62 46.62 523.92 204.24 87.32 87.32 438.08 438.08 121.36 441.78 147.26 '103.60 06101 5 18613 9359371 9359371 935937'1 935937't 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 Customer lncentive Program Operating Expenses Carhartt - Part #: FRS003- Carhartt - Part #: FRB 240- Carhartl- Part #:101 575- Carhartt - Part #; 100235- Carhartt - Part #: 100235- Carhartt - Part #: 100234- Carhartt - Pa( #: 100234- Carhartt - Parl #: FRS003- Carhartl - Part #; FRS003- Carhartl - Part #: FRS003- Carhartt - Part #: FRS160- Carhartt - Part #: FRB 159- Carhartt - Part #: FRB 159- Carhartt - Part #: FRB 240- Carhartt - Part #: 101575- Carhartt - Parl #: 101575- Carhartt- Part #: 10'1203- 06t11t2015 06t11120',t5 o6t1112015 27 ,OO4.12 511463 7,201.28 511464 715.30 511465 511465 511465 511465 5'11465 511465 511465 511465 511465 511465 511465 5'l'1465 511465 511465 511465 511465 5'l'1465 055.0002265 055.0002265 055.0002265 055 0002265 055.0002265 055.0002265 055 0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 Prinred 6/30/2015 1 53 58PM Page I of21 LIGHT & POWER WARMNT REGISTER NO.392 JULY 7, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE CHECK ISSUED NUMBER AMOUNT DUNGAREES, LLC 055.8000.540000 055.8000.540000 055 8000.540000 055.8000.90000 055.8000.540000 055.8000.540000 055.8000.540000 055.8000.540000 055.8000.s40000 055.8000 540000 055.8000.540000 055.8000.540000 055.8000.540000 055.8000.540000 055.8000.540000 055.8000 540000 055.8100.540000 055 8100.540000 055.8100.540000 055.8100 540000 055.8100.540000 055.8100.540000 055.8100.540000 140.60 Carhartt - Part #:'100432- 8'l.40 Carhartt - Patl #: 1OO432- 81.40 Carhartt - Pad#: 1OM32- 70.30 Carhartt- Pa.l.#: 1OM32- 84.36 Carhartt- Part #: 100235- 42.'18 Carhartt - Part #: 100235- 99.16 Carhartl - Part #: 100235- 84.36 Carhartl - Part #:100235- 42.18 Carhartt - Part #; 100235- 99.16 Carhartt - Part #. 100235- 78.44 Carhartt - Pan#:1OO2U- 39.22 Carhartl - Pan#: 100234- 93.24 Carhartt - Patl #: 100234- 78.44 Carhartt - Patl#: 100234- 39.22 Carhartt - Parl #: 100234- 93.24 Carhartl - Pan#:1OO234- 261.96 Carhartt - Part #: FRS003- 305.62 Carhartt - Parl #: FRS003- 43.66 Carhartt - Parl #: FRS003- 102.12 Cad].a.l-l- Part #: FRS003- 51.06 Carhartt- Part #: FRS003- 51.06 Carhartt - Part #: FRS003- 43.66 Carhartt - Part #: FRS003- 935937'l 9359371 9359371 935937'l 9359371 9359371 935937'l 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 935937'l 9359371 9359371 055.0002265 055.0002265 0s5.0002265 055.0002265 055.0002265 055 0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 51't 465 5't'1465 5't'1465 511465 51'1465 511465 511465 5'11465 51'1465 5'11465 511465 511465 51'1465 511465 511465 5'11465 51'1465 511465 511465 511465 511465 511465 511465 Printed 6/30/2015 1 53 58P[.{Page 10 of 21 LIGHT & POWER WARRANT REGISTER NO. 392 JULY 7, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE CHECK ISSUED NUMBER AMOUNT DUNGAREES, LLC 218.30 Carhartt - Part #: FRS003- 218.30 Carhartt- Part #: FRS003- 43.66 Carhartl - Part #: FRS003- 102j2 Catharll - Part #: FRS003- 5'1.06 Carhartt - Part #: FRS003- 43.66 Carhartl- Part #: FRS003- 54.76 Carhartt - Part #: FRB 159- 54.76 Carhartt - Part #: FRB '159- 109.52 Carhartt - Part #: FRB 159- 273.80 Carhartt - Part #: FRB 159- '109.52 Carhartt - Part #: FRB 159- 273.80 Carhartt - Part #: FRB 159- 54 76 Carhartt - Parl #: FRB159- 273.80 Carhartt - Part #: FRB 159- 54.76 Carhartl - Part #: FRB 159- 164.28 Carhartt - Part #: FRB 159- '109 52 Carhartt - Part #; FRB '159- 164 28 Carhartt - Part #; FRB159- 54 76 Carhartt- Part #: FRB'159- 54 76 Carhartt - Part#; FRB 159- 54.76 Carhartt - Part #; FRB 159- 54 76 Carhartt - Part #: FRB 159- 60 68 Carhartt - Part #: FRB 240- 055.8100 540000 055.8100 540000 055.8100.540000 055.8100 540000 055.8100.540000 055.8100.540000 055.8100.540000 055.8100.540000 055.8100.540000 055.8100.540000 055.8100.540000 055.8100.540000 055.8100 540000 055.8100.540000 055.8100.540000 055.8100.540000 055.8100.540000 055.8100.540000 055.8100.540000 055.8100.540000 055.8'l 00.540000 055.8100.540000 055.8100.540000 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055 0002265 055.0002265 055.0002265 055 0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055 0002265 055.0002265 055.0002265 055 0002265 055.0002265 055.0002265 055.0002265 055.0002265 511465 511465 511465 511465 511465 511465 511465 51'1465 511465 5'11465 511465 511465 511465 51'1465 5'11465 511465 51'1465 511465 511465 511465 511465 511465 51'1465 Printedr 6/30/2015 1 53:58PM Page 11 ol 21 LIGHT & POWER WARRANT REGISTER NO. 392 JULY 7, 2OI5 EARLY CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT OESCRIPTION tNvotcE P.O.# DATE CHECK ISSUED NUMBER AMOUNT DUNGAREES, LLC 055.8'100.540000 055.8100.540000 055 8100.540000 055.8100.540000 055.8100.540000 055.8100.540000 055 8100.540000 055.8100.540000 055.8100.540000 055 8100.540000 055.8100.540000 055.8100.540000 055.8100.540000 055 8100 540000 055 8100.540000 055 8100.540000 055 8100.540000 055.8100.540000 055 8100.540000 055.8100 540000 055.8100.540000 055 8100 540000 055 8100.540000 121.36 Carhartt - Part #: FRB 240- 121 36 Carhartt - Part #: FRB 240- 60.68 Carhartt - Part# FRB 240- '121 36 Carhartt - Part #: FRB 240- 60.68 Carhartl - Part #: FRB 240- 60.68 Carhartt - Parl #: FRB 240- 121.36 Carhartt - Part #: FRB240- 60.68 Carhartl - Parl #: FRB 240- 121.36 Carhartt - Part #: FRB 240- 60.68 Carhartt - Part #: FRB 240- 60.68 Carhartl - Part #: FRB 240- 2O7.2O Carhadl - Part #; 101203- 2O7 .20 Cathatll - Pan#: 1O12O3- 207 .20 Cathal1l - Pan#: 1O12O3- 294.52 Carhartt - Part #: 101575- 294.52 Carhartt - Part #: 101575- '147.26 Carhartt - Pa( #: 10'1575- 107.30 Carhartt -Part #: '10'1576- 111.00 Carhartt - Pan#: 101577- 42.'18 Carhartt - Parl #: 100235- 42.18 Carhartt - Part #: 100235- 49.58 Carhartl - Part #: '100235- 49.58 Carhartl - Part #; 100235- 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 055 0002265 055 0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055 0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 oss.0002265 055.0002265 055.0002265 5't1465 511465 511465 51'1465 5'11465 511465 511465 511465 51'1465 5't't 465 5'l'1465 511465 511465 511465 511465 511465 511465 511465 511465 511465 511465 511465 51'1465 Printed 6/30/2015 1 53 58PM Page 12 ol 21 LIGHT & POWER WARRANT REGISTER NO. 392 JULY 7, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE CHECK ISSUED NUMBER AMOUNT DUNGAREES. LLC 055.8100.540000 055.8100 540000 055.8100 540000 055.8100.540000 055.8100.540000 055.8100. 0000 055.8100.540000 055.8100.540000 055.8100.540000 055.8100.540000 055.8 1 00.540000 055.8100.540000 055.8100.540000 055.8100.540000 055.8100 540000 055.8 1 00.540000 055.8100.540000 055.8100.90000 055.8'100.540000 055. 8't 00.540000 055.8100.540000 055.8100.540000 055.8100.540000 295.26 Carhartt - Part #: 100235- 99.16 Carhartt - Part #: 100235- '126.54 Carhartt - Part #: 100235- 49.58 Carhartl - Part #: 100235- 84.36 Carhartt - Pa( #: 100235- 49.58 Carhartt - Part #: 100235- 49.58 Carhartt- Patl #: 1OO235- 295.26 Carhartt - Parl #: 100235- 99.16 Carhartt - Part #; 100235- 126.54 Carhartl - Part #: '100235- 49.58 Carhartt - Part #: 100235- 84.36 Carhartt - Part #: 100235- 49.58 Carhartt - Part#: 100235- 49.58 Carhartt - Part #: 100235- 274. Cathaftl - Patl#: IOOZU- 46.62 Carhartt - Patl #: 100234- 78 44 Carhartt - Pa( #: 100234- 46.62 Carhartt - Pa( #: 100234- 78.44 Carhartt - Pan #: 1OO234- 46.62 Carhartt - Parl #: 1OO234- 46.62 Carhartt - Patl #: 1OO234- 274.* Ca(haftl - Part #: '100234- 46.62 Carhartt - Pan#: 1OO234- 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 935937't 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 05s.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.000226s 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 511465 511465 511465 5'11465 511465 51't465 51'1465 5'11465 511465 511465 511465 5'l'1465 511465 511465 511465 511465 511465 511465 511465 511465 511465 511465 511465 Pnnted 6/30/2015 1 53 58PM Page 13 ol21 LIGHT & POWER WARRANT REGISTER NO. 392 JULY 7, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE CHECK ISSUED NUMBER AMOUNT DUNGAREES, LLC 055.8100.540000 055.8100.540000 055 8100.540000 055.8100.540000 055.8100.540000 055.8100.540000 055.8100.540000 055.8 1 00.540000 055.8100 540000 055.8100.540000 055.8100.540000 055.8100.540000 055.8100.540000 055.8100.540000 055.8100.540000 055.8100.540000 055 8100.540000 055.8100.540000 055.8100.540000 055.8'100.540000 055.8'100.540000 055.8100.540000 055.8100.540000 78 44 Carhartt - Patl#t 1OO234- 46.62 Carhartt - Pa.t#: 1OO23/.- 78.44 Carhartt - Patl#:1OO2U- 46.62 Carhartt - Part #; 100234- 46.62 Carhartt - Part #: 100234- 39.22 Catha.|,.l - Part #: '100234- 39.22 Carhartl - Part #: 100234- 39.22 Carhartl - Part #: 100234- 39.22 Carhartt - Pan #: 100234- 39 22 Carhartt - Part #; 100234- 39 22 Carhartt - Pan#: 1OO234- 42 18 Carhartt - Part #: 100235- 42.18 Carhartt - Part #: 100235- 42.18 Carhartt - Part #: 100235' 4218 Catha.|..l - Pari #: 100235- 42 18 Carhartt - Part #; 100235- 42 18 Carhartt - Part #: 100235- 4218 Ca(haftl - Part#: 100235- 42.18 Carhartt - Part #; 100235- 42.18 Carhartt - Part #: 100235- 42.'18 Carhartt - Part #: 100235- 42.'18 Carhartl - Part #: 100235- 42.18 Carhartt - Part #: 100235- 9359371 9359371 9359371 9359371 935937't 9359371 9359371 9359371 935937'1 9359371 935937'1 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 055 0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055 0002265 055.0002265 055.0002265 055.0002265 055 0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055 0002265 055.0002265 511465 511465 511465 5'11465 511465 511465 511465 511465 5'11465 5'l'1465 5'11465 511465 5'11465 51't465 5'11465 511465 511465 511465 511465 511465 511465 511465 511465 Prlnled 6/30/201 5 1 :53:58P1',Page 14 ol 21 LIGHT & POWER WARRANT REGISTER NO. 392 JULY 7, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE CHECK ISSUEO NUMBER AMOUNT DUNGAREES, LLC 055.8100.540000 055 8100.540000 055 8100.540000 055.8100.540000 055.8100.540000 055.8100.540000 05 5.8 1 00.540000 055.8100 540000 055.8100.540000 055 8100.540000 055.8100.540000 055.8100.540000 055 8100.540000 055.8100.540000 055 8100.540000 055.8100.540000 055.8'100.540000 055.8100.540000 055. 8 1 00.540000 055.8 1 00.540000 055.8 1 00.540000 055.8100 540000 055.8100.540000 42.18 Carhartt - Part #: 100235- 48.84 Carhartt - Part #i FRB002- 48.84 Carhartt - Part #: FRB002- 70.30 Carhartt - Parl #t 1OO432- 70.30 Carhartt - Pad#: 'lOO432- 70.30 Carhartt - Pad#: 1OO432- 70.30 Carhartt - Part #: 100432- 70.30 Carhartt - Part #: 100432- 70.30 Carhartt - Pad#: 1OO432- 36 99 Carhartt - Part #: FRK009- 36 99 Carhartt - Part #: FRK009- 36 99 Carhartl - Parl #: FRK009- 36 99 Carhartt - Part #: FRK009- 36.99 Carhartt - Part #: FRK009- 36.99 Carhartt - Part #: FRK009- 36 99 Carhartt - Part #: FRK009- 36.99 Carhartt - Part #: FRK009- 36.99 Carhartt - Part #: FRK009- 33.30 Carhartt - Part #: FRK008- 33.30 Carhartt - Part #: FRK008 - 33.30 Carhartt - Part #: FRK008- 33.30 Carhartt - Part #; FRK008- 33.30 Carhartt - Part #: FRK008- 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 9359371 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055 0002265 055 0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 511465 511465 5't 1465 511465 5'11465 5'l'1465 511465 511465 5'11465 5'11465 511465 511465 511465 5'11465 511465 511465 511465 5',11465 511465 511465 511465 511465 511465 Pnnted: 6/30/201 5 1r53:58PL Page '15 ot 21 LIGHT & POWER WARMNT REGISTER NO. 392 JULY 7, 2015 VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE CHECK ISSUED NUMBER AMOUNT DUNGAREES, LLC FEDEX HAUL-AWAY RUBBISH SERVICE co. LISA UMEDA LOS ANGELES ELEVATOR SERVICES POWER ENGINEERS, INC. Pnnted: 6/30/201 5 1 53r58PM 055.8100.540000 055.8100.540000 055.8'l 00.540000 055 8100.540000 055.8100.540000 055.8'100.540000 055.8100.540000 055.8100.540000 055.8100.540000 055.9000.520000 055.8400.596200 055.8400.596200 055.9000.596500 055.8400.590000 055.9100.900000 33.30 62.16 62.16 43.66 43.66 43.66 43.66 43.66 43.65 30.24 157.00 442.81 'to7.87 o6t18t2015 06t1412015 o6t1412015 06/'18/2015 0611812015 Carhartt - Part #: FRK008- Carhartt - Pa( #: 100172- Carhartt - Part #: 100172- Carhartt - Part #; 101572- Carhartt - Part #: 101572- Carhartt - Part #: 101572- Carhartt - Part #: 10'1572- Cathatll - Pat1#: 101572- Carhartt- Parl #: '101572- Service Period: 06/15 Trash Disposal Services Trash Disposal Service Western Electricity Coordinating Council 9359371 9359371 9359371 9359371 935937'l 9359371 9359371 9359371 9359371 506255166 55X00045 55X00046 06161 5 8223 '166398 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 055.0002265 5'11465 511465 511465 511465 511465 511465 511465 511465 51'1465 15,836.64 511466 30.24 511467 511467 599.81 5'11468 107.47 511469 90.00 511470 90.00 Elevator Mainienance 36,544.64 Professional Services Page 16 ol21 LIGHT & POWER WARRANT REGISTER NO. 392 JULY 7, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION DATE CHECK INVOICE P.O.# ISSUED NUMBER AMOUNT SOUTHERN CALIFORNIA EDISON 055.8100.560010 47.58 Service Period: 04/30 - 06/01 055.9200.560010 748 6,4 Service Period: 05/01 - 06/01 060215(B) 060215(C) 9412AO 055.OOO2272 941280 055.OOO2272 94'1280 055.OOO2272 941280 055.OOO2272 1280 055.0002272 06118t2015 o6t1812015 36,544.64 511471 511471 796.22 s',t't472 5'11472 511472 511472 511472 377 .40 511473 500.00 51't47 4 124.06 511475 120.60 511476 130.05 51',t477 35.12 DUNGAREES, LLC K TECHNOLOGY USA INC, 055,110011 UPS ELECTROIVIARK COIVIPANY 055.200250 055.9100.540000 50.'15 Carhartt - Part# FRS003- 055.9100.540000 50.15 Carhartt - Part# FRS003- 055.9100.540000 62.90 Carhartt - Part# FRB159- 055.9100.540000 62 90 Carhartt - Part# FRB159- 055.9'100.540000 151 30 Carhartt - Part# FRJ164- 500.00 Refund on closed account no. 1270 061115 TODD DUSENBERRY EFRAIN SANDOVAL 06t2312015 o6123t2015 o6t23t2015 o6n5t2015 0612512015 o6t25t2015 055 8000.590000 124 06 Service Period: 06/15 933312235 120 60 Taxes for previous INV 9327631129 '1800073033 055.9000596700130.05CUEAAnnualConference 062215 Pnnted: 6/30/2015 1:53 58PM 055.9200.596500 35.12 GHG Working Group Meeting 061815 Page 17 ol 21 LIGHT & POWER WARR.ANT REGISTER NO. 392 JULY 7, 2015 EARLY CHECKS ACCOUNT VENDOR OISPLAY NUMBER AMOUNT DESCRIPTION DATE CHECKINVOICE P.O.fr ISSUED NUMBER AMOUNT VIET NGUYEN 055 9100 596550 115.00 State Certification Fee 060215 511478 06t2512015 115.00 TOTAL EARLY CHECKS $ 135,657.78 Printed 6/30/2015 1 53 58PM Page 18 of 21 LIGHT & POWER WARRANT REGISTER NO. 392 JULY 7, 2015 PRINTED CHECKS VENOOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION lNvotcE P.o.# CHECK NUMBER AMOUNT ASBURY ENVIRONMENTAL 055.8400.590000 211.04 Metal Drum 130502318 511479 SERVICES 2',t1.O4 A-THRONE CO., lNC. 055.8100.596200 95.06 Portable Restroom Rental 451318 5'11480 95.06 CH2M HILL ENGINEERS, lNC. 055.9000.596200 5,999.70 Environmental Support Services 381028566 5114A1 055.9000.596200 8,723.70 Environmental Support Services 381030826 5114A'l '14,723.40 CJ MANUFACTORY & TRADING 055.110011 51.69 Refund on closed account no. '1637 06'11'15 51'1482 51.69 CLW FOOOS LLC 055.11001'1 753.36 Refund on closed account no. 5802 061115 511483 753.36 D&D REFRIGERATION, INC 055.8400.596200 525.00 Maintenance & Repairs 36200 525.00 ENLIN FASHION 055.110011 339.02 Refund on closed account no. '1820 061115 339.02 LEWIS BRISBOIS BISGMRD & 055.9000.593200 352.00 Utility Operations 1499435 511486 352.00 METCO EQUIPMENT lNC. 055.110011 11.74 Refund on closed account no. 5850 061115 511487 11.74 511484 511485 Printed 6/30/2015 '1 53 58PM Page 19 of 21 LIGHT & POWER WARRANT REGISTER NO. 392 JULY 7,2015 PRINTED CHECKS VENDOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION tNvotcE P.o.# CHECK NUMBER AMOUNT MSDS ONLINE lNC. 055.9000.596550 1,499.50 Subscription Fees 1231Oo 511488 1,499.50 NORTHSTAR DEMOLITION & 055.110011 163. Refund on closed account no. 5843 061115 511489 163.64 POWER ENGINEERS, lNC. 055.9100.900000 14,587.04 Professional Services 166940 511490 055.9100.900000 13,209.32 Professional Services 166956 511490 27,796.36 PROPORTIONS FOODS LLC 055.110011 753.36 Refund on closed account no.5803 061115 511491 753.36 ROXY DISPLAY 055.110011 249.92 Refund on closed accountno.7ss 061'115 511492 249.92 SOUTH COASTA.Q.M.D. 055.8200.500230 467.88 Hot Spots Program Fee 2838335 511493 467.88 SPIEGEL& MCDIARMID, LLP. 055.9000.593200 702.50 General Matters 2'lo2o8o% 511494 702.50 TONIX BONTANICAL SOLUTION 055 110011 417.66 Refund on closed account no.942 061515 511495 417.66 511496 6,230.00 V.BAR, LLC TOTAL PRINTEO CHECKS $ 55,343.13 Page 20 ol 21Printed 6/30/2015 1 53 58PM 055.9000.900000 6,230.00 Meteorological Data Collection 1505 LIGHT & POWER WARRANT REGISTER NO. 392 JULY 7, 2015 RECAP BY FUND EARLY PRINTED WIRE TOTAL CHECK TOTAL CHECK TOTAL 055-LIGHT&POWER GRAND TOTAL TOTAL CHECKS TO BE PRINTED 18 $ 6,294,945 52 $ 135,657.78 $ 55,343.13 $ 6,485,946.43 $ 6,294,945.52 $ 135,657.78 $ ss,343.13 $ 6,485,946.43 Printed: 6/30/201 5 1 53 58PM Page 21 ol 21 RECtrN\/ED JUL 0 I 2015 CITY CLERK'S OFFICE DATE: TO: FROM: RE: STAFF REPORT FI NAN C E/TREAS U RY D E PARTM E NT June 30, 2015 Honorable Mayor and CitY Council William Fox, Finance Direc ,o, d'f Gas Warrant Register for City Gouncil Agenda of July 7,2015 It is recommended that the attached Gas Warrant Register No. 180 be approved at the City Council meeting of July 7, 2015. Gas Warrant Register No. 180 totals $550,695.22,and covers claims and demands presented during the period of June 9 through June 29,2015, drawn, or to be drawn, from East West Bank. The following list details the components of Gas Warrant Register No. 180: 1 . Ratification of wire transfers totaling $528,611.63; 2. Ratification of the issuance of early checks totaling $11,579.68; and 3. Authorization to issue pending checks totaling $10,503.91. RffiCffigVED JUL 0 t 20t5 I]ITY ADMINISTRATION CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 180 JULY 7, 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: Printed: 6/30/201 5 3:46:57PM Page 2 ol 7 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 180 JULY 7, 2015 wlRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CONOCo PHILLIPS COMPANY 056.5600.500160 28,700.00 Natural Gas CITIGRoUP ENERGY INC 056.5600.500167 21,08000 Natural Gas 056.5600.500168 -3,657.80 NaturalGas NOBLEAMERICAS GAS & POWER 056.5600.500160 101,28750 Natural Gas EDFTRADING NORTH AMERICA. 056.5600.500160 230,838.75 Natural Gas LLC THE GAS COIMPANY 056.5600.550022 91,763.18 NaturalGas SHELL ENERGY NORTH Al\,lERlCA 056.5600.500160 58,600.00 Natural Gas 477 43 43009211 43009211 5'l8G 163425 060815 2645074 0612512015 355 28,700.00 356 356 17 ,422.2006t2512015 357 o6125t2015 101247 .50 358 0612512015 230.838.75 o6126t2015 0612512015 359 91,763.18 360 58,600.00 TOTAL WRES $ 528,6'r.63 Pnnted 6/30/2015 3 46t57PM Page 3 of 7 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 180 JULY 7, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE CHECK ISSUED NUMBER AMOUNT MEASUREMENT CONTROL SYSTEMS SMARDAN SUPPLY CO, 056.120010 056.120010 056.120010 056.120010 056.120010 056.120010 056.120010 056.'120010 056.120010 056.120010 056.120010 056.120010 056.120010 056.1200'10 056.120010 056 1200'10 056.120010 056.120010 056.120010 056 1200'10 056.120010 '181405 181405 s2625570002/001 s2625570002/001 s2625570002/00't s2625570002/00'l s2625570002/001 s26255700021001 s2625570002/00'1 s2625570002/001 s2625570002/001 s2625570002tOO1 s2625570002/00'1 s2625570002/001 s2625570002/001 s2625570002/001 s2625570002/001 s2625570002/001 s2625570002/001 s2625570002/001 s2625570002/001 056.0000319 1287 1287 9,700.95 1288 12BB 't288 1288 1288 1288 1288 1284 1288 't288 1288 '1288 1288 1288 't288 1288 1288 1288 12aA 8,899.95 Dresser Roots 38M-175- 801.00 Sales Tax 16.94 114 x3-112 Black Nipple- 14.78 114 x4 Black Nipple- 6.42 114 x 4-112 Black Nipple- 5.94 112 x6" Black Nipple- 5.93 3/4 x 3" Black Nipple- 7 .93 1-'l14 x3" Black Nipple- a.86 1-114 x3-112'' Black Nipple- 14.82 1-112 xClose Black Nipple- 12.53 2x3" Black Nipple- 73 71 (63ft)- 22.99 314" Black 90 Elbow Dom- 21.35 314" Black Cap Dom- 53.06 2" Black Cap Dom- 166.66 2 x 1-112 x 2" Black Tee Dom- 32.66 1-114" Black Coupling Dom- 44.12 1-112" Black Coupling Oom- 76 26 2" Black Coupling Dom- 1M.9o 2 x 1-112" Black 90 Elbow Dom- 59.10 1/4' Black gostreet Ell Dom- 06/09/201 5 056.0000331 056.0000331 056.0000331 056.0000331 056.0000331 056.0000331 056.0000331 056.0000331 056.0000331 056.0000331 056.0000331 056.0000331 056.0000331 056.0000331 056.0000331 056.0000331 056.0000331 056.0000331 056.0000331 P ntedr6/30/2015 3 46 57PM Page 4 of7 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 180 JULY 7, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.#ISSUED NUMBER AMOUNT SMARDAN SUPPLY CO,s2625570002/001 s2625570002/001 s2625570002/001 s2625570002y001 s2625570002/001 s2625570002/001 s2625570002/001 s2625570002/001 s2625570002/001 s2625570002/001 s2625570002/001 s2625570002/001 s2625570002/001 056.0000331 056.000033'l 056.0000331 056.0000331 056.0000331 056.0000331 056.0000331 056 0000331 056.0000331 056.0000331 056.0000331 056.0000331 't288 1288 1288 '1288 12Aa 1288 't288 '1288 1288 1288 1288 1288 1288 1,878.73 $ 'r1,579.68 056.120010 056.120010 056.120010 056.120010 056.120010 056.120010 056 120010 056 120010 056.1200'10 056.120010 056.120010 056.120010 056.120010 7 .88 1-114" Black 90 Street Ell Dom- 34.28 2" Black 90 Street Ell Dom- 57.72 2x 1-1l2" Black Reducer Dom- 34.35 3 x 2" Black Reducer Dom- 32.27 2 x 314" Black Bushing Dom- 2OO.32 1-114x1" STD Swage Nipple TBE- 280.86 2 x 1-112" STD Conc Swage Nip TBE- 219.32 2" 105# Threaded Steel Flange- 57.48 2" 150# C/S A105 RF SO Flange- 9.83 5/8 x 1-1l2" Hex TaP Bolt PLTD- 33.32 2 150# Ring Flange Gasket 1/16- 7.6,4 Freight 154.50 Sales Tax 06/09/2015 TOTAL EARLY CHECKS Printed: 6/30/2015 3:46 57PM Page 5 of 7 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 180 JULY 7, 2015 PRINTED CHECKS ACCOUNT VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION CHECK NUMBER AMOUNTTNVO|CE P.O.# INTERSTATE GAS SERVICES,INC. 056.5800.596200 10.104.91 Naturalcas Consulting 702123a 1289 't 0,10,t.91 UNDERGRoUND SERVICEALERT 056.5600.596600 '183.00 New Ticket charg€s 420150774 1290 056.56m.590m0 216.00 N€w'l'icket Charge6 520'150768 1290 399.00 TOTAL PRINTED CHECKS $ 10,503.91 Printed: 6/30/20'1 5 3:46:57PM Page 6 of 7 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 180 JULY 7, 2015 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL 056 - NATURAL GAS GRAND TOTAL TOTAL CHECKS TO BE PRINTED 2 $ 528,611.63 $ 11,579.68 $ 10,503.91 $ 550,695.22 $ s28,611 .63 $ 11 ,579.68 $ 1 0,503.91 $ S50,695.22 Printed: 6/30/201 5 3:46:57PM PageT of 7 RECEIVED JUL 0 t 201s CITY CLERl('S OFFICE DATE: TO: FROM: RE: I , IISTRATIO I\ Federal Funds Street lmprovements Warrant Register for City Council Agenda of July 7, 2015 It is recommended that the attached Federal Funds Street lmprovements Warrant Register No. 20 be approved at the City Council meeting of July 7,2015. Federal Funds Street lmprovements Warrant Register No. 20 totals $44,384.51, and covers claims and demands presented during the period of June 9 through June 29,2015, drawn, or to be drawn, from East West Bank. The following list details the components of Federal Funds Street lmprovements Warrant Register No. 20: 1. Ratification of wire transfers totaling $44,384.51; RECEIVED Jt,L 0 I 20t5STAFF REPORT FI NANCE/TREASU RY DE PARTM ENT June 30, 2015 Honorable Mayor and City Council William Fox, Finance Direc tord* FEDERAL FUNDS FOR STREET IMPROVEMENTS WARRANT REGISTER NO.20 JULY 7, 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: Page 2 oi 4Printed: 6/30/201 5 3:52:35PM FEDERAL FUNDS FOR STREET IMPROVEMENTS WARRANT REGISTER NO.20 JULY 7, 2015 ACCOUNT VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION DATE W]REINVOICE P.O.# ISSUED NUMBER AMOUNT CNS ENGINEERS, INC 011.2043.900000 10,388.81 Consulting Services- 011.2043.900000 10,381.36 ConsultingServices- 011.2043.900000 23,614.34 ConsultingServices- 801726 011.0004903 801727 011.0004903 801728 011.0004903 22 22 22 0611512015 44,384.51 TOTAL WTRES $ 44,384.51 Printed: 6/30/201 5 3:52:35PM Page 3 of 4 WIRES FEDERAL FUNDS FOR STREET IMPROVEMENTS WARRANT REGISTER NO.20 JULY 7, 2015 RECAP BY FUND EARLY PRINTED WIRE TOTAL CHECK TOTAL CHECK TOTAL $ 44,384.51 $0.00 $ $ +4,384.s1 $o.oo $ 0.00 $ 44,384.51 0.00 $ +1,384.51 011 - GENERAL GRAND TOTAL TOTAL CHECKS TO BE PRINTED O Printed: 6/30/201 5 3:52:35PM Page 4 of 4 RECEEVED JUN 2 3 20t5 CITY ADMINISTRATIONREGEfi\f,ED JUN 2 I 2015 CITY CLERi('S OFFICE Jvne23,2015 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 June 1,2015 through June l5 2015. Respectfully Submitted, FIRE DEPARTMENT Michael A. Wilson, Fire Chief 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1.407 Michael A. Wilson Fire Chief MAW:ar : Fireletnow tr4:tushtefi Intustriat VERNON FIRE DEPARTMENT COMPAI\-Y ACTTYITIES June 1,2015 to June 15,2015 ACTIVITY TYPE FIRE PREVENTION: Regular Inspections (#): Re-Inspections (#): Spec. Haz. Inspections (#): Total Inspections: Total Man Hours: TRAINING (HOURS): Firefighting Hazardous Materials Safety Apparatus Operations Equipment Operations CPR First Aid Total Hours: PRE-rNCrpENT (HOURS): Planning District Familiarization Total Hours: PERIODIC TEST GOURS): Hose Testing Pump Testing This Period Last Year 35 4l 7 Last Year To Date 716 101 23 840 1018 913 336 1236 1246 t239 48 318 s336 816 869 1685 This Period r07 l8 150 t37 t37 4 t6 s69 This Year To Date 771 t57 20 948 t340 4l 23 I 83 89 65 86 78 31 r22 119 118 0 42 78 85 163 510 tt63 346 1540 t407 t474 23 238 619r 84 85 r69 0 0 1051 954 2005 0 0 26 l0 36 8 J 11Total Hours: Page 1 PUBLIC SERVICE PROGRAMS (HOURS) School Programs Fire Brigades Emergency Preparedness Total Hours: ROUTINE MAINTENANCE (HOURS) : Station Apparatus Equipment Total Hours: Grand Total Hours: :Fireactivity 1140 11902 1292 13992 4 0 8 t2 120 r22 t24 t2 2 125 t39 29 13 153 195 0 0 8 8 t2l7 t24t t255 3713 t23 148 189 460 1358 r404 r463 Page2 VenNoN FIne DEPARTMENT Type of lncident Report Total lncidents: 2015 =60 June {r 2O15 - June 15,2Ol5 ou2tnol5 INCIDE}IT TYPE E ASSAULT VlCTlrrl.D"' E Auto vs Ped E BACK PAIN-D"' E CHEST PAIN.tr' E OIMCULTY BREATTIING.D'' E HEART ATTACI(.D-' E HE,IIORRHAGE/CUT.D.. E SICK PERSON.D'' E STROIG IISS THAN 2 tnS.C-' E TC OVERruRNED.D'" E TRAFFTC COU|S|O{-D-. E TNAUTAATIC INJURIES.O-' E UNXNOWN PROELE'AO'' F Fire Atarm No Re.ct F Flre Alam With Reset F Gras Flre F Hamat . Smattt F lllegal Dumplng F lnvestlgrtlon F Odor lnvBtigstion F Structure Flre F Vehlcle Flre F Vehlcle Overturned F Water Roy Alarm No Reset F Water Flow Alarm W$ Reset 3 I 2 4 1 1 1 1 1 1 13 5 5 6 2 1 I 1 2 I 1 1 1 3 I lncident Type 150 Outside rubbish fire, other 400 Hazardous condition, other 741 Sprinkler activation, no fire - unintentional 31 1 Medical assist, assist EMS crew 321 EMS call, excluding vehicle accident with inju 322 Motor vehicle accident with injuries 744 Detector activation, no fire - unintentional 324 Motor vehicle accident with no injuries 322 Motor vehicle accident with injuries 321 EMS call, excluding vehicle accident with inju 745 Alarm system activation,no fire, unintentional 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inju 324 Motor vehicle accident with no injuries 321 EMS call, excluding vehicle accident with inju 31 1 Medical assist, assist EMS crew 130 Mobile property (vehicle) fire, other 31 1 Medical assist, assist EMS crew 700 False alarm or false call, other 324 Motor vehicle accident with no injuries 61 'l Dispatched & canceled en route 322 Motor vehicle accident with injuries 700 False alarm or false call, other 321 EMS call, excluding vehicle accident with inju 322 Motor vehicle accident with injuries 321 EMS call, excluding vehicle accident with inju 1 18 Trash or rubbish fire, contained 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inlu 321 EMS call, excluding vehicle accident with inju 700 False alarm or false call, other 611 Dispatched & canceled en route 321 EMS call, excluding vehicle accident with inju 700 False alarm or false call, other 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inju 740 Unintentional transmission of alarm, other 622 No incident found on arrival at dispatch addr 321 EMS call, excluding vehicle accident with inju 322 Motor vehicle accident with injuries 421 Chemical hazard (no spill or leak) 700 False alarm or false call, other 700 False alarm or false call, other lncident Date 06t01t2015 22 17 .52 0610212015 00:30:15 0610212015 11..22:30 0610212015 15:28:27 0610212015 18:47:12 06/03/2015 04:04:01 06t03t2015 04 18.57 0610312015 04:46:06 0610312015 09:02:12 0G10312015 14:17:59 0610312015 17:22:20 06t04t2015 10.57.39 0610412015 13.28:48 06/04/2015 15:09:51 0610412015 '18:13:17 0610512015 12:37:43 06/05/201514:01:56 06t05t2015 14 55 22 0610512015 15:01:52 0610512015 21:44:3'l 06/06/2015 00:01 :54 06/06/201516:05:48 0610612015 21:13:49 0610612015 21:21:49 06t0712015 04.19:40 06107t2015 22 46 30 06/08/2015 05:45:00 06108120'15 08:52:20 0610812015 11.'11:48 06t08t2015 11.15.56 0610812015 22.21:34 0610812015 23:26:33 06/09/2015 09:54:53 06/09/2015 '13:54:09 0610912015 14:44:48 0610912015 14:47:19 0611012015 09:30:08 06110t2015 12.04.10 0011012015 17:03:50 06111t2015 00:39:22 06h112015 07 .48:01 0611112015 08:19:00 0611112015 09:24:58 0611212015 08:44:34 PREVENTIONFOLLOW.UP? Sh.ft 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 324 Motor vehicle accident with no iniuries 700 False alarm or false call, other 321 EMS call, excluding vehicle accident with inju 324 Motor vehicle accident with no injuries 311 Medical assist, assist EMS crew 321 EMS call, excluding vehicle accident with inju 324 Motor vehicle accident with no injuries 324 Motor vehicle accident with no injuries 611 Dispatched & canceled en route 731 Sprinkler activation due to malfunction 322 Motor vehicle accident with injuries 611 Dispatched & canceled en route 323 Motor vehicle/pedestrian accident (MV Ped) 321 EMS call, excluding vehicle accident with inju 400 Hazardous condition, other 0611212015 09:51 .32 0611212015 12:14:10 0611212015 12:17:01 0611212015 17 .41:52 0611212015 19:05:27 0611212015 19:27 .42 06h212015 20:00.14 0611312015 14:27 .47 0611412015 10:59:45 0611412015 14:52:28 0611512015 06:5'1 :30 0611512015 09:02:08 0011512015 12.51:31 06115t2015 13.40:16 06t15t2015 14.01.35 0611512015 22:31.33 No No No No No No No No No No No No No No No No VERNON FINE DEPARTMENT Type of lncident Report Total lncidents: 2014 = 570 June {, 2014 - June 15r 2l,14 INCIDENT TYPE 06t7l/zo15 INCIDENT TYPE INCIDENT TYPE E Abdomlnat Paln-A E ABDOIIAINAT PAIN.D-' E ATLERGIC REACTION.D-' E ANilTAI BITE.D'' E ASSAULT VICTUi/SE(UAL.D-' E ASSAULT VlCTlrr^.D"' E Auto vs Ped E Back Paln-A E Cardlac Arest/ Death-E E Ch6t Pain-C E CHEST PAIN.D'- E DIABEIIC.D-' E DIFF BREAT}IING/ASTHIAA.D-' E DIFFICULTY BREATHING-D'' E FAtr VtCThr-D" E FALL/STITI ON GROUND.D-' E GUN SHOT WOUND.D-' E HAZTAAT/BIOLOGICAL.D-' E HAZIVIAT/CHEI|TICAL.D-' E HEADACHE-C-' E HEART ATTACK.D"' E HEAT EOOSURE.D-' E Hemorrhage/Cut-B E HEiIORRHAGE/CT'T.D'- E I}GESTION.D"' E IAATERNITY.D'' E Psydr/Behave/Sul Att-A E PSYCH/BEHAVE/SUI ATT.O'- E Seizure/Eplleptlc/History-A E Selarre-A E SEIZURE-D'- E Sick Person-A E SICK PERSON.D-' E STROKE{-' E TC BIKE/'IIOTORCYCLE.O"' E TC UECTION.D"' E TC OVERTURNEO.D' E TC wlth Trapped People E TMFFTC COL|-|S|ON-D-. E Traunatlc ln url6.B E TRAT'IiATrc INJURIES-D"' E u.rc PER/FATNTTNG (NEAR)-O'- E I,NKNOWN PROEI.EAA.D'" F Apartment Flre F Auto vs SUucture F Auto vs Trdin F Blown Transformer F Commerciat Flre F Etectrical Short F Exploslon F Flre Atarm No Rcset F Fire Alarm Wlth R6et F Fire Reported Out F Gas Spllt F Grass Flre F Haz l'lat - Futt F lnvestigatlm F Natural Gas Leak - lnside F lGtural Gas leak - Outslde F Odor lnvcatigatidt F R6ldentlal Flre F Rubblsh Flre F Sheared Hydrant F Smol(€ F Strike Tean F Structure Fire F Vehkte Fire F Vehkle Leaklng C€s F Vehkte Overtuned F Water Rov Alam l,b R6et F Water Roi{ Alarm With Reset F Wres Down S ladder Assht S AIONIEBETIO REQUET S ,iloveup S P€ople Stuck ln Etevator 5 Publlc Asslst S Water Probtem U USAR.A U USAR'BELOW GROUND-D'' 9 1 34 1 t0 1 11 1 1 1 6 3 1 1 1 16 5 4 7 17 z 'I 7 2 2 E4 1 14 15 26 1 4 1 2 16 2 I 56 8 1 1 2 2 20 I 2 5 2 4 2 1 3 6 7 1 2 48 35 2 1 I 14 1 3 6 1 1 1 1 3 6 1 1 2 1 2 1 1 I I VenNoN Flne Drpl,nruENT Type of lncident Report Total lncidents: 2015 =622 January 1,2015 - June 15, 2Ol5 INCIDENT TYPEINCIDENT WPE o6t2y7015 INCIDENTTYPE Area E llazmat E ABDO'$INAL PAIN.D-' E ASSAULT VlCTllil/5EXUAL.D'" E ASSAULT VICTIil.Y" E Auto vs Ped E Badt Pain-A E BACK PAIN.D"' E CHEST PAIN.D-' E DIAEETIC.D-' E DIFF EREATHING/AA'AA.D-' E DIFFICULTY EREATHING.D'" E FA|J-VtCril-O-. E FAl.l/JUiiFER-D-' E GUN STIOT WOT'ND-D"' E HAZJ$ATICHE'$ICAL.D-' E HAZfiAT/UNXNOWN.D'' E HEART ATTACK.D" E HEINORRHAGE/CUT.D-' E INGESTION.D"' E PSYC}I/BE}IAVE/SUI ATT.D'' E SEIZURE/EPILEPTIC/ HIST.D'' E SEIZURE.D'' E Slck Person-A E Skk Person.C E S|CK PERSOT{-D.- E STROTG I"ESS THAN 2 itRS-C-. E STROXE-C-. E TC 8I1G/rII0TORCYCLE-D'- E TC OVERTURNED.D'' E TC wlth frapped Peopte E TMFFIC COLLI5IO{.D'- E IMUAIATIC INJURIES.D'- E UNC PER/FAINTTNG (NEAn)-D-' E UNXNOWN PK)BLB,i-D-' F Apartment Flre F Archlng wlres F Arto vs Stnr$re F Commcrclal Flre F Dumpster Flre F Etectrlcal Short F Fire Alarm No Resct F Fire Alam With Reset F Gr65 Fi.e F Haz i at - Fult F Hazmat . Snalu F ltlegal Dumping F lnvestlgation F Natural Gas l€ak - lnslde F Naturat Gas teak . Ortside F Odor ln'v€3tlgatlon F Peopte Stuck h Elflator F R6identirl Fire F Rubbkh Flre F Sheared tt drant F Smoke F StructlIe Flre F Vehlcte Flre F Vehlcte Lcaking Gas F Vehlcle Overtumed F Water Fl@v Alam 1{o ResA F Water Flow Alam with Re6et F wlres Down S Ladder Asslst S litoveup S Open Hydrant S PuHlc Assist 5 Standby S Water Problem U Rlver Rescue 1 3 1 12 5 1 6 20 I 3 t6 13 1 1 1 1 2 5 1 6 3 6 1 1 30 2 1 6 2 2 30 1 I 15 2 4 1 lo I 110 26 19 33 4 I 2 8 t 1 50 14 3 1 2 1 18 l z 1 1 3 3 1 2 7 7 1 7 76 VEnNoN FIne DEpa.RTMENT Type of lncident Report Total lncidents: ZO14 January 11 2014 - June 15, 2Ol4 =51 o6t2yzo15 INCIDENT TYPE E AEBOIIIII{AL PAIN.O'- E ASSAIJLT VICTI'IIhIT- E CHEST PAN.D-' E DhEmC.D-. E DIFFICUTTY BREATHING.D-. E FAI VICTI'A.D'- E FAI.I/STIII- ON GROUND.D'' E GUN SHOT WOUNO.O'- E HA;ZAiAT/B1OIOGICAL.D'" E HEADAC}E-C-' E SrCl( PERSON.D." E TC BIKE/TTIOTORCYCIE-0". E TRAfFTC COTUSON.o.- E TMUilANC INJURIES.IT- E UNC PER/FAINTING (NEAR).D'- E Ul{flOWN PROBI"E,l.0'- F Flre Alarm No R€srt F Flre Reported Out F Grass Flre F hwstigadon F Odor lnvertigatlon F Shcared Hydrant F Water Rotv Ala.m No Rcset F Water Ftow Alarm mth Re3et S ,i{oveup S tubtc Asslst 1 1 3 1 1 2 1 1 1 1 6 I 10 1 2 1 3 1 I 1 1 1 3 3 2 1 RE arEn\fltrr) JUL O 1 ZO15 CITY CLERKS OIFICE STAFF REPORT CITY A FIRE DEPARTMENT DATE:July 7,2015 Honorable Mayor and City Council ATION/ilNts Michael A. Wilson, Fire Chief 4Ar"Originator: Adriana Ramos, Administrative Secretary RE Approval of a Memorandum of Understanding between the City of Vernon Fire Department and City of Burbank Fire Department Recommendation A. Find that approval of the Memorandum of Understanding proposed 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. Authorize the Fire Chief to execute the existing Memorandum of Understanding ("MOU") between the City of Vernon Fire Department and the City of Burbank Fire Department, in substantially the same form as submitted herewith, for the transfer of grant-funded Ballistic Helmets. Backsround On November 25, 2014, the City of Burbank Fire Department, was awarded $505,831.00 through the 2014 Urban Areas Security Initiative Grant Program (*2014 UASI") for the purchase of Ballistic Helmets. Accordingly, The City of Burbank Fire Department is to provide Ballistic Helmets to first responders throughout the Los Angeles/Long Beach Urban Area ("LNLBUA") in an effort to enhance first responder safety. The purpose of the MOU is to provide for the transfer of thirty (30) Ballistic Helmets, funded through 2014 UASI, from the City of Burbank Fire Department to the City of Vernon Fire Department, which is a first responder within the LAILBUA. The City of Burbank shall fund the purchase of the Ballistic Helmets in accordance with the stipulations set forth within the 2014 UASI Subrecipient Agreement. Page I of2 REEEflVED Fiscal Imnact There will be no cost to the City. The use of the grant-funded Ballistic Helmets represents a savings of approximately $9,000.00 to the City of Vernon if the City were to purchase the same type of helmets. Attachment(s) l. MOU for the Transfer of Ballistic Helmets between the City of Burbank Fire Department and City of Vernon. 2. 2014 UASI Subrecipient AgreementC-125459 Page2 of2 MEMORANDUM OF UNDERSTANDING FOR THE TRANSFER OF BALLISTIC HELMETS BETWEEN THE CITY OF BURBANK FIRE DEPARTMENT AND CITY OF VERNON FIRE DEPARTMENT This Memorandum of Understanding (MOU) is made and entered into this 16 day of June, 2015, by and between the City of Burbank (hereafter "Burbank") and the City of Vernon (hereafter "City"). RECITALS WHEREAS, the U.S. Department of Homeland Security, through the Grant Programs Directorate within the Federal Emergency Management Agency, has provided financial assistance to the Los Angeles/Long Beach Urban Area ("WLBUA") through the Fiscal Year 2014 Urban Areas Security lnitiative Grant Program ("UASl 14"), Catalog of Federal Domestic Assistance 97.067; and WHEREAS, such funding will support the development, sustainment and delivery of core capabilities essential to achieving National Preparedness Goal by addressing the unique equipment, training, planning, organization, and exercise needs of the LA/LBUA, and assisting it in building an enhanced and sustainable capacity to prevent, protect against, mitigate, respond to, and recover from acts of terrorism; and WHEREAS, from these funds, Burbank was granted personal protective equipment funding to provide Ballistic Helmets to first responders throughout the LA/LBUA to enhance first responder safety; and WHEREAS, the purpose of the MOU is to provide for the transfer of Ballistic Helmets (as itemized in Exhibit ''A"), funded through UASI 14, from Burbank to the City, which is a first responder within the LA/LBUA. NOW, THEREFORE, the parties do hereby agree as follows: TERMS AND CONDITIONS 1. Burbank shall fund the purchase of the Ballistic Helmets in accordance with the stipulations within UASI 14 Subrecipient Agreement C-125459 (attached hereto and incorporated herein as Exhibit "B"), and City of Burbank purchasing policies and procedures to the extent that such funding is made available to Burbank by the U.S. Department of Homeland Security, through the Grant Programs Directorate within the Federal Emergency Management Agency. 2. Burbank shall notify the City when the Ballistic Helmets are ready for transfer. The City shall arrange for the Ballistic Helmets to be picked up from Burbank J. 4. 6. within ten (10) business days of notification by Burbank. Burbank will use the following City contact information: Michael Wilson, Fire Chief Vernon Fire Department MWilson@ci.vernon.ca.us Upon the acceptance of the Ballistic Helmets by the City, Burbank shall transfer property possession to the City of the number of Ballistic Helmets as itemized in Exhibit A at which time said equipment shall become the sole property of the CITY. Burbank does not guarantee nor warranty the Ballistic Helmets. The Ballistic Helmets accepted by the City are transferred by Burbank on an "as is" basis with no guarantee or warranty from Burbank. Burbank will, however, make reasonable efforts to transfer to City all warranties and/or guarantees provided by the Ballistic Helmets manufacturer. The City shall ensure that: (1) the Ballistic Helmets shall be deployed with City personnel trained in the use of such equipment, and (2) the Ballistic Helmets and its proper records shall be maintained in a manner consistent with UASI 2014 requirements, as stipulated in Exhibit B. City shall indemnify, defend and hold harmless the City of Burbank, elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, and costs and expenses (including attorney and expert witness fees), arising from or connected with Burbank's actions and/or omissions arising from or relating to this MOU and/or arising from or relating to the use of the Ballistic Helmets transferred to the City as itemized in Exhibit A. ''CITY..,'BURBANK" Name (please print)Name (please print) ATTEST: Approved as to Form Office of the City Clerk Office of the City Attorney Name (please print)Name (please print) EXHIBIT A COMMODITY DESCRI PTION:QUANTITY: Ballistic Helmets 30 ACCEPTED BY: DEPARTMENT: TITLE: DATE: PLEASE DO NOT SIGN A AT DATE EXHIBIT B UASI 14 Subrecipient Agreement C-125459 SUBRECIPIENT AGREEMENT Jurisdiction: City of Burbank FY 2011 Urban Area Security lnitiative (UASI) Grant Program City Contract Number L_tu45q Section Number Paoe Number 510'1. Partiestoth6Agreement................,..... ..............3 5102. Representatives of the Parties and Service of Notioes.............................-...........3 5103. lndependent Party .....................4 $104. Conditions Precedent to Execution of This Agreement .......,................................4 II. TERM AND SERVICES TO BE PROVIOED 5 $201 . Time of Performance ................. 5 $202. UseofcrantFunds.............. ...,.........................5 III, PAYMENT 13 $301. Payment of Grant Funds and Method of Payment....... .............. 13 IV. STANDARD PROVIS]ONS 15 $401. Construction of Provisions and Titles Herein .............. ............... 15 $402. Applicable Law, lnterpretation and Enforcement .... ................... 15 Y03. lntegrated Agreement.... .......... 15 $404. Excusable De1ays.......... .......... 15 $405, Breach... ........ 16 $406.ProhibitionAgainstAssignmentorDelegation................... ........16 $407. Permits.. ......... 16 $408. Nondiscrimination and Afftrmative Action .................... .............. 16 9409. Bonds.... ......... 16 $410. lndemnification .............. ..........17 S41 I . Conflict of lnterest........... .........17 5412. Restriction on Disc1osures.....................,. ......... 19 54l3- Minority, Women, and Other Business Enterprise Outreach Program................ 19 S414. Publications and Use of Grantor Markings ......,........... .............. 19 $415. Compliance with State and Federal Slatutes and Regu|ations........................... 20 $416. lnventions, Patents and Copyrights. .................34 V. DEFAULTS,AMENDMENTS,ANDAGREEMENT 36 S501. Defaults ..........36 5502. Amendmenls ................. ..........36 $503. Complete Agreement....... ..........,.,.......,....,...... 36 Signature Page................ ......-....-............... 37 TABLE OF CONTENTS Section Title I, INTRODUCTION 3 EXHIBITS Exhibit A lnsurance (Not applicable to this Agreement) Exhibit B Cerffication Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion Lower Tier Covered Transactions Exhibit C Certification Regarding Lobbying Exhibit D Certification Regarding Drug Free Requirements Exhibit E Grant Assuran@s Exhibit F Grant Guidance Materials Exhibit G Workbook Ledgers Exhibit H Modification Request Form Exhibit I Sole Source Request Form Exhibit J Reimbursement Request Form Exhibit K CaIOES Approved Forms Exhibit L Technology Standards UASI 14 Subrecipient Agreement iii AGREEMENT NUMBER C.I25tI51oF CITY coNTRAcTS BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF BURBANK THIS SUBRECIPIENT AGREEMENT ("Agreement' or'Contract") is made and entered into by and between the City of Los Angeles, a municipal corporation (the 'Citf), and the City of Burbank, a municipal corporation (the "subgrantee" or ' "Subrecipient'). WITNESS ETH WHEREAS, the U.S. Department of Homeland Security ('DHS), through the Grant Programs Directorate within the Federal Emergency Management Agency (FEMA'and along with DHS, collectively "Grantorr'), has provided financial assistance to the Los Angeles/Long Beach Urban Area ('WLBUA) through the Fiscal Year (FY) 2014 Urban Areas Security lnitiative Grant Program CUASI 14' or the 'Grant'), Catalog of Federal Domestic Assistance ("CFDA") 97.067 in the amount of Fifty Six Million Twenty Five Thousand Dollars, $56,025,000 ("Grant Funds"), such Grant Funds having been awarded by Grantor to the City, as a Core City, for use in the I-A/LBUA and such Grant having been accepled by the City Council on November 25,2014 (C.F. #14- 0820); and WHEREAS, the WLBUA consists of the City of Los Angeles, the City of Long Beach, the unincorporated area of the County of Los Angeles, and participating jurisdictions, including the Subreclplent; and WHEREAS, the Grant is administered for the [.A/LBUA by the City of Los Angeles and is overseen by the Califomia Governor's Office of Emergenoy Services ("CalOES"); and WHEREAS. the Grant is being provided to support the development, sustainment and delivery of core capabilities essential to achieving National Preparedness Goal by addressing the unique equipment, training, planning, organization, and exercise needs of the WLBUA, and assisting it in building an enhanced and sustainable capacity to prevent, protect against, mitigate, respond to, and reoover from acts of terrorism; and WHEREAS, the City has designated the Office of the Mayor, Office of Homeland Security and Public Safety ("Mayor's Office") to provide for the proper monitoring of the funding and administration of the Grant; and WHEREAS, the Mayor's Office wishes to disburse UAS| 14 Grant Funds allocated to the Subrecipient as a participating jurisdiction in the LA./LBUA in accordance with this Agreement; and UASI 14 Subrecipient Agreement WHEREAS, the Gity and Subrecipient are desirous of executing this Agreement as authorized by the Los Angeles City Council and the Mayor (C.F.# 14-0820, dated November 25,2014). NOW, THEREFORE, in consideration of the mufual covenants set forth herein and the mutual benefits to be derived therefrom, the City and the Subrecipient (each a 'Part/ and collectively, the "Parties') agree as follows: IREMAINDER OF PAGE ]NTENTIONALLY LEFT BLANKI 2UASI 14 Subrecipient Agreement I. INTRODUCTION $101. Parties to the Aqreement The Parties to this Agreement are: A. The City of Los Angeles, a municipal corporation, having its principal office at 200 N. Spring Street, Los Angetes, Catifornia 90012; and B. The City of Burbank, a municipal corporation, having its principal office at 200 N. Third Street, Burbank, Califomia 91S02. $102. Reoresentatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to adminNer this Agreement and to whom formal notices, demands and communications shall be given are as follows: 1. The representative of the City of Los Angeles shall be, unless otheMise stated in this Agreement: Eileen Decker, Depug Mayor Office of the Mayor, Homeland Securig and Public Safety 200 N. Spring Street, Room 303 Los Angeles, Califomia 90012 Phone: (213) 978-0687 Fax (213) 978-0718 Eileen. Decker@lacity.org 2. The representative of the City of Burbank shall be: John Dilibert, Lieutenant Burbank Police Department 200 N. Third Skeet Burbank, California 91502 Phone: (818) 238-3221. Email: jdilibert@ci.burbank.ca.us With a copy to: Sana Arakelian Ford, Administrative Officer Burbank Fire Department 311 E. Orange Grove Avenue Burbank, California gl 502 Phone: (818) 238-3488 Email: sarakelian@ci.burbank.ca. us B. Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. C. lf the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice 3UASI 14 Subrecipient Agreement shall be given, in accordance with this section, within five (5) business days of said change. $103. lndeoendent Partv Subrecipient is acting hereunder as an independent pary, and not as an agent or employee of the City. No employee of Subrecipient is, or shall be, an employee of the City by virtue of this Agreement, and Subrecipient shall so inform each employee organization and each employee who is hired or retalned under this Agreement. Subrecipient shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the City by virtue of this Agreement. $104. Conditions Precedent to Execution of This Aoreement Subrecipient shall provide copies of the following documents to the City, unless othenvise exempted. A. flntentionallyOmittedl B. Certifications Regarding lneligibility, Suspension and Debannent as required by Executive Orders 12549 and '12689 in accordance with S415.A.12 of this Agreement and attached hereto as Exhibit B and made a part hereof. Subrecipient hereby certifies that said Certification so executed is true and conect as of the date of execution of this Agreement. C. Certifications and Disclosures Regarding Lobbying in accordance with S415.A.4 of this Agreement and attached hereto as Exhibit C and made a part hereof. Subrecipient shall also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disctosure Form previously filed by Subrecipiert. Subrecipient hereby certifies that said Certification so executed is true and correct as of the date of execution of this Agreement. D. Certification Regarding Drug Free Workplace Requirements in accordance with $ 415.A.13 of this Agreement and attached hereto as Exhibit D and made a part hereof. Subrecipient hereby certifies that said Ceffication so executed is true and conect as of the date of execution of this Agreement. IREMAINDER OF PAGE INTENTIONALLY LEFT BLANKJ 4UASI 14 Subrecipient Agreement 11. TERM AND SERVICES TO BE PROVIDED $201. Time of Performance The term of this Agreement shall be from September 1 , 2O14 and end May 31 , 2016 (the "Term"); provided, however, that any and all expenditures made by Subrecipient shall be reimbursed by Subrecipient's allocation of Grant Funds pursuant to this Agreement only if such expenditures were made no later than 60 days prior to the end of the Term of this Agreement (the "Expenditure Deadline"). Any and all expenditures made by Subrecipient after the Expenditure Deadline shall not be reimbursed under this Agreement unless, prior to such expenditure, the Mayor's Office, in its sole discretion, has approved in writing the making of such expenditure after the Expendlture Deadline. Subrecipient shall cooperate with any necessary close out activities in connection with its use of the Grant Funds. $202. Use ofGrant Funds A. Subrecipient's allocations and use of funds under this Grant shall comply and be in accordance with, and subject to, the guidance, regulations and requirements set forth in the following: (1) Depa(ment of Homeland Security FY 2014 Homeland Security Grant Program Funding Opportunity Announcement ('DHS 14 Guidance"), (2) Grantor lnformation Bulletins, (3) CaIOES 2014 Recipient Handbook ("CalOES 14 Handbook"), (4) CaIOES FY 14 Homeland Security Grant Program California Supplement to the Federal Funding Opportunity Announcement and Application Kit ("CalOES 14 Supplement'), (5) CaIOES Grant Management Memos ("GMM], (6) the current editions of the Office of Justice Programs ('OJP") Financial and Administrative Guide for Grants and the DHS Financial Management Guide, (7) Grantor's Grants Management Common Rule as codmed in Title 44 Code of Federal Regulations (CFR) Part 13, (8) CaIOES FY 14 Grant Assurances, attached hereto as Exhibit E and made a part hereof, (9) DHS Standard Administrative Terms and Conditions set forth in Section 6.1.1 of the DHS Chief Financial Officer financial management policy manual available at http://www.dhs.gov/xlibrary/assets/c'fo-financial- management-policy-manual.pdf ("DHS Terms and Conditions') and (10) this Agreement. Subrecipient shall use the Grant Funds allocated to it to support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments and projects identified in the lnvestment Justifications, which were submitted as part of the Califomia FY 2014 Homeland Security Grant Program application. Further, use of the Grant Funds is limited to those investments and projects included in the Califomia FY14 lnvestment Justifications submitted to DHS/FEMA/CaIOES and evaluated through the peer review process. Grant funds not spend on those projects must be returned and will be redistributed at the discretion of the Grant Administrator. Subrecipient shall comply with any cost sharing commitments included in such FY14 lnvestment Justifications, where applicable. Subreoipient agrees that Grant Funds will be used to supplement existing funds for UASI 14 Subrecipient Agreement program activities, and will not supplant (replace) funds that have been budgeted for the same purpose through non-federal sources, and, upon request by the City, CaIOES and/or Grantor, Subrecipient shall be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Grant Funds. Subrecipient shall use its allocation of Grant Funds in a manner consistent with the components of the National Preparedness System and Goal as set forth by the Grantor. B. Subrecipient hereby certifies that it has the legal authority to apply for the financial assistance given through the Grant and has the institutional, managerial and financial capability to ensure proper planning, management and completion of its projects being funded by the Grant Funds. Subrecipient shall assure that Grant Funds allocated to it are used for allowable, fair and reasonable costs only and will not be transferred between programs (State Homeland Security Program, Urban Area Security lnitiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal years. Subrecipient agrees that it will comply with the provisions and prohibitions regarding duplication of Federal assistance as set forth in 2 CFR Parts 220, 225,225 Appendix A, paragraph (CXS)(c), 230 and 48 CFR Parl31.2, whereby any cost allocable to a particular federal award or cost objective under the principles provided for in the Grant orthis Agreement may not be charged to other federal awards to overcome fund deficiencies. Subrecipient shall also comply with the applicable provisions of the lmproper Payments Information Act (lPlA) of 2002 (P.L. 107-300) as amended by the lmproper Payments Elimination and lnformation Act of 2010. Subrecipient shall timely notify City and CaIOES of any developments that have a significant impact on Grant Fund supported activities of Subrecipient, including changes to key program staff. Subrecipient shall cooperate with any special reporting, assessments, national evaluation effo(s, or information or data collection requests, including, but not limited to, the provision of any information required for the ass€ssment or evaluation of any activities contemplated by this Agreernent. Subrecipient shall not be delinquent in the repaymont of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. Additional information and guidance may be found in OMB Circular A-129, form SF-424B, item number 17. Subrecipient shall comply with the requirement of 31 U.S.C. Section 3729, which sets forth that no subgrantee, recipient or subrecipient of federal funds or payments shall submit a false claim for payment, reimbursement or advance. ln the event of a violation of such requirement, Subrecipient agrees to be subject to the administrative remedies as found in 38 U.S.C. 6UASI 14 Subrecipient Agreement Section 3801-3812, addressing fulse claims and statements made. Subrecipient and the City have previously completed a mutually approved BudgeUExpenditure Plan as incorporated in the Financial Management Forms Workbook which was approved by CaIOES prior to the execution of this Agreement (the "Budget'). The Budget contains detailed listings of items and projects for expenditures under the terms of this Agreement and the Grant, and Subrecipient shall use the funds disbursed under this Agreement only for those specific items. 1. Any request by Subrecipient to modify the Budget must be made in writing and accompanied by a completed Modification Request Form, attached hereto as Exhibit H. All modification requests must be approved in writing by the City during the Term of this Agreemerrt to be effective. 2. Budget modification requests must be submitted to the City every 30 days, as needed, pursuant to deadlines set by the City. Submissions made after the deadline will be returned to the Subrecipient and will not be aeiepted until the following submission period. The City will notiff the Subrecipient in writing if modification requests are inaccurate and/or incomplele. lnaccurate and/or incomplete modification requests shall be retumed to the Subrecipient for revision and shall be accepted by the City when modification requests are accurate and complete. Subrecipient shall not expend any funds on modified budget items for which reimbursement by Grant Funds is sought until such modmcation is approved by the City and CaIOES/Grantor. 3. Final modification requests must be submitted to the City no later than 90 days prior to the end of the Term to provide the C'rty time to meet CalOESIGrantor requirements. At that time, any unexpended funds may be re-directed to other needs across the WLBUA. The City will notify Subrecipient, in writing, when unexpended balances may be re-directed. Subrecipient shall complete a UASI '14 Project Timeline ("Project Timeline") provided by the City to manage its allocation of the Grant Funds. Subrecipiont shall provide a completed Project Timeline and any reports requested by the City regarding performance of this Agreement by a date specified by the City. Plans and reports shall be provided in a timely manner. The completion of each milestone and deliverable referenced in the Project Timeline is subject to the prior review and written approval of the City. Subject to prior City approval, Subrecipient shall update the Project Timeline quarterly, if necessary, and provide such updates to the City in order to monitor and evaluate Subrecipient's performance. Failure to meet any milestones or deadlines as set forth in Subrecipient's Project Timeline may result in the City reducing Grant Funds allocated to the Subrecipient, as more fully set forth in g301 of this 7 c. D, UASI 14 Subrecipient Agreement Agreement. llntentionally Omiftedl Any equipment acquired pursuant to this Agreement shall be authorized, subject to, and in compliance with the CaIOES 14 Handbook, CaIOES 14 Supplement, GMMs, UASI Authorized Equipmeni List (https://www.rkb.us), Grantor lnformation Bulletins, DHS Terms and Conditions and DHS 14 Guidance. Subrecipient shall provide the City a copy of its most cunent procurement guidelines and follary its own proeurement reguirements as long as they meet the minimum federal reguirements, which include, but are not limited to, those regulations set forth in OMB Circulars A-87, A-21, A-21, N1O2 A- 110, A-1?2, A-133, Executive Order (E.O.) 12372, the current edition of the DHS Financial Management Guide, and TiUe 44 CFR part 13. Subrecipient shall maintain equipment acquired or obtained with Grant Funds in accordance with the provisions set forth in 44 CFR g13.32. Any and all propefi or equipment purchased in connection with this Agreement shall revert to CaIOES if the Grant Funds allocated to the Subrecipient are deobligated/disallowed and/or not promptly repald as required by applicable Grant regulations. Any equipment acquired or obtained with Grant Funds: 1. Shall be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultiation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the |-A./LBUA, and deployed with personnel trained in the use of such equipment in a manner consistent with the Califomia Law Enforcement Mutual Aid Plan or the Califomia Fire Services and Rescue Mutual Aid Plan; 2. Shall be consistent with needs as identified in the State Homeland Securlty Strategy and will be deployed in conformance with that Strategy. For the purposes of this subsection, 'Equipment" is defined as nonexpendable property that is not consumed or does not lose its identity by being incorporated into another item of equipment, whicfr costs $5,000 or more per uhit, or is expected to have a useful life of one (1) year or more. ltems costing less than $5,000, but falling into the following categories ar€ also considered Equipment (1) electronics communications equipment for stationary or vehicular use, including cellular telephones acquired by lease or purchase, and (Z) electronic office equipment, including facsimilo machines, copierc, electric typewriters, personal computers (monitors and CPU's), terminals and printers. '1. Equipment shall be used by Subrecipient in the program or project for which it was acquired as long as needed,.whether or not the E, F. G. UASI 14 Subrecipient Agreement 4. projeot or program @ntinues to be supported by Federal funds. When no longer needed for the original program or project, the Equipmant may be used in other actlvities cunently or previously supported by a Federal agency. Subrecipient shall make Equipment available for use on other projects or programs cunently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projecb supported by the awarding agency. An equipment ledger, attached hereto as Exhibit G, shall be maintained for each item of Equipment acquired for the program. This record must be updated quartedy and forwarded to the City along with completed reimbursement request forms (Exhibit J), when applicable. Records must be retained pursuant to the current edltion of the DHS Financial Management Guide, and Title 44 CFR Part 13 and all other applicable Grantor regulations. For each piece of equipment, the record shall include: a. The line item number and project number as stated in the Budget b. The equipment description as stated in the Budget c. The Authorized Equipment Listing number (AEL) found at httq/www. rkb. miot. orq d. The AEL title e. The invoice number f. The vendor S. Total cost (prime vendor) h. Total cost (general) i. Cash request # j. Acquired date k. lD Tag # l. The condition and disposition of the equipment, indicating whether it is new or used m. The deployed location, including the address and/or name of the facility where the equipmont is located n. Tho name and contact information to whom the equipment is assigned. o. Environmental and Historical Preservation (EHP) Notes All equipment obtained under this Agreement shall have an UASI 14 Subrecipient Agreement 2. 3. 9 IWLBUA identiftcation decal aflixed to it, and, when practical, shall be affixed where it is readily visible. Subrecipient also agrees that, when practicable, any equipment purchased with Grant Funds shall be prominently marked as follows: "Purchased with funds provided by the U.S. Depadment of Homeland Secuity.' 5. A physical inventory of the Equipment shall be taken and the results reconciled with the Equipment records at leasl once every year. 6. Subrecipient must obtain a performance bond for any equipment item over $250,000; or any vehicle, aviation or uratercraft (regardless of the cost) linancod with UASI grant funds. 7 . Requests for aviation equipment must be made in writing and accompanied by a completed Aviation Equipment Request form, attached hereto as Exhibit K. 8. Requests to establish or enhence Emergency Operation Centers (EOCs) must be made in wriling and accompanied by a completed Establish/Enhance EOC Request form, attached hereto as Exhibit K. 9. Requests to establish or €nhance the LA/LBUA Joint Regional lntellig€nce Center (JRIC) must be made in writing and accompanied by a completed Establish/Enhance JRIC Request fonn, attached hereto as part of Exhibit K. '10. EOC Aviation orWatercraft, and EHP Requestforms mustbe approved by CaIOES in writing during the term of this Agreement. Request forms must be submitted to the City by March 15, 2015. Purchases may not be made nor may the project commence until Reguest forms are submitted to and approved by the City. The City will notify the Subrecipient in writing if Request forms ar€ inaccurate and/or incomplete. Inaccurate and/or incomplete Request forms shall be retumed to the Subrecipient for revision and shall be accepted by the City when Request forms are accurate and complete. 1 1 . lf applicable, Subrecipient must meet the deadline for the any equipment items listed in its Project Timeline, as approved by the City. 12. Notwithstanding anything to the contrary io this Agreement, Equipment must meet all mandalory regulatory and/or Grantor adopted standards to be eligible for purchase using Grant Funds. ln addition, Subrecipient shall be responsible for obtaining and maintaining all necessary certificatione and licenses for the requested Equipmenl. H. Any training, planning, or organizational activities paid or any exercise undertaken pursuant to this Agreement shall be authorized, subject to, UASI 14 Subrecipient Agreement and in complianc€ with the CaIOES 14 Handbook, CaIOES 14 Supplement, GMMs, Grantor Information Bulletins, DHS Terms and Conditions and DHS 14 Guidance. A catalogue of Grantor approved and sponsored training courses is available at http:/furuw.fi rstresoondertrainiQg.gov/odp_webforms. Subrecipient must have a City approved, tangible deliverable for all planning projects. Plans and reports for all organizational activities shall be in the form requested by the City, and shall be provided in a timely manner. Detailed Homeland Security Exercise and Evaluation Program Guidance is available at http://hseeo.dhs.qov. Referen@ materials and additional details are available at htto:/Aruww.oes.ca. Because a hold is in place on Fusion Center activities, Subrecipient is prohibited from obligating, expending, or drawing down Grant Funds in support of any fusion center aciMties. The City will notify the Subrecipient in writing when Grantor has lifted the hold. lf and when the hold is lified, funds utilized to establish or enhance state and local fusion centers must support the development of a statewide fusion process that conesponds with the Global Justice/Homeland Security AdMsory Council (HSAC) Fusion Center Guidelines, follow the Federal and State approved privacy policies, and achieve (at a minimum) a baseline level of capability as defined by the Fusion Capability Planning Tool. As required by CalOES, the City shall provido Subrecipient with an electronic, interactive, Financial Managemenl Forms Workbook, based on the pro forma template, incorporated herein by reference. Subrecipient shall continuously maintain the Project Management Workbook lo aocess, complete and update the following documents: 1 . Reimbursement Checklist 2. Reimbursement Requesl Form 3. Equipment Ledger 4. Training Roster 5. Exercise Roster 6. Planning Roster Any and all requests for Sole Source procurements or contracts must be approved by the City and CaIOES prior to Subrecipient entering into such contract. Such request shall be made on a Sole Source Request Form, as attached hereto as Exhibit I. Any such request may be denied by City and CaIOES in their sole discretion. Any Grant Funds allocated to the Subrecipient which are used for the improvement of real property must be promptly repaid following deobligation/disallowment of such costs. CaIOES shall have the right to place a lien on any such improved real property for any amounts owed in connection with such deobligation/disallowrnent. UASI 14 Subrecipient Agreement 11 M,Subrecipient agrees that any equipment, products, exercbe, training, planning and organizational activities or any other services purchased, or the costs of which are reimbursed by, Grant Funds shall comply with any and all technological and/or interoper:ability specifications and standardi as may be approved by the WLBUA region, and such products, services or activities not sg compliant shall be not eligible for reimbursement by Grant Funds. A list of technological standards cunenfly approved by ihe LA/LBUA region is aftached as Exhibit L. Subrecipient shall further ensure that it retains from its contractors, subcontractors, and vendors all rights related to inventions, copyrightable materials, and data as set forth in Section 416 of this Agreement. When using Grant Funds to support the purchase of emergency communication equipment or activities related to the provision of emergency communications equipment, Subrecipient shall comply with the FY 2014 SAFECOM Guidance on Emergency Communications Grants, including provisions on technical standards that ensure and enhance interoperable communications. IREMAINDER OF PAGE INTENTIONALLY LEFT BLANKI N. UASI 14 Subrecipient Agreement 12 III. PAYMENT $301. Pavrnent of Grant Funds and Method of Pavment A. The City of Los Angeles shall disburse to Subrecipient its allocated Grant amount of Five Hundred Five Thousand Eight Hundred Thirty-One Dollars ($ 505,831) to be used for purchase of equipment, planning, exercises, organizational activities, and training as described in Section 202 above. Such Grant amount represents the amount allocated to Subrecipient in the FY '14 UASI grant budget as approved by the Grantor. The disbursement of such funds shall be made on a reimbursement basis only. Subrecipient shall maintain procedures to minimize the time elapsing between the award of Grant Funds and the expenditure of funds to be reimbursed by such Grant Funds. B. Subrecipient shall prepare, maintain and provide to the City invoices requesting payment as well as purchase orders, proof of delivery, proof of payment and payroll records, timesheets, receipts and any other supporting documentation necessary to fully and accurately describe the expenditure of funds for which reimbursement from Grant Funds is sought undor this Agreement. All such supporting documentation shall satisfy applicable Federal, State and City audit and review standards and requirements. Such documentation shall be prepared at the sole expense and responsibility of the Subrecipient, and the City will not reimburse the Subrecipient for any costs incuned for such preparation. The City may request, in writing, changes lo the content and format of such documentation at any time, and the City reserves the right to request additional supporting documentation to substantiate costs incurred at any time. ln addition, each reimbursement request shall be accompanied by the Reimbursement Request Form (Exhibit J) and Equipment Ledger (Exhibit G), Training Roster (Exhibit G), Planning Roster (Exhibit G) and/or Exercise Roster (Exhibit G), as applicable, detailing the expenditures made by Subrecipient as authorized by Section 202 above. For equipment for which Subrecipient is requesting reimbursement, an equipment ledger (Exhibit G) and all appropriate back-up documentation must be attached to the reimbursement form, including invoices and supporting documentation, including proof of payment and proof of delivery. For training and exercise reimbursements, Subrecipient must include a copy of the class training roster (Exhibit G) or class exercise roster (Exhibit G) verifying training attendees, proof that a CaIOES tracking number has been assigned to the course, and supporting documentation, including timesheets and payroll registers for all training attendees. 1. The Grantor seeks to encourage Regional Projects, where two or more jurisdictions or Urban Areas join together on a given project for the common good of the region. To that end, the City has been charged with working with all subrecipients to develop regional UASI 14 Subrecipient Agreement 13 c. D. projects and to discourage projects that only benefit one localjurisdiction. For regional project reimbursements, Subrecipient must include approval from the lead agency for all submitted invoices. 2. Reimbursement requests must be submitted to the City monthly. Final reimbursement requests for the grant period muit be submittad to the City no later than 60 days prior to the end of the Term. The City willhotiff the Subrecipieht in writing if reimbursement requ€sts are inaccurate and/or incohplete. lnaccurate and/or incomplete reimbursement r€quests shall be returned to the Subrecipient for revision and shall be accepted by the City when reimbursement requests are accurate and compleie. Payment of final invoices shall be withheld by the City until the City has determined that Subrecipient has turned in all suppoiting doamentation and satisfied the requirements of this Agreement. lf applicable, Subrecipient must account separately for all interest income earned from the Grant Funds. ln accordance with Grantor regulations and 44 CFR Part 13, interest earned on Grant Funds must be reported and returned to the City. Subrecipient will maintain records of and account for any interesl eamed, if applicable, on Grant Funds. lf applicable, Subrecipient shall promptly return to the City ali Grant Funds received whlch exceed the approved, actual expenditures as accepted by CaIOES and Grantor. ln the event the amount of the Grant Funds allocated to Subrecipient is reduced, the reimbursement payable to the Subrecipient will be reduced accordingly. It is understood that the City makes no commitment to fund this Agreement beyond the terms set forth herein. Funding for all periods of this Agreement is subject to the continuing availability to the City of federal funds for this program from the Grantor. The Agreement may be terminated immediately upon written notice to Subrecipient of such loss or reduction of Federal grant funds. The City reserves the right at any time to modif, the amount of Grant Funds allocated to the Subrecipient in this Agreement in the event that the Subrecipient does not meet milestone spending deadlines or other project milestones for their contemplated projects as set forlh in Subrecipient,i Project Timeline. The Subrecipient will be notified in writing of such modifications made to its allocation of Grant Funds for failure to meet milestones or deadlines set forth in its project Timeline. Such modifications include, but are not limited to, suspension, termination or reduction of Grant Funds allocated to the Subrecipient. ln addition, Subrecipient shall promptly repay to City any unapproved expenditures relating to such modifications. IREMAINDER OF PAGE ]NTENTIONALLY LEFT BLANN F. UASI 14 Subrecipient Agreement 14 E. IV. STANOARD PROVISIONS $401. Construction of Provisions and Titles Herein All titles, subtitles, or headings in this Agreement have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party. The word "Subrecipient' herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural. lf there is more than one Subrecipient as identified herein, unless expressly stabd otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used. $402. Apolicable Larir{. lnteroretation and Enforcement Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, the County and City of Los Angeles, including but not limited to, laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Agreement shall be enforced and interpreted under the laws of the State of California without regard to conflict of law principles. Subrecipient shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. ln any action arising out of this Agreement, Subrecipient consenls to personal jurisdiction, and agrees to bring all such actions, exclusively in state and federal courts located in Los Angeles County, California. lf any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in clnflict with any law of a federal, state or local govemment having jurisdiction over this Agreement, the validity of the remaining parts, terms or provisions of this Agreement shall not be affected thereby. 5403. lnteorated Aoreement This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein. 5404. Excusable Delavs ln the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of lhe parties shall incur any liability to the other parties as a result of such delay or suspension. Circumstances deemed to be beyond the control of the parties her€under shall include, but not be limited to, acts of God or of lhe public enemy; insurrection; acts of the Federal Govemment or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine UASI 14 Subrecipient Agreement 15 restriclions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the party's willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable contrql. 5405. Breach Except for excusable delays as described in 9404 herein, il any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any agrgrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeifure, or be unjustly compensated. $406. Prohibition Aoainst Assionment or Delegation Subrecipient may not, unless it has first obtained the written permission of the City: A. Assign or otherwise alienate any of its rights hereunder, inoluding the right to paynent; or B. Delegate, subcontract, or otheruise transfer any of its duties hereunder. $407. Permits Subrecipient and its directors, officers, agents, employees and contractors/subcontractors, to the extent allowed hereunder, shall obtain and maintain all licenses, permits, certffications ahd other documents necessary for Subrecipient's performance hereunder and shall pay arry fees required therefor. Subrecipient shall immediately notiff the City of any suspension, termination, lapses, non-renewals or restrlctions of licenses, permits, certificates, or other documents. $408. Nondiscrimination and Affirmative Action Subrecipient shall comply with the applicable nondiscrimination and afiirmative action provisions of the laws of the United States of America, the State of California, the County and the City of Los Angeles. ln performing this Agreement, the Subrecipient shall not discriminate in its employment practices against any employee or applicant for employment because of such person,s race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status, or medical condition. The Subrecipient shall comply with Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). Any subcontract entered into by the Subrecipient relating to this AgEement, tb the extent allowed hereunder, shall be subject to the provisions of this paragraph. $409. Bonds Duplicate copies of all bonds, which may be required hereunder, shall conform to City requirements established by charbr, ordinance or policy and all federal UASI 14 Subrecipient Agreement 16 requirements regarding the use of Grant Funds and shall be filed with the ofiice of the city Administrative officer, Risk Management for its review in accordance with Los Angeles Administrative Code Sections 1 1 .47 through 1 1.56. $410. lndemnification Each of the parties to this Agreement is a public entity. ln contemplation of the provisions of Section 895.2 of the Government code of the state of california imposing certain tort liability jointly upon public entities, solely by reason of such entities being parties to an Agreement as defined by Section g9'5 of said code, the parties hereto, as between themselves, pursuant to the authorization contained in Sections 895.4 and 895.6 of said Code, will each assume the full Iiability imposed upon it or upon any of its officers, ag6nts, or emptoyees by law, for injury caused by a negligent or wrongful act or omission occuir,in'g in tn6 performance of lhis Agreement, to the same extent that such liability would be imposed in the absence of section 89s.2 of said code. To achieve the above- stated purpose, each party indemnifies and holds harmless the other party solely by virtue of said section 895.2. The provision of section 2T7B ol lhe catiiomia ' civil code is made a part hereto as if fully set forth herein. subrecipient certifies that it has adequate self insured retention of funds to meet any obligation arising from this Agreement. A. Pursuant to Government Code Sections 895.4 and 895.6, the parties shall each assume the full liability imposed upon it, or any of its officers, agents or employees, by law for injury caused by any negligent or wrongful act or omission occuning in the performance of this Agreement. B. Each party indemnifies and holds harmless the other party for any loss, costs, or expenses that may be imposed upon such other party by virtue of Government Oode section 895.2, which imposes joint civil liabiiity upon public entities solely by reason of such entities being parties to an agreement, as defined by Government Code section gg5. C. ln the event of third-party loss caused by negligence, wrongful act or omission by both Parties, each party shall bear financiat responsibility in proportion to its percentage of fault as may be mutually agreed or judicially determined. The provisions of Civil Code Section ZlTg regarding' interpretation of indemnity agreements are hereby incorpoiated - S411. Conflict of lnlerest A. Subrecipient shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents ihe appearance o-f, personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom ihey have family, business, or other ties. subrecipient oovenants lhat none of its direaors, officers, employees, or agents shall participate in selecting, or administrating any subcontract supported (in whore or in p-irt1 by Federal funds where such person is a director, officer, employee br agent ottte subcontractor; or where the selection of subcontractors is or ias the UASI 14 Subrecipient Agreement 17 appearance of being motivated by a desire for personal gain for themselves or others such as family business, otc.; or where such person knows or should have known that: 1. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract; 2. fhe subcontractor is someone with whom such person has or is negotiating any prospective employment; or 3. The participation of such person would be prohibited by 44 CFR 513.36, the California Political Reform Act, California Govemment Code $87100 et seo. if such person were a public officer, because such person would have a 'Tinancial or other interesf in the subconhact. Definitions: 1. The term "immediate family" includes but is not limited to domeslic partners and/or those persons related by blood or maniage, such as husband, wife, father, mother, brother, sister, son, daughter, father-in-law, mother-inlaw, brother-in-law, sister-inJaw, son-in- law, daughter-in-law. 2. The term "financial or other interest" includes but is not limited to: a. Any direct or indirect financial interest in the specific contract, including a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward. b. Any of the following interests in the subcontractor ownership: partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employrnent in a managerial capaciq4 or membership on the board of directors or governing body. The Subrecipient further covenants that no officer, director, employee, or agent shall solicit or accept gratuities, favors, anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwlse in a position to benefit from lhe actions of any officer, employee, or agent). The Subrecipient shall not subconkact with a former director, officer, or employee within a one year period following the termination of the relationship between said person and the Subrecipient. Prior to obtaining the City's approval of any subcontract, the Subrecipient shall disclose to the City any relationship, financial or otherwise, direct or lJrd[gct, of the Subrecipient or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officirs, directors or employees. B. C. D. E. UASI 14 Subrecipient Agreement 18 F. For further clarification of the meaning of any of the terrns used herein, the parties agree that references shall be made to the guidelines, rules, and laws of the City of Los Angeles, State of California, and Federal regulations regarding conflict of interest. G. The Subrecipient warrants that it has not paid or given and will not pay or give to any third person any mon6y or other consideration for obtaining this Agreement. H. The Subrecipient covenants that no member, officer or employee of Subrecipient shall have interest, direot or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or ofiicer or for one year thereafter. l. The Subrecipient shall incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this project and shall substitute the term "subcontractor'' for the term "Contracto/' and "sub subcontractol' for "Subcontractor". $412. ResJriction on Disqlosures Any reports, analysis, studies, drawings, information, or data generated as a result of this Agreement are to be govemed by the California Public Records Act (Califomia Government Code $6250 et seg.). 5413. MinortW-\ryomen. and Other Busin It is the policy of the City to provide minority business enterprises (MBEs), women business enterprises (WBEs) and all other business enterprbes an equal opportunity to participale in the performance of all contracts and subcontrac'ts, including procurement, construction and personal services. ln accordance with CaIOES/Grantor directives, Subrecipient agrees that, to the extent contractors or subcontraciors are utilized, Subrecipient shall use small, minority, women- owned, or disadvantaged business conc€rns and contractors or subcontractors to the extent practicable and shall take the afiirmative steps as set forth in 44 CFR S13.36(e). $414. Publications and Use of Grantor Markinqs All publications created or published with funding under this Grant shall prominently c,ontain the foltowing statement "This document was prcparcd under a grant fiom FEMA's Grant Prcg,ams Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authorc and do not necessaily rcpresent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Secunty. " Subrecipient shall comply with requirements to acknowledge Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projeds or programs funded in whole or in part by Grant Funds. Subrecipient shall obtain Grantor approval prior to using Grantor seal(s), logos, UASI 14 Subrecipient Agreement 19 crests or reproductions of flags or likenesses of Grantor agency officials, including the use of the United States Coast Guard seal, logo, cr€sts or reproductions of flags or likenesses of Coast Guard officials. 5415. Comoliance with State and Federal Statutes and Requlations A. Statutes and Regulations Applicable To All Grant Conkacts Subrecipient shall comply with all applicable requirements of Federal, State, County and City of Los Angeles laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement and the Grant. Subrecipient shall comply with state and federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. Subrecipient shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement and the Grant. When reference is made in the provisions set forth in this Section 415 with regards to laws, rules and regulations "as applicable" (ora variation thereofl to the Subrecipient, it shall be construed to msan 'ag applicable" to the Subrecipient as a subgrantee of the Grant. These requirements include, but are not limited to: 1. Office of Management and Budset (OMB) Circular$ and Forms Subrecipient shall comply with OMB Circulars, as applicable: OMB Circular A-21 (Cost Principles for Educational lnstitutions); OMB Circular A-87 (Cost Principles for State, Local, and lndian Tribal Governments); OMB Circular A-1 02 (Uniform Adminislrative Requirements for Grants and Cooperative Agreements with State and Local Governments); Common Rule, Subpart C for public agencies or OMB Circular A-1 10 (Uniform Administrative Requirements for Grants and Other Agreements wfth lnstitutions of Higher Education, Hospltals and Other Non-Profit Organizations); OMB CircularA-122 (Cost Principles for Non-Profit Organizations); OMB Circular A-133 (Audits of States, Local Govemments, and Non-Profit Organizations); OBM Standard Form 4248 Assuranes - Non-construction Programs. 2. Single Audit Act lf Federal funds are used in the performance of this Agreement, Subrecipient shall adhere to applicable rules and regulations of the Single Audit Act, 31 USC 57501 et SgS; City Council action dated February 4, 1987 (C.F. No. 84 2259 S'1); and any administrative regulation or field memos implementing such Act. 3. Americans wilh Disabilities Act Subrecipient hereby certffies that it will comply, as applicable, with the requirements of Titles l, ll and lll of the Americans with Disabilities Act of 1990 (ADA), 42 USC SS 12101 et seo.. and its implementing regutations, including Subtifle A, Tifle ll of the ADA. UASI 14 Subrecipient Agreement 20 Subrecipient will provide, as applicable, reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the ADA. Subrecipient will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the Subrecipient (or any subcontract thereof), relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph. 4. Political and Seclqrian Activitv Prohibited a. Subrecipient shallcomply with all applicable lobbying prohibitions and laws, including those found in 31 U.S.C. 51352, ef seg., and agrees that none of the funds, rnaterials, property or services funded or reimbursed under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or to influence, or attempt to influence an omcer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Gongress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan or cooperative agreement. Subrecipient shall not use any funds provided under this Agreement, directty or indirectly, to support the enactment, defeat, repeal, modification or adoption of any law, regulation, pending legislation, pending regulation, or policy (pending or otherwise), at any level of government None of the funds provided pursuant to this Agreement shall be used for any sectarian purpose or to support or benefit any sectarian activity. b. Concurrent with the execution of this Agreement, Subrecipient shall submit to the City a Certification Regarding Lobbying and a Disclosure Form in accordance with 31 U.S.C. S1352. A copy of the Certificate is attached hereto as Exhibit C and incorporated herein. No funds will be released to Subrecipient untilthe Certification is filed. c. Subrecipient shall file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of any of the information contained in any Disclosure Form previously filed by Subrecipient. Subrecipient shall require that the language of this Certification be included in the award documents for all sub-awards at all tiers and that all subcontractors shall certify and disclose accordingly. UASI 14 Subrecipient Agreement 21 5. Reoorts. Records lnsoection and lnvestiqations a. At any time during normal business hours and as often as the Grantor, CalOES, the City, the Federal govemment, the General Accounting Office, the Comptroller General of the United States, the State of Catilornia and the Office of lnspector General may deem necessary, Subrecipient shall make available for examination all of its records with respect to all matters covered by this Agreement. Subrecipient hereby gives the Grantor, CatOES, the City, the Federat government, the General Accounting Office, the Compkoller General of the United States, the State of California and the Oflice of lnspector General, through any authorized representative, access to, and the right to examine, audit and make excerpts or hanscripts ol all paper or eleclronic records, books, or documents related to the Grant Funds and all matters covered by this Agreement,.including, but not limited to all Subrecipient's invoices, materials, payrolls, records of personnel, conditions of employment and other data. The access and inspections rights set foilh herein shall include access to applicable facillties, personnel and other individuals and information a6 may be necessary and as required by the Grantor or CalOES, through any authorized representative, or as required by applicable law, Grant regulations and guidance. b. Subrecipient agrees to submit timely, complete and accurate reports to appropriate Grantor, CaIOES and City representatives as may be requested and maintain appropriate support documentation to support such reports. Subrecipient shall comply with all other special reporting, assessments, national evaluation efforts, or information or data collection roquests, including, but not llmited to, the provision of any information required for the assessment or evaluation of any activities funded by Grant Funds. c. Subrecipient shall cooperate with any compliance review or complaint investigation conducted by the Grantor, CaIOES and/or the City in connection with Subrecipient,s use of Grant Funds. d. Subrecipient shall require any of its subgrantees, contractors, successorsi, transferees, and assignees to acknowledge and agree to comply with the provisions governing Grantor, CaIOES and the City,s access to records, accounts, documents, information, fucilities and staff as set forth in this Section 415(4)(5). e. The provisions of this Section shall survive the termination of UASI 14 Subreciplent Agreemont 22 6. this Agreement. Records Maintenance Records, in their originalform, shall be maintained in accordance with requirements prescribed by the City and CaIOES/Grantor with respect to all matters covered on file for all documents specified in this Agreement. Originalforms are to be maintained on file for all documents specified in this Agreement. Suoh records shall be retained for a period of five (5) years after termination of this Agreement and after final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. The City may, at its discretion, take possession of, retain and audit said records. Records, in their origina! form pertaining to matters covered by this Agreement, shall at all times be retained within the County of Los Angeles unless authorization to remove them is granted in writing by the City. Subrecipient shall establish a proper accounting system in accordance with generally accepted accounting standards and/or CaIOES/Grantor directives, The provisions of this Section shall survlve the terrnination of this Agreement. Subcontracts and Procurement Subrecipient shall comply with applicable State, Federal and Subrecipient standards in the award of any subcontracts, including complying with the provisions set forth in 44 CFR $13.36. For purposes of this Agreement, subcontraets shall include but not be limited to purchase agreernents, rental or lease agr€ements, third party agreements, consultant service contracts and construction subcontracts. Subrecipient shall ensure that the terms of this Agreement with the City are incorporated into allsubcontract agreements. Subrecipient shall submit all Subcontractor Agreements to the City for review prior tg the release of anv ftfn4s to the subcontractor. Subrecipient shallwithhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respeetive subcontract agreement. Labor a. Subrecipient shall comply, as applicable, with the lntergovernmental PersonnelAct of 1970 (42 U.S.C. 5547284763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System PersonnelAdministration (5 CFR 900, Subpart F). b. Subrecipient shall comply, as applicable, with the provisions 7. 8. UASI 14 Subrecipient Agreement 23 of the Davis-Bacon Act (40 U.S.C. SS276a to 276a-7), the copehnd Act (40 u.s.c. 9276c and 18 u.s.c. g87a), the Contract Work Hours and Safety Standards Act (40 U.S.C. SS327-333), regarding labor standards for federally-assisted construction subagreements, and the Hatch Act (S U.S.C. SS1501-1508 and7324-7328), which timit the poiiticat activities of employeos whose principal employment activities are funded in whole or in part with Federal funds. c. Subrecipient shall comply with minimum wage and maximum hours pmvisions, as applicable, with the Federal Fair Labor Standards Act (29 U.S.C. S 201), as they appty to employees of institutions of higher educaiion, hospitals, and other non-profit organLations. d. None of the funds shall be used to promote or deter union/labor organizing activities in accordance with Califomia Government Code 916645 et seq. 9. Civil Riqhts Subrecipient shall comply, and will assure the compliance of all ils agents and contractors, with all applicable Federal and State statutes relating to civil rights and nondiscrimination, These include but are not limited to: (a) fiile Vt of the Civil Rights Act of 1964 (P.L. 88-352, 42 U.S.C. S 2000d et seo., 6 CFR part 21 and 44 CFR Part 7), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance; (b) Title lX of the Education Amendments of 1972, as amended (20 U.S.C. SS1681- 1683, and 168O-1686,6 CFR Part 17,44 CFR Part 19), which prohibits discilmination on the basis of gender in educational programs and activities; (c) Section 504 of the Rehabilitation Act of 1g73, as amended (29 U.S.C. 5794), as amended, which provides that no othenrvise qualified individual with a dlsability in the United States wiil, solely by reason of the disabllity, be excluded from participation in, be denied employment to, be denied the services or the benefits of or be subjected to discrimination under any program or acUvig receiving Federal financial assistance; (d) The Age Discrimlnation Act of 1975, as amended (42 U.S.C. 556101€107), which prohibits discrimination on the basis of age in any program or adivity receiving Federal financial assistance; (e) the Drug Abuse -ffice and Treatment Act of 1972 (p.L. 92-255), as amented, relating lo nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism irrevention, Treatment and Rehabilitation Act of 19ZO (p.L. 91-616) as amended, relating to nondiscrimination on the basis olalcohol UASI 14 Subrecipient Agreement abuse or alcoholism; (9) $$523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. SS290 dd-3 and 290 ee-3), as amended, relating to confidentialig of alcohol and drug abuse patient records; (h) Title VIll of the Civil Rights Act of 1968 (42 U,S.C. 553601 et gegJ, as amended, relating to non-discrimination in the sale, rental, tinancing and advertising of dwellings, or in the provision of services in connection therewith, as implemented by the Department of Housing and Urban Development at24 CFR Part 100; (i) Title 44 Code of Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination; O the requirements of any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; (k) the nondiscrimination requirements and all other provisions of the cunent edition of the OJP Financial and Administrative Guide for Grants, M7100.1;and (l) P.L.93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. Subrecipient will comply with the DHS Guidance to Federai Financial Assistance Recipients Regarding Title Vl Prohibition Against National Origin Discrimination Affecting Limited English Proficient Fersons, 76 Fed. Reg. 21755-21768 (April 18, 2011), resulting from Executive Order 13166 (lmproving Access to Services for Persons with Limited English Proficiency). Subrecipient shall take reasonable steps to ensure that persons with limited English proficiency (LEP) have meaningful access to its programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Subrecipients are en@uraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting progEms and activities. For assistance and information regarding LEP obligations, reler to DHS Recipient Guidance at https://www.dhs.gov/guidance-published- helpdepartment-supported-organizations-provide-mean ingf u l- access-people.limited and additional resources on http://www.lep,gov. ln the event any court or administrative agency makes a finding of discrimination on the grounds of race, color, religion, national origin (including limited English proficiency), gender, age, familial status or disability against Subrecipient, or the Subrecipient settles a case or matter alleging such discrimination, the Subrecipient will forward a copy of the complaint and findings to the City and the Grantor/CalOES. The United States shall have the right to seek judicial enforcement of the obligations set forth herein. lf, during the past three years, the Subrecipient has been accused of any such discrimination (including limited English proficiency), the Subrecipient shall provide a list of all such proceedings, pending or UASI 14 Subrecipient Agreement 25 completed, including outcome and copies of set ement agreements to the City, th6 Grantor/CalOES, and the DHS Office of Civit Rights and Civil Liberties. 10. Environmental a. Subrecipient shafl comply, or has already complied, with the applicable requirements of Titles ll and lll of the Uniforrn Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 94601 et seq. [p.L. 91646]) which provide for fair and equitable treahment of persons displaced or whose property is acquired as a result of Federal or Federally-assisted programs. These reguirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. Subrecipient shatl also comply, as applicable, with Tifle 44 CFR Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-assisted programs. b. Subrecipient shall comply, as applicable, with, and provide any information requested by DHS/FEMA/CaIOES to ensure compliance with, the following laws: (a) the requiremenb of the National Environmental Potiry Act (NEPA), as amended (42 U.S.C. 94331 et seq.) and Executive Orders (EO) 11814 and 12898; (b) notifioation of violating facilities pursuant to EO I 1738; (c) protection of wetlands pursuant to EO 1 1990 and 44 CFR Part 59; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistenrywith the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 991451 et seq.); (f) requirements of the Clean Air Act of 1970 and the Clean Water Act of 1977 (42 U.S.C. SS7401 et seq.) and Executive Order 11738; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,.as amended (p.L. gg- 523); (h) protection of endangered species under the Endangered SpeciesAct of 1973, as amended (p.L. g32OS); (i) the flood insurance purchase requirements of the Flood ' Disaster Protection Act of 1973, as amended (42 U.S.C. $4001 et seq.) which requires reoipients of Federal funds in a special flood hazard area to participate in lhe program and to purchase flood insurance if the total cost of insurible construction and acquisition is ten thousand dollars ($10,000) or more; (i) requirements of Section 1 306(c) of the National Flood lnsurance Act of 196g, as amended (aa Cfn Part $63); and (k) 44 CFR Part g'10, Environmentat Considerations. UASI 14 Subrecipienl Agreement 26 a.Subrecipient shall comply with all applicable Federal, State, and local environmental and historical preservation (EHP) requirements. Failure to meet Federal, State, and local EHP requirements and obtain applicable permits may jeopardize Federal funding. Subrecipient shall comply with all applicable conditions placed on any project as the result of the EHP review, and any change to the scope of work of a project will require re-evaluation of compliance with these EHP requirements, Subrecipient agrees not to undertake any project funded by the Grant having the potential to impact the EHP resources without prior written approval of City and DHS/FEMA/CaIOES, including, but not limited to, ground disturbance, construction, modification to any structure, communications towers, physical security enhancements, any structure over 50 years old, and purchase and/or use of any sonar equipment. Any construction related activities initiated prior to full EHP review may result in a noncompliance finding. Subrecipient must complete the DHS/FEMA EHP Screening Form (OMB Number 1660-01 1S/FEMA Form 024-0-01) and submit it, with all supporting documentation, to City and CaIOES for processing by the DHS/FEMA Grant Program Directorate EHP. The DHS/FEMA EHP Screening Form is available at: www.fema.qov/doc/oovernmenUqranUbulletins/info329 fi nal screenino memo.doc. lf ground-disturbing activities occur during the project implementation, the Subrecipient must ensure monitoring of the disturbance. lf any potential archaeological resources are discovered, the Subrecipient will immediately cease activity in that area and notiff the City and DHS/FEMA/CaIOES and the appropriate State Historic Preservation Oflice. Subrecipient shall comply, as applicable, with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. SS1271 et seq.) related to protecting components or potential components of the national wild and scenic river.s system. Subrecipient shall comply, as applicable, with the Lead- Based Paint Poisoning Prevention Act (42 U.S.C. $$a801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structur€s. Subrecipient shall comply, as applicable, with the Federal Water Pollution Control Act (33 U.S.C. S 1251 et seq.) which restores and maintains the chemieal, physical and biological integrity of the Nation's waters. Subrecipient shall ensure that the facilities under its ownership, lease or supervision which shall be utilized in the b. e. UASI 14 Subrecipient Agreement 11. 't2. accomplishment of Subrecipient's projects funded by the Grant are not on the Environmental Protection Agency,s (EPA) List of Violating Facilities, and it wiil notify the City and DHS/FEMA/CaIOES of the receipt of any communication from the Director of the EPA ffice of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. f. Subrecipient is, and shall be in compliance with the applicable provisions of the California Environmental Quality Act (CEOA), Public Resources Code g2't000 et seq. and California Code of Regulations, fitle 14, Chapter 3 Sec{ion 15000-15007. g. Subrecipient shall comply, as applicable, with the Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871). h, Subrecipient shall comply with applicable provisions of the Coastal Barier Resources Act (P.L. 97€48) dated October 19,1982 (16 U.S.C. 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Banier Resources System. Preservatr'on Subrecipient shall comply, as applicable, with Section 106 of the National Historic Preservation Ac-t of 1966, as amend€d (16 U.S.C. S470), EO 1 1593 (identification and proteotion of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. gga69a-1 et seq.). Susoension and Debarment Subrecipient shall comply, as applicable, with Federal Register, Volume 68, Number 228, regarding Suspension and Debannent, and Subrecipient shall submit a Certification Regarding Debarment required by Executive Order 12549 and 12689 and any amendment thereto (attached hereto as Exhibit B and made a part hereofl. Said Certification shall be submltted to the City concurrent with the execution of this Agreement and shall certify that neither Subrecipient nor its principals are presenfly debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department head or agency. Subrecipient shall require that the language of thb Certification be included in the award documents for all sub-award at all tiers and that all subcontractors shall certifo accordingly. Subrecipient shall not make any award or permit any award (subcontract or contract) to any party which is debarred or suspended or is othenvise excluded from or ineligible for participation in Federal assistance programs under Executive Order UASI 14 Subrecipient Agreement 28 12549 and'12689, "Debarment and Suspension." 13. Druo-FreeWorkolace Subrecipient shall comply, as applicable, with the Federal Drug- Free Workplace Act of 1988, 41 U.S.C. $701 et. seq., 44 CFR Part 17 ,2 CFR 3001, and the Califomia Drug-Free Workplace Act of 1990, Govemment Code SS 8350€357. Subrecipient shall execute and submit to the City concunent with the execution of this Agreemenl the Certification Regarding Drug Free Workplace Requkernents attached hereto as Exhibit D and made a part hereof. Failure to comply with these requirements may be cause for debarment. 14. Miscellaneous Subrecipient shall comply, as applicable, with the Animal Welfare Act of 1966, as amended (P.L. 89-544, 7 U.S.C. SS2131 et seq.), pertaining to the care, handling and treatment of warm blooded animals held for research, teaching, or other activities. Subrecipients must establish appropriate policies and procedures for the humane care and use of animals based on lhe Guide for the Care and Use of Laboratory Animals and comply with lhe Public Health Seruice Policy and Govemment Principles Regading tho Carc and Use of Animals. Pursuant to the Consolidated Appropriations Act of 2008 (P.L. 1 10-161) grant funds rnust not be used in contravention of the federal buildings performance and reporting requirements of Executive Order No. 13123, parl3 of Title V of the National Energy Conservation Policy AcI (42 U.S.C. 8251 et seq.) or subtitle A of Title I of the Energy Policy Act of 2005 (including the amendments made thereby), nor shall Grant Funds be used in contravention of section 303 of the Energy Policy Act of 1592 (42 U.S.C. 13212). B. Statutes and Reoulations Aoplicable To This Particular Grant Subrecipient shall comply with all applicable requirements of state and federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements goveming this partioular Grant program. Subrecipient shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These reguirements include, but are not limited to: 1. Title rl4 Code of Federal Regulations (CFR) Subchapters A, B and C; EO 12372; Current edition of the OJP Financial and Administntive Guide for Gnnts (M7100.1); Current edition of the DHS Financial Management Guide; DOJ Office for Civil Rights Regulations; Title 2 CFR Parts 215, 225,220, and 230; All provisions of the Federal Acquisition Regulations (FAR), including, UASI 14 Subrecipient Agreement 29 4. 5. without limitation, 48 CFR Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations; DHS 14 . Guidance; CaIOES 14 Supplement; CaIOES 14 Handbook; CaIOES FY 14 Grant Assurances (attached hereto as Exhibit E); Grantor lnformation Bulletins; and GMMs. Standardized Emergency Management System (SEMS) ia Emergency Services Act, on 1 of Title 2, g 8607.1(e) Technology Requirement: a. Subrecipient shall use the latest National lnformation Exchange Model (NIEM) specifications and guidelines regarding the use of Extensible Markup Language (XML) for all projects funded by this Grant. Further information about the required use of NIEM specifications and guidelines is available al www.niem.gov. b. For any information technology system funded by Grant Funds under thls {greement, Subrecipient shall ensure that such project complies with 28 CFR Pafi23, Ciminat lntelligence Sysfems Openting Policies, if such regulation is determined to be applicable. c. omestic that the adoption of the National lncident Management System (NIMS) is a requirement to receive Grant Funds under this Agreement. ln accordance with section 6 of the Hotel and Motel Fire Safety Action of 1990, 15 U.S.C. 92225a, Subrecipient shall ensure that aI conference, meeting, convention, or t whole or in part with federal funds complies and control guidelines of the Federal Fire Act of 1974, 15 U.S.C. 52225. a. Engage in severe forms of trafficking in persons during the period of time that thls Grant award is in effect; b. Procure a commercial sex act during the period of time that the Grant award is in effect; or UASI 14 Subrecipient Agreement 30 2. 3. e. Use forced labor in the performance of the award or subaward under this Grant award. Subrecipient understands and agrees that the City, CaIOES and/or Grantor may unilaterally terminate this Grant award to Subrecipient, without penalty, if Subrecipient: ls determined to have violated a prohibition identified in this paragraph 5, subparagraph a, b, or c; or Has an employee who is determined by an agency official authorized lo terminate this Grant award to have violated any such prohibition through conduct that is either i. associated with performance under this Grant award; or ii. imputed to the Subrecipient or its authorized agent using the standards and due process for imputing the canduct of an individual to an or.ganization provided in 2 CFR Part 180, as implemented by Grantor at 2 CFR Part 3000. Subrecipient further understands and agrees that: f. lt must inform the City and CaIOES immediately of any information received from any source alleging a violation of a prohibition in this paragraph 5, subparagraph a, b or c; S. Grantor's right to terminate unilaterally as described in this paragraph 5 implements Section 106(9) of the WPA, and that the right of the City, CaIOES and Grantor to terminate this Grant award and Agreement unilaterally is in addition to all other remedies for noncompliance that are available under this Grant. h. For purpoees ofthis paragraph 5: i. 'Employee" means either: an individual employed by the Subrecipient who is engaged in the performance ofthe proiect or program under this award; or anoiher person engaged in the performance of the project or program under this Grant award and not compensated by Subrecipient, including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. ii. "Forced labof means labor obtained by any of the following methods: the recruitment, harboring, transportation, provlsion, or obtaining of a person for UASI 14 Subrecipient Agreement 3'l labor or servlces, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery. iii. "Private entity' means any entity other than a state, local government, lndian Tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25, and includes non-profit organizations, including any non-profit institution of higher education, hospital, or hibal organization other than one included in the definition of lndian Tribe at 2 CFR 175.25(b), and for- profit organizations. iv. "Severe forms of trafficking in persons,' 'commercial sex act," 6nd 'coercion" have the meanings given at Section 103 of the WPA, as amended. 6. "Classified national security information,' as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection agalnst unauthorized disclosure and is marked to indicate its classified status when in documentary form. Subrecipient shall not use any Grant Funds to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the Subrecipient has not been approved by the Grantor for and has access to such information. ln the event Subrecipient has been so approved for and has access to such information, Subrecipient shall not use any Grant Funds to support a contract, subaward, or other agreement for goods or services that will include access to classified national security informalion by the contractor, subawardee, or other entity without prior written approval from the DHS Office of Security, lndusfrial Security Program Branch (ISPB), or an appropriate official within the federal deparunent or agency with whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities,' dated July 7,2008; Eos 12829, 12958, 12968, as amended; the National lndustrial Security Program Operating Manual (NlSpOM); and/or other applicable implementing directives or instructions. All security requirement documents are located at: http://www.dhs.govAopnbi/grants/index.shtrn. Upon determination by Subrecipient that Grant Funds will be used to support such a contract, subaward, or other agreement, and prior to execution of any actions to facilitate the acquisition of such contract, subaward, or other agreement, Subrecipient shall contact the City and lSpB, or the applicable federal department or agency, for approval and UASI 14 Subrecipient Agreement 32 7. 8. processing instructions. Subrecipient shall ensure that any of its potential subrecipients of Grant Funds has provided its Data Universal Numbering System (DUNS) number. Subrecipient shall comply with Grantor guidolines regarding the handling of Personally ldentifiable lnformation (Pll), as required by OMB M-07-16 and as set forth in DHS Handbook for Safeguarding Sensitive Pll, which can be found at htlo://www.dhs.qov/xlibrary/assets/privacy/orivacv quide soii hand book.pdf. ln collecting Pll, Subrecipient shall have a publicly- availsble privacy policy that describes what Pll it collects, how it plans to use the Pll, whether lt shares Pll with third parties, and how individuals may have their Pll corrected where appropriate. Subrecipient may find DHS Privacy lmpact Assessments, guidance and templates online at htto://www.dhs.oov/xlibrarv/assets/orivacv/orivacv oia-guidance iu ne2010.pdf and at http://www.dhs.gov/xlibrarv/assets/,orivacv/orivacv pia template.pdf , respectively. Subrecipient shall comply with the applicable requirements of the Federal regulations at 45 CFR Part $46 and DHS Management Directive 026-M regardlng the protection of human subjects in research. Subrecipient shall comply with the applicable requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to lntercept and Obstruc't Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. 99175-175c. Subrecipient shall comply with the applicable requirements of the Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. S41102) for intemational air transportation of people and property to the extent that such service is available, in accordance with the lnternational Air Transportation Fair Competitive Praclices Act of 1974 (49 U.S.C. 540118) and the interpretive guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General Decision 8138942. Subrecipient shall comply with the requirements that project activities supported with Grant Funds and canied on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits or approvals are obtained. Subrecipient shall comply with the applicable requirements of the Foderal Funding Accountability and Transparency Act (FFATA) 9. 10. 11. 12. 13. UASI 14 Subrecipient Agreement 33 (P .L. 109-282), as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (P.L. 110-252), and as clarified in Grantor lnformation Bulletin f350 and GMM #350, regarding disclosure of subawards and executive compensation, C. Noncompliance Subrecipient understands that failure to comply with any of the above assuran@s or the Grant Assurances attached hereto as Exhibit E may result in suspension, termination or reduction of Grant Funds, and repayment by Subrecipient to City of any unlavyful expenditures. Subrecipient shall be liable to the Grantor for any funds the Grantor determines that Subrecipient used in violation of these Grant Assurances and Subrecipient shall indemnify and hold harmless the City for any sums the Grantor determines Subrecipient used in violation of the Grant Assurances. The provisions of this paragraph shall survive termination of this Agreement. 5416. lnventions, Patents and Cooyriqhts A. Reoortino Piocedure for lnventions lf any project of Subrecipient funded under this Agreement produces any invention or diScovery ('lnvention") patentable or otherwise under Title 35 of the U.S. Code, including, without limitation, processes and business methods made in the course of work under this Agreement, Subrecipient shall report the fact and disclose the lnvention prompfly and fully to the City. The City shall report the fact and disclose the lnvention to he Grantor/CalOES. Unless there is a prior agreement between the City and Grantor/CalOES, Grantor/CalOES shall determine whether to seek protection on the lnvention. Grantor/CalOES shall determine how the rights in the lnvention, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the policy ("Policy') embodied in the Federal Acquisition Regulations System, which is based on Ch. 18 of Title 35 U.S.C. Sections 200 et seq. (Pub. L. 95-517, Pub. L. 98620, 37 CFR part 401); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated 2/18/1983); and Executive Order 12591, 4110187,52FR13414,3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618, 1212A87,52 FR 48661, 3 CFR, 1987 Comp., p, 262). Subrecipient hereby agrees to be bound by the Policy, will contractually require its personnel to be bound by the Policy, and will consult with Grantor/CalOES regarding allocation of any patent rights that arise from, or are purchased with, Grant Funds. B. Riqhts tg Use lnventions City and Grantor/CalOES shall have an unencumbered right, and a non- exclusive, irevocable, royalty-free license, io use, manufacture, improve upon, and allow others to do so for all governmenl purposes, any UASI 14 Subrecipient Agreement 34 lnvention developed under this Agreement. Coovrioht Policv Unless otherwise provided by the terms of the Grantor or of this Agreemen( when copyrightable material (-Material") is first produced or developed as part of a project funded by Grant Funds, the Grantor, at Grantor's discretion, may copyright the Material. lf the Grantor declines to copyright the Material, the Grantor shall have an unencumbered right, and a non-exclusive, krevocable, royalty-free license, to reproduce, display, publish, disseminate, perform, preBare derivative works or otherwise use, and authorize others lo use, for all government purposes: (a) any Material so produced or developed and (b) any rights of copyright to which Subrecipient purchases ownership with Grant Funds. Subrecipient shall affix the applicable copyright notices of 17 U.S.C. $401 or $402 and an acknowledgement of govemment sponsorship (including Grant award number) to any Material first produced or developed under this Grant, unless the Material includes any information that is otherwise controlled by the Government (e.9. classified information or other information subject to national security or export control laws or regulations). Riqhts to Data The Grantor shall have unlimited rights or copyright license to any data first produced or delivered under this Agreement or to any scientific, technical, or other copyright work based on or containing data first produced under this Agreement, including those works published in academic, technical or professional journals, symposia proceedings, or similar works. "Unlimited rights" means the right to use, disclose, reproduce, prepare derivaiive works, distribute copies to the public, and perform and display publicly, or permit others to do so; as required by 48 CFR 27.401. Where the data are not first produced under this Agreement or are published copyrighted data with the notice of 17 U.S.C. Section 401 or 402,lhe Grantor acquires the data under a copyright license as set forth in 48 CFR 27.404(0(2) instead of unlimited rights. (48 GFR 27.404(a)). OFliqations Binding on Subcontractors Subrecipient shall require all its contractors and subcontractors funded by Grant Funds to comply with the obligations of this section by incorporating the terms of this section into all contracts and subcontracts. ln addition, Subrecipient shall ensure that all its contractors, subcontractors and vendors funded by Grant Funds be contractually obligated to give the rights set forth in this Section 416 to the Subrecipient as well as the Grantor. IREMAINDER OF PAGE INTENTIONALLY LEFT BLANKJ c. D. UASI 14 Subrecipient Agreement 35 V. DEFAULTS. AMENDII'ENTS. AND AGREEMENT $501. Defaults Should Subrecipient fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the City reserves the right to terminate the Agreement, reserving all rights under state and federal law. $502- Amendments Any change in the terms of this Agreement, including changes in the services lo be performed by Subrecipient, and any increase or decrease in the amount of compensation/allocation which are agreed to by the City and Subrecipient shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties lhereto. Subrecipient agr€e6 to comply wilh all future City Directives, or any rules, amendments or requirements promulgated by the City affecting this Agreernent. $503. Comolete Aoree-ment fhis Agreement sets forth all of the rights and duties of the parties with respect to the subject mafter hereot and replacgs any and all previous agreements or - understiandings, whether written or oral, relating thereto. This Agreement may be, amended only as provided for herein and neither verbal agreement nor conversation with any officer or employee of either party shall affect or modiry any of the terms and conditions of this Agreement. This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. This Agreement includes thirty-seven (37) pages and twelve (12) Exhibits which constitute the entire underctanding and agreement of the parties. IREMAINDER OF PAGE INTENTIONALLY LEFT BLANR UASI '14 Subrecipient Agreement 36 lN WITNESS WHEREOF, the City and Subrecipient have caused this Agreement to be executed by their duly authorized representatives. City Business License lnternal Revenue Service lD Number: Council File/OARS File Number: 14-0820 Date of Approval City Contract Number: l,:, APPROVED AS TO FORM AND LEGALITY: MICHAEL N. FEUER, City Attorney By Date For: ERIC By THE CITY OF LOS ANGELES Mayor Date Public Safety, Mayor's Office EridGaicetti, Mayor Homeland Security and ATTEST: HOLLY L. WOLCOfi, City Clerk By By Date APPROVED AS TO F For: The City of Burbank, a municipal corporation By Date Mark, Scott - City Manager J-J/,a116^, lsEAL] ATTEST: Bu umber: UASI 14 Subrecipient Agreement 37 t.75 - tq Deputy /4"rr( l-/f Exhibit A lnsurance (Not applicable to this Agreement) EXHIBIT B ). l. 9. INSTRUCIIONS FOR CERTTTICATION By signing and submitting this document, the prospective recipient ofFederal assistarco funds is providing the certification as set out below. The certification in this clause is a material rEresentation of fact upon which reliance was plmed when ttris transaction u/as entered into. Ifit is lat€r d€hnnined that $o prospectivo recipient ofFederal asslstance funds knowingly rendertd an enoneous certification, in addition to oher remedies available to the Fedsral Cov€runont, $e deparfipnt or agency with which this transaction originated m8y pusue avallablc rernedies, including suspension and/or debarment. The prospectivo recipient of Federal assishnce fiuds shall provide immcdiate u/ritten notice to tllo porson to which this agreement is enterod, ifat any time tho prosp€ctive recipiont ofFederal assistance funds loarns that its certification was enoneous, when submitted or has becomo erroneous by reason ofchangcd circumstances. The terms "covercd tansaction"" "debarr€d," "suspended," "ineligible," "lowcr tier coverGd tansaction," "participant," "person,r' "primary coverrd traosaction," "principel,' 'proposal,{ and 'voluntarily oxcluded," as us€d in this clause, have the meanings set out in fie Definitions and Coverago sections of rules implcmenting Executive Ordcr 12549. The prospective reipient ofFederal asslstrnce funds agrees by submitting this proposal dut, should tbe proposed covcred fansaction be entered into, ir shall not l$owingly entEr into any lowcr tier covered hanssction witi a person who is debaned, suspcnde( declared ineligible, or volunmrily cxcluded from paflicipation in this covered tranmction, unless authorized by thc dopartment or agoncy with whlch this f arNaction originated. The prospective rccipient ofFederal assistancc funds fufiIer agr€€s by subrnitting this proposal that it will include the clause titlcd "Certificatior Regarding Debam€nt, Susponsion, Ineligibility and Voluntary Exclusion - Iower Ticr Covcred Transactions," without modificadon, in all lower tier covercd transadions and in all solicitations for lower tier covered tsansaotions. A palticipant in a covered traffaclion may rely upon a cartification ofa prospestivo particip€nt in a low€r tjer covered transastion that it is not deb8rcd, suspended, ineligiblo, or voluntarily excluded Aom the coverpd tra$action, unless il krows that tho cgrtification is enoneous. A participant may decide the mcthod and frequency by which it determin€s thc eligibility of its principals. Each participant may, but is not rcquired to, oheck tho Nothing oontained in &e foregoing shall be construed to require establishment ofa system ofrecords in ords to rcnder in good faith the ocrtification required by this clause. fie knowledge and information ofa participant is not required to exceed that which is normally possessed by a prudent person in fto ordinary course ofbuslness dealings. Except for hansactions authorized under Poragraph 5 ofthese insfudions, ifa panicipgnt in a covored hansaction knowingly ent8rs into a lower tior covered tarsaction wfth a p€rson who is suspended debancd, ineligiblo, or voluntary excluded fiom participation in &is trans8ction, in addition to othor remedies availablc to the Fedcral Govemment, tlc depar!fient or agency with which *ris transaction originated may pursuc svailable remedies, including suspension and/or debarment. 5. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INEITGBILITY AND VOLUNTARY EXCLUSION LSWER TIER COVERED TRAI.{SACTIONS This oertifioation is reqtrired hy the regulations implementing Exocutive Order 12549, Debarment and Suspension, 44 CFR Part 17, Participants' rcsponsibilities. (READ ATTACITED INSTRUCTIONS FOR CERTIFTCATION BETORE coMPLETING) t. The prospectivc reoipient (or subrecipient) of Federal assistance frrnds certifres that it or its principals: (a) Are not presently debarred, suspended, proposed for debanrrent, declared ineligible, sontenced !o a denial of Federal benefits by a State or Federal oourtt or voluntarily e:rcludpd from coverod transaotions by any Federal deputmentoragency; (b) Have not within a three-year period prooedingthis Agreement been convicted of or had a civil judgment rendered againstthem for commission of fraud or a oriminal offense in connection with obtaining, attemptingto obtain, or performing apublic (Fed€ral' Strte, or local) transaotion or contraot under a public nansadion; violation of Fedsrel or Starc antitrust statutes or comrnission of embezzlement, ttreft, forgery, bribery, falsification or detruction of records, rnaking false statements, or receiving stolen proporty; (c) Are not presently indicted fsr or otherwise orirninally or civilly chqrged by a governmerrtal entity (Federal, State, or ltrcal) with cornrnission of any of the offenses entrrneratod in paragraph l(b) ofthis certificatio$ and (d) Havo not within a three-year period precedirrg this Agreernent had one or moro public transactions (Foderal, Statei or tocal) terminated for Gausc or default. 2. Where the.prospective recipient of Federal agsisbnoe fonds is rurable to certrS to any of the statements in this certification, such prospoctive partioipant shall attach an erplanation to this propossl. c-t25q5q AGREEMENT NUMBER f T'FY TTP NIINTATT? RECIPTENT/SUBREC TPIENT/CONTRJ{'CTOR/BORRO WER/AGENCY XARX SC.(}T[ - CT1Y XAIIAGBR NAME AND TITLE, OF AUTHO.RIZED REP,R.ESENTATTVE //r"/ l*tr r-//-/t SIGNATURE DATE EXHIBIT C CERTIHCATION RDGARI}ING I.OBBYING Certilication fgr Contraets, GranE, Loaps arid Cooperative Asreemonts The undersigned certifies, to the best of his or her knowledge and belief, that: l. No Federal appropriate{ funds.have been paid or will be pai4 by or on bchalf of the undersigned, to any person for influencing or attempting to influence an offtcer or'employee of an agency, a Mernber of Congres, an offioer or employee of Congr-ess, or an employee of a MemLer of Congross in oonneotion with dre awarding of any Federal contract, the making of any Federal gmnt, the making of any Federsl loani the entering into of any coopoative agr€ement, and the exteision, continuation, rencwal, amendment, or modification of any Fedoral contract, grant, loan orcooperative agreement. 2. If any funds other than Federal appropriated funds have been paid orwill be paid !o any person for ihfluencing or attemping to influence an offider or employee of any agesoy, a Member of congresq an offieer or eurployee of congtess, or an ernployee ofa Member of Congress in connection with this Federal contract, grrr! loan; or oooparative agreemant, the undersigned shall complete and submit Standard Form-LLL "Disclosure Forrn to RePoft Lobbying" in aecordance with its instructions. 3. The undersigned shall rquire that the language of this oertifrcation be included in the award documents for all subawards at.atl tiers (including subcontracb, subgrants, and corfrracts under grants, loaRs, and cooperativo agreornents) and that all subrecipients shall certify and disclose accordingly. 4. This certification is a material representation of fact upon whioh reliance was plaoed when this transaction was made or entpred into. Submission of this oertification is a prerequisite for making or entering into this transaction imposod by Section 1352 Title 31, U.S. Code. Any person who fails to frle the required certification shall ba subject to a civil penalty of not less that $10,000 and not morethan $100,000 for each such failure, ( - wrq1l AGREEMENTNUMBER CIT OE DI}RBAIK S I.'BRECIPIENT/CONTMCTOR/BORROWER/AGEN CY ttlRK SCOII - GITI IiAIIAGBB NAME AND TITLE OF AUTHORIZED REPRESENTATI\TE STCNATI.JRE DATE EXHIBIT D CERTIFICATION REGARDING DRUG FREE WORf,PLACE ACT REOUIREMENTS The Contractor/Subrecipient certifies that it will or will continue to provide a drug-free workplace, in accordance with the federal Drug-Free tJYorkplace Aot of 1988 (41 U'S.C. 701 et seq.), 28 CFR Part 67; and the Califomia Drug-Free Workplace Act of 1990, Govemment Code $$ 8350-8357, by: l. Publishing a statement notirying employees that the unlawful manufacture, distribution, dispensing, possession or use ofa contolled substance is prohibited in the Contractor's workplace and speci$ing the actions that will be taken against employees for violation of such prohibition. 2. Establishing an on-going drug-free awareness program to inform employees about: a. The dangers of drug abuse in the workplace; b. The Contactor's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Making it a requirement that each employee to be engaged in the performance of the program be given a copy ofthe statement required by paragraph 1 above. 4. Notifring the employee in the statement required by paragraph I that, as a condition of employment under the Grant progam, the employee will: a. Abide by the terms of the statement, and b. Notift the Contractor in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. 5. Noti$ing the City and Grantor, in writing, within l0 calendar days after receiving notice under subparagraph 4. b. from an employee or otherwise receiving actual notice of such conviction. Employers of canvicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs ATTN: Control Desk 633 Indiana Avenue, N.W. Washington, D.C. 20531 7. Taking one of the following actions, within 30 oalendar days of receiving notice under subparagraph 4.b. with respect to any employee who is so convictod: a. Taking appropriate personnel sction against such an employee, up to rind including termination, consistentwith thc requirements of the Rehabilitation Act of l973,as amended; or b. Requiring such employee to participate satisfactorily in a dnrg abuse assistanoe or rehabilitation program approved for such putposes by a Federal, State, or local health, law enforcemont, or other apptopriate agency. Making a good faith effort to continue to maintain a drug-free workplace through implementation ofthe provisions of dris certi'fication. c-t7545q AGREEMENTNUMBER TATK SGOIT - CIIY UANAG,EB. SIGNATI]RE TNOTE; Capinlized terms herein shall have tlnse meanings setfonth ln the Agreement to which this Certification is ottaclud as an Exhib{t NAME AND TITLE OF AUTHORIZEE REPRESENTATIVE 3-//- /{ EXHIBIT E Name of Applicant: California Governor's Office of Emergency Services FY 20 14 Gront A;sswances (All HSGP Applicants) City of Los Angeles Address: 200 No. Spring Street, Room 303 City:Los Angeles State:Zip Code:9001 2 (213) 978-0730 Fa,xNumber: (2tS)978-0718 E-Mait Address: alisa,finsten@lacity.org As the duly authorized representative of the applicant, I c€rtify that the applicant named above: l. Will assure that the Funding Opportunity Announcement for this program is hereby incorporated into your award agreement by reference, By accepting this awar4 the recipient agrees that all allocations and rse of firnds undor this grant will be in accordance with the requirements contained in the FY20l4 Homeland Security Grant Program Funding Opportunity Annoprcement, tlre Cali,fornia Supplornsnl to the FY20l4 Homeland Security Grant Program.Funding Opportunity Announcement, and all applicable laws and regulations. 2. All allocations ard use of funds under this grant will be in accordance with tho Allocations, and we of grant fundmg must suppo( the goals and objeetives included in tho State andor Urban Area Homeland Socurity Sratogies as well as the invGstments identified inthe lnvestment Justifications which were submitted as part ofthe California FY2014 Homeland Security Grant Program application. Further, use of FY20l4 funds is limited to those investments included in the California FY20l4 lnvestment Jtrstifications submitted to DHSIFEMA and Cal OES and evaluated through the peer reviow process. 3. Understands that in the event FEMA dEtermines.that changes are necessaryto the award document after an award has been made; including ohanges to period of performance or terms and conditions, fecipients will be notified ofthe changes in writing. Once notifioation has been made, any subsequortr r€guost for funds will indicate recipient aeceptanoe of the changes to the award. Please call the F|EMA/GMD Cal[ Centor at (860 927-5646 or via s-mail to ,ASK-GMD@dhs,gqv if you have any questions. 4. Has the lggal authority to apply for Federal assistance and has the institutional, managerial and financial oapability to eRsure proper planning; management and completion of the grant providod by the U.S. Department of Homeland SeCurity (DHS/Federal Emergency Management Agency (FEMA) and suts granted through the State of California, California Governor's Office of Emergency Services (Cal OES). 5. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between grant programs (for example: State Homeland Security Program and Urban Area Security Initiative) or fiscal years. 6. WiU comply with any costsharing commitments included inthe FY20l4InvestmentJustifications submitted to DHSFEMA/CaI OES, where applicabte. 7. Will establish a proper accounting system in acoerdance with.generally acoepted accountiog standards and awarding agency diregtives. CA 8. Will give the DHS/FEMA,, the General Accounting Office, the Cornplroller General of the United'States, the Cal OES, the Office of Inspector General, through any authorized representatives, access to, and the right to examine, all paper or eteclronic records; books, and documents related to the awand, and will p€rmit access to its facilities, personnel and other individuals and information as may be neeessary, as required by DHS/FEMA or Cal OES, through any authorized representative, with regard to exanrination of grant related records, accounts, documents; inforrnation and staff. 9. Agrees, and will require any subrecipient, contractor. successor, transferee, and assignee to acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, informalion, facilities, and staff. B. Recipients must oooperate with.an! cornpliance review or complaint investigation condiioted b,y DI{S or Cal OES. b, Recipients must give DHS and Cal OES access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and infurmation as may be necessary, as required by DHS and Cal OES program guidance, requirements, artd applicable laws. c. Recipients must comply with all other special reporting, data collection, and evatuation requilements, as prescribed by law or detailed in program guidance, and recipients must submit timely, completo, and accurate reports-,to the appropriato DHS offrcials and maintain appropriate backup documentation to support the reports. d. If, during Ere past {h,ree years, tho recipiont has been accused of discrimination on the grounds of raco, oolor, national origin (including limited English profioiency), sex, age, disabitig, rctigion, or farililial status, the recipient must provide a list of all such prooeedingg pending or completed. including outcorne and copies of settlement agreements to the DHS/Cal OES awarding offrce andthe DHS Offroe of Civil RiShts and Civil Liberties. e. In the event any court or administrative agency makes a Iinding of discrimination on grounds of race, color, Rational origin (including limited English proficiency), Egx, age, disability, religion, or familial status against the reoipient, or the recipient settles a oase or matter alle$ng suoh discrimination, recipients must forward a copy of the complaint and findings to the DFIS Component and/or awardirrg office. The United States has the right to seekjudicial enforcement of these obligations. 10. WiU comply with any other special reporting assessments, national evaluation efforts, or information or data collection requests, including but not timited to, the provision of any information reguired for the assessrnent or evaluation of any activities within this agreement, or detailed in the program guidanoe. 1 L Agrees that funds utilized to establish or enhance State and Local fusion centers must support the development of a statewide fusion process thal corresponds with the Global Justice/Homeland Security Advisory Cowrcil (HSAC) Fusion Center Guidelinas, follow the Federal and State approved privacy policies, and achieve (at a minimum) the baseline level ofcapability as defined by the Fusion Capability Flanning Tool. 12. Understands that a hold is in place on Fusion Centet aotivities and the applicant is prohibited from obligating; expending, or drawing down HSGP - UASI funds in suppqrt of their State and/or Major Uiban Area Fusion Center. Cal OES will noti$ the subglantee in writing when DIJS/TEMA has lifted the hold. 13. Will initiate and complete the work within the applicable timeframe (subgrantee performance period), in aocordance with grant award terms and requirements, after receipl of approval from Cal OES and will maintain prooedures to minimize the arnount of time elapsing between the award of funds and the disbursement of funds. 14. Will provide timely, complete and accurate progrcss reports, and maintain appropriate supPort documentation to support the reports, and other such information as ma.y be required by the awarding a3enoy, including the Initial Strategr Implementation Flan (lSP), within 45 (foAy-five) days of the award and update these reports and related documeiltation viathe Gtant Reporting Tool (CRT) wice each year. 15. Will provide timely notifications to Cal OES of any developments that have a significant impact on, award' supported activities, including changes to key program staff, 16. Agrees to be non.delinquent in the repayment of any Federal debt. Exarnples of relevant debt , include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Ciroular A- 129 and form, SF424B, item number l7 for additional information and guidance. 17. Will comply with the requirements of 3 I U.S.C-. g 31129, which set forth that no subgrantee, recipient or subrecipient of federal payments, shall submit a false claim for payment, reimbtusement, or advanoe. Administrative remedies may be found in 38 U.S.C. $$ 3801-3812, addressing false claims and statements made. t8. Will comply with all applicable provisions of DHS/FEMA's regglations, including Titte 44 of the Code of Federal Regulations, Part 13, Uniform Adniinistrative Requirements for Grants and Cooperative Agrsements to State and Loial Governments, including the payment of interest eamed on advances. 19. Will comply with the Office of Management and Budget (OMB) Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Gorrcmments (also known as the r,A-rczCommon Rule"), which are also located found within DHS regUlations A Title 44, Code of Federal Regulations (CFR) Part 13, "Uniform AdministrativeRequirements for Grants and Cooperative Agreements to State and Local GovernrnenB"; will comply with OMB Circular A-l 10, UniformAdministrative Requirements for Grants aud Agreements with Instihttions of Higher Education. Hospitals; and Other Non- Profit Organizations, relocated to 2 CFR Part2ll, 20. Will comply with the financial and administrative requiiements set forth in the current edition ofthe DHS Financial Management Guide; OMB Circular A-21, Cost Principles for Fducational Institrrtions, relocated to 2 CFR Part22};OMB Circular A-87, Cost Principtes for State, Local, and Indian Tribal Governments, relscated to.2 CFR Part 225; OMB Circular A-122, Cost Principles for Non-Profit Organizations, reloeated to 2 CFR Put230: and OMB Ciroular A-]33, Audits of States, Local GovernmenB and Non-Profit Organizations, as applicable. 21. Will comply with all provisions of the Federal Acquisition Regulations, including but not limited to Title 48 CFR Part 3 t.2, part 3 I .2 Contract Cost Principles and Prqcedures, Contracb with Commercial Organizations. 2?. Wil comply with provisions of the Hatch Act (5 U.S.C. $$ 150l-1508 and7324-7328), which limits the political activities of employees whose principal employment aotivities are funded in whole or in part with Federal frrnds: 23. Will establish safeguards to prohibit employees ftom using their positions for a purpose that constitutes, or presents the appearance of personal or organizational conflict ofinterest, or personal gainforthemselves or otlrer.s,,particularly those with whom they have family, business, or other connections. 24. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from DHSffEMA and Cal OES. 25. Will comply with all applicable lobbying prohibitions and laws, inoluding those found 3l U.S.C.$ 1352., and agrees that none of the funds provided under this award may be expended by the recipient to pay ury person to influence, or attempt to influence an officer o cY, a Mernber of Congress, an offieer or employee of Congress, or an emptoyee of in connection with any Federal aotion concerning the award or renewal of ry loan, OI cooperative agreement. 26. Agres that, to the extent contractom or subcontractofs are utilized, will we small, minori$r'owned, *6menowned, or disadvantaged businesses, to the extent practicable. 22, Will compty with Title 2 of the Code of Federal RegulationsPart225, Appendix A, paragraph (C)(3Xc), which provides that any cost atlocable to a particular Federal award or cost cibjective under the_prinoiples providid for in this arrthority may not be cha.rged to other Federal awards to overcome fund deficlencies. 2g. Wiil enSure that Federal funds do not replace (supplant) funds that have been budgeted for the sa{ne Pnrpose thmugh non-Federal sbur..r, Subgrantees and subrecipients may be required to demonstrate and docqnent that a-reduction in non-Federal resources occuned for reasons other than the receipt or expected receipt of Fedetalfitnds. 29. Willcornpty,ifapplioabte,withtheLead-BasedPaintPoisoningPreventionAcl(42U,S.C'$480letseq,)' which prohibiS thi use of lead based paint in constnrction or rehabilitation of structurps. 30. Wil comply with all federal and state laws and regulations relating to civil rights protections and nondiscrimination. These include, but are not limited to: a. Titte VI of rhe Civit Rights Aot of 1964, Public Law 88:352, (42 U.S.C. $ 2000d et seq,), codified at 6 CFR part 2l ard 44 Cfn part 7, which provides that no perron in the United States will, on the grounds of race, color, or national ori$n, be oxcluded frorn- parricipati* t,,be denied ttrc benefits of, 6r be subjected to discrimination undJr any program or setivrty receiving Federal finanoial assistgnce' b. Title lX of th" Ed,*"tion Arnendments of l9T2,as amended (20 U.S;e, $ 168l et seq,), whieh ies, These c. discriminating on the basis of disability inthe operatiol ef publie'entities, public and private transportation systems, ftaces of publlc accornmodation, and cer.tain testing 9ry!{es (42 U.S.C. $ l210l 9t-seq.). d. tn" Agr biscrimination Act of 1975,, as amended (42 U.S.C. $$ 6t0l et seq.), which prohibits diserii[ination on the basis ofage in any program or activity receiving federal financial assistance' e. The Drug Abuse Office and TreatmentAct of 1i,972 (P.L.92-255), as amende4 relatingto nondiscrimination on the basis of drug abuse' rhabiritation Act offl, The Comprehensive Alcotrol Abuse and Alcoholism Prevention, Trcatment and Re l9?0 (P.L. 9l-616), as amended, relating to:nondiscrimination on the basis of alcohol abuse or alcoholism. g, Sections 523 and 527 of thePiiblic Health Service Actof l9l2(42 290 ee-3), as arnended, relating to confrdentiality of alcohol and drug abuse p h, Title VII of the eivil Nghti Act of, 1968 (42 U.S;C. $ 3601 et seq CFR Part 100), as amended, relating to nondiscrimination in'the sale, rental and financing of horsirrg, i. Titl;44 of the Code of Federal Regulations (CFR) Parts 7, 16, and l9 relating to nondiscrimination. j. The nd apPl is k The of which provides that no othenvise qualified ind by reason ofthe disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination undor any program or activity receiving Federal financial assistanee. These requirements pertain to the provision of benefits or services as well as to employment. L will, in t[e event that a Federal or State court Or Federal or Stato administrative agency makes a finding of discrimination after a due proceSs hearing on the grounds or raoe, color, religion, national origin, gender, or disability against a rocipient of funds, the recipient will for:ward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. m. Witrl provide an Equal Employ-ment Opportunity PIan, if 4pplicable, to the Department of Justice Offlce of Civil Rights within 60 days of grant award. n. Will comply, and assure the compliance of all its subgrantees and contraorors, with the nondiscrimination requirements and all other provisions of the curent edition of the OfIice of ,Iustice Programs Financial and Administrative Guide for Grants, M7100.1. 31. Will comply with the requirements of Titles II and III of the Uniforrn Re[ocation Assistance and Real Froperty Acquisition Policies Aet of l97Q (42 U.S.C. $ 4601 et seq. [P.L. 916461), which provides for fair and equitable tr€atment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs: These requirements apply to all interested in real property acquired for project puposes regardless of Federal participation in purchases. Will also comply with Title 44 CFR, Pafiz,s, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-assisted programs. 32. Will oomply with all provisions of DHS/FEMA's regulation 44 CFRPart 10, Environmental Considerations. 33. Will compJy with all applicable Federal, State, and Local onvironmental and hiStorical pruervation (EHP) requirements. Faift:re to meet Federal, State, and Local EHP requirements and obtain applicable permits may jeopardize Fedorat funding, Agrees not to undertake any project having the potential to impactEHP resources without the prior written approval of DHS/TEMA and Cal OES, including, but not limited to, ground disturbance, construction, modification to any structur€, physical security enhanoements, comrnunications towers, any structure over 50 years old, and purctmse zurd/or use of'any sonar equipment. The subgrantee must comBly with alt conditions and restrictions placed on the project as a result of the EI-IP review. Any construction-related activities initiated without the necessary EHP review and approval will result in a noncompliance finding and may not be eligible for reimbursement with DHS/FEMA and Cal OES fundiag. Any change to the scope Of work willrequire re-evaluation of compliance wilhthe EI{P.If grounddisturbing activities occur during the projeot implementatibn, the subgrantee must er.tgure monitoring of the disturbanoe. If any potential archeological resources are discowred, the subgranteo will immediately Qease activity in that area and notiff DIISiFEMA/ and Cal OES and the approBriate State Historic Preservation Office. 34. Any construction activities that have been initiated prior to the full environmen'tal and historic preservation review could result in a norrcomplianoe finding. Subgrantees must complete the DHSIFEMA EHP Screening Form (OMB Number 166041I5FEMA Form 024{{l) and submit it, with all supporting dooumentation, to their Cal OES program representative; for-processing by the DHSIFEMA CPD EHP. 35. Grantees shouldrzubmit the FEMA EIIP Screening Form for each project as sooo as possible upon receiving their grant award. The Screening From for these types of projects is availa'ble at: 36. Will enstue that the facilities under its ownership, lease or supervisibn, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating Facilities, and will noti$ Cal OES and the DHS/FEMA of the receipt of any communication from the Director of the EPA Offiae of Federal Activities indicating if a facility to be used in the project is under conSideration for listing by the EPA. 37, Will provide any information requested by DFISIFEMA/ and.Cal OES to ensure compliance with applieable laws including, but not limited to, thg following; &. Institution of environmental quality control measures under the Arehaeological and Historic Preservation Act, Endanpred Species Act, and Executive Orders on Floodplains (l 1988), and Environmental Justice (EOl289E) and Environmental Quality (EOl l5l4). b. Notifioation ofviolating facilities pursuant to EO I 1738. c. Assurance of project consistencJ with the approved state management program devcloped under the Coastal Zone Management Act of 1972 (16 U.S.C. $ l45l et seq.) d. protection of underground sonces of drinking waer under the Safe Drinking water Act of 1974, as amended, (P.L. 93'523). e. California Environmental Qudity Act (CEQA), California Public Resourccs Code Sections 21080- 2109E, and Califomia Code ofRegul8tions, Title 14, Chapter 3 $$ 15000-15007' f. wild and soenic Rivers Act of 1968 (t6 U,S.C. $ l27l et soq.) related to protecting compon€nB or potential components ofthe national wild and scanic rivers system. g. Applicable provisions ofthe Coastal Barier Rosources Act (P.L. 9?-348) dated October 19, 1982(16- USC $ 35Ol et seq.), which prohibits the expenditurc of most new Federal fun& within the units of thc Coastal Barrier Resources System. 38. Wilt comply with Slandafdized Emelgency Managoment System (SEMS) requfu€menB as star€d in the Califomii Emergency Services Act, GovernmEnt Code, Chapter ? of Division 1 of Title 2, $ E607.1(e) and CCR Title 19, $$ 2445, 2446, 2 447 , and ?44E. 39. Agrees that subgmntees afld subrecipients colhcting Personally ldentifiable InformEtion (PII) must have & priblically-availibte privacy policy that desoribes what PILthey collect, how they plan to use the PII, whether they share PII with third parties, and how individuals may have theit PII corrected where appropriate. Subgrantees and subr€oipients may also find DHS Privacy Impact Assossments, Suidance and templates online at and at respectively. 40, 4t. Agrees that all DHS/FEMA-funded project activities cerried on outsid€ the Ut)ited States arc coondinated as nJcessary with appropriate goveroment authorities and that appropriate licenses, Permits, and approvals aro obtained. Will comply a.lt subgrante training spac guidelines ofthe Pederal Flre Prevontion and Control Will comply with the Preference for U.S. Flag Air Cariers: (air carriers holding certifieates undet 49 U.S,C. $ 4 il02) for interoational air transportation of people and property to the extent that such s€rvice is available, in accordance with the International Air Trarsportation Fair Competitive Practices Act of 1974 (49 U.S.C. $ 40118) and the interpretative guidelinee issued by the ComptrolleJ General of the United States.in th; March 31, l98l amendment to CorRptroller General Decision B 138942. Agrees that all publications created or pubtished with funding under this gant sfrall prominently contain the following statement i "This document was Pepared u o Sront ITon FEMA\ Grant Prograns Directorde, U.S. Deryinent of Homeland Secwtty. Polfis of vlat or opiniou eryftssed in thts docun ent arc ,hose of the qtthors otd do not necess*ily repesent the ofrclal position ot policies of FELtAts Grant prcgtams Directorate or the IJ.S, Departuent of Homeland Security." The recipient alsoagrtes thar, when praiicable, any "quipment purchasod with grant funding shall be prominendy marked as follows: " Purchased with funds provtded by the U.S. Department of Homeland Sec'urity. " Acknowledges that DHS/FEMA reserves a royalty-free, nonexclusiye, and iffevocable license to reproduce, publish, or otherwise ue, and authorize others to use, for Federal govemment purposes: a) the coPyright in any \pork developed under an award or sub-award; and b) any rights ofcopyright to which a reciPient or su6-recipienl purchases ownership with Fed€ral support. The r€cipient must affx the applicable copyright notices of l7 U.S.C. section 40 t or 402 and an aokngwledgement of Covernment sponsorship (including award rumber) to any work first produced under Federal financial assistanoe awards, unless the work 49. 44. includes any information that is otherwise controlled by the Govemmen! (e.g. classified information or other informalion subject to national security or e4port control laws or regulations). The recipient agrees to consult with DHSffEMA and Cal OES regarding the dlocation of any patent rights, that arise from, or are purchased wittu this funding. 45. Recipients receiving Federal financial assistance to be used to perform eligible work aPproved in the submitted application for Federal assistance and after the receipt of Federal financial assistance, through the State of California, agrees to the following: a. Promptly return to the State of California all funds receivd which exceed the approvdd, actual expenditurts aq determined by the Federal or State government. b. [n the event the approved amount of the grant is r.educed, the reimbursement applicable to the amount of the reduetion will be promptly refunded to the State of Califomia' c, Property and equipment purchased under the HSGP reverts to Cal OES ifthe grant funds are deobligated or disallowed and not promptly repaid. d. TISGP funds used for the improvement of real proporty mrst be promptly repaid following deobligation or disa,llowment of costs, and Cal OES reserves the right to place a lien on the property for the amount owed. e. Separately accoturt for iilterest oarned on gant funds, and will return all interest earned, in el(saess of $100 Per Federal Fiscal Year. 46. Understands that recipients Who rec,eive awards made uoder pro$ams thd provide emergency communication eqtripment and its related activities,must comply with the SAFECOM Guidance for Emergeney Communication Grants, inoluding povisions on technical standards that ensure and enhance interoperable communications. 47. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L.E9-544, as amerde( 7 U.S.C. $ 213l et seq") pertaining to the care, handling, and treatrnent of warm blooded animals held for research, teaching,.or other activities supported by this award of aSsistance. 4E. Will comply with the minimum wgge and maximum hour provisions ofthe Federal Fair Labor Standards Act(29 U.S.C. g 201), aS they apply to employees of institrrtions of higher education, hospitals, and other non-profrt organ izations. 49. Agrees that "Classified national secwity information," as defiried in Executivc Order (EO) [2958, as arnended or updated via later exeoutive order(s), means inf,ormation that has been.determined pursuagt to EO 12958 to require proteetion against unauthorizsd disolosure and is marked to indicate is classified status when in documentary form. No funding under ttris award shall be used to support a cohtiact, subaward, or other agreement for goods or services that will include access to classified national security informatioii if the awad recipient has not been approved for and granted ac,cess to such information by appropriate authorities. 50. Agrees that where an award recipient has been approved for and has access to classified.national security information, no funding under this award shall be wed to support a contract, subaward, or other agrcement for goods or services that will inolude aoeess to classified national seourily information by the con.tractor, subrecipient, or other entify without prior wriften approval from the DHS Offic,e of Seourity' Indrxtrial Security Program Branch (ISPB), or, ar appropriate official within the Federal departmertt or agency with nhom the classified effort will be performed. Such contracts, subawards, or other agpements shall be progessed and administered in accordance with the DHS !'Standard Operatiqg Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, t2958, 12968, ard other applioable executive ordersi the National Industrial Security Progam Operating Manual NISPOM); and other applicable implernenting directives or instructions. Security requirement doouments may be looated ah http://www.dhs,eov/xoonbilElr4nts/index,shtm 51. Immediately upon determination by the award recipientthat funding underthis award rnay be used to support a contiact, subaward, or other agreement involving access to classified national security information pursuant to paragraph 47, and prior to execution ofany actions to facilitate the acquisition of such a contract, subaward, or other agreemeftt, tho award recipient shall contact ISPB, and the applicable Federal department or agency, for approval and processing instruotions. DHS Offioe of $ecurity ISPB contact information: Telephone: 202-447'53 46 Email: DD2544dministrativeSecurity@dhs.gov Mail: Department of Homeland Security office of the Chief SecuitY Officer ATTN: AsD/tndusial Security Pmgram Branch Washington, D.C.2052E 52. Will comply with the requirements regarding Data Univenal Numbering System (D[INS) numbers' If recipientj are authorized to make subatrards under this award, they must first-notiff potenlial subrecipients that no €ntity may receive or make a subaward to any entity unless the entity has provided a DUNS number. For purposes of this award term, the following definitions will apply: a. ,.bata Universal NumberingSystem (DUNS)" number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identi$ business entities, A DUNS number m-afbe obtained from D&B by telephone (cunently E66-705.5111) or ttre Internet, currently at http:/fedeov. dnb.oory/. WehfPrm. b. "Effi", as tt ls used in this award term, means all of the following as dcfined at2 CFR part2l, subpart c, as a Governmental organizatioq w an Tribe; or a foreign public entity; or a domestic or foreign foreign for- profiIorganizatlonj or a Federal agency, but o zubaward to a non-Federal entitY, c, ..Subaward" means a legal instrumont to provido support for the per,fonnanoe of any por'tion of the substantive project or piogra, for which you received this award and that you T the recipient award to an eligiblb suUrecipient It does not include your procur€ment of proper{ and services needed to carry out tt r project or progam (for further explanation, see section 210 of the attachment to OMB Circular n-l j3,'!dudits of States, Local Governmenfs, and Non-Profit Organizatloru") and may be provided,tfuough any legal agreement, includi der acontract. d. ;'subrecipient'imeans an entity that reeeives a award, and is accountable to you for'the use ofthe Federal 53. Wilt compty, as applicable, with the ;irovisions of the Davis-Bacon Act (40 U !:C $ 276ato276a-[ the Copeland Act (4OU.S.C. g 276c and 18 U.S.C. $ 8?4), and the Contract Work Hotus and Safety Standards eci (+O U.S.C. $$ 327-333), regarding labor standards for Federally-assisted construction sub-agreements. 54. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applioable terms of the California Disaster and Civil Defense Master Mutual Aid Agriement, in consultation with representatives oftho various ftre, emergency medical, hazardous miterials rcsponse services, and law enforcement agencies within the jurisdiction of the applicant, and deployed with personnel trained in the use of such equipment in a manner oonsistent wiitr ttre California Lav Enfor-cement Mutual Aid Plan or the CaliforniaFire Servicos and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Stratery and will be deployed in conformance with that Strategy. 55. Will comply with Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents. The adoption of the National IncidentManagem€nt System (NIMS) is a requirement to rcceive Federal preparedness assistance, through grants, contracts, and other activities. The NIMS Provides a consistent Page s nationwide template to enable all levels ofgovernment, tribal nations, nongovernmental organizations, and private sector partners to work togsther to prevenl, protect against, respond to, recover from, and mifigate the effects of incidents, regardless of eausd, siu, location, or complexity. 56. Will comply with OMB Standard Form 4248 Assurances -Non constuction Plogrars, whereby the awarding agency may require subgrantees and subrecipients to certiff to additional assuraRc€s. 57. Will not make any award or permit any award (subgrant or contract) to any pa-rty which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive ffier 12549 and 12689, *Debament and Suspension," As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospectlve participants in prirnary covered transactions, the applicant will provide protection against waste, fraud and abuse, by debaring or swpending those persons deemed irrespomible in theirdeatingS with the Federal govemrnent. Applicant oeftifies that it and its principals: a. Are not presently debarred, suspen&d, proposed for debarmerrt declared ineligible, sentenced to a denial of Federal benefib by a State or Federal oourt, er voluntarily sxcluded from covered tramactions by any Federal department or agenoy. b. Have not within a ttrree-year period preceding this application been convicted of or had a civil judgrnent rendbred against them forsommission of fraud or a criminal offense in conneotionwith bUtiining, attemptingto obtairu or pcf,oqming a publie (Federal, State, or local) transaction or contrast under a'pubJ-ic transaction, violation of federal or State antitrut statutes or commission of embezlemerrt, thefl, forgery, bribcry, falsification or destruction of records, making false statoments, or neceiving stolen propertY. c. Are not presentty indicted for or otherwise criminally or civilly charged by a governmontal onti$ (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (lXb) of this certification; and have not within athree-year period preceding this application had one or rnore public transactions (Fcderal, State, or local) terminated for cause or default; and d. Where the app.licant is unable to cedff to any of the statements in this certification, he or she shall attach an explanation to this applioation" 58. Will comply with requiroments to acknowledge Federal firnding whon issuing statements, press releases, reguests for proposals, bid invitations, and other doc.uments desoribing projects or programs funded in whole or in part with Federal funds. 59. Will obtain, via Cal OES, the prior approval from DHS on any use ofthe DHS sea(s), logos, crests or reproduotions of flags or likenesses of DIIS ag€ncy officials, includirguse of the_United S1ates Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard offrcials. 60. Will comply with the requirements of the Drug-Free Workpldce Act of l98E (41 U.S.C. $ 701 et soq), which requiros that dl organizations receiving grants from any Federal agency aglee to mainhin a drug-froe workplaoe. The reoipient must notiff the avarding office lf an employee of tho recipient is_convictedof viobting a criminaldrug statute. Failure to co.mply with these reiluirements may be Cause fordebarment. These regulations are codified at 2 CFR 3001. Gl. Will comply with the requirements of the government-wide award term whioh implements Seotion 106(9) of the Traffioking Victims Protection Act(IVPA) of 2000, as amended (22 U.S.C, $ 7104), located at 2 CPR Part 175. This is irnplemented in acoordance with OMB Interim Final Guidance. Fedpral Registe4 Volume 72, No, 218, Nwembet 13,2007-ln aecordance with Seotion I06(g) of lhe TVPA, as amended, requires the agency to include a condition that authorizes the agenoy to terminate the award, without penalt5r, if the recipient or a subrecipient engages in severe forms of trafticking in persons during the period of time that the award is in effect, procu&s a cornmercial se:( ast during the period of time that the award is in effect, or usies f,orced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR $ 175. 15. 62. Will comply with Title VI of the Civil Rights Act of 1964 prohibition against,discrimination on the basis of national origin, which reqtrires that recipients of federal financial assistance take reasonable steps to provide meaningful accgss to their progftLms and services. Meaningful access may entail providing language assistance services, including oral and written tanslation, where necessary. Rocipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and actlvities. Recipient shall comply with DHS Guidance to Federal Financial Assistance Recipients Regarding Title Vl Prshibition Against National Origin Discrimination Affbcting Limited English Proflcient Persons, 76 Fed, Reg, 21755-21768 (April 18, 201l), resulting from Executive Order 13166, For assistanoe and information regarding LEP obligations, refer to DHS ReciPient Guidance al agceFs-peop te" ti{niled and additional resources on h!!p /lUwry. lep' gpl. 63. \rdilt comply with the requirements of 42 U.S.C. $ 7401 et seq. and Executive Order I 1738, whioh provides for the protection and enhancement of the quality of the nation's air resources to:prcmote public health and welfare and for restoring and maintaining,ll" chemical, physical, and biological integrity of the nation's waters is considered researoh for other purposes. 64. Will comply with the requirements of the Federal regulations at 45 CFR Part 46 and the requirements in DHS Management Directive 026-04, Protectisn of Human Subjecls, prior to implementing any work with human subjects. The regulations speoif additional protections for research involving human fetuses, pregnant wbmen, and neonates (Subpart B); prisoners (Subpart C); and ohildren (Subpart D). The use of autopsy materials is governed by applieable State and local law and is not directly regulated by 45 CFR Part 46. 65, Will comply withthe requirements of the National Environmentat Policy Act (NEPA), as amended" 42 U.S,C. $ 4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant-supported activities, DHS requiros the environmental aspects of construotion grants (and certain non-construction projecb as specified by the Component and awarding office) to be reviewed and evalualed before final action on the aPplication. 66. Will compty wittr the requiremonts of section 1306(o) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for denrolition or relocation of a structure insured under the Act that is located along the shore of a lako or other body sf water and that is certified by,an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at zt4 CFR Part 63. 67. Witl comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. $ 4001 et seq,), which provides that no Federal financial assistance to aoquirg rnodernize, or construct properfl rnay be provided in identified flssd.prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purohased within one year of the identification. The flood insurance purchase requirement apBties to both public and private applicants for DHS support. Lists of flood-prone areas that ue eligible for flood insurance are published in the Federal Register by FEMA. 68. Will compty with the requirements of Executive Order I 1990, which provides that federally-funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, in turtherance of section l0l(b)(3) of NEPA (42 U.S.C. $ 4331(bX3)), Federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head ofthe agency finds that there is no practicable alternative lo such construciion, and that the proposed aetion includes all practicable measures to minimize halm to u/etlands that may result from such use. in making this finding, the head ofthe agency may take into accouttt economic, environmental, and other pertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construotion in wetlands. This is codified at 44 CFR Part 9. 69. Will oomply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends l8 U.S.C. $.S 175-175c- Among other things, it prescribes criminal penalties for possossion of any biological agent, toxin, or delivery systern of a type or in a quantity that is not reasonably jtstified by a prophylactic, protectivg bona fide resealch, or other poacetul purpose. The act also ostablishes restrictions on access to spesified mderials. "Restricted persong" as defined by the ac! may not poss€$;, ship, transport, or receive any biological agent or toxirt that is listed as a select agent. 70. Understands the reporting of subawards and executive cornpensdion rules, including first tier subawards to Cal OES. a. Applioabilitf. Unless you are exempt as provided in paragraph d. of this award.term, you must report eaoh actionthat obligates $25,000 or more in Federal funds that does not inelude Recovery funds (as defined in section l5l2(a)(2) of the American Recovery and Reinvestment Act of 2009; b. Whep and when to report; you must report on each obligaing action desciibed in the following paragapts to Cal OES. For subaward information, r'eport no laer'than thd end of the month following the month in which the obligatioil was made. (For example' if tlrc obligation was made on Novembir 7,}Ol3,the obligation ,g51,fe;reported by no later than December 31, 2013.) c. What to report: You must roport the information about eaoh obligating action that the submisSion instructions posted in lnformation Bulletin 350, to Cat OES. To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at . Subgrantees must report subrecipient executive total conpensation to Cal OES by the eM of the month following the month during which you make the subaward. Exemptions include: lf, in the previous ta,r yoar, you had gross income, from all sources, under $300,000, you are exempt from the req-uirements to report on subawards, and the total compensation of the five most highly cornpensated sxgcutiveii of any subrccipient. d. ReBorting Total Compensation of Recipient Executives: You must i'eport total compensation for eaoh ofyopr five rnost highly compensated executives for the preceding completed fiscal year, if i, the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received 80 percent or more ofyout annual gross revenues from Federal proourement contracts (and subeontraots) and Federal financial assistance subject to the Trranspar€ncy Act, as defined at 2 CFR $ 170.320 (and subawards); and $25,000,000 or more in annual gross revbnues fiom Federal procurernent contracts (and subconttacts) and Federal financial assistance srrbjectto the Transparency Act, as defined at 2 CFR $ 170.320 (and subawards); ard iii. The public does not have access b informatign about the compensation of the executives through poriodic reports filed under Section l3(a) o,r l5(d) of the Securities Exchange Aot of I934 (15 U,S.C. $$ 78m(a), 780(d)) or $ 6104 of the Inlernal Revenue Code of 1986, (To determine if the public has access to the oompensation information, see the U.S. Security and Exchaoge Commission total compensdion filings at h.tto ://wu{rv. s.ec. goy/qr:swers/gxe$rfnP.hIm. ) iv. Subrecipient Executives. Unless you are exempt as provided above, for each fust-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highty compensated exocutives for the subrecipient's preceding completod fiscal year, if in the subrecipient's preceding fiscal year, the subreoipient received 80 percent or more of its annual grpss rtvenues from Federal procurement contracb (and subcontracts) and Federal financial assistanqe subjectto the Transpar_ency Act, as defined at 2 CFR $ 170.320 (and subawards); and $25,000,000 or morc in annual gross revenues from Federal procurement cohtracts (and sirbcontraots), and Federal -_Page ll Initials*(;[- financial assistance subject to the Transparency Aot (and subawards); and tho public does not have access to informatlon about the compensation ofthe executives tfuough periodic r€ports filed undor section l3(a) or l5(d) of the Secudties Exohange Act of 1934 ( l5 U.S.C. $$ 78m(a), 78'o(d)) or $ 6104 oftho lnternal Revenue Code q'f 1986. ?t. Underst nds that failUE to e,itmply with any of tlioso assurances mEy rEduh in sultpqFion, tErminatioq or reduction of gart funds. ?2. The rurdersigned reprEsents that hdsh€ is authotized by the above narned applicant to enter into this agreement for and on behalf ofthe said applicant, Signaflue of Authorized Agent: Printed Name of Authorized Ageot:Alisa Finsten Director of Grants and Finance October 28,2014 Page l2 EXHIBIT F U.S. DepanTMENT oF HoMELANo Secunlrv FUNDTNG Opponruxrry Aulrounceuexr (FOA) FY 2014 Houeuno Secunrw Gnaur pRocRAM (HSGP) OveRvrew INFoRMATIoN Issued By U.S. Departnent of Homeland Security (DHS): Federal Emergency Management Agency (FEMA) Catalog of Federal Domestic Assistance (CFDA) Number 97.067 CI'DATitle Homeland Seourity Grant Program Program Title Homeland Security Grant Program Authorizing Authority for Program Section 2002 of The Homeland Sectrity Act of 2002, as amended @ub. L. No. 107 -296), (6 u.s.c. $ 603) Appropriation Authority for Program The Departtnent of Homeland Sec-wity Applopriations Act, 20 I 4 (Ptb. L. No. I I 3-76) FOA Number DHS- l 4-GPD-067-000-0 I Key Dates and Time Application Start Date: 0311812014 Application Submission Deadline Date: 05123D014 at l1:59:59 p.m. EDT Anticipated Funding Selection Date: 07126D014 Anticipated Award Date: No later than 09130114 Other Key Dates Period of Performance Start Date: 0910112014 Period ofPerformance End Date: 08/3112016 Intergovertr mental Review An intergovemmental review may be required. Applicants must contact their State's Single Point of Contact (SPOC) to compty with the State's process under Executive Order 12372 (*e http : //www.fws.gov/plicy/librayhgeo I 2j7 2.pdfl . Name and addresses of the SPOCs are 1 FY 2OI4 HSGP FOA maintained at the Office of Management and Budget's home page at http : f/www.\tthite house. sov/omb/grants_spoc to ensure currency. 2 FY 2OI4 HSGP FOA FOA Execurrve Summnnv The FY 2014 HSGP plays an important role in the implementation of the National Preparedness System by supporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of govemment, organization, or community, but rather, require the combined effort of the whole community. The FY 2014 HSG? supports core capabilities across the five mission areas of Prevention, Protection, Mitigation, Response, and Recovery based on allowable costs. HSGP is comprised of three interconnected grant programs: . State Homeland Security Program (SHSP) . Urban Areas Security Initiative QaSfl. Operation Stonegarden (OPSG) Together, these grant progrcms fund a range of preparedness activities, including planning, organization, equipment purchase, training, exercises, and management and administration. Funding Category Continuing Date of Origin for Program 1v25D002 Type of Funding Instrument SHSP and UASI are mandatory grants; OPSG is a discretionary gtant Application Process The Department of Homeland Security makes all funding opportunities available through the common electronic "storefront" Grants.gov, accessible on the [nternet at http://Vww.srants.gov. For details on how to apply through grants.gov, please read Section IX, "How to Apply." Eligible Applicants State governments 3 FY 2OI4 HSGP FOA FuI-I. FuT.IoIt.IG OPPoRTUNtw ANNoUNcEMENT Funding Opportunity Description .{. Program Summary The FY 2014 HSGP is comprised of three interconnectod gmnt programs: . State llomeland Security Program (SHSP): SHSP supports the implementation of risk driven, capabilities-based State Homeland Security Strategies to address capability targets set in Urban Area, State, and regional Threat and Hazard Identification and Risk Assessments (THIMs). The capability targets are established during the THIM process, and assessed in the State Preparedness Report (SPR) and inform planning, organization, equipment, raining, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events.. Urban Areas Security Initiative (UASI): The UASI program addresses the unique risk driven and capabilities-based planning, organization, equipmen! training, exercise needs, ofhigh-threat, high-density Urban Areas based on the capability targets identified during the THIRA process and associated assessment efforts, and assists them in building an enhanced and sustainable capacity to prevent, protect against, mitigate, respond to, and recover from acts of terrorism.. Operation Stonegarden (OPSG): OPSG supports enhanced cooperation and coordination among local, Tribal, territorial, State, and Federal law enforcement agencies in ajoint mission to secure the United States' borders along routes of ingress from intemational borders to include travel oonidors in States bordering Mexico and Canada, as well as States and territories with international water borders. All three programs arp founded on riskdriven, capabilities-based strategic plans. These strategic plans outline capability requirements and inform how available frrnding may be applied to manage risk. For these plans to be effective, govemment officials and elected leaders, working with the whole community, must consider how to sustain current capability levels and address potential gaps to prevent, protect, mitigate, respond to, and recover from acts of terrorism and other disasters. B. Program Priorities The National Preparedness System is the instrument the Nation employs to build, sustain, and deliver core capabilities in order to achieve the National heparedness Goal (the Goal) of a secure and resilient Nation. Complex and far-reaohing threats and hazards require a collaborative and whole community approach to national preparedness that engages individuals, families, communities, private and nonprofit sectors, faith-based organizations, and all levels of govemment. The guidance, programs, prooesses, and systems that support each component ofthe National Preparedness System allows for the integation ofpreparedness efforts that build, sustain, and deliver core capabilities and achieve the desired outcomes identified in the Goal. The purpose of the HSGP isto prevent terrorism and to prepare the Nation for the threats and hazards that pose the 4 FY 2014 HSGP FOA greatest risk to the security ofthe United States; therefore, HSGP funded investnents must have a terrorism-nexus, To evaluate National progress in building, sustaining, and delivering the core capabilities outlined in the Goal, FEMA annually publishes the National Preparedness Report (NPR). Looking across all 3l core capabilities outlined in the Goal, the NPR provides a National perspective on critical preparedness trends for whole community partners to use to inform program priorities, allocate resources, and communicate with stakeholders about issues of shared concem. Grantees are expected to consider National areas for improvement identified in the 2013 National Preparedness Report, which include cybersecurity, recovery-focused core capabilities, the integration of individuals with access and functional needs, enhancing the resilience of infrastructure systems, and maturing the role of public-private partnerships. Addressing these areas for improvement will enhance preparedness Nation- wide. In addition, the Department ofHomeland Security expects grantees to prioritize grant funding to address gaps identified through the annual SPR in achieving capability targets set through the annual THIRA. These assessments identiff the jurisdictions' capability targets and current ability to meet those targets. Grantees should prioritize grant funds to increase capability for high-priority core capabilities with low capability levels. Minimum funding arnounts are not prescribed by the Departrnent for these priorities; however, gfimtees are expected to support state, local, regional, and National efforts in achieving the desired outcomes of these priorities. Appendix B also includes other areas where funding can be applied to shengthen preparedness efforts. Funding Information A. Available funding for the FQA $1,043,346,000 For details on program-specific funding amounts, refer to Appendix A - FY 2014 Program Allocations. Period of Performance Twenty-four (24) months 5 FY 2OI4 HSGP FOA HSGP Programs FY 2014 Allocation State Homeland Security Program 401,346,000 Urban Areas Securitv lnitiative 557,000,000 Operation Stonegarden $s5,000,000 Total $1,043.346,000 C. Extensions to the Period of Performance Extensions to the period of performance will be considered only through formal rcquests to FEMA with specific and compelling justifications as to why an extension is required. Agencies should rcquest extensions sparingly and expect extensions to be granted only under exceptional circumstances. For additional information on period of performance extensions, refer to Information Bulletin (IB) 379 located at D. Risk Methodolory Based upon the requirements of rfte Homeland Security Acl of 2002, as amended, DHS continues to inform final grant allocation decisions based upon risk. DHS defines risk as: "potential for an unwanted outcome resulting from an incident, event, or occurrence, as determined by its likelihood and the associated consequences" (see . DHS utilizes a comprehensive risk methodology focused on thrce principal elements:. Threat -likelihood of an attack being attempted by an adversary;c Vulnerability - likelihood that an attack is successful, given that it is attempted; and. Consequence - effect ofan event, incident or occurence The risk methodology determines the relative risk of trerrorism faced by a given area. It takes into account the potential risk of tenorism to people, critical infrastructure, and economic security. The threat analysis continues to account for threats from domestic violent extremists as well as intemational terrorist groups and those individuals inspired by terrorists abroad. SHSP Allocations FY 2014 SHSP funds will be allocated based on three factors: minimum amounts as legislatively mandated, DHS' risk methodology, and anticipated effectiveness of proposed projects. The anticipated effectiveness is assessed based on the applicant's description ofhow the proposed projects, as outlined in the Investment Justification (U), align with the State TIIIRA and SPR results, Each State and territory will receive a minimum allocation under SHSP using the thresholds established in the Homeland Security Act of 2002, as amended. All 50 States, the District of Columbia, and Puerto Rico will rcceive 0.35 percent ofthe total funds allocated for grants under Section 2003 and Section 2004 ofthe Homeland Security Act of 2002, as amended. Four territories (American Samoa, Guam, the Northem Mariana Islands, and the U.S. Virgin Islands) will receive a minimum allocation of 0.08 percent ofthe total funds allocated for grants under Section 2003 and 2004 of the Homeland Security Act of2002, as amended. For details on pro$am-specific funding amounts, refer to Appendix A - FY 2014 Program Allocations. UASI Allocations FY 2014 UASI funds will be allocated based on DHS' risk methodology and then on anticipated effectiveness ofproposed projects. The anticipated effectiyeness is assessed based on the applicant's desoription ofhow the proposed projeots, as outlined in the IJ, align with the Urban Area THIRA. Eligible candidates for the FY 2014 UASI program 6 FY 2OI4 HSGP FOA have been determined through an analysis of relative risk of terrorism faced by the 100 most populous metropolitan statistical areas (MSAs) in the United States, in accordance with the Homeland Security Act of 2002, as amended. Detailed information on MSAs is publicly available from the United States Census Bureau at . For details on program-specifio funding amounts, refer to Appendix A - FY 2014 Program Allocations. OPSG Allocations FY 2014 OPSC funds will be allocated based on risk-based prioritization using a U.S. Customs and Border Protection (CBP) Sector-specific border risk methodology. Factors considered include, but are not limited to: threat, wlnerability, miles of border, and other border-specific "law enforcement intelligence," as well as feasibility of FY 2014 Operation Orders to designated localities within the United States Border States and territories. For details on program-specific funding amounts, refer to Appendix A - FY 2014 Program Allocations. lll. Eligibilitylnformation A. Eligibility Criteria All 56 States, territories and Commonwealths are eligible to apply for SHSP funds. For those States, tenitories and Commonwealths that are eligible for UASI and/or OPSG funds, the State Administrative Agency (SAA) is the only entity eligible to submit applications to FEMA on behalf of UASI and OPSG applicants. Eligible sub-recipients under the FY 2014 OPSG are local units of govemment at the county level and Federally-recognized Tribal governments in the States bordering Canada, States bordering Mexico, and States and territories with intemational water borders. All applicants must have active ongoing CBP operations coordinated through a sector oftice. Eligible States and territories with a county or similar level of govemment structure are authorized to accept applications on behalfof the altemative unit of local govemment. SAAs in this situation must advise FEMA in writing as to their intent to aPply. i. Cost Share./Match A cost share/match is not required under this Program. ii. Maintenance of Effort Maintenance of effort is not required under this Program. iii, Pass Through Funding The SAA must obligate at least 80 percent (80%) ofthe funds awarded under SHSp and UASI to local units of govemment within 45 days of receipt of the funds. If receiving OPSG funds, the recipient must pass through 100 percent (100%) of OpSG allocations to eligible jurisdictions. For States withholding Management and Administration M&A costs, please refer to Section IV, A, ii on M&A for how to calculate percentage pass through funds. 7 FY 2014 HSGP FOA iv. Other Eligibility Requirements Emergency Managemenl Assislance Compact @LIAC) Membership In support of the Goal, grantees must belong to, be located in, or act as a temporary member of EMAC, except for American Samoa and the Commonwealth of the Northem Mariana Islands, which are not required to belong to EMAC at this time. Atl assets supported in part or entirely with FY 2014 HSGP funding by States, territories, and Tribes must be readily deployable to support emergency or disaster operations per existing EMAC agteements. In addition, funding may be used for the sustainment of core capabilities that, while they may not be physically deployable, support national response capabilities such as Geographic/Geospatial Information Systems (GIS), interoperable communications systems, capabilities as defined under the mitigation mission area of the Goal, and fusion centers. National Incident Managemenl Syslem (NIMS) Inpkmentation Prior to allocation ofany Federal preparedness awards in FY 2014, grantees must ensure and maintain adoption and implementation of NIMS. Emergency management and incident response activities require carefully managed resources (personnel, teams, facilities, equipment and/or supplies) to meet incident needs. Utilization ofthe standardized rcsource management concepts such as typing, inventorying, and cataloging promote a strong national mutual aid capability needed to support delivery ofcore capabilities. Additional information on resource management and national Tier I NIMS Resource Types can be found at ht 8t : //w ww. fe ma. sov /r e s o ur c e -m anase me n t. FEMA developed the NIMS Guideline for Credentialing of Personnel to describe national credentialing standards and to provide written guidanoe regarding the use of those standards. This guideline describes credentialing and typing processes, and identifies tools which Federal Emergency Response Officials (FEROs) and emergency managers at all levels ofgovemment may use both routinely and to facilitate multijurisdictional coordinated responses. Although State, local, Tribal, and private sector partners-including nongovemmental organizations-are not required to credential thcir personnel in accordance with these guidelines, FEMA strongly encourages them to do so in order to leverage the Federal investment in the Federal Information Processing Standards (FIPS) 201 infrastructure and to facilitate interoperability for personnel deployed outside their home jwisdiction. Additional information oan be found at Emergency Operulion Plan (EQP) Grantees must update their EOP at lesst once every two years to comply with Comprehensive Preparedness Guide (CPG) l0l version 2.0, Developing and Maintaining Emergency Operations P/ars. Grantees will use the State Prepare&ress Report (SPR) to report their compliance with this rcporting requirement. 8 FY 2OI4 HSGP FOA Threul and Hawrd Identificalion and Risk Assessment (THIM) Grantees must update their THIRA by December 31,2014. Further details on the THIRA as it relates to HSGP Program requirements can be found in Appendix B - FY 2014 HSGP Program Priorities. For additional guidance on THIRA, please refer to CPG 201, Second Edition, available at hup://ww.fema.eov/plan. Slate Preparedness Report (SPR) The SPR is an annual capability assessment. The Post-Katina Emergency Management Reform Act of 2006 (PKE-MM) requires an SPR from any strte/territory receiving federal preparedness assistance administered by DHS. Each state submits an annual SPR to FEMA. Refer to Appendix B - FY 2014 HSGP Program Priorities for additional guidance on SPR requirements. lV, FundingRestrictions A. Restrictions on Use of Award Funds Federal funds made available through this award may only be used for the purpose set forth in this award and must be consistent with the statutory authority for the award. Award funds may not be used for matching funds for any other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the federal government or any other govemment entity. For additional details on restrictions ofthe use of funds, refer to Appendix C - FY2OI4 HSGP Funding Guidelines. i. Pre.award Costs Pre-award costs are allowable only with the written consent of DHS and if they are included in the award agreement. ii. Direct Costs Management and Administration (M&A) Management and administration (M&A) activities are those directly relating to the management and administration of HSGP funds, such as financial management and monitoring. A maximum of up to five percent (5%) of HSGP funds awarded may be retained by the State, and any funds retained are to be used solely for M&A purposes associated with the HSGP award. Sub grantees may also retain a maximum of up to five percent (5%) offunding passed through by the State solely for M&A purposes associated with the HSGP award. A State's HSGP funds for M&A calculation purposes includes the sum total of its SHSP, UASI, and, where applicable, OPSG awards. While the SAA may retain up to five percent (5%) of this total for M&A, grantees must still ensure that all sub-grantee award amounts meet the mandatory minimum pass through requirements which arc applicable to each HSGP ptogram. To meet this requirement the percentage of I FY 2OI4 HSGP FOA SHSP, UASI and OPSG funds passed through to local jurisdictions must be based on the State's total HSGP award prior to withholding any M&A. For additional information on SHSP and UASI M&A, refer to IB 365. For additional clarification on OPSG M&A, refer to FEMA Policy FP-207 -087 -1. These documents can be found at !u!!91!ig and http: //www.fema.oov/librarvhieta, Record.do? id=7837, respectively. Planning Planning related costs are allowed under this program. Organization Grantee organization costs for carrying out the grant's programmatic activities are allowed under this program. Eqaipment Equipment costs are allowed under this program. Training Training related costs are allowed under this program. Exercises Exercise related costs are allowed under this program. Travel Domestic Domestic travel costs are allowed under this pro$am. International Intemational travel is not an allowable cost under this program unless approved in advance by FEMA. Construction and Renovalion Construction and renovation costs are allowed under this program. Operational Overlime Operational Overtime costs are allowed under this program. Maintenance and S astainment Maintenance and sustainment costs are allowed under this program. Crltical Emergency S applies Critical emergency supply related costs are allowed under this program. iii. Indirect Costs Indirect costs are allowable under this program, but only if the applicant has an approved indirect cost rate agreement with the cognizant Federa[ agency. A copy of 10 FY 2OI4 HSGP FOA the approved rate (a fully executed, agreement negotiated with the applicant's cognizant federal agency) is required at the time ofapplication. iv. Other Cost Requirements Consolidalion of Law Enforcement Tefforism Prevention Activities (LETPA) Per section 2006 ofthe Homeland Security Act of2002 @ublic Law 107-296), as amended, (6 U.S.C. $ 607), States are required to ensure that at least 25 percent (25%) of the combined HSGP funds allocated under SHSP and UASI are dedicated towards law enforcement terrorism prevention activities. The LETPA allocation can be from SHSP, UASI or both. This requirement does not include award funds from OPSG. Please refer to Appendix A - FY 2014 Program Allocations for LETPA minimum allocations for SHSP and UASI by jurisdiction. The National Prevention Framework describes those activities that should be executed upon the discovery of intelligence or information regarding an imminent threat to the homeland, in order to thwart an initial or follow on terrorist attack, and provides guidance to ensure the Nation is prepared to prevent, avoid, or stop a threatened or actual act of terrorism. Activities outlined inthe National Prevention Framework arc eligible for use of LETPA focused funds. In addition, where capabilities are shared with the protection mission area, the National Protection Framework activities are also eligible. Other terrorism prevention activities proposed for funding under LETPA must be approved by the FEMA Administrator. SHSP and UASI Pass-Through Requhements Awards made to the SAA for HSGP carry additional pass through requirements. Pass through is defined as an obligation on the part ofthe States to make funds available to local units of govemment, combinations of local units, or other speoific groups or organizations. The State's pass through requirement must be met within 45 days of the award date. Four requirements must be met to pass tkough grant funds: o There must be some action to establish a firm commitnent on the part of the awarding entity;o The action must be unconditional on the part of the awarding entity (i.e., no contingencies for availability of SAA funds);o There must be documentary evidence of the commitment; ando The award terms must be communicated to the official grantee The SAA must obligate at least 80 percent (80%) ofthe funds awarded under SHSP and UASI to local units of government within 45 days of receipt of the funds. The signatory authority ofthe SAA must certiS/ in writing that these obligations have been met. A letter of intent (or equivalent) to distribute funds is not considered suffrcient. Award sub-recipients must receive their funds within 45 days from the date the funds are first made available to the grantee so that they can initiate implementation of approved investrnents. For the Commonwealth of Puerto Rico, the SAA must also obligate at least 80 percent (80%) ofthe funds to local units of 11 FY 2OI4 HSGP FOA govemment within 45 days of receipt of the funds. For SHSP awards, no pass through requirements will be applied to the District of Columbia, Guam, American Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northem Mariana Islands. Any UASI funds retained by the SAA must be used to dircctly support the designated Urban Areas in the State. Under SHSP, the State may retain more than 20 percent (20%) of SHSP funding for expenditure made by the State on behalfofthe local unit(s) of government. This may occur only with the written consent of the local unit of govemment, with the written consent specifying tle amount of funds to be r€tained and the intended use of funds. Ifa written consent agreement is already in place from previous fiscal years, FEMA will continue to recognize it for FY 2014. Ifany modifications to the existing agreement are necessdy to reflect new initiatives, States should contact their assigned FEMA Program Analyst. If UASI funds are used by the SAA in support of the Urban Area, the SAA must propose an Investrnent describing how UASI funds will be used by the SAA to directly support the Urban Area. OPSG Pass-Through Requirement The recipient must pass through 100 percent (100%) of OPSG allocations to eligible jurisdictions. The recipient is prohibited from obligating or expending funds provided through this award until each unique and specific county level or equivalent Operational Order/Fmgmentary Qperations Order with an embedded estimated operational budget has been rcviewed and approved through an oflicial eleotronic mail notice issued by FEMA removing this special programmatic condition. Funds Transfer Reslriction The recipient is prohibited from hansfening funds between programs (includes SHSP, UASI, and OPSG). Grantees are allowed to submit an Investment/project where funds come from multiple funding sources (i.e., SHSP/IJASI); however, grantees are not allowed to divert funding from one program to another due to the risk-based funding allocations, which were made at the discretion of DHS. For additional details on restrictions on the use offunds, refer to Appendix C - Funding Guidelines. Environmental Planning and Historic Presenation @HP) Compliance As a Federal agency, FEMA is required to consider the effects of its actions on the environment and/or historic properties to ensure that all activities and programs funded by the agency, inoluding grants-funded projects, comply with Federal EHP regulations, laws and Executive Orders as applicable. Grantees and sub-grantees proposing projeots that have the potential to impact the environment, including but not limited to construction of communioation towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement offacilities, must participate in the FEMA EHP review process. The EHP review process involves the submission ofa detailed project description that 't2 FY 2OI4 HSGP FOA explains the goals and objectives ofthe proposed project along with supporting documentation so that FEMA may determine whether the proposed project has the potential to impact environmental resources and,/or historic properties. In some cases, FEMA is also required to consult with other regulatory agencies and the public in order to complete the review process. The EF{P review process must be completed before funds are released to carry out the proposed project. EIIP Policy Guidanoe can be found in FP 108-023-1, Ewirorunental Planning and Historic Preservation Policy Guidance, at hltp://wwv!.lema.gov/ryredid- I i b r artt / a s s e t s / do c ume nt s /8 5 3 7 6. SAFECOM Grantees (including sub-recipients) who receive awards under HSGP that wholly or partially provide funding for emergency communication projects and related activities should comply with the most recent version of the Sl FECOM Guidance on Emergency C ommunic ati ons Grants, htqt://www.sqfecomprosram.?oviy'srant/Defgult.aspl. This guidance provides recommendations to grantees regarding interoperable emergency communications projects, including allowable costs, eligible activities, grants management best practices for emergency oommunications grants, and information on technical standards that ensure greater interoperability. The guidance is intended to €nsure that Federally-funded investments are compatible, interoperable, and support the national goals and objectives for improving emergency communications nationwide, Grantees (including sub-recipients) investing in broadband-related investrnents should review Bfoadband-Related Expenditures and lwestments. and consult their FEMA Headquarters Program Analyst on such Investrnents before developing applications. V. Application Review Informetion and Selection Process A. Application Revien,Information FY 2014 HSGP applications will be evaluated through a review process for completeness, adherence to programmatic guidelines, and anticipated effectiveness ofthe proposed Investments. The results from the review process may require applicants to revise submissions before the release of HSGP funding. i. SHSP and UASI FEMA will verify compliance with all administrative and eligibility criteria identified in the application kit, to include the required submission of risk driven, capabilities- based IJs by the established due dates and verification of alignment to Urban Area, State, and regional THIRAs; SPRs; and national priorities. State and Urban Area Homeland Security Strategies will also be examined for further context regarding current capability levels and how Us address potential gaps to prevent, protect, mitigate, respond to, and recover from acts of terrorism and other disasters. FY 2014 SHSP and UASI are non-competitive programs. For additional information on FY 2014 SHSP and UASI allocations, refer to Appendix A - FY 2014 Program Allocations. 13 FY 2OI4 HSGP FOA ii. oPsG Applications will be reviewed by the SAA and U.S. Customs and Border Protection (CBP)/Border Patrol @P) Sector Headquarters for completeness and adherence to programmatic guidelines and evaluated for anticipated feasibility, need, and impact of the Operations Orders. FEMA will verify compliance with all administrative and eligibility criteria identified in the FOA and required submission of Operations Orders and Inventory of Operations Orders by the established due dates. FEMA and CBP/BP will use the results of both the risk analysis and the Federal review to make recommendations for funding to the Secretary of Homeland Security. FY 2014 OPSG funds will be allocated competitively based on risk-based prioritization using a CBP Sector-specific border risk methodology. Factors considered include, but are not limited to: threat, vulnerability, miles of border, and otler bonder-specific "law enforcement intelligence," as well as feasibility ofFY 2014 Operation Orders to designated localities within the United States border States and territories. For details on progam-specific funding amounts, please refer to Appendix A - FY 2014 Program Allocations. Federal Award Administration Information A, Notice of Award Notification of award approval is made through the ND Grants system through an automatic electronic mail to the awardee authorized official listed in the initial application. The date of approval of award is the "award date." The awardee should follow the directions in the notification to accept the award. Grantees must accept their awards no later than 90 days from the award date. The grantee shall notifo the awarding agency of its intent to accept and proceed with work under the award, or provide a written notice of intent to decline. Funds will remain on hold until the grantee accepts the award through the ND Grants system and all other conditions of award have been satisfied, or the award is otherwise rescinded. Failure to accept the gant award within the 90 day timeframe may result in a loss of funds. B. Administrative and Federal Financial Requirements Before accepting the award, the authorized oftioial should carefully read the award package for instructions on administering the grant award and terms and conditions associated with responsibilities under Federal awards. Grantees must accept all conditions in this FOA as well as any Special Terms and Conditions in the Award package to receive an award under this program. i. Standard Terms and Conditions 14 FY 2OI4 HSGP FOA All successful applicants for all DHS grant and cooperative agreements are required to comply with DHS Standard Administrative Terms and Conditions available at: httoq://www.dhs.gov/publicati.gn/fvl4-dhs-standardlerms-and-conditions. ii. Payment FEMA utilizes the FEMA Payment and Reporting System (PARS) for financial reporting, invoicing and tracking payments. Additional information can be obtained at DHS/TEMA uses the Direct Deposit/Electronic Funds Transfer @D/EFT) method of payment to recipients. To enroll in the DD/EFT, the recipient must complete a Standard Form I 199A, Direct Deposit Form. Reporting Requirements Awardees are required to submit various financial and programmatic reports as a condition of their award acceptance. Future awards and funds drawdown may be withheld if these reports are delinquent. i. Financial and Compliance Audit Report For audits offiscal years beginning on or after December 26, 2014, recipients that expend $750,000 or more from all federal funding souroes during their fiscal year are required to submit an organization-wide financial and compliance audit report. The audit must be performed in accordance with the requirements of GAO's Govemment Auditing Standards, located at htto://www,gqo.pov/govaud/vbk01.|tm. mdthe requirements of Subpart F of 2 C.F.R. Part 200, locatd at http://www.ecfr.sov/cgi- bin/tpxt- idx?SID=55e12eeadS65605b4d529d82t1276105c&node=2: 1.1.2.1.1.6tuon=div6. For audits offiscal years beginning prior to December 26, 2014, recipients that expend $500,000 or more from all federal funding sources during their fiscal year are required to submit an organization-wide frnancial and compliance audit report. The audit must be performed in accordance with GAO's Covemment Auditing Standards, located at http://wvw.sao.eov/sovaud/vbk0l.\tm, and QMB Circular A- 133, Audits of States, Local Govemments, and Non-Profit Organizations, Iocated at Audit reports are currently due to the Federal Audit Clearinghouse no later than nine months after the end of the recipient's fiscal year. ii. Financial Reporting Periods and Due Dates The following reporting periods and due dates apply: Reoortine Period Report Due Date October I - December 3l January 30 Januarv I - March 3l April 30 Aprill-June30 July 30 Julv I - September 30 October 30 15 FY 2014 HSGP FOA iii. Federal Financial Report (FFR) Obligations and expenditures must be reported on a quarterly basis through the FFR (SF425) and must be filed elechonically using PARS. The form is available at An FFR report must be submitted quarterly throughout the period ofperformance, including partial calendar quarters, as well as for periods where no grant award activity occurs. The final FFR is due 90 days after the end date of the performance period. FFRs must be filed electronically through PARS. Future awards and fund drawdowns may be withheld ifthese reports are delinquent, demonsffate lack of progess, or are insufficient in detail. iv, Program Performance Reporting Requirements The following reporting periods and due dates apply: Reporting Period Report Due Date Januarvl-June30 July 30 July I -December3l January 30 Performance Progress Report (S F-PPR) Awardees are responsible for providing updated performance reports using the SF- PPR (OMB Control Number: 0970-0334) on a biannual basis. Grantees must complete the cover page of the SF-PPR and submit it as an attachment to the ND Grants system. The SF-PPR can be accessed online at http : //www. na,fs. fe d. us/fap/SF- P P R C over%o2 1She e.t.pdf. Grantees will be required to report on progress towards implementing plans described in their application, as well as, progress made towards implementing performance measures ari described in Appendix B - Program Specific Priorities. As part ofthe SF-PPR, grantees will be required to report on progrcss towards implementing the following performance measures: o For fusion centers, the achievement of capabilities and compliance with measurement requirements within the Maturation and Enhancement of State and Major Urban Area Fusion Centers priority through the annual Fusion Center Assessment Program managed by the DHS Ofiice of Intelligence and Analysis (l&A) and reported to P614at; and Pass-Thro ugh CertlJication Requiremenl For FY 2014, the Initial Strategy Implementation Plan (ISIP) will no longer be required. In place ofthe ISIP, the signatory authority of the SAA must certify in writing to the respective FEMA GPD Program Analyst that the 80 percent (80%) pass{hrough obligation was met within 45 days ofthe award date. Biannual Strategt Implemenlatiofi Reports (BSIR) In addition to the quarterly financial and biannual performance progress reports, grantees are responsible for completing and submitting BSIRs. The BSIR is due 16 FY 2OI4 HSGP FOA D. within 30 days after the end ofthe reporting period (Juty 30 for the reporting period ofJanuary I through June 30 (the summer BSIR report); and January 30 for the reporting period ofJuly I through December 3l (winter BSIR report). In the first BSIR, grantees must provide the information on all awarded funds, by identifuing all projects that were not included in the application. In the BSIR granrces will be responsible for linking projects to sub grantees and reporting on project progress. The BSIR reports will be used as an additional validation that the pass-through requirement is met throughout the period of performance of the award. All required attributes ofeach project must be included. Updated obligations, expenditures, and sig-nificant developmonts must be provided within the BSIR to show progress of implementation for every project, as well as how expenditures support Planning, Organization, Equipment, Training and Exercises (POETE). The first BSIR will be due January 30, 2015, (30 days after the end ofthe first reporting period for the award. Subsequent BSIR reports will require grantees to report on a project-by- project basis. Monitoring Grant recipients will be monitored on an annual and as needed basis by FEMA staff, both programmatically and financially, to ensure that the project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. Monitoring may be accomplished through either a desk-based review or on-site monitoring visits, or both. Monitoring will involve the review and analysis of the financial, programmatic, performance, compliance and administrative processes, policies, activities, and other attributes ofeach Federal assistance award and will identifu areas where technical assistance, corrective actions and other support may be needed. Closeout Pursuant to 44 C.F.R. $ 13.50(b) Reports, within 90 days after the expiration or termination ofthe grant, the grantee must submit all financial, performance, and other reports required as a condition ofthe grant. Within 90 days after the end ofthe period ofperformance, grantees must submit the following: l) Final request for paymen! ifapplicable; 2) SF-425 -Final Federal Financial Reporf 3) SF-PPR - Final Performance Progress Report; 4) A qualitative narrative summary on the impact ofthose accomplishments throughout the entire period ofperformance submitted to the respective Grant Programs Directorate (GPD) Program Analyst in a Word document; 5) SF-42E - Tangible Personal Property Report - Inventory of all tangible personal property acquired using funds from this award. The form is available at 17 FY 2OI4 HSCP FOA E. 6) When applicable, SF-429 - Real iroperty Status Report - Inventory ofall construction projects using funds from this award. The form is available at 7) Other documents required by program guidance or terms and conditions of the award. In order !o close an award, grantees must b€ current on, and have submitted, all rcquired reports per the terms and conditions of the grant award. Once the gant has officially been closed, the grantee will receive a Grant Adjustnent Notice (GAN) which will provide information rcgarding the amount of any deobligated funds, equipment disposition, and record retention requirements for closed awards. If FEMA has made reasonable attempts tkough multiple contacts to close out awards within the required 180 days, FEMA may waive the requirement for a particular report and administatively close the award. Ifthis action is taken, consideration for subsequent awards to the grantee may be impacted or rcstricted. The grantee is responsible for retuming any funds that have been drawn down, but remain as unliquidated on grantee financial records. F. Extensions Extensions to the initial period ofperformance identified in the award will only be considered through formal, written requests to the grantee's respective HeadquarErs Program Analyst and must contain specific and compelling justifications as to why an extension is required. States are advised to coordinate with the Program Analyst as needed, when preparing an extension rEquest. All extension requests must address the following: l) Grant Program, Fiscal Year, and award number; 2) Reason for delay - this must include details of the legal, policy, or operational challenges being exporienced that prevent the final outlay of awarded funds by the applicable deadline; 3) Current status ofthe activity/activities; 4) Approved period of performance termination date and new project completion date; 5) Amount of funds drawn down to date; 6) Remaining available funds, both Federal and non-Federal; 7) Budget outlining how remaining Federal and non-Federal funds will be expended; 8) Plan for oompletion, including milestones and timeframes for achieving oach milestone and the position/person responsible for implementing the plan for completion; and 9) Certification that the activity/activitles will be completed within the extended period of performance without riny modification to the original Statement of Work approved by FEMA. Awardees must submit all proposed extension requests to DHS/FEMA for review and approval no later than 120 days prior to the end ofthe period ofperformanoe. In 18 FY 2OI4 HSGP FOA accordance with GPD policy, extensions are typically granted for no more than a six month time period. Extension requests will be granted only due to compelling legal, policy, or operational challenges. For more information on extensions, refer to IB #379, Guidance to State Administrative Agencies to Expedite the Expenditure of Ceftain DHS/FEMA Gront Funding at 19 FY 2OI4 HSGP FOA VII. DIIS FEMA Contact Information A. For Financial, Programmatic, or Administrative Questions Pre-Award and Post Award i. Centralized Scheduling and Information Desk (CSID) CSID is a non-emergency comprehensive management and information resource developed by DHS for grants stakeholders. CSID provides general information on all FEMA grant programs and maintains a comprehensive database containing key personnel contact information at the Federal, State, and local levels. When necessary, grantees will be directed to a Federal point of contact who can answer specific programmatic questions or concems. CSID can be reached by phone at (800)368- 6498 or by e-mail at askcsiC@.dhs.gov, Monday through Friday, 8:00 a.m. - 5:30 p.m. EST. ii. Grant Programs Directorate (GPD) Grant Operations Division GPD's Grant Operations Division Business Offrce provides financial support and technical assistance. The Grant Operations Division manages, administers, and conducts application budget review, creates the award package, approves, amends and closes out awards. Additional guidance and information can be obtained by contacting the FEMA Call Center at (866) 927-5646 or via e-mail to ASK- GMD@dhs.sov. iii. FEMA Regions FEMA Regions may also provide fiscal support, including pre- and post-award adminisfation and technical assistance such as conducting cash analysis, financial monitoring, and audit resolution to the grant programs included in this solicitation. GPD will provide programmatic support and technical assistance. For a list of contacts, please go to iv. Systems Information Granls.gou For technical assistance with Grgntsgov, please call the Grants.gov customer support hotline at (800)5 I 8 -4726. Non-Disaster (ND) Granls. For technical assistan0e with the ND Grants system, please contact ndgrants@fema. gov or (800)865 -407 6. v. GPD Environmental Planning and Historic Preservation (GPD-EIIP) The FEMA GPD-EHP Team provides guidance and information about the EHP review process to grantees and sub grantees. All inquiries and communications about GPD projects or the EHP review process, including the submittal of EHP review materials, should be sent to spdehpinf,o@,fema.egv. EI{P Technical Assistance, including the EHP Screening Form, can be found athttp://wry./?rya.gov/media- 20 FY 2OI4 HSGP FOA li br arv-data/ 2 0 1 1 07 2 6 - I 8 06 - 2 5 04 5 - 2839/gd-ehp sueenins-form-omb-l 660 0J I 5 june-20 1 1.pd-f. vi, Telephone Device for the Deaf GDD) The Telephone Device for the Deaf (TDD) and/or Federal Information Relay Servioe (FIRS) number available for this announcement is: (800) 462-7585. vii. Ilard copies of the FOA Hard copies of the FOA are not available. VIII. Other Critical Information National Preparedness DHS coordinates with local, State, territory, Tribal, and Federal govemments as well as the private and nonprofit sectors to facilitate an all-of-nation/whole community, risk driven, and oapabilities-based approach to preparedness. This approach is grounded in the identification and assessment of risk through the THIRA. Urban Areas and States must maintain and update dreir THIRAs, and States their SPRs, annually to ensure that the community's shared understanding of risk evolves to account for changes in the risk landscape, inoluding successful mitigation efforts, emerging threats, hazards, and associated consequences. Information on the National Preparedness Systern can be found in the National Preparedness Syshm Description (released November 201 1), which is posted on the FEMA website al http://www.fema.gov/national-meoaredneslnational- Dreparedness:gllem. Additional details regarding how the National Preparedness System is supported by the HSGP can be found in Appendix B - Program Specific Priorities. Fy 2014 Unifred Repoaing Tool (URI) The URT is FEMA's collection mechanism for THIRA,/SPR and other related preparedness information. The FY 2014 SPR includes questions related !o NMS adoption and implementation, and Comprehensive Preparedness Guide l0l v 2.0 compliance. IX. IIow to Apply A, Application Overview Applying for an award under this program is a multi-step process and requires time to complete. To ensure that an application is submitted on time applicants are advised to start the required steps well in advance oftheir submission. Applicants should allow at least 15 business days (three weeks) to complete the five steps of applying listed below. Failure ofan applicant to comply with any of the required steps before the deadline for submitting their application will automatically disqualify their application from funding. The steps involved in applying for an award under this program are: I ) Applying for, updating or verifying their Data Universal Numbering System (DUNS) Number; 21 FY 2OI4 HSGP FOA 2) Applying for, updating or verifying their Employer Identification Number (EIN); 3) Updating or verifying their System for Award Management (SAM) registration; 4) Submitting an initial application in grants.gov; 5) Completing Investment Justifications in the Grant Repo(ing Tool (GRT) and; 6) Submitting the complete application in ND Grants. To ensure adequate time to complete the full application process, applicants are encourrged to submit their initial application in Grants.gov (Step 4) at least ten (10) days before the MNy 23,2014 application deadline 1. Obtain a Data Universal Numbering System Number @UM) The applicant must provide a DUNS number with their application. This number is a, required field for all subsequent steps in the application submission. Applicants should verify they have a DUNS number, or take the steps necessary to obtain one. Applicants can receive a DUNS number at no cost by calling DUNS number request line at (866) 705-5711. FEMA cannot assist applicants with questions related to obtaining a current DUNS number. 2. Obtain an Employer Identification Number @IN) FEMA requires both the EIN and a DUNS number prior to the issuance of a financial assistance award and, for grant award payment. Both are also required to register with SAM (see below). The EIN base for an organization is the IRS Tax ID number, for individuals it is their social security number, both ofwhich are nine-digit numbers. Organizations and individuals submitting their applications must correctly identifr the EIN from the DUNS since both are 9-digit numbers. Ifthese numbers are not correctly identified in the application, this may result in a delay in the issuance of an award and/or incoEect payment to a grantee organization, Organization applicants applying for an EIN should plan on a minimum of two full weeks to obtain an EIN. If you need assistance registering an EIN, go to FEMA cannot assist applicants with questions related to obtaining a current EIN. Register with the System for Award Management (SAM) Payments are contingent on the information provided in SAM and must b€ completed by the applicant at http:i/www.sam.gov. It is imperative that the information provided by the applicant is correct and current. Please ensure that your organization's name, address, DUNS number and EIN are current in SAM and drat the DUNS numtrer used in SAM is the same one used to apply for all other FEMA awards. SAM registration is a multi-step process including validating your EIN with the Intemal Revenue Service (IRS) to obtain a Commercial and Govemment Entity (CAGE) code. The CAGE code is only valid fo1 one year after issuance and must be current at the time ofapplication. 22 FY 2OI4 HSGP FOA If you need assistance registering with SAM, please go to https://www.fsd.govl or call866-606-8220. FEMA cannot assist applicants with questions related to obtaining a cunent CAGE code. Initial Application Submission in Qrants.gov All applicants submit their initial application through Grants.gov. Applicants may need to first create a Grants.gov user profile by visiting the Get Registered section of the grants.gov website. Successful completion ofthis step is necessary for FEMA to determine eligibility ofthe applicant. Applicants should complete this step at http://www.grants.gov. The initial on-line application in grants.gov requires completing. Standard Form 424 (SF 424), Application for Federal Assistance, and. Grants.gov Form Certification Regarding Lobbying Form. Both forms are available in the Forms tab under SF-424 Family. The initial application cannot be started or submitted in Grants.gov unless the applicant's registration in SAM is confirmed. Application forms and instructions are available at Grants.gov. To access these materials, go to http://www.grans.gov, select Apply for Grants, enter the CFDA number or the FOA number noted in this FOA, select Download Application Package, and follow the prompts to download the application package. The information submitted in grants.gov will be retrieved by ND Grants, which will allow FEMA to determine if an applicant is eligible. Applicrnh are encouraged to submit their initial application at least ten (10) days before the May 23, 2014 application deodline, Ifyou need assistance applying through grants.gov, please go to http://www.grants.gov/web/grantVapplicants/gant-application-process.html, contact support@gants.gov, or call 800-518-4726. FEMA cannot assist applicants with questions related to registering with gants.gov. Completing Investment Justilications in the Grant Reporting Tool For more information on how to complete IJs, refer to the Investnent Justification Planning Guide found tt www.fe,ma. sov/qrants. Final Application Submission in FEMA's Non Disaster Granb System (NIl Grants) Eligible applicants will be notified by FEMA and asked to proceed with submitting their complete application package in ND G:ants. Applicants can register early with ND Grants and are encouraged to begin their ND Grants registration at the time of this announcement. Early registration will allow applicants to have adequate time to start and complete their application. The application must be completed and final submission made through the ND Grants system located at https:/iportal.fema.gov. In ND Grants, applicants will be prompted to submit all of the information contained in the following forms: 23 FY 2OI4 HSGP FOA Standard Form 424A, Budget Information (Non-construction) Standard Form 4248, Standard Assurances (Non-constuction) Standard Form 424D, Standard Assurances (Construgtion) Standard Form LLL, Disclosure ofLobbying Activities (ifthe grantee has engaged or intends to engage in lobbying activities) Grants.gov (GG) Lobbying Form, Certification Regarding Lobbying. Applicants will also be prompted to assure compliance with all Standard and Special Terms and Conditions before being eligible to receive an award under this program. In addition applicants must submit copies of the following in ND Grants:. Standard Form 424C, Budget Information (Construction) if applying for grants to support construction;. InvestnentJustificationo Program and Budget Narrativeo Program Work Plan. hoject Objectives. Detailed budgeto Indirect Cost Agreement. Ifyou need assistance registering on the ND Grants system, please contact ndgrans@femagov or (800) 865-407 6. HSGP Program Spocilic Application Instructions Investment Justification (SIISP and UASD As part of the FY 2014 HSCP application process for SHSP and UASI funds, applicants must develop a formal IJ that addresses each investrnent being proposed for funding. The IJ must demonstrate how proposed projects support sustainment ofexisting core capabilities or address capability gaps and deficiencies in one or more core capabilities outlined in the Goal and as identified in their most recent State Preparedness Report. The IJ must also demonstrate alignment to the Urban Are4 State, and/or r€gional TIIIRAs, national priorities, and applicable guidance provided by FEMA. The IJ must also describe engagement with and/or impacts on the general and vulnetable populations, to include children, the elderly, pregnant women, and individuals with disabilities such as those with access and functional needs. Furthermore, the IJ must clearly identify and explain the nexus to terrorism preparedness. Us are submitted in the GRT. The IJ Guide contains instructions for oollecting the required information for Investsnents and projects. Additionally, applicants should utilize the Project Worksheet to assemble the information required for each project, which will facilitate the input of that information into the GRT. 24 FY 2014 HSGP FOA Instructions for SHSP. Applicants must propose at least one and include up to 10 projects within each Investrnent in their IJ to describe the activities they would like to implement with SHSP tunds. Any projects not included in the application must be included in the first BSIR . Ofthe proposed Investments, applicants are re.quired to propose at least one Invesftnent to provide funding support to the State's primary fusion center, as designated by the Govemor. Grantees must coordinate with the fusion center when developing a fusion center Investrnent prior to submission o Grantees investing in emergency communications must describe how activities align to their Statewide Communication Interoperable Plan (SCIP). Grantees must coordinate with their Statewide Interoperability Coordinator (SWIC) ard/or Statewide Interoperability Qovemance Body (SIGB) when developing an emergency communications investment prior to submission to ensure the project supports the statewide strategy ta improve emergency communications and is compatible and interoperab le with sunounding systems Instructions for UASI. Urban Areas must propose at least one and up to 10 projects within eech Investrnent in their IJ to describe the activities they are planning to implement with UASI funds . Any projects not included in the application must be included in the first BSIR . If applicable, ofthe proposed l0 Investments, Urban Areas are required to propose at least one Investment in support of a designated fusion center within the Urban Area- Grantees must coordinate with the fusion center when developing a fusion center Investrnent prior to submission . If UASI funds are used by the SAA in support of the Urban Area, the SAA must, as part of the up to l0 Investnents, propose an Investment describing how UASI funds will be used by the SAA to directly support the Urbsn Area. . Grantees investing in emergenoy communications must describe how activities align to the SCIP. Grantees must coordinate with the Statewide Interoperability Coorrdinator (SWIC) and/or Statewide Interoperability Govemance Body (SIGB) when developing an emergency communications Investment prior to submission to ensure the project supports the statewide shategy to improve emergenoy communications and is compatible and interoperable with sunounding systems Instructions for OPSG As part ofthe FY 2014 OPSG application process, each eligible local unit of govemment at the county level or Federally-recognized Tribal govemment must develop their Operations Order in coordination with State and Federal law enforcement agencies, to include, but not limited to Customs and Border Patrol (CBP/Border Protection (BP). Operations Orders that are developed at the oounty level should be inclusive ofcity, oounty, Tribal, and other local law enforcement agencies that are eligible to participate in OPSG operational activities, and the Operations Order should address this in the Executive Summary. The details should include the names of the agencies, the points of contact, and the individual funding requests. All applications must be coordinated through the CBP sector office and that BP will forward application to the SAA for 25 FY 2014 HSGP FOA review. For more information, refer to Appendix E - FY 2014 OPSG Operations Order Template and Insffuctions and Appendix F - OPSG Operational Guidance for more information. 26 FY 2OI4 HSGP FOA Appendix A - FY 2014 Program Allocations FY 2014 SHSP Allocations 27 Appendix A-FY20 I 4 HSGP Allocations Alabama $3,733,000 Montana s3.733.000 Alaska $3.733,000 Nebraska $3,733,000 American Samoa $854,000 Nevada $3,733,000 Arizona $4,568,000 New Hampshire $3.733,000 Arkansas $3,733,000 New Jersey $8,3s4,000 California $60,03s,000 New Mexico $3.733.000 Colorado $3,979,000 New York s76.742.000 Connecticut $3,978,000 North Carolina $5,489,000 Delaware $3.733.000 North Dakota $3,733,000 Diskict of Columbia $4.119.000 Northern Mariana $854,000 Florida $11,010,000 Ohio $7,698,000 Georoia $6,807,000 Oklahoma $3,733,000 Guam $8s4,000 Oregon $3,837,000 Hawaii $3.733,000 Pennsylvania $10.026.000 ldaho $3.733.000 Puerto Rico $3,733,000 lllinois $16.357,000 Rhode lsland $3,733,000 lndiana $3.978,000 South Carolina $3,733,000 lowa $3,733,000 South Dakota $3,733.000 Kansas $3,733,000 Tennessee $3,978,000 Kentucky $3,978,000 Texas $21,448,000 Louisiana $3,978,000 U,S, Virgin lslands $854,000 Maine $3,733,000 Utah $3,733,000 Maryland $6,125,000 Vermont $3,733,000 Massachusetts $5,622,000 Viroinia $7,414,000 Michisan s6.658.000 Washinoton $6,493,000 Minnesota $3.978.000 West Viroinia $3,733,000 Mississippi $3,733,000 Wisconsin $3,978,000 Missouri $3.978.000 Wrrcmino $3.733.000 State/Territory of,::Ij,, State/Terrtory ^i,Xllj, Total $401,346.000 FY 2014 UASI Allocations 28 Appendix A-FY20 I 4 HSGP Allocations Arizona Phoenix Area $5,500,000 California Anaheim/Santa Ana Area $5,500,000 Bay Area $27,400,000 Los Angeles/Long Beach Area $67,500,000 Riverside Area $1,000,000 Sacramento Area $1,000,000 San Diego Area $16,874,000 Colorado Denver Area $3,000,000 District of Columbia National Capital Region $53,000,000 Florida Miami/Fort Lauderdale Area $5,500,000 Orlando Area $1,000,000 Tampa Area $3,000,000 Georgia Atlanta Area $5,500,000 Hawaii Honolulu Area $1,000,000 lllinois Chicago Area $69,500,000 lndiana lndianapolis Area $1,000,000 Louisiana New Orleans Area $3,000,000 Maryland Baltimore Area $5,500,000 Massachusetts Boston Area $18,000,000 Michigan Detroit Area $5,500,000 Minnesota Twin Cities Area $5,500,000 Missouri Kansas City Area $1,000,000 St. Louis Area $3,000,000 Nevada Las Vegas Area $1,000,000 New Jersey Jersey City/Newark Area $21,800,000 New York New York City Area $178,926,000 North Carolina Charlotte Area $3,000,000 Ohio CincinnatiArea $1,000,000 Cleveland Area $1,000,000 Columbus Area $1,000,000 Oregon Portland Area $1,000,000 Pennsylvania Philadelphia Area $18,500,000 Pittsburgh Area $3,000,000 Texas Dallas/Fort Worth/Arlington Area $15,500,000 Houston Area $24,000,000 San Antonio Area $1,000,000 Utah Salt Lake City Area $1,000,000 Virginia Hampton Roads Area $1,000,000 Washington Seattle Area $5,500,000 StateiTerritory Funded Urban Area FY 2014 UASI Allocation Total s587.000.000 FY 2014 SHSP and UASI LETPA Minimums 29 Appendix A-FY20 1 4 HSGP Allocations \labama s3,73s,00(s3,733,(xX $933,25( \laska $3,7s3,00($3,733,00[$933,25( \merican Samoa $854,00($854,00($213,50( \rizona Phoenix Area 05,500,000 os,soo,oool $4,568,00( $10,068,00($2, s17,00( \rkansas $3,733,00(53,7s3,00($933,2s( 3alibmia qnaheim/Santa Ana AI€a $5,500,00c $1 19,274,000 $60,035,000 sl79,309,0m *4,827,25( Bay Area $27,400,00c Los Angehs/Long Beach Area $67,500,00c s1.000.00cRi\iBrside Area Sacramento Area $1,000,00( San Dieqo Area $16,874,00C Colorado Denr€r AIea $3,000,00c $3,000,000 $3,979,000 $6,979,000 51,744,75( Connecticut $3,978,000 $3,978,0r $994,50( Delaware $3,733,00C s3,733,000 s933,25( olstrict of Columbla {ational CaDital Reoion $53,000,00(s53,000,000 $4,1 I 9,000 $57,1'19,000 i14,279,75( Florida \,liami/Fort Lauderdale Area $5,500,00( $9,500,000 $1 1,010,000 $20,51 0,000 $5,127,50()dando Area $1,000,00( fampa Area $3,000,00r Georgia \tlanta Area $5,500,00($5,500,00c $6,807,00c s12,307,000 $3,076,75( Guam $854,00C s854,00c t21 3,50( Hawaii Honolulu Area $1,000,m01 $1,000,00c $3,733,00($4,733,00C s1 ,1 83,25( daho 03,733,00($3,733,00C $933,25( llinols Chicago Area $69,500,00($69,500,00($1 6,3s7,00c $85,E57,00(92',1,4U,25( ndiana lndianapolis Area $1,000,00($1.000.00($3,e78,00($4,978,00($1,244,50( lowa $3,733,00( $3,733,00($933,25( Kansas s3,733,00( $3,733,00 $933,25( Kentucky $3,978,00($3,978,00($994,50( Louisiana New Gl€ans Area $,(n0,0001 $3,000,00($3,978,ofi $6,978,00($1,744,50( Maine Maryland Baltimore Area 05,500,000 s5 500 00($6,125,000 $1 1,625,00($2,906,2s( Vlassachusetts Boston Area $1 8,000,00c 01 8,000,00($5,622,000 $23,A22.00($5,905,50( Vlichigan Detroit Area $5,500,00c s5 s00 00($6.658,000 $12.158,ofi t3,039.str Vlinnesata Twin Cities Area s5,500,00c $s,500,00($3,978,000 s9,478,qX $2,369,50( Vlississippi 03,733,00C $3,733,000 $933,25( Vlissouri Kansas Cltv Area s1,000,00($4,000,00c $3,978,00C $7,S78,000 $'t,994,50( St. Louis Area $3.000,00( lvlontana $3,733,00($3,733,00C $933,25( Nebraska $3,733,00C 03,733,00(s933,25( Newda Las Vegas Area $1,0oo,o0ol $1,000,00($3,733,00($4,733,00($1 ,1 83,25( New Hampshire $s,7s3,00(53,733,00( $933,25( New Jersey I Jersey City/ I.lenarark tuea s21,800,o{nl 921,800,00($8,354,00($30,1 54,00($7,538,50( l,lew Mexico $3,733,00($3,733,00($933,25( New York New York Clly Area 8178,926.00($r78,920.00(s76,742,00($255,668,00(i63,917,00( North Carolina Charlolte Ar6a $3,000,00(s3,000,00($5,489,00($8,489,00($2,122,25t No,th oakota $3,733,00( $3,733,00( $933,25t Northem Marlana lslands $854,00(08s4,ofi $21 3,501 Oho Cincinnati Area $1,000,00c $3,000,000 $7,69E,000 $1 0,698,000 $2,674,50[Cle\,eland Area $1,000,00( Columbus Area $1,000,0 Oklahoma $3,733,00C $3,733,00C $933,25( Oreqon Portland Area s1,000,000 $'1,000,00c s3,837,00C $4,837,00C $1,209,25( StatelTerfltory Frrrded Urban Ared(sl o,r:1"s,1." lii:::,H o,;::L. o,,"J,",','.1' n, LErpA _] s3.733.( t3,733.00( $93i FY 2014 SHSP and UASI LETPA Minimum (continued) 30 Appendix A-FY20 I 4 HSGP Allocations State/Te rfltory Funded Urban Area(s)UAS A ocat u iotar tJASr SHSP Total Allocation Allocatrorr Allocatlon by Sta te L ETPA ,ennsyhBnia ,hiladelphia Arca )ittsburoh Area 018,500,00( $3_000 00(s21,500,00(s10,026,00($31,526,ofi $7,881,50t ,uerto Rico $3 $3,733 $933.25( lhode lsland $3.733.00(t3.733.(s933_25( ta s3 $9s3,2 South Dakota $3,73:$3 )33,25( fennessee 03.978.0001 83.978.0 lexas )allas/Fort Worth/Arlington Area .louston Area st5 500 00( $40,500,00($21,,148,00($6'1,948,0q $'r s,487,00t$ an Antonio ArEa J.S. Vimin lslands s854.0 s21 3,50( Jtah Salt Lske Cltv Area $1.000.m01 $1.000.00 s3,733.0001 s4.733.0fl s1 .1 83. ,'rmont s3.733.00( s3.733.00($933,25( na lamoton Roads Area $1.O0o.oo0l s1.000.00r $7.414,0001 08,414,0(x $2,'t03,r lgton ieattle Area s5 500 0()l s5.500 0c $6 $1 1.993.s2 998 25( West Virqinia $3,733,$3 $933 Wisconsin s3.978.00( s3,978.00($994,50t lvomino $3.733.Co01 53.733.001 E033.25r Total s69.500,000 $69,500.000 $84,055.000 s1s3.555.000 538,388,75( Alabama Massachusetts Pennsylvania Alaska Michigan Rhode lsland Arizona Minnesota South Carolina California Mississippi Texas Connecticut Montana Vermont Delaware New Hampshire Virginia Florida New Jersey Washington Georgia New Mexico Wisconsin Hawaii New York Puerto Rico ldaho North Carolina U.S. Virgin lslands Louisiana North Dakota American Samoa Maine Ohio Guam Maryland Oregon Northern Mariana lslands FY 2014 OPSG Eligible States and Territories Note: Not all applicants are guaranteed to receive funding under the FY 2014 OPSG. 31 Appendix A-FY20 I 4 HSGP Allocations States and Territories Appendix B - Program Priorities Alignment of HSGP to the National Preparedness System The Nation utilizes the National Preparedness System to build, sustain, and deliver core capabilities in order to achieve the National Preparedness Goal (the Goal). The Goal is "a secure and resilient Nation with the capabilities required across the whole community to prevent, protect against, mitigate, respond to, and recover from the threats and hazards that pose the greatest risk." The objective of the National Preparedness System is to facilitate an integated, all-of-Nation, risk informed, capabilities-based approach to preparedness. Complex and far-reaching threats and hazards requirc a collaborative and whole community approach to national prrparedness that engages individuals, families, communities, private and nonprofit sectors, faith-based organizations, and all levels of govemment. The guidance, progmms, processes, and systems that support each component of the National Preparedness System enable a collaborative, whole community approach to national preparedness that engages individuals, families, communities, private and nonprofit sectors, faith-based organizations, and all levels ofgovemment (.ht tp : //www. fe q q. sgv/\e ho le -co tlrnluniry). The FY 2014 HSGP Program contributes to the implementation of the National Preparedness System by supporting the building, sustainment, and delivery ofcore capabilities. Core capabilities are essential for the execution ofcritical tasks in the National Planning Frameworks for each of the five mission areas outlined in the Goal. pelivering core capabilities requires the combined effort ofthe whole community, rather than the exclusive effort ofany single organization or level of govemment. The HSGP Program's allowable costs support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery mission areas. To evaluate national progress in building, sustaining, and delivering the core capabilities outlined in the Goal, FEMA annually publishes the National Preparedness Report (NPR). Looking across all 31 core capabilities outlined in the Goal, the NPR provides a national perspective on critical preparedness trends for whole community parhers to use to inform program priorities, allocak resources and communicate with stakeholders about issues of sharcd concem. A koy focus and requirement ofthe HSGP is to prevent terrorism and to prepare the Nation for the threats and hazards that pose the greatest risk to the security and resilience ofthe United State, and the greatest risks along the Nation's borders; thercfore, HSGP funded invesEnents must have a terrorism-nexus. When applicable, funding should support deployable assets that can be utilized anywhere in the Nation through automatic assistance and mutual aid agreements, inoluding but not limited to the EMAC. In addition, the Department of Homeland Security expects grantees to prioritize grant funding to address gaps identified through the annual SPR in achieving capability targets set through the annual THIRA. These assessments identifu the jurisdictions' capability targets and current ability to meet those targets. Grantees should prioritize grant funds to increase capability for high-priority core capabilities with low capability levels. Minimum funding amounts are not 32 Appendix B-FY20l4 HSGP Priorities prescribed by the Department for these priorities; however grantees are expected to support state, local, regional, and national efforts in achieving the desired outcomes ofthese priorities. Grantees are expected to consider national areas for improvement identified in the 2013 National Preparedness Report, which include cybersecurity, recovery-focused core capabilities, the integration of individuals with access and functional needs, enhancing the resilience of infrastructure systems and maturing the role of public-private partnerships. Addressing these areas for improvement will enhance preparedness nation-wide. Using the core capabilities, the FY 2014 HSGP Program supports the achievement of the Goal by: o Preventing a threatened or an actual act of terrorism; . Protecting our citizens, residents, visitors, and assets against the greatest threats and hazards; o Mitigating the loss of life and property by lessening the impact of future disasters; . Responding quickly to save lives, protect property and the environment, and meet basic human needs in the aftermath ofa catastrophic incident; and/or r Recovering through a focus on the timely restoration, sfiengthening, and revitalization of infrastructure, housing, and a sustainable economy, as well as the health, social, cultural, historic, and environmental fabric of communities affected by a catastrophic incident. The core capabilities contained in the Goal are highly interdependbnt and require the use of existing preparedness networks and activities, improve training and exercise programs, promote innovation, and ensure that the appropriate administrative, finance, and logistics systems are in place. To support building sustaining, and delivering these core capabilities, grantees will use the components of the National Preparedness System. The components of the National Preparedness System are: Identifying and Assessing Risk; Estimating Capability Requirements; Building and Sustaining Capabilities; Planning to Deliver Capabilities; Validating Capabilities; and Reviewing and Updating. For more information on each component, rcad the National Preparedness System desoription available at E41gn. Grantees are expected to use this process when using grant funds to address their capability gaps. Reporting on the Implementation ofthe National Preparedne*s System Identifying and Assessing Risk and Estimating Capability Requirements In order to qualiry for HSGP Program funding, all grantees shall develop and maintain a Threat and Hazard Identification and Risk Assessment (IHIRA) whioh informs and supports the State Preparedness Report (SPR). Only one THIRA submission from each State will be accepted. A THIRA provides a comprehensive approach for identifying and assessing risks and associated impacts. It expands on existing local, Tribal, tenitorial, and State Hazard Identification and Risk Assessments (HIRAs) and other risk methodologies by broadening the factors considered in the process, inoorporating the whole community throughout the entire process, and by accounting for important community-specific characteristics. Comprehensive Preparedness Guide 201, Second 33 Appendix B-FY20l4 HSGP Priorities Edition: THIRA (CPG 201, Second Edition) is available at ht1p!/wutrt jhug.gov/'nalena!: preoaredness/plan. In Step Four of the THIRA process, ajurisdiction should estimate the resources required tg deliver the capability targets set in their THIRAs. Communities expr€ss Fesource requiremens as a list ofresources needed to successfully manage their threats and hazards. Through the capability estimation process, jurisdictions should identiS the resources from across the whole community needed to meet capability targets. Each jurisdiction should decide which combination ofresources is most appropriate to achieve its capability targets. Reportingo UASIs are required to submit an annual update to their THIRA. UASIs will submit their THIRA to the designated State Administrative Agency. THIRA submissions shall be in alignment with CPG 201 , Second Edition. The Urban Area should coordinate intemally to ensure its submission represents all jurisdictions within the UASI program. UASI submissions qf the THIRA are due no later than December 31, 2014.. States are required to submit an annual update to their THIRA. States will submit 'their THIRA update along with their annual SPR through the Unified Reporting Tool (URT) and email a copy of the URT to their respective FEMA Regional Federal Preparedness Coordinator and copy .ferra-sor(@ferya.dhs.qov. THIRA submissions shall be in alignment with CPG 201, Second Edition. State submissions of the THIRA and SPRare due no later than December 31,2014. The State should coordinate with each eligible Urban Area to ensure that the UASI THIRA submissions occur in advance of this deadline, as the State must include the Urban Area's input when conducting the statewide SPR assessment. B uilding and Sustaining Capabililies HSGP program grantees should ensure that grant funding is utilized to sustain critical core capabilities within the National Preparedness System that were funded by past HSGP funding cycles to include training ofpersonnel and lifecycle replacement of equipment. New capabilities should not be built at the expense of maintaining current and critically needed core capabilities. Ifnew core capabilities are being sought utilizing HSGP funding, gmntees must ensure that the capabilities are deployable outside oftheir community to support regional and national efforts or otherwise shareable with regional partners and aligned with a capability gap identified in the THIRA/SPR. All capabilities being built or sustained must have a clear linkage to one or more core capabilities in the Goa[. NIMS Compliance Grantees receiving HSGP funding are required to implement the National Incident Management System (NIMS). The NIMS uses a systematio approach to integrate the best existing processes and methods into a unified national framework for incident management. Incident management refers to how incidents are managed across all homeland security activities, including prevention, protection, and response, mitigation, and recovery. FY2014 grantees must utilize standardized resource management concepts such as typing, inventorying, organizing, and tracking resources that facilitates the identification, dispatch, deployment and recovery oftheir resources. 34 Appendix B-FY20l4 HSGP Priorities Fusion Centers DHS has identified State and major Urban Area fusion centers as a critical component ofour Nation's disfiibuted homeland security and counterterorism architecture. They provide grassroots intelligence and analyic capabilities within the state and local jurisdiction . To that end, DHS preparedness grants will continue to support designated State and major Urban Area fusion centers and the maturation of the Information Sharing Environment (ISE). A National Network also provides a mechanism for the Federal govemment to receive information from State, Local, tenitorT and Tribal partrrers, which helps create a more complete threat picture at the National level. Participating in the Nationwide SAR Initiative enables fusion centers to receive and analyze suspicious activity reporting from frontline public safety personnel, the private sector, and the public, and ensure the sharing of SAR with the Federal Bureau of Investigation's Joint Terrorism Task Forces for furfter investigation. The 2010 National Security Stategt identifies fusion centers as critical in enlisting all ofour intelligence, law enforcement, fire service, emergency management, and homeland security capabilities to prevent acts ofterrorism on American soil. In support ofthis strategic vision, the Department of Homeland Security's Office of Intelligence & Analysis @HS I&A) is requiring designated State and major Urban Area fusion centers to participate in an annual assessment of their achievement ofCritical Qperational Capabilities (COCs) and Enabling Capabilities @Cs), as detailed in the Global Justice Information Sharing Initiative's (Global) Baseline Capabilities lor State and Major Urban Area Fusion Centers. As maturation of the National Network continues to be a high priority in FY 2014, DHS is requiring that all fusion center related funding requests be consolidated into a singte (l) Investment for States or Urban Areas in which designated fusion centers reside, and this Investment must address funding support for the designated fusion center. The single Investrnent provides state and urban areas a means to centrally manage and report on fusion center related activities. Grantees must coordinate with the fusion center when developing a fusion center Invetment prior to submission, and the Investment must directly align to and reference any capability gaps identilied during the center's individual 2013 Fusion Center Assessment Report. In particular, each proposed project included in the fusion center Investment m[st reference the corresponding COC or EC, as well as associated attribute(s), the funding investment is intended to address, Additionally, any jurisdiction or agency that leverages HSGP frrnds to support intelligence- or fusion process- related activities (i.e., intelligence unit, real time crime information and analysis centers, etc.) must ensure these efforts are integrated and/or coordinated with the respective designated State or major Urban Area fusion center(s). In order to effectively measure implementation of this priority, designated State and major Urban Area fusion oenters levoraging S[{SP and/or UASI grant funds will be evaluated based upon complianoe with the guidance and requirements for the National Network of Fusion Centers as set forth by the DHS Office oflntelligence and Analysis through the annual Fusion Center Assessment Program. 35 Appendix B-FY2014 HSGP Priorities t All FY2014 Fusion Center Grant requirements are lisrcd at htn://www.dhs.sov/fu-2013- ho me I a nd- s e c\r i P- gr an f or o of om - lu&.o All FEMA approved analyst courses tlat meet the grant requirement are listed at Reporting As part of programmatic monitoring, grantees will be required to describe how expenditures support maintenance and sustainment of current Goal core capabilities within the BSIR. HSG? grantees will, on a project-by-project basis, check one ofthe following: o Sustaining or maintaining a capability acquired with Federal homeland security funding; o Sustaining or maintaining a capability acquired without Federal homeland security funding;. Developing or acquiring a new core capability;. Through the SF-PPR" fusion centers will report on the achievement of capabilities and compliance with measurement requirements within the Maturation and Enhancement of State and Major Urban Area Fusion Centers priority through the annual Fusion Center Assessment Program managed by DHS I&A and reported to FEMA, . Grantees will use the SPR to report NIMS implernentation. Planning to Deliver Capabilities State grantees shall develop, maintain, or revise as necessary, jurisdiction-wide, all threats and hazards EOPs consistent with CPG 101 v.2, which serves as the foundation for State, local, Tribal, and territory emergency planning. Grantees must update their EOP at least once every two years. In building future EOPs, planners should anticipate the increasing complexity and decreasing predictability of the future operating environment. These efforts should actively use strategic foresight, including the multiple driving forces of change and the associated evolving strategic needs shown in FEMA's Crisis Response and Disaster Resilience 20j0 Report. The Report can be found at initiative. Reportingo Grantees will use the SPR to report EOP compliance with CPG l0l v2. Va lid atin g C ap a b I I iti e s Grantees should develop long-term training and exercise priorities that examine, validate and/or address the capability gaps identified through their annual THIRA and SPR by developing a multi-year Training and Exercise Plan (TEP). Grantees should also review and consider areas for improvement identified from real-world events and exercises, and national areas for improvement identified in the 2013 National Preparedness Report. The TEP should consider the risks and capability requirements described in the THIRA along with the guidance provided by elected and appointed officials to identify and set training and 36 Appendix E-FY20l4 HSGP Priorities exercise program priorities and develop a multi-year schedule ofexercise events and supporting training activities to meet those priorities A TEP that is developed from a Training and Exercise Planning Workshop (TEPW) provides a roadmap to accomplish the multi-year priorities identified by elected and appointed officials and whole community stakeholders. These priorities help curriculum and exercise planners design and develop a progressive program of aaining and exercises that build, sustain, and deliver core capabilities. Information related ta TEPs and TEPWs can be found on the HSEEP website at https://www.llis.dlts.pov/lseeo. All grantees will {evelop and maintain a progressive exercise program consistent with Homeland Security Exercise and Evaluation Program (HSEEP) @. A progressive, multi-year exercise program enables organizations to participate in a series of increasingly complex exercises, with each successive exercise building upon the previous one until mastery is achieved while also taking into account prior lessons learned. Regardless of the exercise type, each exercise within the progressive series is linked to a set of common program priorities and designed to test assooiated capabilities. Reporting o Following the TEPW, all gmntees and sub-grantees are required to develop a multi- year haining and exercise plan that identifies combination ofexercises, along with associated training requirements, that addrcss the priorities identified in the TEPW. The training and exercise plan shall be submittedto hseep@dhs.eov no later than 90 days after the TEPW. States are encouraged to post their schedules to the National Exercise Scheduling System (NEXS) at . Consistent with the national exercise program, grantees shall develop and maintain a progressive exercise program. Grantees must either submit one After Action Report/[mprovement Plan (AARi/lP) that captures the lessons learned and corrective actions from the progressive exercise program conducted within the HSGP Period of Performance; g! submit individual AAXI/IPs for each HSGP-funded exercise. AAMPs should be submitted to hseep@fema.dhs.eov and include a list of corrective actions and lessons leamed, no later than 90 days after completion ofthe exercise. In accordance with HSEEP guidance grantees are reminded of the importance of implementing corrective actions iteratively throughout the progressive exercise cycle. Grantees are encouraged to use the HSEEP AAR/IP template located at httos;//wyw.llis.dhs/hseep and utilize the Corrective Action Program (CAP) System at 4ttos://hseeo.4hs.sov/caos/, as a means to track the implementation of corrective actions listed in the AAR./tr. Reviewing and Updatlng On a recuning basis, capabilities, resources, and plans should be reviewed to determine ifthey remain relevant or need to be updated as it relates to the HSGP. This review should be based on a current risk assessment and utilize information gathered during the validation process. These reviews will provide a means to examine preparedness analyses; determine priorities; direct preparedness actions; and calibrate goals and objectives. FY 2014 HSGP requires State and Urban Area Homeland Security Strategies be updated every other year, and shall be informed by THIRA process results. The assessment and results support communities' strategio planning 37 Appendix B-FY20I4 HSGP Priorities initiative and informs efforts needed to adapt to and manage the changing risk landscape, sustain sfiengths, and obtain or borrow resources from whole community parsrers. Supplemental SHSP Guidance Collaboration with Olher Federal Preparedness Programs DHS strongly encourages States, Urban Areas, and regions to understand other Federal preparedness programs in theirjurisdictions and to work with them in a collaborative manner to leverage all available resources and avoid duplicative activities. For example, U. S. Department of Health and Human Services ([IHS) has two robust preparedncss programs - Center for Disease Control (CDC) Public Health Emergency Preparedness @FIEP) cooperative agreement program and Assistant Secretary for Preparedness and Response's (ASPR's) Hospital Preparedness Program (HPP) cooperative agreement program - that focus on preparedness capabilities. CDC's 15 public health preparedness capabilities and ASPR's eight healthcare preparedness capabilities serve as opemtional components for many ofthe Goal core capabilities, and collaboration with the PHEP directors and HPP coordinators can build capacity around shared interests and investments that fall in the scope ofthese FIHS cooperative agrcements and the 2014 HSGP. Each SHSP and UASI funded Invesrnent that addresses biological risk, patient care or health systems preparedness should be implemented in a coordinated manner with other Federal emergency preparedness programs such as those administered by the HFIS Office of the Assistant Secretary for Preparedness and Response, the CDC, and the U.S. Department of Transportation's (DOT) National Highway Traflic Safety Administration. Govenrcnce Keeping with the guiding principles of govemance for all DHS preparedness programs, grantees must cooidinate with their stakeholders !o examine how they integrate preparedness activities across disciplines, agencies, and levels of govemment, including State, territorial, local, and Tribal units of govemment. A cohesive planning framework should be incorporated that builds and implements homeland security initiatives which loverage DHS resources, as well as other Federal, State, tenitory, local, private sector, faith-based community, and Tribal resources. Specific atlention should be paid to how all available preparedness funding sources (multiple Federal sources as well as State and local sources) can be effectively utilized in a collaborative manner to support the whole community approach to emergency preparedness and management and to the enhancement of overall capabilities. To accomplish this, the SAA must establish or reestablish a unified Senior Advisory Committee (SAC). S en io r Advisory C ommifl e e The SAC builds upon govemance sEuctures that may already be established under different FEMA preparedness grant programs, but the nature and govemance of this Commiftee was new for FY 2013 and continues in FY 2014 for HSGP. The SAC should build upon previously established advisory bodies under HSGP (including the SHSP and UASI programs), Nonprofit Security Grant Program (NSGP), Transit Security Grant Program (TSGP), and Port Socurity Grant Program (PSGP), which currently exist in support of States and Urban Areas, Tribal nations, non-profit organizations, transit agencies and Amtrak, and port areas. Examples of advisory bodies that should be included on the SAC include: Urban Area Working Groups 38 Appendix B-FY20l4 HSGP Priorities (UAWGs), Statewide Interoperability Goveming Board (SIGB), Area Maritime Security Committees (AMSCs), Regional Transportation Security Working Groups (RTSWGs), Citizen Coqps Councils, and Children's Working Crroups. To ensure a whole community effort, SAC membership should include representatives ofthese various stakehglder groups/committees, and should also include direct or indirect representation for all relevantjurisdictions and response disoiplines (including law enforcement, fire service, and emergcncy menagement), UASI-funded Urban Areas, as well as Citizen Corps Councils, Tribal representatives, non-profit, faith based, and voluntary organizations such as the American Red Cross. SACs are encouraged to develop subcommittee structures, as neoessary, to address issue- or region-specific considerations in suppert of overarching implementation. The responsibilities of a SAC include: . Integrating preparedness activities across disciplines, the private sector, non-profit organizations, faith-based, community, and all levels of govemment, including local, StBte, Tribat, and tenitorial, with the goal of maximizing coordination and reducing duplication of effort;o Creating a cohesive planning network and framework that builds and implements preparedness initiatives which leverage DHS resources, as well as other Federal, State, tenitorial, local, private sector, faith-based community, and Tribal resources; . Management of all available preparedness funding sources (multiple Federal sowces as well as State and local sources) to enhance effective utilization of and elimination of duplication of effort across alI stakeholders and disciplines; and . Ensuring that the application for SHSP and UASI funds align with the THIRA and work to fill capability gaps identified in the SPR. Senior Advisory Commifree Composition and Scope 1. Membership The SAC must include whole community intrastate and interstate partners as applicable and have balanced representation among entities with operational responsibilities for terrorism/disaster prevention, protection, mitigation, response, and recovery activities within the State. The manbership of the SAC must reflect the threats and hazards identified in the State's THIRA as well as each of the core capabilities, in particular those core capabilities identified as having large capability gaps identified in the State's most recent State Preparedness Report (SPR). SAAs will use the URT to verifr compliance of SAC charter requirements. Further, the SAC must include representatives that were involved in the production ofthe Stete's THIRA and represent the interests of the five mission areas as outlined in the Goal. The above membership requirement does not prohibit States, Urban Areas, regional transit and port entities, or other recipients ofDHS preparedness funding from retaining their existing stnrcture under separate progBms; however, at a minimum, those bodies must support and feed into the larger SAC. The composition, structure and charter ofthe 39 Appendix B-FY2014 HSGP Priorities SAC should reflect this focus on building care capabitities, instead of simplyjoining previously existing advisory bodies under other grant programs. The SAA must ensure that appropriate representation from defined UASl-funded Urban Areas is included on the SAC. FEMA strongly encourages that, wherever possible, previously established local working groups be leveraged for this puqpqse to ensure that UASI resources ane managed in the most efficient and effective manner possible. The UAWG should also support State efforts to develop the THIRA and SPR, particularly as it relates to UASI activities. For designated Urban Areas, the SAA POCs are responsible for identifying and coordinating with the POC for the UAWG, who should be a member of the SAC. The POC's contact information must be provided to FEMA with the grant application. SAAs must work with existing Urban Areas to ensure that information for current POCS is on file with FEMA. Finally, FEMA recommends that organizations advocating on behalf ofvulnerable populations including youth, the elderly and individuals with functional needs, socio- economic factors and cultural diversity, be invited to participate in the SAC. Collaboration with State agencies and other stakeholder organizations Program representatives from the fo[lowing entities must be members of the SAC (as applicable): State Homeland Security Advisor (HSA) (if this role is not also the SAA), State Emergency Management Agency @MA) Director, State Public Health Officer, State Public Safety Officer (and SAA for Justice Assistance Grants, ifdifferent), State Court Qfficial, State Emergency Medical Services @MS) Director, State Trauma System Manager, Statewide Interoperability Coordinator, State Citizen Corps Council, the State Emergency Medical Services for Children @MSC) Coordinator, Stste Education Department, State Human Services Department, State Child Welfare Services, State Juvenlle Justice Services, Urban Area POC, Senior Members of AMSCs, Senior Members of the RTSWG, Senior Security Oflicials from Major Transportation Systems, and the Adjutant General. Whole Community Engagement SHSP and UASI grantees must engage with the whole community to advance community and individual preparedness and to wgrk as a nation to build and sustain resilience (see hup://Vwwrfema.qgv/whole-conlmunitv\. Grantees must also inte$ate the needs of children and individuals with disabilities or access and functional needs into activities implemented with SHSP and UASI funds. Collaboration with Nonprofi t Organizations SHSP and UASI grantees must also work witl the nonprofit community, including through the dedication ofLETPA funds and resources, to address terrorism prevention concems, seek input on the needs ofthe nonprofit sector, and support the goals oftheir investrnents. 40 Appendix B-FY20I4 HSGP Priorities 5. Collaboration with Tribes FEMA strongly encourages States, Urban Areas, and regions to work with Tribal nations in overall initiatives such as whole community preparedness and emergency management planning. 6. Coordination with other Federal agencies and programs States and Urban Areas must coordinate among the entire scope ofFederal partners, national initiatives and grant progams to identify opportunities to leverage resources when implementing their preparedness programs. This may include but is not limited to: Medical Reserve Corps, CDC, and ASPR. Emergency Medical Services for Children @MSC) grants, ASPR Hospital Preparedness Program (HPP), CDC Public Health Emergency Preparedness (PHEP), CDC Cities Readiness Initiative (CRI), Srategic National Stockpile Programs, and EMS. However, coordination is not limited to grant funding. It also includes leveraging assessments such as TSA's Baseline Assessment and Security Enhancement @ASE); reporting from the Intelligenoe Community, risk information such as U.S. Coast Guard's Maritime Security fusk Analysis Model (MSRAM), and CBP Sector Analysis. Senior Advisory Corfimifiee Chartet The govemance of the SHSP and UASI programs through the SAC must be directed by a charter. All members of the SAC should sign and date the charter showing their agreement with its content and their representation on the Committee. Revisions to the governing charter must be sent to the grantee's assigned FEMA Program Analyst. The SAC charrcr must at a minimum address the following: r A detai led description of the SAC's composition and an explanation of key govemance processes, including how SAC is informed by the State's THIRA and SPR data refleoting capability gaps and the approach to address gaps in core capabilities; o A description of the frequency at which the SAC will meet; o How existing governance bodies will be leveraged by the Committee; . A detailed description of how decisions on programmatic priorities funded by SHSP and UASI are made and how those decisions will be documented and shared with its members and other stakeholders, as appropriate; and o A description ofdefined roles and responsibilitics for financial decision making and meeting adminiskative requirements. To ensure ongoing coordination efforts, SAAs are encouraged to share community preparedness information submitted in the State's BSIR with members of the SAC. The cha(er should be made available upon request to promote transparency in decision-making related to HSGP activities. To manage this effort and to further reinforce collaboration and coondination across the stakeholder community, a portion of the 20 percent (207o) holdback of a State or territory award may be utilized by the SAA for the purpose ofsupporting the SAC and to ensure representation and active participation of SAC members. Funding may be used for hiring and training planners, establishing and maintaining a program management structure, identifying and managing 4L Appendix B-FY20I4 HSGP Priorities projects, conducting research necessary to inform the planning process, and developing plans that bridge mechanisms, documents, protocols, and procedures. SAAs will use the URT to verify compliance of SAC charter requirements. S upp I emental UAS I G uidance The UASI program is intended to provide financial assistance to address the unique multi- discipline planning, organization, equipment, training, and exercise needs of high-threat, high- density Urban Areas, and to assist these areas in building and sustaining capabilities to prevent, protect against, mitigate, respond to, and recover from thrcats or acts ofterrorism using the Whole Community approach. Many capabilities which support terrorism preparedness simultaneously support preparedness for other hazards, Grantees must demonstrate the dual-use quality for any activities implemented that are not explicitly focused on terrorism preparedness. Urban Areas must use UASI funds to employ regional approaches to overall preparedness and are encouraged tg adopt regional response structures whenever appropriate. UASI program implementation and govemance must include regional partners and should have balanced representation among entities with operational responsibilities for prevention, prot€ction, mitigation, response, and reoovery activities within the region. In some instances, Urban Area boundaries cross State borders. States must ensure that the identified Urban Areas take an inclusive regional appmach to the development and implementation of the UASI program and involve the contiguous jurisdictions, mutual aid partners, port authoritios, rail and transit authorities, State agencies, State Wide Interoperability Coordinators, Citizen Corps Council(s), and campus law enforcement in their program activities, Grantees must also demonstrate the integration ofchildren and individuals with disabilities or access and functional needs into aCtivities implemented under this program. Composition Pursuant to provisions ofthe 9/l I Ac! eligible UASI sites were determined based on an analysis of relative risk of the 100 most populous Metopolitan Statistical Areas (MSAs), as defined by OMB. MSAs are used by DHS to determine eligibility for panicipation in the program. Geographical areas queried do not equate to minimum mandated membership representation of an Urban Area, nor does this guarantee funding for geographioal areas queried. UAWGs must continue to take a regional approach to membership but are not required to expand or contract existing Urban Area participation to conform to MSA composition. Detailed information on MSAs is publioly available from the United States Census Bureau at UASI Program Requirements The SAA will be responsible for ensuring compliance with the fiduciary and programmatic administration requirements of the UASI program. o ldentify POCs. The SAA must confirm a specific POC with the designated Urban Area. The SAA POCs are responsible for identifying and coordinating with the POC for the UAWG. This information must be provided to FEMA with the grant application. SAAs 42 Appendix B-FY2014 HSGP Priorities must work with existing Urban Areas to ensure that information for current POCs is on file with FEMA. Define the Urben Area. The SAA POC, in coordination with the candidate Urban Areas, must define the Urban Area, as it will apply to the UASI program. The identified city or combined entity represents the candidate Urban Area eligible to apply for funding under the LJASI program. For those Urban Areas with a combined entity, that area represents the minimum area that must be part of the defined Urban Area. The definition of the Urban Area is limited tojurisdictions contiguous to the geographic area used to determine eligibility, or those jurisdictions in that area which have established formal mutual aid agreements. States may request a waiver for this limitation for regions previously established by Executive Order, law, ot compact. For the purposes of the UASI program, the Washington, D.C. Urban Area will consist of the National Capital Region (NCR) as set forth in l0 U.S.C. 52674(f)(2). In ceordination with the UAWG, the SAA POC may redefine the geographic boundaries ofan existing Urban Area, as it will apply to the UASI program. The SAA POC must notiry FEMA of this change. Establish the UAWG. Membership in the UAWG must provide either direct or indircct representation for all relevant jurisdictions and response disciplines (including law enforcement, fire service, EMS, and emergenoy management) that comprise the defined Urban Area. It must also be inclusive of local Citizen Corps Council or their equivalent and Tribal representatives. The UAWG should also ensure the integration of local emergency management, public health, and health care systems into a coordinated, sustained local capability to respond effectively to a mass casualty incident. In addition, the UAWG should include officials responsible for the adminisnation of CDC and ASPR cooperative agrcements. Finally, it is recommended that members advocating on behalf ofvulnerable populations including youth, the elderly and individuals with functional needs, socio-economic factors and cultural diversiry, be invited to provide representati.on. The SAA POC must ensure that appropriate representation for the defined Urban Area is included per this guidance. FEMA strongly encourages that, wherever possible, previously established local worting groups should be leveraged for this purpose to ensure that UASI funded resources are managed in the most ef{icient and effective manrter possible. The UAWG may also support State efforts to develop the SPR, particularly as it relates to UASI funded activities. Governance. The jurisdictions identified in Appendix A - FY 2014 Program Allocations represent the candidate Urban Areas eligible to apply for funding. The UAWG will be responsible for coordinating the development and implementation of all program initiatives. States and Urban Areas must consider including counties within which the cities reside, contiguous jurisdictions, MSAs, operational areas, and mutual aid partners, as appropriate, in the govemance process. In keeping with sound project management practices, the UAWG must ensure that its approach to critical issues such as membership, govemance structure, voting rights, grant management and administration responsibilities, and funding allocation methodologies 43 Appendix B-FY20l4 HSGP Priorities are formalized in a working group charter or other form of standard operating procedure related to the UASI program govemance. The charter must also outline how decisions made in UAWG meetings will be documented and shared with UAWG members. The UAWG charter must be on file with FEMA prior to drawing down UASI funding and must be available to all UAWG members to promote transparency in decision-making related to the UASI program. UASIs will use the URT to verify UAWG structure and membership. Urban Areas must notiff the SAA and FEMA Program Analyst of any updates to the UAWG structure or memb€rship. Develop Urban Area TIIIRA. As a result of the improved govemance process and the rationale for maintaining and sustaining existing capabilities and the development ofnew capabilities, members of the UAWG should be involved in the development of an Urban Area THIRA coordinated with the State THIRA, and subsequent updates. Urban Area Homeland Security Strategy, Urban Area Homeland Security Strategies should be updated every two yeanl at a minimum, to ensure that their stategies continue to address prevention., protection, miligation, response, and recovery, and reflect how their goals and objectives aligr to the Goal and the Whole Community approach. Allocation ofFunds. The use and allocation ofall grant funds available through the UASI program must focus on the Investments identified in the Urban Area's U and the implementation of the FEMA-approved Urban Area Homeland Security Strategy. The use of funds must also be consistent with overall UASI program guidelines, the State Homeland Security Strategy, the National Preparrdness System, and must develop or sustain one or more core capabilities in the 0oal. Funds used to support whole community and individual prcparedness related efforts, such as engaging non- govemmental organizations and vulnerable populations demonstrating the integration of children and individuals with disabilities or access and functional needs in all phases of emergency management, participation of disaster volunteers, such as Community Emergency Response Teams (CERTs) in training, exercises and response and recovery operations, and educating the public should be coordinated with local CERT programs and/or Citizen Corps Councils. The UAWG, in coordination with the SAA POC, must develop a methodology for allocating funding available through the UASI program. The UAWG must reach consensus on all UASI funding allocations. Ifconsensus cannot be reached within the 45- day time period allotted for the State to obligate funds to sub-grantees, the SAA must make the allocation determination. The SAA must provide written dooumentation verifying the consensus of the UAWG, or the failure to achieve otherwise, on the allocation of funds and submit it to FEMA immediately after the 45-day time period allotted for the State to obligate funds to sub-grantees. Any UASI funds retained by the State must be used in direct support of the Urban Area. States must provide documentation to the UAWG and FEMA upon request 44 Appendix B-FY2014 HSGP Priorities demonstrating how any UASI funds retained by the State are directly supporting the Urban Area. Ifthe SAA intends to retain any UASI funds, the SAA must prepare an Investrnent that demonstrates how the retained funds will be used to directly support the designated Urban Area in the State. This Invesfinent should be included in the designated Urban Area's IJ. S upplemental OPSG Guidance OPSG provides funding to designated localities to enhance cooperation and coordination between Federal, State, local, Tribal, and tenitorial law enforcement agenoies in ajoint mission to secure the United Starcs borders along routes ofingress from intemational borders to include travel corridors in States bordering Mexico and Canada, as well as States and territories with Intemational water borders. OPSG is intended to support United States border States and territories in accomplishing the following objectives: o Increase capability to prevent, protect against, and respond to border security issues; . Encourage local operational objectives and capabilities to enhance National and State Homeland Security Strategies (such as the Federal Secure Borders Initiative and United States CBP/ BP strategies);. Increase coordination and oollaboration among Federal, State, local, Tribal, and territorial law enforcement agencies;o Continue the distinct capability enhancements required for border security and border protection; . Provide intelligence-based operations through CBP/BP Sector Level experts to ensure safety and operational oversight ofFederal, State, local, Tribal, and teritorial law enforcement agencies participating in OPSG operational activities; . Support a request to the Govemor to activate, deploy, or redeploy specialized National Guard Units/Packages and/or elements of State law enforcement to increase or augrnent specialized/technical law enforcement elements operational activities; and . Continue to increase operational, material and technolggical readiness of State, local, Tribal, and territorial law enforcement agencies. OPSG funds must be used to increase operational capabilities ofFederal, State, local, Tribal, and territorial law enforcement, promoting a layered, coordinated approach to law enforcement within United States border States and territories. . Federal, State, Local, Tribal, and Territorial OPSG Integrated Planning Team (IPT). It is recommended that Federal, State, local, Tribal, and territorial partners establish and maintain an OPSG IPT with representation from all participating law enforcement agencies, co-chaired by representatives from CBP/BP, the SAA, and participating law enforcement agencies' OPSG program representstives. Coordination Requirements All operational plans should be crafted in cooperation and coordination among Federal, State, local, Tribal, and territorial partners. Consideration will be given to applications that are 45 Appendix B-FY2014 HSGP Priorities coordinated across multiple jurisdictions. All applicants must coordinate with the CBP/BP Sector Headquarters with geographic responsibility for the applicant's location in developing and submitting an Operations Order with an embedded budget to the SAA. After awards are announced, prospective grant recipients will re-scope the draft Operations Order and resubmit as a final Operations Order with an embedded budget, based on actual dollar amounts te be awarded. Final Operations Qrders will be approved by the appropriate Sector Headquarters and forwarded to Headquarters, Office of Border Patrol, Washington, D.C., before funding is released. Grantees may not begin operations, obligate, or expend any funds until the final Operations Order and embedded budget has been approved by FEMA GPD and CBP/BP Headquarters and any existing special conditions and/or restrictions are removed. OPSG activities are expected to maximize HSGP strategic planning efforts and integration with State, Tribal, territory, Urban Area, and local Homeland Security Strategies. Management and Administration (M&A) For information on how t,o determine M&A for OPSG awards, please review GPD policy, Clarification for Allowable Management and Administration (M&A) Costs under the Operation Stonegarden Grant Program, dated June 25,2013. The policy is located at http : //www.fema. sov/medialibrarv/asse ts/documents/ 3 3 5 7 7. 46 Appendix B-FY2014 HSGP Priorities Additional Funding Considerations Below are additional areas to consider where funding can be applied to strengthen preparedness efforts. Enhancing Cy bercecurity Capabilities Applicants arc encouraged to propose projects to aid in implementation ofall or part ofthe National Institute of Standards and Technology (NISQ Cyber Security Framework when requesting funds for cybersecurity. The CSF is available at The Framework gathers existing global standards and practices to help organizations understand, communicate, and manage their cyber risks. For organizations that don't know where to start, the Framework provides a road map. For organizations with more advanced cybersecurity, the Framework ofTers a way to better communicate with their leadership and with suppliers about management of cyber risks. The Department of Homeland Security's Critical Infrastructure Cyber Community Cr Voluntary Program also provides resources to critical infrastnrcture owners and operators to assist in adoption of the Framework and managing cyber risks. For more information visit hap://ww.us- cert.sov/ccuhedvp. Maos Casualg Incident Preparedness and Cilizen heparcdness Although the Citizen Corps Program (CCP) and Metropolitan Medical Response System (MMRS) are no longer funded as discrete grant programs within HSGP, States may include IJs funding and supporting CCP and MMRS activities/programs. Activities funded under these projects must meet the allowability requirements of tlre SHSP and UASI programs. The following coordination requirements will remain in place for proposed activities that support mass casualty incident preparedness, as well as citizen preparedness. Mass casualty preparedness must be conducted in collaboration with State/cityi local health deparfinents that administer Federal funds from HHS to enhence the integration oflocal emergency management, public health, and health care systems into a coordinated, sustained local capability to respond effectively to a mass casualty incident or a response to catastrophic events and acts of terrorism. Grantees must also demonstrate how their Investments will increase the effectiveness of emergency preparedness planning and response for the whole community by integating and coordinating activities for vulnerable populations inoluding children, the elderly, pregnant women, and individuals with disabilities and others with access and functional needs. Further, grantees are strongly encouraged to collaborate with local, regional, and State public health and health care partners, including Medical Reserve Corps Units and Citizen Corps Councils or their equivalent, as well as leverage other Federal programs, suoh as the F{HS ASPR Hospital Preparedness Program and Emergency Systems for Advance Registration of Volunteer Health Professionals (ESAR-VHP), CDC Cities Readiness Initiative (CRI), PHEP, and Strategio National Stockpile Programs. To demonstrate whole community engagement, Citizen Corps Councils and Community Emergency Response Teams (CERTs) programs must regisler new programs or update information on the website in order to be considered by a state or local jurisdiotion for inclusion in their IJs when applying for HSGP funds. Program updates can be made at 47 Appendix B-FY20l4 HSGP Priorities http: //www.readv.gov/citizen-colps and at htto://wyw.fema.qov/corymunily-emersencv-response- teams. The Citizen Corps and CERT Core Capabilities Tool (CCT) has been developed to help $antees develop IJs that reference how Citizen Corps and CERT activities contribute to and support core capabilities. The CCT is avdltble at htto://www.r?adv.eov/citizen-corps/citizen- c qrp s - er a!1 t - i nfo rmat i o n - a n dlli n a nc i a l- f e s o w c g s. Citizen preparedness must be coordinated by an integrated body of govemment and nongovemmental representatives. State and looal govemment recipients of HSGP funds must have a coordinating body to serve as their Citizen Corps Council, with membership that includes, but is not limited to: representatives from emergenoy management, homeland security, law enforcement, fire sorvice, EMS, public health or their designee, elected officials, the private sector (especially privately owned critical infrastructure), private nonprofits, nongovemmental organizations (including faith-based, community-based, and voluntary organizations), and advocacy groups for children, seniors, people with disabilities and others with access and functional needs. 48 Appendix B-FY20l4 HSCP Priorities Appendix C - Funding Guidelines Grantees must comply with all the requirements in 44 CFR Part $13 and 2 CFR Part $215. In general, grantees should consult with their FEMA Headquarters Program Analyst prior to making any Investment that does not clearly meet the allowable expense criteria established by the FOA. Funding guidelines established within this section support the five mission areas- Prevention, Protection, Mitigation, Response, and Recovery-and associated core capabilities within the Goal. Allowable Investrnents made in support of the HSGP priorities as well as other capability- enhancing projects must fall into the categories of planning, organization, exercises, training, or equipment. Planning (SHSP and UASI) SHSP and UASI funds may be used for a range of emergency preparedness and management planning activities and such as those associated with the development of the THIRA, SPR, and other planning activities that support the Goal and placing an emphasis on updating and maintaining a current EOP that conforms to the guidelines outlined in CPG 101 v 2.0 For additional information, please see ht t o : //ww w. fe m a. gov/ o df/ ab out / div i s i ons /np d/ C P G -l 0 I -V 2. p df . Organization (SHSP and UASI Onty) Organizational activities include: . Program management;o Development of whole community partnerships, through groups such as Citizen Corp Councils;. Structures and mechanisms for information sharing between the public and private sector;. lmplementing models, programs, and workforce enhancement initiatives to address ideologically-inspired radicalization to violence in the homeland; . Tools, resources and activities that facilitate shared situational awareness between the public and private sectors;o Operational Support;. Utilization of standardized resource management concepts such as typing, inventorying, organizing, and tracking to facilitate the dispatch, deployment, and recovery of resources before, during, and after an incident;. Responding to an increase in the threat level under the National Terrorism Advisory System (NTAS), or needs in resulting from a National Special Security Event; ando Paying salaries and benefits for personnel to serve as qualified intelligence analysts. States and Urban Areas must justi$ proposed expenditures ofSHSP or UASI funds to support organization activities within their IJ submission by using historical data or other analysis. All States are allowed to utilize up to 50 percent (507o) oftheir SHSP funding and all Urban Areas are allowed up to 50 percent (50%) of their UASI funding for personnel costs. At the request of 49 Appendix C-FY20I4 HSGP Funding Guidelines a recipient of a grant, the Administrator may grant a waiver of the 50 percent (50%) limitation noted above. Organizational activities under SHSP and UASI include:o Intelligence analysts. Per the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Seatrity Ac, (Publio Law I 10-412), SHSP and UASI funds may be used to hire new staff and/or contractor positions to serve as intelligence analysts to enable informatior/intelligence sharing capabilities, as well as support existing intelligence analysts previously covered by SHSP or UASI funding. In order to be hired as an intelligence analyst, staff and/or contractor personnel must meet at least one ofthe following criteria:- Successfu y complete training to ensure baseline proficiency in intelligence analysis and production within six months ofbeing hired; and/or,- Previously served as an intelligence analyst for a minimum of two years either in a Federal intelligence agency, the military, or State and/or local law enforcement intelligence unit As identified in the Maturation and Enhancement of Stdte and Major Urban Area Fusion Centers prioity, all fusion center analytic personnel must demonstrate qualifications that meet or exceed competencies identified in the Common Conpetencies for State, Local, and Tribal Intelligence Analysts, which outlines the minimum categories of training needed for intelligenca analysts. A certificate of completion of such training must be on file with the SAA and must be made available to the grantee's respective FEMA Program Analyst upon request. In addition to these training requirements, fusion centors should also continue to mature their analytic capabilities by addressing gaps in analytic capability identified during the fusion center's annual assessment. . Overtime costs. Overtime costs arc allowable for personnel to participate in information, investigative, and intelligence sharing activities specifically related to homeland security and specifically requested by a Federal agency. Allowable costs are limited to overtime associated with federally requested pa(icipation in eligible fusion activities, inoluding anti-terrorism task forces, Joint Terrorism Task Forces (JTTFs), Area Maritime Security Committees (as required by lhe Moritime Transportation Security Act of 2002\,DHS Border Enforcement Security Task Forces, and Integrated Bonder Enforcement Teams. Grant funding can only be used in proportion to the Federal man- hour estimate, and only after funding for these activities from other Federal sources (i.e., FBI JTTF payments to State and local agencies) has been exhausted. Under no circumstances should DHS grant funding be used to pay for costs already supported by funding from another Federal source. . Operational overtime costs. In support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts oftenorism, operational overtime costs zue allowable for increased security measures at critical infrastructure sites. SHSP or UASI funds for organizational costs may be used to support select operational expenses associated with increased security measures at critical infrastructure sites in the following authorized categories: - Backfil[ and overtime expenses for staffing State or Major Urban Area fusion centers; 50 Appendix C-FY20l4 HSGP Funding Guidelines - Hiring of contracted security for critical infrastructure sites; - Participation in Regional Resiliency Assessment Program (RRAP) activities; - Public safety overtime; - Title 32 or State Active Duty National Guard deployments to protect critical infrasffucture sites, including all resources that are part of the standard National Guard deployment package (Note: Consumable costs, such as fuel expenses, are not allowed except as part of the standard National Guard deployment package); and - Increased border security activities in coordination with CBP, as outlined in IB 135 bulletins,t. SHSP or UASI funds may only be spent for operational overtime costs upon prior approval provided in writing by the FEMA Adminishator. Note: States with UASI jurisdictions can use funds retained at the State level to reimburse eligible operational overtime expenses incurred by the State (per the above guidance limitations and up to a maximum of 50 percent (50%) of the State share of the UASI grant). Any UASI funds retained by the State must be used in direct support of the Urban Area. States must provide documentation to the UAWG and FEMA upon request demonstrating how any UASI funds retained by the State would directly support the Urban Area. Equipment (SHSP and UASI) The 2l allowable prevention, protection, mitigation, response, and recovery equipment categories and equipment standards for HSGP are listed on the web-based version of the Authorized Equipment List (AEL) on the Lessons Learned lnformation System at http://llis.gov/. Unless otherwise stated, equipment must meet all mandatory regulatory and/or DHS-adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Grant funds may be used for the procurement of medical countermeasures. Procurement of medical countermeasures must be conducted in collaboration with State/city/local health departments who administer Federal funds from HHS for this purpose. Procurement must have a sound threat based justification with an aim to reduce the consequences of mass casualty incidents during the first crucial hours of a response. Prior to procuring pharmaceuticals, grantees must have in place an inventory management plan to avoid Iarge periodic variations in supplies due to coinciding purchase and expiration dates. Grantees are encouraged to enter into rotational procurement agreements with vendors and distributors. Purchases of pharmaceuticals must include a budget for the disposal of expired drugs within each fiscal year's the period of performance for HSGP. The cost of disposal cannot be carried over to another FEMA grant or grant period. Training (SHSP and UASI) Allowable training-related costs under HSGP include the establishment, support, conduct, and attendance of training specifically identified under the SHSP and UASI programs and/or in 51 Appendix C-FY2014 HSGP Funding Guidelines conjunction with emergency preparedness training by other Federal agencies (e.g., HHS and DOT). Training conduoted using HSGP funds should address a performance gap identified through an After Action Report/Improvement Plan (AAR/tr) or other assessments (e.9., National Emergency Communications Plan INECP] Goal Assessments) and contribute to building a capability that will be evaluated through a formal exercise. Any training or training gaps, including those for vulnerable populations including children, the elderly, pregnant women, and individuals with disabilities or access and functional needs, should be identified in the AAR rtr and addressed in the State or Urban Area training cycle. Grantees are encouraged to use existing haining rather than developing new courses. When developing new courses, gpntees are encouraged to apply the Analysis, Design, Development, Implementation and Evaluation model of instructional design (Course Development Tool) located at ht tps : //www..fi r s tre sg) nde r tra i ni np. pov. Exercises (SHSP and UASI) Exercises conducted with FEMA support should be managed and executed in accordance with HSEEP. HSEEP guidance for exercise design, development, conduct, evaluation, and improvement planning is locatel at htlps : //www. llis. dhs. cqv/lrseep. Maintenance and Sustainment (SHSP, UASI, and OPSG) The use ofFEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable, as described in FEMA Policy FP 205- 402-125-l (http://www.Iema.oov/media-librarv/assets/documents/32474\ under all active and future grant awards, unless otherwise noted. With the exception of maintenance plans purchased incidental to the original purchase of the equipment, the period covered by a maintenanoe or wananty plan must not exceed the period of performance of the specific grant funds used to purchase the plan or warranty. Grant funds are intended to support the Goal by funding projects that build and sustajn the core capabilities necessary to prevent, protect against, mitigate the effects o{, respond to, and recover from those threats that pose the greatest risk to the security ofthe Nation. In order to prolide grantees the ability to meet this objective, the policy set forth in GPD's IB 379 (Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHSIFEMA Grant Funding) allows for the expansion of eligible maintenance and sustainment costs which must be in l) direct suppo( of existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant program; (3) be tied to one ofthe core capabilities in the five mission areas contained within the Goal, and (4) shareable through the Emergency Management Assistance Compact. Additionally, eligible costs must also be in support of equipment, training, and.critical resources that have previously been purchased with either Federal grant or any other source of funding other than DHS/IEMA preparedness grant program dollars. Law Enforcement Terrorism Prevention Allowable Costs (SHSP and UASI) Activities eligible for use of LETPA focused funds are outlined in the National Prevention Framework (and where capabilities are shared with the protection mission area, the National Protection FrameworiJr) located al http://www.femo.eov/national-planninglframeworks and include: 52 Appendix C-FY2014 HSGP Funding Guidelines . Maturation and enhancement ofdesignated State and major Urban Area fusion centers, including information sharing and analysis, threat recognition, terrorist interdiction, and training/ hiring of intelligence analysts;. Implementation and maintenance of the Nationwide SAR Initiative, including training for front line personnel on identi$ing and repocing suspicious activities; . Implementation of the "If You See Something, Say Somethingfr" campaign to raise public awareness of indicators ofterrorism and terrorism-related crime and associated efforts to inorease the sharing of information with public and private sector partners, including nonprofit organizations. Note: DHS requires that the Office of Public Affairs be given the opportunity to review and approve any public awareness materials (e.g., videos, posters, tri-folds, etc.) developed using HSGP grant funds for the "If You See Something, Say SomethingrM" campaigr to ensure these materials are consistent with the Departnent's messaging and strategy for the campaign and the initiative's trademark; o Training for countering violent extsemism; development, implcmentation, and/or expansion of programs to engage communities that may be targeted by violent extremist radicalization; and the development and implementation ofprojects to partrrer with local communities to prevent radicalization to violence, in accordance with the Strategic Implementation Plan (SIP) to the National Strategy on Empowering Local Parhers to Prevent Violent Extremism in the United States; and. Increase physical security, through law enforcement personnel and other protective measures by implementing preventive and protective measures at critical infrastructure site or other at-risk nonprofit organizations. Critical Emergency Supplies (SHSP and UASI) In order to further DHS' mission, critical emergency supplies, such as shelf stable products, water, and basic medical supplies are an allowable expense under SHSP and UASI. Prior to the allocation of grant funds for stockpiling purposes, each state must have FEMA's approval ofa five-year viable inventory management plan which should include a distribution smtegy and related sustainment costs ifplanned grant expenditure is over $100,000. If grant expenditures exceed the minimum threshold, the five-year inventory management plan will be developed by the grantee and monitored FEMA GPD with the assistance of the FEMA Logistics Management Directorate (LMD). FEMA GPD will coordinate with LMD and the respective FEMA Region to provide progra6 oversight and technical assistance as it relates to the purchase of critical emergency supplies under UASI. FEMA GPD and LMD will establish guidelines and requirement for the purchase of these supplies under UASI and monitor development and status of the St8te's inventory management plan. States (through their Emergency Management Offioe) are strongly encouraged to consult with their respective FEMA Regional Logistics Chiefregarding disaster logistics- related issues. States are further encouraged to share their FEMA approved plan with local jurisdictions and Tribes. Construction and Renovation (SIISP and UASI) Project consEuction using SHSP and UASI funds may not exoeed the greater of$I,000,000 or l5 percent (15%) ofthe grant award. For the purposes of the limitations on funding levels, communications towers are not considered construction. 53 Appendix C-FY20l4 HSGP Funding Guidelines Written approval must be provided by FEMA prior to the use of any HSGP funds for construction or renovation. When applying for construction funds, including communioations towers, at the time ofapplication, grantees must submit evidence of approved zoning ordinances, architectural plans, any other locally required planning permits, and a notice ofFederal interest. Additionally, grantees are required to submit a SF424C Budget and Budget detail citing the proj ect oosts. When applying for funds to construct communication towers, grantees and sub-grantees must submit evidence that the FCC's Section 106 review process has been completed and submit all documentation resulting from that review to GPD using the guidelines in EIIP Supplement prior to submitting materials for EHP review. Completed EIIP review materials for construction and communication tower projects must be submitted no later than 12 months before the end of the period of performance. EHP review materials should be sefi to g@lrpirrfu@,&mc!,so!. HSGP Progmm grantees using funds for constsuction projects must comply with the Darrrs- BaconAct(40U.S.C.3141 et seq.). Grant recipients must ensure that their contractors or subcontractors for construction projects pay workers employed directly at the work-site no less than the prevailing wages and fringe benefits paid on projects of a similar chancter. Additional information, including Department of Labor (DOL) wage determinations, is available from the following website http : //www. dol. sov/compliance/laws/como-dbra. htm. OPSG funds may not be used for any type ofconstruction. Personnel (SHSP and UASI) Personnel hiring, overtime, and backfill expenses are permitted under this grant in order to perform allowable HSGP planning, training, exercise, and equipment activities. Personnel may include but is not limited to: training and exercise coordinators, progpm managers for activities directly associated with SHSP and UASI funded activities, intelligence analysts, and stalewide interoperability coordinators (SWfq. For funher details, SAAs should refer to IB # 358 or contact their FEMA Headquarters Program Analyst. HSGP funds may not be used to support the hiring ofany personnel for the purposes of fulfilling traditional public health and safety duties or to supplant traditional public health and safety positions and responsibilities. The following are definitions as it relates to personnel costs: . Hiring. State and local entities may use grant funding !o cover the salary of newly hired personnel who are exclusively undertaking allowable FEMA program activities as specified in this guidance. This may not include new personnel who are hired to fulfill any non-FEMA program activities under any circumstances. Hiring will always result in a net increase ofFull Time Equivalent (FTE) employees.. Overtime. These expenses are limited to the additional costs which result from personnel working over and above 40 hours of weekly work time as a direct result of their 54 Appendix C-FY20l4 HSGP Funding Guidelines performance of FEMA-approved activities specified in this guidance. Overtime associated with any other activity is not eligible.c Baclfrll-related Overtime. Also called "Overtime as Backfill," these expenses are limited to overtime costs which result from personnel who are working overtime (as identified above) to perform the duties of other personnel who are temporarily assigned to FEMA- approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of FTE employees. c Supplanting. Grant funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Applicants or grantees may be rEquired to supply documentation certifoing that a reduction in non- Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. Operational Packages (OPacks) (SHSP and UASI) Applicants may elect to pursue operational package (OPack) funding, such as Canine Teams, Mobile Explosive Screening Teams, and Anti-Terrorism Teams, for new capabilities as well as sustain existing OPacks. Applicants must commit to minimum haining standards to be set by the Department for all Federally funded security positions. Applicants must also ensure that the capabilities are able to be deployable, through EMAC, outside of their community to support regional and national efforts. When requesting OPacks-related projects, applicants must demonstrate the need for developing a new capability at the expense of sustaining existing core capability. Western Hemispheric Travel Initiative (SHSP) In addition to the expenditures outlined above, SHSP funds may be used to support the implementation activities associated with the Westem Hemisphere Travel Initiative (WHTI), including the issuance of WHTl-compliant Tribal identification cards. More information on the WHTI may be found at http://www.dlg.govlfiles/prosrans/sc l200693579776.shtm or htt p : //w w w. se No uhome. e ov/ htm I / e n g _m ap. htm l. Other Secgre Identification Initiatives (SIISPJ SHSP funds may also be used to support the Department's additional efforts to enhance secure identification, including driver's license and identification security enhancements. Activities that facilitate secure identification, including IT enhancements for identification management and verification systems are a priority. DHS is currently developing and implementing a number of screening programs in which secure identification credentials figure prominently. These include the Transportation Worker Identification Credential (TWIC) program which promotes tamper- resistant biometric credentials for workers who rcquire unescorted access to secure areas of ports, vessels, outer continental shelf facilities, and ell credentialed merchant mariners; and the credentialing of first responders which entails enhancing real-time electronic authentication of identity and attribute(s) (qualification, certification, authorization, and/or privilege) of emergency response/critical govemment personnel responding to terrorist attacks or other catastrophic events. 55 Appendix C-FY20l4 HSGP Funding Guidelines States may continue implementing activities previously funded through the Driver's License Security Grant Program (DLSGP) that focus on securing driver's license and identification card issuance processes. Initiatives related to securing identification should: o Have the $eatost impact upon reducing the issuance and use of fraudulent driver's license and identification cards;. Reduce the cost of program implementation for individuals, States, and the Federal government;o Driver's license identification material requirements;o Expedite State progress toward meeting minimum security standards; ando Plan and expedite State-specific activities to support Federal data and document verification requirements and standards. Operations (OPSG) The intent ofOPSG is to focus on operational aspects ofenhancing coordination between Federal, State, local, Tribal, and territorial law enforcement agencies to increase the security of the United States borders. . Oryrational Overtime. OPSG funds may be used for operational overtime costs associated with law enforcement activities, in support of border law enforcement agencies for increased border security enhancement. At the request ofa grcnt recipient, the FEMA Administrator may waive the 50 percent (507o) personnel cap. Waiver decisions are at the discretion of the FEMA Administrator and will be considered on a case-by-case basis. A formal OPSG personnel waiver request should: - Be requested on official letterhead, include a written justification, and be signed by the local jurisdiction; - Include a budget and method of calculation of personnel costs both in percentage ofthe grant award and in total dollar amount. To avoid supplanting issues, tlle request must also include a three-year stalling history for the requesting entity; - Include an approved Operations Order from the CBP/BP Sector office which supports the local jurisdiction's written justification; - Be coordinated with the CBP Sector, SAA, and OBP; and - Be forwarded electronically by CBP to FEMA.o Part Time Personzel OPSG funds may be used to pay additional current part time law enforcement personnel salaries in order to bring them to temporary full time status.. Travel, Per Diem, and Lodging. Travel and per diem include costs associated with the deployment/redeployment ofpersonnel to border areas and for travel associated with law enforcement entities assisting other local jurisdictions in law enforcement activities. In addition, costs to support up to six month deployment of law enforcement personnel to critical Southwest Border locations to support operational activities (travel costs must be in accordance with applicable travel regulations).. Vehicle and Equipment Rentals.o Vehicle/Equipment Maintenance.. Fuel Cost and/or Mileage Reimbursement. There is no oap for reimbursement of operational activities. 55 Appendix C-FY20l4 HSGP Funding Guidelines . Activate Reserve State, local, Tribal, and tenitorial low enforcement personnel. Supporting a request to the Governor to activate, deploy, or redeploy specialized National Guard Units/Package and/or elements of State law enforcement to increase or augment specialized/technical law enforcement elements operational activities. . Backfill. Costs associated with backfill for personnel supporting operational activities. . Law Enforcement Readiness. Use ofOPSG funds may be used to increase operational, material, and technological readiness of State, local, Tribal, and territorial law enforcement agencies. Unallowable Cosh (OPSG) OPSG unallowable costs include costs associated with staffing and general IT computing equipment and hardware, such as personal computers, faxes, copy machines, modems, etc. OPSG is not intended as a hiring program. Therefore, applying funds toward hiring full-time or permanent sworn public safety officers is unallowable. OPSG funding shall not be used to supplant inherent routine patrols and law enfotcement operations or activities not directly related to providing enhanced coordination between local and Federal law enforcement agencies. Finally, constnrction and/or renovation costs are prohibited under OPS6. Applicants should rsfer to IB 358 or contact their FEMA Headquarters Progam Analyst at (800) 368-6498 for guidance and clarification. Unallowable Costs (SIISP and UASI) Per FEMA policy, the purchase ofweapons and weapons accessories is not allowed with HSGP funds. Per the Anti-Deficiency Aot, federal govemment personnel, or representatiYes thereof, are prohibited from participation in projects awarded to sub grantees. This includes the solicitation, selection and monitoring of sub grantees. Examples of Alloh' ble Activities for SHSP and UASI Planning Activities Examples of planning activities include: o Developing hazardlthreat-specific annexes that incorporate the range ofprevention, proteotion, mitigation, response, and r€covery activities as identified in the national planning frameworks . Developing and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following: - Conducting a THIRA process - lmplementing the Goal, National Preparedness System, and the Whole Community Approach to Security and Emergency Msnagement inoluding efforts to support strengthening of capacity among whole community partners - Pre-event recovery planning - Implementing the 2014 National Infrastructure Protection Plan (NIPP) and associated Sector Specific Plans 57 Appendix C-FY20I4 HSGP Funding Guidelines - Enhancing and implementing SCIPs and Tactical Interoperable Communications Plans (TICPs) that align with the goals, objectives, and initiatives of the National Emer ge ncy C ommunicat ions P lan $.{ECP)- Costs associated with the adoption, implementation, and sustainment of the NMS, including implementing the NIMS Guideline for Credentialing of . Personnel - Modifying existing incident managernent and EOPs to ensure proper alignment with the coordinating structur€s, processes, and protocols described in the National Frameworks - Establishing or enhancing mutual aid agreements - Developing communications and interoperability protocols and solutions consistent with NMS/ICS that include communications support for faith-based and voluntary organizations - Developing emergency communications SOPs and plain language protocols - Integrating emergency communications SOPs across jurisdiction, disciplines, and levels of govemment - Conduoting local, regional, and Tribal program implementation workshops - Developing or updating resource inventory assets in accordance to NIMS-typed resource definitions which arc managed by FEMA's National Integation Center (NIC) and can be found at: htto://www.fema.gov/resource-manasement- Designing State and local geospatial data systems - Developing and conducting public education and outreach campaigns, including promoting individual, family, and organizational emergency preparedness and support for the National Preparedness Campaign including America's PrepareAthon! and Ready campaigns, as required by the National Preparedness System; alerts and warnings education; promoting training, exercise, and volunteer opportunities; informing the public about emergency plans, evacuation routes, shelter locations; and evacuation plans as well as CBRNE prevention awareness - Designing programs to address targeting at-risk populations and engaging them in emergency management planning efforts - Developing and conducting public education and outreach campaigns, including promoting individual, family, and organizational emergency preparedness and support for the national Campaign to Build and Sustain Preparedness, including America's PrepareAthon !, as required by the National Preparedness System; the Ready Campaign; alerts and wamings education; promoting training, exercise, and volunteer opportunities; informing the public about emergency plans, evacuation routes, shelter locations; and evacuation plans as welt as CBRNE prevention awareness activities, materials, services, tools and equipment to achieve planning, protection, mitigation, response and recovery that is inclusive of people with disabilities (physical, programmatic and communications access for people with physical, sensory, mental health, intellectual and cognitive disabilities) - Preparing materials for SPRs - WHTI implementation activities including the issuance of WHTl-compliant Tribal identification cards 58 Appendix C-FY20l4 HSGP Funding Guidelines Conducting statewide emergency communications and preparedness planning, including the following activities: - Conducting/attending plarning and govemance workshops - Engaging and expanding the participation of the whole community in emergency communications planning, response, and risk identification - Participating in TT{IRA development process - Collecting and using data (e.g., NECP Goal Assessments, findings from national- level exercises) to assess user needs, capabilities, and gaps, and to facilitate coordination and asset-sharing - Assessing emergency communications needs and assets and integrating needs into State plans (e.g., SCIP, SPR" and broadband plans) - Coordinating with SWIC, SAA, and StateJevel planners to ensure proposed investments align to statewide plans (e.g., SCIP, State broadband plan) and comply with technical requirements Developing related terrorism prevention activities:- Coordinating fusion center efforts with other analytical and investigative efforts including, but not limited to JTTFs, Field Intelligence Groups (FIGs), High lntensity Drug Trafficking Areas (tilDTAs), Regional Information Sharing Systems (NSS) Centers, criminal intelligence units, and real-time crime analysis centors. - Developing THIRAs that reflect a representative makeup and composition of the jurisdiction - Developing initiatives that directly support local efforts to understand, recognize, prepare for, prevent, mitigate" and respond to pre-operational activity and other crimes that ate precursors or indicators ofterrorist activity, in accordance with civil rights/civil liberties protections - Developing law enforcement prevention activities, to include establishing and/or enhancing a fusion center - Hiring an IT specialist to p[an, develop, and implement the IT applications necessary for a fusion center - Developing and planning for information/intelligence sharing groups - Integrating and coordinating the fire service, emergency management, public health care, public safety, and health security data-gathering (threats to human and animal health) within designated fusion centers to achieve early waming, monitoring, and mitigation of threats - Hiring and training privacy, security, and/or fusion liaison officers (FLO) coordinators to support fusion center operations - Inte$ating and coordinating private sector participation with fusion oenter activities - Developing and implementing preventive radiological/nuclear detection activities - Acquiring systems allowing connectivity to State, local, Tribal, territorial, and Federal data networks, such as the National Crime Information Center (NCIC) and Integrated Automated Fingerprint Identification System (IAFIS), as appropriate - Planning to enhance security during heightened alerts, terrorist incidents, and/or during mitigation and recovery 59 Appendix C-FY20l4 HSGP Funding Guidelines - Accessible public information/education: printed and electronic materials, public service announcements, seminars/town hall meetings, and web postings coordinated through local Citizen Corps Councils - Volunteer programs and other activities to strengthen citizen participation - Conducting public education campaigns including promoting suspicious activity reporting and preparedness; individual, family, and organizational emergency preparedness; Promoting the national Campaign to Build and Sustain Preparedness and the Ready campaign - Evaluating Critical Infrastructure Protection (CIP) security equipment and/or personnel requirements to protect and secure sites - CIP cost assessments, including resources (e.g., financial, personnel) required for security enhancementVdeployments - Underwater Terrorist Protection Planso Developing and implementing a comprchensive model for preventing violent extremism in local communities:o Including existing law enforcement agencies' initiatives and including mechanisms for engaging the resources and expertise available from a range of social service providers, such as education administrators, mental health professionals, and religious leaders;o Enhancing engagement with communities to discuss violent extremism in an effort to (l) share sound, meaningful, and timely information about the tlreat of radicalization to violence with a wide range of groups and organizations, particularly those involved in public safety; (2) respond to concems about govemment policies and actions; and (3) increase understand for how community- based solutions can be supported. o Building expertise, including a robust training program to improve cultural competency and to ensure that communities, govemment, and law enforcement receive accurate, intelligenoe-based information about the dyramics of radicalization to violence.o Developing and enhancing risk centric capabilities-based plans and protocols, including but not limited to: - Community-based planning to advance "whole community'' security and emergency management - Incorporating governmenUnon-governmental collaboration, citizen preparedness, and volunteer participation into State and local govemment homeland security strategies, policies, guidance, plans, and evaluations - Developing, enhancing, maintaining a current EOP that conforms to the guidelines outlined in the CPG l0l v 2.0 - Planning for the relocation of existing systems operating in the T-Band- Developing or enhancing local, regional, or Statewide strategic or tactical interoperable emergency communications plans including such actions to support communications with faith-based and voluntary entities who act as immediate responders in disaster - Developing or enhanoing critical infrastruchre planning, to include planning for incidents at chemical facilities 60 Appendix C-FY20I4 HSGP Funding Guidelines - Developing protocols or SOPs for specialized teams to incorporate the use of equipment acquired through this grant program - Developing terrorism prevention/protection plans - Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSCP and implementation of State or Urban Area Homeland Security Strztegies- Developing plans for mass evacuation and prc-positioning equipment - Developing or enhancing plans for responding to mass casualty incidents caused by any hazards - Developing or enhancing applicable procedures and operational guides to implement the response actions within the local plan including patient tracking that addresses identi$ing and tracking children, access and fimctional needs population, and the elderly and keeping families intact where possible - Developing or enhancing border security plans - Developing or enhancing cybersecurity and risk mitigation plans - Developing or enhancing secondary health screening protocols at major points of entry (e.g., air, rail, port) - Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans - Developing public/private sector partnership emergency rcsponse, assessment, and resource sharing plans - Devoloping or enhancing plans to engage and interface witlr, and to increase the capacity of, private sector/non-govemmental entities working to meet the human service response and recovery needs ofsurvivors - Developing or updating local or regional communications plans - Developing plans to support and assist jurisdictions, such as port authorities and rail and mass transit agencies - Developing or enhancing continuity of operations and continuity of govemment plans - Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate Federal assets provided under the NRF and the National Disaster Recovery Framework (NDRF) - Developing plans and response procedures for adjudicating, validating and responding to an alarm from a chemical or biological detector (response procedures should include emergency response procedures integrating local first responders) - Developing or enhancing evacuation plans - Developing mechanisms for utilizing the National Emergency Family Registry and Locator System (NEFRLS) - Developing or enhancing plans to prepare for surge capacity of volunteers - Developing or enhancing the State EMS systems - Developing or enhancing plans for donations and volunteer management and the engagement/integration ofprivate sector/non-govemmental entities, and faith- based organizations in preparedness, mitigation, response, and recovery activities - Developing school preparedness plans 61 Appendix C-FY2014 HSGP Funding Guidelines - Developing preparedness plans for child congregate care facilities, including group residential facilities, juvenile detention facilities, and public/private child care facilities - Developing plans to educate youth on disaster preparedness - Ensuring jurisdiction EOPs adequately addrcss wamings, emergency public information, evacuation, sheltering, mass care, resource management from non- governmental sources, unaffiliated volunteer and donations management, and volunteer resource integration to support each Emergency Support Function, to include appropriate considerations for integrating activities, materials, services, tools and equipment to achieve planning inclusive ofpeople with disabilities (physical, programmatic and communications access for people with physical, sensory, mental health, intellectual and cognitive disabilities). Developing and implementing civil rights, civil liberties, and privacy policies, procedures, and protocols - Designing and developing State, local, Tribal, and territorial geospatial data systems - Developing and implementing statewide electronic patient care reporting systems compliant with the National Emergency Medical Services Information System (NEMSIS) - Costs associated with inclusive practices and the provision of reasonable accommodations and modifications to provide full access for children and adults with disabilities Preparing and submitting SCIPs for SHSP, Preparing and submitting reports to the Office of Emergency Communications (OEC) on progress of implementing that State's SCIP and achieving interoperability at the interstate, State, county, regional, and city levels Updating and implementing SCIP and TICP to: - Address findings and gaps identified in AARs from real world incidents and planned exercises, NECP Goal assessments, odrer StateJevel preparedness reports and assessments- Incorporate the Natibnal Preparedness System and DHS Whole Community initiatives - Address plans for implementation of the Federal Communications Commission (FCC) narrowband requirements - Describe strategic broadband planning activities and initiatives in preparation for the future deployment ofthe Nationwide Public Safety Broadband Network (NPSBN) Developing or conducting assessments, including but not limited to: - Developing pre-event recovery plans - Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop remediation/security plans - Participating Regional Resiliency Assessment Program (RRAP) activities - Conducting or updating interoperable emergency communications capabilities assessments at the local, regional, or Statewide level (e.g., Communications Assets and Mapping [CASM])- Developing border security operations plans in coordination with CBP 62 Appendix C-FY20l4 HSGP Funding Guidelines - Developing, implementing, and reviewing Area Maritime Security Plans for ports, waterways, and coastal areas- Updating and refining threat matrices - Conducting cyber risk and vulnerability assessments - Conducting assessments and exercising existing catastrophic incident response and recovery plans and capabilities to identift critical capability gaps that cannot be met by existing local, regional, and State resources - Activities that directly support the identification ofspecific catastrophic incident priority response and recovery projected needs across disciplines (e.g., law enforcemen! fire service, EMS, public health, behavioral health, public works, agriculture, information technology, and citizen preparedness) - Activities that directly support the identification ofpre-designated temporary housing sites - Activities that support the identification and development of ahemate care sites - Conducting community assessments, sun/eys, and research of vulnerabilities and resource needs to determine how to meet needs and build effective and tailored strategies for educating individuals conducting assessments ofthe extent to which compliance with the integration mandate ofdisabitity laws is being achieved - ConductingPreparednessresearch - Conducting or updating interoperable emergency communications capabilities and broadband needs assessments at the local, regional, or Statewide level - Soft target security planning (e.g., public gatherings) r Developing, hosting, or participating in bombing prevention/counter-improvised explosives device (IED)-specific planning initiatives to include: - Incorporating appropriate IED-specific intelligence and threat analysis when developing and maintaining a THIRA; - Conducting inventories and assessments ofcapabilities or typed resource using the counter-lED-specific DHS National CounterJED Capabilities Analysis Database (NCCAD) program for use in applicable THIRAs, preparedness reporting, or strategies; - Conducting DHS Multi-Jurisdiction IED Security Planning (MJIEDSP) workshops to develop THIM-based plans and strategies that maximize the use of Iimited resources; - Developing IED hazard-specific EOP annexes. - Implementing a Conective Action Plan (CAP) to close IED-related capability gaps identified through MJIEDSP or other planning processes o Continuity of Operations/Continuity of Govemment (COOP/COG) Planning activities, which include but are not limited to:o Determining essential functions and activities, interdependencies, and resources needed to perform them. Establishing orders ofsuccession and delegations of authority to key agency positions and establish and maintain current roster(s) of fulty equipped and trained COOP personnel with the authority to perform essential functions o Providing for the identification and preparation of alternate operating facilities for relocated operations 63 Appendix C-FY20l4 HSGP Funding Guidelines o Providing for the regular training, testing, and exercising ofCOOP personnel, systems, and facilitieso Providing for reconstitution ofagcncy capabilities and transition from continuity operations to normal operationso Identiting resources for medical supplies necessary to support children during an emergency, including pharmaceuticals and pediatric-sized equipment on which first responders and medical providers are trained. Ensuring subject matter experts, durable medical equipment, consumable medical supplies and other resources required to assistchildren and adults with disabilities to maintain health, safety and usual levels of independence in general population environments. Developing and implementing a community preparedness strategy for the State/local jurisdiction . Building and expanding governance structures to: - Include representatives from multiple agencies, jurisdictions, disciplines, levels of govemment, Tribes, rural areas, subject matter experts, and private industry- Integrate statewide leadership and govemance structures into broader statewide planning efforts (e.g., statewide broadband planning activities, grants coordination activities, needs assessments) to ensure emergency communications needs are represented - Conduct outreach and education on emergency communications needs and initiatives to stakeholder groupso Establishing, expanding, and maintaining volunteer programs and volunteer recruitment efforts that support disaster preparedness and/or response - Allowable volunteer programs and efforts include, but are not limited to: Citizen Corps Councils, partners, and alliliates; CERTs; Fire Corps; Medical Reserve Corps (MRC); Neighborhood WatcMJSAonWatch; Volunteers in Police Service (VIPS); and jurisdiction-specifi c volunteer programs and efforts.o Establishing and sustaining Citizen Corps Councilso Working with youth-serving organizations and houses ofworship to develop and sustain youth and faith-based preparedness programs Add itional Planning Information The National Preparedness Directorate (NPD) offers technical assistance (TA) that is designed to provide grantees and sub-gantees with specialized expertise to improve their anergency plans and planning. TA deliveries are designed specifically to improve and enhance the continuing development of state and local emergency management aoross tle five mission areas of the National Preparedness Goal and across all core capabilities. TA provides the opportunity to engage emergency managem, emergency planners, and appropriate decision-makers in open discussion ofoptions to improve plans and planning in light oftheir jurisdiction's needs. There is no cost to approved jurisdictions for FEMA TA. TA deliveries combine current emergency management best pmctices with practical consideration of emerging trends, through discussion facilitated by FEMA contract specialists and with the support of FEMA Region operational specialists. While the invitation of participants is up to the requesting jurisdiction, FEMA encourages requesting jurisdictions to 64 Appendix C-FY20l4 HSGP Funding Guidelines include the broadest practical range of its emergency managers and planners in all TA deliveries. TA deliveries should be made open to neighboring jurisdictions. As necessary, FEMA may also invite other Federal experts and practitioners to participate. Additionally, peer-to-peer representation may also be included from other jurisdictions that have recently used TA for the same planning issue. The TA catalog, showing the full range ofTA available across all five mission areas and by all providers, and the TA request form can be accessed at http://www.fema.gov/national-incident- management-system/fema-technical-assistance-division. Organization Activities The following organization activities in support of public-private partnerships are allowable expenses: o Program management: - Salary for a dedicated liaison who acts as the primary point of contact, coordinates the public-private partnership and ensures proper implementation of the strategic plan - Facilities, including meeting space and work space for private sector liaisons. Grantees are encouraged to use free space/locations/facilities, whenever possible, prior to the rental of space/locations/facilities - Supplies needed to support regular communications - Implementation of infrastructure resilience enhancement options described in a RRAP report o Utilization of standardized resource management concepts such as typing, inventorying, organizing, and tracking to facilitate the dispatch, deployment, and recovery ofresources before, during, and after an incident o Sustain partnership efforts to include: - Support for in-person meetings, events, and workshops that bring the public and private sectors together. Grantees are encouraged to use free spaoe/looationVfacilities, whenever possible, prior to the rental of space/locations/facilities - Web-based and social media tactics (webinars, emails, newsletters, alerts, databases, online collaboration tools, website development and maintenance, etc.) - Innovative approaches for reaching the Whole Community to include Eanslatpd material for individuals that are blind and or have low vision capability, those with limited English proficiency, children within diverse and ethnic populations, and coalitions among citizens. - Leverage already existing structures and mechanisms, such as Citizen Corps, for sharing information and engaging members of the Whole Community to include: for-profit and not-for-profit entities, faith based and community organizations, youth-serving and youth advocates, those that support socio-economic and diverse cultureso Structures and mechanisms for information sharing berween the public and private sector:- Tools, software, progmms, and other mechanisms that support two-way information sharing during normal and emergency operations 65 Appendix C-FY20l4 HSGP Funding Guidelines - Means to receive input or feedback from the private sector, and encourage participation from civic leaders from all sectors - Regular and timely communications on subjects relating to all phases of emergency management, such as newsletters, emails, and alerts . Tools, resources and activities that facilitate shared situational awareness between the public and private sectors - Web-based and new media platforms that allow real-time information exch4nge - Asset mapping, such as participation in FEMA's Total Asset Visibility and LogYiz. initiatives - A seat(s) in the emergency operation center, or virtual EOC . Operational Support: - Tools for identiffing and tracking available paid and unpaid disaster response resources - Dedicated space and equipment for private sector representation within a State, county, or city emergency operation center - A dedicated business emergency operations center that works with the State, county or city EOC (not construction) - Tools for real time information sharing between the public and private sector - Licensing, screening, or other requirements for access to real EOC or virtual EOC o Federal Emergency Response Official (F/ERO) Credentialing and Validation: - Working Soup meetings and conferences relating to emergency responder credentialing and validation - Compiling data to enter into an emergency responder repository - Coordinating with other State, Iocal, territorial, and Tribal partners to ensure interoperability among existing and planned credentialing and validation systems and equipment - Planning to incorporate emergency responder identity and credential validation into training and exercises. Training Activities FY 2014 SHSP and UASI funds may be used to support attendance to allowable training deliveries and programs, as described below. FEMA funds must be used to supplement, not supplant, existing funds that have been appropriated for the same pu[pose. Allowable training- related costs include, but are not limited to, the following: o Developing, Delivering, and EvaluatingTraining. Includes costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, disability accommodations, and equipment. o Training that promotes individual, family, or community safety and preparedness is encouraged, including: all-hazards safety training such as emergency preparedness, basic first aid, lifesaving skills, crime prevention and terrorism awareness, school preparedness, public health issues, chemical facility incidents, mitigation/property damage prevention, safety in the home, light search and rescue skills, principles of NIMS/ICS, volunteer management and volunteer activities, serving and integrating people with disabilities, pet czue preparedness, CPR/AED ffaining, identity theft workshops, terrorism awareness seminars, and disability-inclusive community preparedness conferences. The delivery of 56 Appendix C-FY2014 HSGP Funding Guidelines the CERT Basic Training Course and supplemental training for CERT members who have completed the basic training, the CERT Train-the-Trainer Course, and the CERT Program Manager course are strongly encouraged. Conducting, hosting, or participating in kaining related to IED pr€vention, protection, mitigation, or response to include: - Awareness and education for the public, private sector and first responden; - Suspicious activity identification and reporting, including the Surveillance Detection and Bomb-Making Materials Awareness Program (BMAP); - Management of bomb threats; - Physical protective measures; - Diversion control measures for dual-use explosive precursor chemicals, including the Surveillance Detection and Bomb-Making Materials Awareness Program (BMAP); - Training for specialized IED prevention and protection teams or OPacks such as Public Safety Bomb Squads, Explosives Detection Canine Teams, and Mobile Explosive Device Screening Teams in accordance with applicable guidelines, certifi cation, or accreditation requirements. Overtime and BackfilL The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of attendance at FEMA and/or approved training courses and programs, are allowable. These costs are allowed only to the extent the payment for such services is in accordance with the policies ofthe State or unit(s) of local govemment and has the approval of the State or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee ofa unit of govemment may not receive compensation from their unit or agency of government and from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. Trovel. Costs (e.9., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for ofticial business related to approved training. Hiring of Full or Part-Time Staf or Contractors/Consultants . Payment of salaries and fringe benefits to full or part-time staff or contractors/consultants must be in accordance with the policies of the State or unit(s) of local govemment and have the approval of the State or awarding agency, whichever is applicable. Such costs must be included within the funding allowed for program management personnel expenses. In no case is dual compensation allowable. Certificatio Recertification of Instucrors. States are encouraged to follow the NTE Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels ofevaluation of student leaming. This is particularly important for those courses that involve training oftrainers. This information is contained in IB 193, issued October 20, 2005. Additional information can be obtained at http://www.fema.gov/good suidarrce/download/ I 0 I 46. Training and exeroises for the public or civilian volunteer programs supporting first responders, including CERTs, before, during and after disasters should address the needs of the Whole Community. Allowable training includes: all-hazards safety such as emergency pteparedness, basic first aid, lifesaving skills, crime prevention and tenorism awareness, school preparedness, youth preparedness, public health issues, chemical facility incidents, mitigation/propeny damage prevention, safety in the home, light search 67 Appendix C-FY20l4 HSGP Funding Guidelines and rescue skills, principles of NIMS and ICS, volunteer management, serving and integrating people with disabilities, pet care preparedness, training necessary to participate in volunteer activities, fulfill surge capacity roles, integration and coordination of faith community roles, communication in disaster or promotes individual, family, or whole community safety and preparedness. Exercises that include members of the public or that are conducted for the public should be coordinated with local CERTs andlor Citizen Corps Councils as wellas organizations outside of emergency management and focus on the importance ofpersonal preparedness and protective actions. Per FEMA Grant Programs Directorate Policy FP 207-008-064-1, Reaiew andAVprooal Requirements for Training Courses Funded Through Prqareilness Grants, issued on September 9, 2013, States, territories, Tribal entities and urban areas are no longer required to request approval from FEMA for personnel to attend non-FEMA training as long as the training is coordinated with and approved by the State, tenitory, Tribal or Urban Area Training Point of Contact (TPOC) and falls within the FEMA mission scope and the jurisdiction's Emergency Operations Plan @OP). The only exception to this policy is for Countering Violent Extremism courses. The Policy can be accessed at http://www,fema.gov/media-library/assets/documents/34856. FEMA will conduct periodic reviews of all State, territory, and Urban Area training funded by FEMA. These reviews may include requests for all course materials and physical observation of, or participation in, the funded training. If these reviews determine that courses are outside the scope of this guidance, grantees will be asked to repay grant funds expended in support of those efforts. For further information on developing courses using the instructional design methodology and tools that can facilitate the process, SAAs and TPOCs are encouraged to review the NTED Responder Training Development Center (RTDC) available at http : //www,firs lre spondertrainins. sov/rtdc/s tate I . Additional Trainin g Information FEMA Provided Training. These trainings include programs or courses developed for and delivered by institutions and organizations funded by FEMA. This includes the Center for Domestic Preparedness (CDP), the Emergency Management Institute (EMI), and the National Training and Education Division's (NTED) training partnerprograms including, the Continuing Training Grants, the National Domestic Preparedness Consortium (NDPC) and the Rural Domestic Preparedness Consortium (RDPC). Approved State and Federal Sponsored Course Catalogue. This catalogue lists State and Federal sponsored courses that fall within the FEMA mission scope, and have been approved through the FEMA course review and approval process. An updated version of this catalog can be accessed at http : //www..fir stresponder* ainins. pov. Training Not Provided by FEM4. These trainings includes courses that are either State sponsored or Federal sponsored (non-FEMA), coordinated and approved by the SAA or their designated TPOC, and fall within the FEMA mission scope to prepare State, local, Tribal, and Appendix C-FY20l4 f3O, Funding Guidelines territorial personnel to prevent, protect against, mitigate, respond to, and recover from acts of terrorism or catastrophic events. . State Srynsored Courses. These courses are developed for and/or delivered by institutions or organizations other than Federal entities or FEMA and are sponsored by the S;AA or their designated TPOC. . Joint Training and Excrcises with the Public and Private Secrors. These courses are sponsored and coordinated by private sector entities to enhance public-private parherships for training personnel to prevent, protect against, mitigate, respond to, and recover from acts oftenorism or catastrophic events. Overtime pay for first r€sponders and emergency managers who participate in public-private training and exercises is allowable. In addition, States, tenitories, Tribes, and Urban Areas are encouraged to incorporate the private sector in govemment-sponsored training and exercises. Additional information on both FEMA provided training and other federal snd stat€ training can be found al http,: //www.firstreswndertrainins. sov. Training Information Reporting System ("Web-Forms '). Web-Forms is an electronic form/data management system built to assist the SAA and its designated State, territory and Tribal Training Point of Contact (TPOC). Reporting training activities through Web-Forms is not required under FY 2014 HSGP, however, the system remains available and can be accessed through the FEMA Toolkit located al htto://www.firstresponderlrainins,oov/admin in order to support grantees in their own tracking of training. Exercise Activities Allowable exercise-related costs include: . Funds used to Design, Develop, Conduct, and Evaluate an Exercise. Includes oosts related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, favel, and documentation. Grantees are encouraged to use govemment or free public space/locations/facilities, whenever available, prior to the rental of space/locationVfacilities. Exercises should ptovide the opportunity to demonstrate and validate skills leamed, as well as to identify any gaps in these skills. Any exercise or exercise gaps, including those for children and individuals with disabilities or access and functional noeds, should be identified in the AAMP and addressed in the exercise cycle. o Full or part-time staff may be hired to support exercise-related activities. Such costs must be included within the funding allowed for program management personnel expenses. . State grantees must follow their state's formal written procurement policies. c Overtime and BackJill. The enlire amount of overtime costs, including payments related to backlilling personnel, which are the direct result oftime spent on the design, development, and conduct ofexercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies ofthe State or unit(s) of local govemment and has the approval of the Statc or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee ofa unit of government may not reoeive compensation from tleir unit or 69 Appendix C-FY20I4 HSGP Funding Guidelines agency of govemment AND from an award for a single period of time (e.g., l:00 p.m. to 5:00 p.m.), even though such work may benefit both activities.o Trovel. Travel costs are allowable as expenses by employees who are on travel status for official business related to the planning and conduct ofexercise project(s) or HSEEP programmatio requirements as described in the HSEEP (e.g., Training and Exercise Plan).. Supplies. Supplies are items that are expended or consumed during the course ofthe planning and conduct ofthe exercise project(s) (e.g., gloves, non-sterile masks, and disposable protective equipment).. Disability Accommodotions. Materials, services, tools and equipment for exercising inclusive of people with disabilities (physical, programmatic and communications access for people with physical, sensory, mental health, intellectual and cognitive disabilities).. Other ltems. These costs include the rental ofequipment and other expenses used specifically for exercises, costs associated with inclusive practices and the provision of reasonable accommodations and modifications to provide full access for children, adults with disabilities, and those with access or functional needs Additional Erercise Information Ifa State decides to use HSGP funds to conduct an exercise(s), it is encouraged they complete a progressive exercise series. Exercises conducted by States and Urban Areas may be used to fulfill similar exercise requirements required by other gant progams. Grantees are encouraged to invite representatives/planners involved with other federally-mandated or private exercise activities. States and Urban Areas are encouraged to share, at a minimum, the multi-year training and exercise schedule with those departnents, agencies, and organizations included in the plan. o Exercise Scenorios. The scenarios used in HscP-funded exercises must be based on the StateAjrban Area's THIRA. The scenarios used in HSGP-funded exercises rnust focus on testing capabilities, must be large enough in scope and size to exercise multiple activities and warrant involvement from multiple jurisdictions and disciplines and non- govemmental organizations, and take into account the needs and requirements for individuals with disebilities. Exercise scenarios should align with priorities and capabilities identified in the Multi-year Training and Exercise Plan.o Special Event Planning. Ifa State or Urban Area will be hosting a special event (e.g., Super Bowl, G-8 Summit), the special event planning should be considered as a training or exercise activity for the purpose ofthe Multi-Year Training and Exercise Plan. The State or Urban Arca should plan to use SHSP or UASI funding to finance training and exercise activities in preparation for those events. States and Urban Areas should also consider exercises at major venues (e.g., arenas, convention centers) that focus on evacuations, communications, and command and oontrol.t Regional Exerclies. States should also anticipate participating in at least one Regional Exercise annually, States must include all confirmed or planned special events in the Multi-year Training and Exeroise Plan.o Exercise Evaluation and Improvenezl. Exercises should evaluate performance of capabilities against the level ofcapabilities required. Guidance related to exercise 70 Appendix C-FY20I4 HSGP Funding Guidelines evaluation and improvement planning is defined in the HSEEP located at ht tps : //www. I I i s. dhs. sov/hsee o.o HSEEP Fundamental Principles. States are expected to develop an exercise program based the following principles:o Guided by Elected and Appointed Officials;o Capability-based, Objective-driven;o Progressive Planning Approach;o Whole Commrinity Integration; o Informed by Risk; and o Common Methodology. Detailed information regarding the principles can be found in HSEEP located at ht tos : //www. llis. dhs. sov/lge e p. . The Role of Non-Governmental Entities in Exercises. Non-govemmental participation in all levels of exercises is strongly encouraged. Leaders from non-govemmental entities should be included in the planning, conclusion, and evaluation of an exercise. State, local, Tribal, and tenitorial jurisdictions are enoouraged to develop exercises that test the integration and use of non-governmental resources provided by non-govemmental entities, defined as the private sector and private non-profit, faith-based, community, disability, volunteer, and other non-govemmental organizations. Non-govemmental participation in exercises should be coordinated with the local Citizen Corps Council(s) or their equivalent and other partner agencies. The scenarios used in HSGP-frrnded exercises must focus on validating existing capabilities, must comply with and be large enough in scope and size to exercise multiple activities and warrant involvement from multiple jurisdictions and disciplines and non-govemmental organizations, and take into account the needs and requirements for individuals with disabilities. Unauthorized Exercise Costs Unauthorized exercise-related costs inolude: Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.9., construction vehicles), medical supplies, and emergency response apparatus (e.g., fi re trucks, ambulances). Equipment that is purchased for permanent installation and/or use, beyond the scope of the conclusion of the exercise (e.g., electronic messaging signs). 7t Appendix C-FY20l4 HSGP Funding Guidelines Appendix D - FY 2014 OPSG Operations Order Template and lnstructions Operations Order Template Instructions The OPSG Operations Order Template can be found at http://www.grants.g?v. Executive Summary Overvietv Operations Order Executive Summary must: o Identify the organization name, point of contaol committees, and other structures accountable for implementing OPSG in thejurisdiction (typically this will be a program lead or manager overseeing operations and individuals assigned to that agency).. Describe how Federal, State, local, and Tribal law enforcement agencies will work together to establish and enhance coordination and collaboration on border security issues. Bud get Req uirements Overview Operations Order Detailed Annual Budget must: o Explain how costs and expenses were estimated.. Provide a narrative justification for costs and expenses. Supporting tables describing cost and expense elements (e.g., equipment, fuel, vehicle maintenance costs) may be included. Submission Requirements Operations Orders must meet the following submission requirements: o Must be created and submitted in Microsoft Word (*.doc) . Must not exceed six pages in lengtho Must be submitted using the following file naming convention: "FY 20XX OPSG <Stat€ Abbrcviation> - <Local Unit of Government Name>" Due to the competitive nature ofthis program, separate attachments will not be accepted or reviewed. 72 Appendix D-FY 2014 HSGP, OPSG Operations Order Template 0p Order Name:Operation Oo Order Number:<Completed bv CBP> Oo Dates:From:To: Report Date: FY 2014 OPERATION STONEGARDEN (OPSG) OPERATTONS ORDER AND BUDGET TEMPLATE Executive SummaryI. Situation A. General Situation: B. Tenain/Weather: C. C. Criminal Element: D. D. Friendly Forces: II. MISSION TII. EXECUTION A. Management/Supewisor Intent: B. Geleral Concept: C. Specific Responsibilities: l. D. Coordinating Instructions: TV. BUDGET Within the Operations Order, include budgets and operative spending plans in one-year increments (Year I and Year 2). The annual operations should be practical and able to be completed within the 24-month period of performance. Grantees may not begin operations, obligate, or expend any funds until the final Operations Order and embedded budget has been approved by FEMA GPD and CBP/BP Headquarters and any existing special conditions and./or restrictions are removed. The sample table provided below may be used as a guide to the applicant in the preparation of the budget and Operations Order to be submitted. Using the table below, compute the total estimated cost under the Narrativc Justification column and indicates the amount ofFederal funds requested under the Federal Request column that will support the project. 73 Appendix D-FY 2014 HSGP, OPSC Operations Order Template ) 3. ear I Law Enforcement Operational Overtime $50 per hour OT rate x 1 1 personnel x 10 hours x 3 day detail x 4 quarters Dervearx2vears $132.000.00 Fringe Benefits for Law Enforcement $27.55/hr x 1.5 OT = ($41.33/h0 x (.062; = 162.5urnr FICA) x 5840 hrsy'vr x 2 vrs $29,925.92 Travel, Lodging, and Per Diem for deployed LE and/or Federally sponsored (DHS/FEMA) border security task forces, conferences and/or mandatory traininq Federal or below: approx miles of 3,500, 15 days single Occupancy @ $150 for 5 people $1,750.00 General Equipment Lines, personal flotation devices, GPS software updates, marine batteries. thermal imaqino svstem Special Equipment (Requiring separate waiver i.e Planes, boats, vehicles, SUVs, etc.) Sea Hawk Boat, Explorer 4x4 Police with Package $75,000.00 Part-Time to Full-Time Law Enforcement Personnel Activated Reserve Law Enforcement Personnel Vehicles: Vehicle Maintenance 46,800 miles per year x .18 cents per mib=$8,424.00x2yrs Tires, enqine repair, other $16,848.00 Fuel Cost 3,342 x $4.50 per gallon = $15,043/yr x2vrs $30.086.00 Total $285,609.92 A-2 Cost Estimates/Funding Requests (Year 2): < INSERT COST ESTIMATES AND FI.JNDING REQT,JESTS TABLE > V. COMMAND/CONTROL/COMMI.'NICATION A. Chain of Command: B. Unit Command: C. Communications Detail: D. Map Coordinates: 74 Appendix D-FY 2014 HSGP, OPSG Operations Order Template Administration/Logrstics/Budget Request Na rrative J ustification (Computation of ltems)Federal Request ,lotes: Longitude: Degrees: Decimal: Location Zone; ANNEX A. Administration Annex : B. Execution Annex: C. Command Annex: Media Action Plan: Legal Review: Risks: Photos: Latitude: Minutes:Seconds: 75 Appendix D-FY 2014 HSGP, OPSG Operations Order Template Appendix E - OPSG Operational Guidance Appendix F is intended to provide operational guidance to applicants on the development of the concept ofoperations and campaign planning, the tactical operation period and the reporting procedures This also delineates specific roles and responsibilities, expectations for operations, and performance measures. Successful execution ofthese objectives will promote situational awareness among participating agencies and ensurc a rapid, fluid response to emerging border- security conditions. OPSG uses an integrated approach to address transnational criminal activity. It is recommended that Federal, State, local, Tribal, and tenitorial partners establish and maintain an OPSG Integrated Planning Team (trT) with representation from all participating law enforcement agencies, co-chaired by representatives from CBP/BP, the SAA, and participating law enforcement agencies' OPSG program repr€sentatives. U.S. Border Patrol will provide routine monitoring and technical expertise to each participating agency. Each operation will be reviewed for border-security value and approved by the corresponding sector's Chief Patrol Agent or his/her designee. All operational plans should be crafted in cooperation and coordination among Federal, State, local, Tribal, and territorial parbrers. Consideration will be given to applications that are coordinated across multiple jurisdictions. All applicants must coordinate with the CBP/BP Sector Headquarters with geographic responsibility for the applicant's location in developing and submitting an Operations Order with an embedded budget to the SAA. As OPSG continues to evolve, several proven practices have been recognized, centered on short- term, periodic operations in support of overarching near and long-term goals. A multi-step process will be established through the area IPT, including a campaign plan and a cycle of operations to ensure that OPSG partsrers maintain synergism and have a coordinated and measurable impact on reducing boder-security risk. I. Concept of Operations and Campaign Planning (Post Allocation Announcement/Pre- . Award) Thg overarching operational cycle involves three stages; application, concept ofoperations to formulate a Campaign Plan and one or more tactical operational periods, which are all developed by the IPT. First Stage: Please refer to section X of the full FOA. Second Stage (Post Award): After awards are announced participants will create and submit an operations order that forms a campaiga plan and captures the initial, generalized-budgetary intent to their IPT. The campaign plan should articulato the participant agency's long-term border security objectives and goals desigaed to mitigate border-security risk. 't6 Appendix E - FY 2014 HSGP, OPSG Operational Guidance Funds should be obligated as needed to target specific threats or vulnerabilities and ensure tlrat OPSG usage is commensurate to the unique risk of each border region. This may require several short-term operations that combine to form an ongoing operational cycle, ensuring that BP commanders and State, looal, and Tribal agency partners reserve the flexibility to respond to the ever-changing elements of border security. The operations plan also will articulate the budgetary intent of how funds will be used throughout the performance period. The operations plan will project planned expenditures in the following categories: overtime, equipment, instruction, travel, maintenance, fuel, and administrative funds. It can initiate the procurement of equipment, as well as state how much the county intends to use for M&A while keeping funds for overtime or residual equipment funds available for use as needed. If the recipient intends to spend more than 50% oftheir award on overtime over the course ofthe performance period, requests for an overtime waiver would be submitted at this time. The operations plan will meet both the SAA expectations to obligate the funds within 45 days ofthe award announcement and the demands ofthe grant's operational intent. Once the operations plan is approved, the area IPT will meet to initiate the last stage in the planning process. Third Stage: Once the grantee is ready to conduct operations, the area IPT will begin planning tactical operations. II. Tectical Operational Period Operationat discipline is necessary for the success ofOPSG. Deliberate, adaptive, integrated, and intelligence-driven planning is critical to conducting targeted enforcement operations consistent with the objectives of the OPSG. By participating in the OPSG, the State, local, and Tribal agencies agree to conduct operations designed to reduce border-security risk. Tactical operations will be conducted on a periodic basis meeting the criteria ouflined below. Tactical operational periods are composed of six critical elements: l) a pre-planning meeting with the IPT; 2) specified beginning and ending dates; 3) are intelligence driven, with a nexus to border security;4) use targeted enforcement. techniques; 5) have clearly stated objectives; and 6) conclude with an after-action meeting. A campaign should involve several tactical operational periods. These periods require deliberate on-going planning to ensure command, staff, and unit activities synchronize to current and future operations. The cyclical nature of the process will ensure OPSG activities align with the fluctuating border-sccurity threats and vulnerabilities. Key planners should recogrize that shorter, frequent tactical operational periods increase the flexibility and leverage gained through OPSG funding. The IPT should leverage information provided by the fusion center, Border Intelligence Centers or other local intelligence center, when possible, and establish a common operational vision. The BP sector's Chief Patrol Agent, or his/her desigaee, will ensure that the information or intelligence has a clear nexus to border security. Intelligence will be shared and vetted for border security value, driving the focus ofoperations. The tactical operational period should focus on specific targets of interest or specific areas of interest identified by the IPT. Once intelligence-driven targets are identified, the IPT will decide on operational objectives that 77 Appendix E - FY 2014 HSGP, OPSG Operational Guidance reflect the intended impact of operations. The objectives should outline how the operation will deter, deny, degrade, or dismantle the operational capacity of the targeted transnational criminal organizations. The frequency and duration ofeach tactical operational period should be predicated by local risk factors. The tactical operational period may combine to develop an operational cycle that is synchronous or asynchronous, connected, or unconnected, depending on security conditions and the IPT's intent. Each tactical operational period will begin on a predetermined date and end on a predetermined date, but the dates may be subject to change commensurate with emerging security conditions. The starting date of the operational period should be established to allow sufficient time for the order to be submitted and approved through BP Headquarters and FEMA. Once approved, the operation can be conducted. The following diagrams illustrate two different approaches for conducting operations:l tu@ Nffi L'r*t Jqw9 Fe;,y Hr ASd $rl.nb. Thas cyqle illustrates contiguous operdtions. This is an example of a tweMe month campalgn plan wlth fovr tictical opeattional p.ariods. Flgure 1: Example of an Ongoing Synchronlzed OperationalCycle 1 These lllustrations reflect a twelve month campaign plan. A campaign plan should be wfitten to encompass the performance period. Performance periods vary from State to State. please contacl the State Administrative Agency in your area for cladficaton. 78 Appendix E - FY 2014 HSGP, OPSG Operational Guidance CA]iTPAIG N PLANIS OFEF}ATIQNAL CYGLE DURATION: 1 FISGAL YEAR CAMPAI(iN PLAH'S OPERATIONAL CYCLE DURATIOT.I: 1 FI$CAL YEAR FY start W tHr a-b Thls eycL lluttrat.. opcadone on.n alnrcdcd bld3, In ra.potEC!o cmordng Dordor ccculfty th]?etta TlIr l. .h .lrrmple of:a'twchro.irxrili c.rt!prl![r opcrr$eel piriitb. Ttlr a1ffi;anyc oqcrleiplrigopcritlorr th.ra arr no oFatgtlonr blim cgldr.rcrgd, Figure 2: Example of a Dynamlc, Unsynchronized Operationa! Cycle IU. Reporting Procedures Participation in OPSG requires accurate, consistent, and timely reporting of how funds are used, and how the State, local and Tribal agencies' operations have impacted border security through the mitigation of threat or vulnerability and the overall reduction of risk. Reporting will focus on: monitoring program performance; determining the level of integration and information sharing; and developing best practices for future operations. To ensure consistent reporting each State, local and Tribal agency will identiff a single point of contact to represent their agency as a member of the IPT and to coordinate the submission of reports or execute other aspects of the grant. Attachment A, the Daily Activity Report is to be used to submit the ongoing results and outputs from OPSG operations conducted. The Daily Activity Report will be submitted to the BP sector, if required, or to the participating agency's OPSG coordinator. The agency coordinator will compile the results from each Daily Activity Report at the end of the month and submit a ,onihly report to the BP sector. The monthly report is due to sector by the lOs day of the following month. The BP sector will compile the results from the participating agencies and submit the results to BP Headquarters by the l5th of each following month. In addition to the ongoing reporting of outputs, participants will be required to submit After Action Reports to participating agencies and the BP within l0 days of any completed operation, after convening a debrief meeting. The After Action Report should carefully articulate outcomes and outputs, as well as how the results of the operation compare with the objectives identified 79 Appendix E - FY 2014 HSGP, OPSG Operational Guidance during the pre-planning meeting. Failure to submit the After Action report in a timely manner may prevent the approval of future operations requests. IV. Operational roles and responsibilities ln order to achieve unity ofeffoG it is essential that each participant know the roles and responsibilities within the IPT. The BP sector's ChiefPatrol Agent, or his/her designee, will: . Coordinate and chair the area Integrated Planning Team's meetings. Coordinate with all interested and eligible State, local, and Tribal agencies in the sector's area of operation during the open period ofthe OPSG application process by: - Assisting applicants in completing the operations planning portion of the application, which is similar to the Operations Order used by the Border Patrol2 - Forwarding the approved operation portion of the application to CBP/BP Headquarters, as well as to the SAA to complete the application process set by FEMAiGPD r Following the announcement of grant awards, coordinate and chair a meeting with State, local, and Tribal agencies that received OPSG awards to develop an individualized campaign plan. This includes: - Working with State, local, and Tribal agencies, along with other Federal law enforcement agencies to determine the dates, focus, and needs of each tactical operational period, ensuring that each operation has a nexus to border security; - Receiving the first periodic operations order from the State, local, and Tribal agencies and ensuring that the operation is conducted as outlined in Section I; - Monitoring and supporting the Operational Cycle throughout the performance period; - Ensuring Daily Activity and After Action Reports are submitted by State, local and Tribal agencies in the proper format and within the established timeframes; - Providing instruction, when possible, to State, local and Tribal agencies regarding techniques, methods and hends used by transnational criminal organizations in the area; and - Providing a single point of contact to participants as a subject matter expert in OPSG that can coordinate, collect, and report operational activities within the established reporting procedures. The State, local or Tribal agency lead, or their designee, will: o Coordinate with the SAA on all grant management matters, including but not limited to the development and review ofoperations orders, expenditure of funds, allowable costs, reporting requirements; 2 Thls will not be entered lrio the Border Patrol Enforcement T.acking System (SPEIS) 80 Appendix E - FY 2014 HSGP, OPSG Operational Guidance o Participate as a member of the Integrated Planning Team to facilitate the application process during the open period and ensure the application is submitted in compliance with the grant instructions;o Upon receiving a grant award, coordinate and meet as a member ofthe Integrated Planning team to develop an individualized campaign plan that covers the length of the grant performance period;o Work within the Integrated Planning t€am to develop an initial Operational Cycle and determine the duration ofthe first operational period based on the tactical needs specific to the area;o Submit all operations orders to the SAA for review, and submit the first periodic operations order to the Border Pafiol and ensure the operation meets the six criteria established in Section II;o Conduct operations, on an as-needed basis throughout the length ofthe grant performance period;r Ensure reports are submitted to the to the Border Patrol, and the SAA when applicable, in the proper format and within estlblished timeframes;. Ensure applicable Operation Stonegarden derived data is shared with the designated fusion center in the State and,/or urban area.o Request instnrction and information from the SAA, when applicable, and/or Border Patrol and other Federal law enforcement agencies regarding techniques, methods, and trends used by transnational:criminal organizations in the area; and. Provide the SAA and Border Patrol a single point ofcontact that maintains subject matter expertise in OPSG who can coordinate, collect, and report operational activities within the established reporting procedures. The SAA will: o Actively engage in the IPT meetings;r Work in direct coordination and communication with the local or Tribal agency lead on all grant management matters; o Review all operations orders created by the local or Tribal agency;. Acts as the fiduciary agent for the program and provide expertise in State policy and regulations;o Enter into a sub-grant agreement with the award recipients to disburse the allocated funding awarded through FEMA"/GPD;o Generate quarterly reports to FEMA and the U.S. Treasury capturing the award recipients' obligation and expenditure of funds;. Determine ifthe grant's performance period requires additional rcfinement over the federally established 24 month period; and. Conduct audits ofthe program to ensure that the award recipients are in compliance with progam guidance. 8l Appendix E - FY 2014 HSGP, OPSG Operarional Guidance Attachment A: Date of Activity FY Funds Used I s"n"t... :l Overtime Hours Miles Driven/Patrolled Fuel Used (in Gallons) Equlpment on Order Labor Cost Mileage Gost Fue! Cost Equipment Cost Total Cost Narcotics Seizures Cash Seizures Weapons Seizures Vehicle Seizures Misdemeanor Arrests Felony Arrests Outstanding Warrants Citations lssued Specialty Equipment Subjects TOT BP Gases TOT BP CrlminalAliens TOT BP Vehicle Stops lntel Reports **Glick the arrows below to add detalls about seizures and arrests. Surveillance TowerF Marine Patrot AssetF Armored VehicleF Mobile Gommand CenterF Aviation AssetF Other Spec. Equipmentf 82 Appendix E - FY 2014 HSGP, OPSG Operational Guidance Daily Actlvity Report Narcotic Seizure Details Type Weight Report Number Location Comments Selecl..:l Currency Seizure Detalls Amount Report Number Location Comments Vehicle Seizure Details Make/Model Estimated Value Location Comments Weapon/Ammunition Seizure Details Weapon Type Amount Seized Report Number Location Comments Specialty Equlpment Usage Detalls SDecialty Equipment Report Nurfiber Location Comments Significant Arrest Detaila Name Date of Birth Report Number Location Comments lntelligence Summary Category Report Number Location Summary Authorizing Officer Date of Report V. Definitions Integrated Planning Team: The IPT will consist of the awarding State Administrative Agency, local, and Tribal OPSG stakeholders within their Border Patrol sector area and U.S. Border Patrol representatives, but may include other area Federal lbw enforcement agencies if deemed 83 Appendix E - FY 2014 HSGP, OPSG Operational Guidance necessary by the Chief Patrol Agent. The Integrated Planning Team will be used for all aspects of OPSG application, planning, and de-briefings. Arga of Interest: A specific area, areas, or facilities known to be used by transnational criminal organizations in furtherance oftheir criminal activity. Camoaign Plan: A series of related law enforcement operations aimed at accomplishing a strategic or operational objective within a given time and space. Conceot of Ooerations: A w tten statement that clearly and concisely expresses what the State, local or Tribal commander intends to accomplish and how it will be done using available resources (and funding). Opera-tio4al 9ycle: A deliberate on-going cycle of command, staff, and unit activities intended to synchronize current and future operations (driven by current intelligence and short-term goals that support the campaign). Operational Discipline: The organized manner in which an organization plans, coordinates, and executes the OPSG mission with common objectives toward a particular outcome. Performance Measure: A numerical expression that quantitatively conveys how well the organization is doing against an associated performance goal, objective, or standard. Ta,gtical 9perational Period: A4 operational segment th4t meets the following six criteria: l) specified beginning and ending dates;2) begins with pre-planning; 3) is intelligence driven;4) uses targeted enforcement techniques; 5) has clearly stated objectives; and 6) conoludes with an after-action.meeting. Tareeted Enforcement: The leveraging ofall available assets agsinst a specific actiorq area, individual, or organization and using those deemed most appropriate to mitigate risk. Tfiset of lnterest: A specific person, group ofpersons, or conveyance known to be part of, or used by transnational criminal organizations to advance their criminal activity. Threat: Information expressing intent to conduct illegal activity often derived from intelligence sources, the overall context, a specific event or series ofevents, or observation ofsuspicious activity. Vulnerabilitv: The proteotive measures in place are less than the protective measures needed to mitigate risk. Unitv ofEffort: Coordination and cooperation among all organizational elements, even though they may not be part of the same "command" structure, to achieve a success. E4 Appendix E - FY 2014 HSGP, OPSG Operational Guidanoe EXHIBIT G R I I E,, I --!._ t-rl ,1 4 F aI Ei oJ o 5 I n EI !lr I, o o U r! {1 t t I It rI I n 5 Er !li $t ilsIi I TRAINING Oty of Los Ang a@ffi Inlud ApCatlon 'd.Yr EE:Norerilbcr 26, 2014 hr.d E h,a aEin m0tu ur*t irhEgi<.ryy ?4gtuCEd ffi lra. Tffig HV l(,d. ratE(r) mc.,[q.EEtft g.5E h,fu E'd@ ^Furdhh. tumE'iatStssat Tdl-6'-m FIF,V vl-L - 2O1a tldd ffiryErs EXHIBIT H LA-LB UASI Modification Form 2015.x1s lofl EXHIBIT I CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES Homeland Security Grant Program FY: _ GrantNumber: CaIOES ID# Subgrantee name:Project: REOUEST FOR SOLE SOURCE PROCUREM@ l. Project name:Project Budget: $. 2. Describe ttre project and/or activity that will be provided by the proposed sole source vendor/contractor. 3. Describe your organization's standard procedures when sole source contracting is considered, including the conditions under which a sole source contract is allowed, and any other applicable criteria (i.e. approval requirements, monetary thresholds, etc.). 4. Indicate which of the following circumstances resulted in your organization's need to enter into a sole source confact. a. Item/service is only available from one source (Describe the process used to make that determination. Please provide details.) b. A public urgency or emergency will not permit a delay resulting from competitive solicitation. According to the US Department of Homeland Security/IEMA, "Time constraints will not be considered a factor if the subgrantee has not sought competitive bids in a timely manner." @escribe the urgency or emergency. Please provide details) c. After solicitation of a number of sources, competition was determined'inadequate. (Describe the solicitation process that determined competition was inadequate. Please provide details, and attach any relevant supporting material, Request for Proposal, etc.) 5. Did your organization confirm that the contractor/vendor is not debarred or suspended? 6. Will your organization be able to complete all activities associated with the sole source contract by the end of the grant performance period? 7. Has your organization determined the costs are reasonable? 8. Please attach a copy of the cost benefit analysis prepared for this procurement. Date:Submitted by (Name)(Signature) CaI OES SSRF pv 8/1/13 EXHIBIT J The Reimbursement Request Form is not part of the exhibit block, The form is currently being updated by the City of Los Angeles Mayo/s Office and will be released as soon as it is finalized. EXHIBIT K CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES AVIATION EOUIPMENT REOIjEST FORM Homeland Security Grant Program FY: _ Grant Number: Cal OES ID#: Urban Area Security Initiative (UASI) FY: _ Grant Number: _ Cal OES ID#:_ Project Amount: UASI: $- SHSGP: $_ C itylCounty/Agency Name : l. Indicate the type ofequipment for this request Aviation Equipment Aviation Related Equipment Provide a description of the area that will be served by the requested equipment. Please justifi the need for the aviation equipment and how the requested platform best meets that need as compared to other options. Include the cost, discipline, and funding source. Please certifr on signed letterhead that an existing aviation unit is operating and will continue to operate independent ofthe requested funding. Describe the active, operating aviation unit and certiff that no expenses will be charged against the grant award for the general operational costs of such aviation unit. Identiff the applicable goals and objectives in the StateAJrban Area Homeland Security Strategy that the requested aviation equipment addresses. Explain how the requested aviation equipment fits into the Staterurban Area's integrated operational plans. Explain how this aviation equipment will support activities specifically related to terrorism incident prevention and response efforts. J. 4. 5. 6. 7. Cal OES Form AVI Rev 08-01-13 Cal OES Aviation Request Form Page Two 8. Please describe how this aviation equipment will be used operationally Bnd which response assets will be deployed using the requested aircraft. 9. Please describe how this aviation equipment willbe utilized on a regular, non-€mergency basis. 10. Please certiff licensing, registration fees, insurance, and all ongoing operational expenses are (a) the responsibility of fte gmntee or the local units of govemment and (b) are not allowable under this grant. Cal OES Form AVI Rev 08-01-13 California Governor's O$ggjllllgIgg4E1fuiq ESTABLTSH/ENHANCE EMERGENCY OPERATIONS CENTER (EOc) REOUEST Subgrantee Name: Homeland Security Grant Program FY- Grant Number-Cal OES ID# Urban Area Security Initiative (UASI) FY_Grant Number_Cal OES ID# Other Program FY Grant Number_Cal OES ID#. l. What type ofEOC does your organization plan to establish/enhance? (Choose one ofthe following) Primary EOC Alternate/Back-up/Duplicate EOC 2. Physical address of facility: 3. Describe how the establishment/enhancement ofan EOC improves your organization's ability to prevent, plan for, respond to, and recover from a terrorism event (on a separate attachment). 4. Identiry all other sources and uses ofadditional frrnds assisting the project in any way. 5. Identif, anticipated homeland security grant costs to establish/enhance your organization's EOC in the table below. 6. Supplies/Equipment AEL# Cost ComDuters Network Servers Printers Computer accessories (i.e. surge protectors, battery backups, etc,) Computer maintenance contracts Computer connections and oables (includine fiber optic cabline) Fax machines Lighting Systems LCD proiectors Proiection/plasma/fl at screens/monitors/televisions GIS plotter and software Teleohone svstems Software development Commercial off+he-shelf (COTS) software Instal lation of EOC items Misoellaneous connections for EOC items Standardized mapping software CaIOES EOCRF Revlred 08/1/13 Standardized emergency management software Installdtion of EOC items Miscellaneous connections for EOC items Leasing Costs2 (Indicate starting and ending dates of lease and explairt the circumstances under which the moving or leasing costs will be incurred.) Other (must provide list/description of "other" items and costs) TOTAL - EOC Supplies and Equipment I 7. Explanation of"other" itbms: 8. Has your organization determined the costs are reasonable? Submitted by: (Si8nature) Date: Grant Programs Directorate OMB Contol#: 16604115 Expiration Date: l0 13 I n0 I 3 PEMA Form: 024-0-l DEPARTMENT OF HOMELAND SECI.JRITY FEDEML EMERGENCY MANAGEMENT AGENCY (FEMA) ENVIRONMENTAL AND EISTORIC PR.ESERVATION SCREENING FORM Directions for compleffng thls form: This form is designed to initiale and facilitste the environmental and historic preservation (EHP) compliance review for your FEMA prepuedness grant-funded project(s). FEMA conducts its EHP compliance reviews in accordance with National Environmental Policy Act (NEPA) and other E[IP-related laws and executive orders. ln order to initiate EHP review of your project, you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. Failure to provide rcquisite information could result in delays in the release of grant fuds. Be advised thot cornpletion ollhbfom does not corrrplele lhe EHP rcview prccecs. You will be notified by FEMA when your review is complete and/or if FEMA needs additional information. There is no need to complete and submit this form if the grant scory is limited to ploming, management and administralion, classroom-based training, tablelop exercises andfunclional *ercises, or pwchase of nobile and portable equipment where no installation is needed- lnformation Bulletin 345, Grant Programs Directorate Programmatic Environmental Assessment, September 1,2010, provides details on these activities. This form should be completed electronically. The document is available in both Word and Adobe Acrobat (pdf) formats at this website:( . The following website has additional guidance and instructions on the EHP rcview process and the information required for the EHP review: htto://www.femagov/plan/ehp/ehpreview/index.shtn Submit completed lorm through your grant administrator who wil[forwod it to GPDEHPInfo@dhs.sov. Please use the subj ect line: EHP Submission: Projecl Title, location, Grant Award Nwnber @xample, EHP Submission: Courthouse Cameru Installo on, Any Town, Slate, 12315; 201l-SS-(fu). Prpcrrork B[]d.tr Dircl6[r. Nolic. Publicrepo in| burd.nfor thlslotm it cstimdted lo ovetuge E hovr| p.tntpons.. The hrdenestimate brcfudes ile tim.lor rcyi.niftthtlructions, goth.ting and aiflainii| the dora necd.d, on4 codpleung and subni$ing iL forrn. you oe run ,?quir.d to nnation unless lt dlsplo!, a wlid OMB coDtrol nulrbet. S.nd cot rrr,€t ts retardi^g the occlrscy ol th. bud.n6tl oE ond dny s!{f..slionr lor rcducing the htden to: Ihlonnalion Colleclons Morag.rient, Deporine of Hod.ldnd f*c,lg]ity, Fed.tul EmeBenc, ltlonotane Agency, 500 C Sre.r, WoshirytoL DC, 20472, Papetalo* Reduction Prcj.ct (1660-01 l5). Environmenta.l and Historic Preservstion Screening Form - June 2012 SECTION A. PROJECT INT'ORMATION DHS Grant Awrrd Number:...... Grrnt Progrsm: Grrntee Grsntee POC: Meilirg eddress: E-mail: Sub grantee: Subgrrntee POC:................. MNiling address: Estimrtcd cost of project .......... Project title: Project locrtioo (physical address or latitude-longitude): Project Description. Provide a complete project desfiiption. The project description should contain a summary ofwhat sp€cific action is proposed, where it is proposed, how it will be implemented. Include a briefdescription of the objectives the project is designed to accomplish (the purpose), and the reason the project is needcd. Use additional pages ifnecessary. Ifmultiple sitcs are involved, provide the summary for each site: SECTIONB. PROJECTTYPE Based on the Foposcd projecl activities, determine which projest type applies below and complet€ the conesponding sections that follow. For multi-component projects or those that may fit into multiple project types, complete the sections that best apply and fully describe all major components in the project description, Ifthe project involves multiple sites, information for each site (such as age of structu€, location, ground disturbance, etc) must be provided. Attach addirional pages to this submission, ifrieeded. l. ! Purchrsc of equlpmenL Projects in fiis category involve the purchase ofequipment that will require installation on or in a building or sfucture. Complete other portions of Section B as needed. Complete Section C.l. 2. ! Training and erercis€3. Projects in this category involve tsaining excrcises with any field-based components, such as drills or full-scale exercises. Complete Section C.2. 3. ! Renovrtions/upgnd€s/modilicrtions or physical securio/ enhlnccments to cxisting structurca. Projects in this category involve renovations, upgrades, rcEofits, and installuion ofequipment or systsms in or on a building or sbucture. Examples include, but are not limited to: interior building renovations; electrical system upgrades; sprinkler systems; vehicle exhaust systems; closed circuit tcl€vision (CCTV) cameras; security fencing; access confol for an arca, building, or room; bollards; motion detection system$ oMB Control#: 1660-0 t l5 FEMA Form: 024-0-l 2 Environmental and Historic Preservation Scrccning Form - Junc 20 I 2 alarm systems; security door installation or upgrades; Iighting; and audio-visual equipment (projectors, smart boards, whiteboards, moniton, displays, and projector scr€ens). Complete Section C.3. 4. ! Gcnentor instrlletion. Projects in this category involve installation ofnew or replacement generators, to i[clude the conorete pads, underground firel and electic lines, and ifnecessary, a firel storage tank. Complete Section C.4. 5. ! New constructlon/rddltion. Projccf in this oategory involve new consfudion, addition to, or expansion ofa faoility. These projecb involvc construction ofa new building, or expansion ofthe footprint or profile ofa cunent stiuchrrc. Complete Section C.5. 6. I Communicrtiotr tower$.ntennrs, rnd related equlpmenL Projects in this category involve constsuction ofnew or r€placement communications towers, or installation ofcommunicationg-related equipment on a to\f,er or building or in a communications shelter or building. Complete Section C.6. 7. E Othcr. Projects that do not fit in any ofthe categories listed above. Complete Section C.7. SECTIONC. PROJECT TYPEDETAILS Check the box that applies to the proposed projea and complete thc conesponding details. l. ! Purchrse of eqaipme .lfthe en ie projecl Ls limited lo purchase ol nobildportoble equipmenl and lhere is no installation needed" thisform does not need to be completed and submllted a. Speci! the equipment, and the quantity ofeach: b. Provide the Authorized Equipment List (A.EL) numbe(s) (ifknown): ...... c. Complete Section D. 2. ! Trrining and exerciss. If he tainirg is classroom and discttssion-based onf, and is nolfieu-based, lhishrm does ol neel lo be completed qnd submilled a. Describ€ the scope ofthe proposed tsaining or exercise (purposc, materials, and type ofa activities required): b. Provide the longitudc): location ofthe taining (physical address or latitude- c. Would the taining or exercise take place st an eisting facility which has established procedures for that particular proposed training or cxercise, and that conforms with existing land use designations? For firrther information ref€r to lnformation Bullain #345, http://www.fema. qov/pdfl governmen/erant/bulletins/info345.pdf :E Yes E l.to . If Ycs, provide the name of the facilit5r and the facility point of contact (name, telephone number, and email address): . lf No, provide a norrativc description of the area whcre the training or excrcise would occur (c.g., exerrise area within four points defined by latitude/longitude coordinates):............................................ OMB Control#: 1660-01 l5 FEMA Form:024-0-l Environmental and Historic Preservation Screening Form - June 2012 Does the field-based training/exercise differ from previously permitted training or exercises in any way, including, but not limited to frequency, amount of facilities/land used, materials or equipment used, number of participants, or type of activities? n yes ! No If Yes, explain any dilferences between the proposed activity and Those that were approved in the past and the reason(s) for the change in scope:....... lf No, provide reference to previous exercise (e.g., FEMA grant name, number, and date):.. d. Would any equipment or structures need to be installed to facilitate trainingt o [f Yes, complete Section D nyes ENo 3. E Renovations/upgrades/modifications, or physical security enhancements to existing structures. a. Complete Section D. 4.! a. b. c. d. s.E a. Generator installation. Provide capaclty of the generator (kW): Identifr the fuel to be used for the generator (diesel/propane/natural gas): .. Identifr where the fuel for the generator would be stored (e.g. stand-alone tank, above or below ground, or incorporated in generator):........................ Complete Section D. New construction/eddition. Provide detailed project description (site acreage, new facility square footage/number of stories, utilities, parking, stormwater features, etc); ....... Provide technical drawings or site plans of the proposed project: ................. ... tr Attached Complete Section D. 6. n Communication towers, antennas, and related equipment a. Provide the cunent net height (in feet above ground levcl) ofthe existing tower or building (with cunent attached equipment):.. b. Provide the height (in feet above ground level) of the existing tower or building after adding/replacing equipment: OMB Control#: 1660-01 15 FEMA Form:024-0-l b. c. Comptete items 6.c througb 6.q below ONLY if thls project inyotves construction of a new or replacernent communicstions tower. Olhernlse continuo to Section D, 4 lnformation Bulletis 351, National Historic Presenation Act Section 106 Review Requirements for Communications Facilities, Iqrrty 4,201I has additional guidance and information on EHP requirements for communicationstowers. Availableat:htto://ursnr.fema.cov/odflEovemmenty'grant/bulledns/info35I.nr{F Environmental and Historic keservation Screening Form - June 2012 c. Provide the groundJevel elevation (feet above mean sea level) ofthe site of the proposed communications tow€r: Provide the total height (in feet above ground level) of the proposed communications lower or structure, including 8ny antennas to be mounted: . Ifgrealer than 199 feet above ground level, state why this is needed !o m€et the requirements ofthe project: e. Would the tower be free-standing or require guy wires? o If guy wires are requircd, stat€ number of bands and the number of wires per band;.... . Explain why a guyed tower is needed to m€et the requircments of this project: What kind oflighting would be installed, ifany (e.g., white strobe, red strobe, or st€ady bumingx Provide a general description ofterrain (e.g., mountainous, rolling hills, flat to undulating):.. Describ€ the frequency and seasonality offog/low cloud covcr: .................. Provide a list ofhabitst types and land use at and adjaccnt to the tower site (within % mile), by acreage and percentsge oftotal (e.g., woodland conifer forest, gussland, agriculturd) water body, marsh: j. Is th*e evidcnce of bird roosts or rookeries present within 'Z mile of the proposed site? r Describe how presence,/absence ofbird rmsts or rookeries was determined: k. Identift the distanc€ to nearEst wetland area (e.g., forested swarnp, march, riparian, marine) and coastline ifapplicable: l. Distance to nearest existing telecommunication tower: m. Have measures been incorporated for minimizing impacs to migntory birds? . IfYes, dcscribe: n. Has a Federal Communications Commission (FCC) r€gistration been obtained for this tower? r IfYes, provide Registration #: E Free standing E Guy wires h. i. lYes ltto ! Yes lNo lYes ltto . IfNo, why? o. Has the FCC Et06 process been compl€ted?........ p. Has the FCC Tower Crnstruction Notification System (TSNS) process been completed? . IfYes, attach the environmental documentation submitM as part of the registration process including use ofthe Tower Construction oMB Conrol#: 1660-01l5 FEMA Form: 024-0-l EYe3 ENo fives lNo 5 Environmental and Historic Preservation Screcning Form - June 20 I 2 Notification System (TCNS), if applicable. FRN#: q. Would any related generator and fuel equipment or structures need to be installed (e.g., backup source, communications shelter, fencing, or security measures)? . If Yes, explain where and how each installation would be done. Provide details about generator capacity (kW), firel source, firel location and tank volume, amount offencing, and size ofcommunication shelter:..... r. Complete Section D. 7. f] Other. Complete this scction ifthe proposed project docs not fit Bny of the categories above. a. Provide a complete project description: b. Complete Section D. SECTION D. PROJECT DETAILS Complete all ofthe information requested below. l. ! Prolect installation a. Explain how and where renovalionVupgrades/modifications would take place, or where equipment/systems will be installed: ! Yes flNo b. Would ground disturbance be rcquired to complete the project or Eaining? . IfYes, provide total ext€nt (depth, length, and width) ofeach Found- disturbing activity. Include both digging and trenching. For example, Iight poles and fencing have unique gound-disturbing activitics (e.9., six light poles, 24" dia. x 4' deep; trenching 12" x 500'x 18" deep; 22 fence posts, 12" diameter x 3' deep, and 2 gate posts, 18" diameter x 3' de€p):............... flves [No o IfYes, describe the current disturbed condition ofthe area (e.g., parking lot, road right of-way, commercial development):..................... c. Would the equipment distribution systems? o IfNo, describc power source and detail its installation at the site:.......... 2. n Ag€ of structure/building rt projcct sitc a. Provide the year existing building(s) or stsucturc(s) or/in/nearest to the location involved in the proposed project was built: o If the building or stucture involved is over 45 years old and OMB Control#: 1560-01 l5 FEMA Form; 024-G.l use the existing infrasfucturc for electrical lves lNo Environmental and Historic Preservation Screening Form - run€ 2012 signilicant renovation, rehabilitation, or modificarion has occuned, providc thc ycar(s) modified and bricfly descdb€ the nature of the modilication(s):. Are there any structurcs or buildings that arc 50 years old or older in or adjacent to the proj€ct area? . If yes, provide the location of the structure(s), groun&level color photographs ofthe sructure(s), and identiry their location(s) on an aerial map: E Yes nNo Is the project site listed in the National Register ofHistoric Plaoes (National Register), or in/near a designated looal or National R€gister Historic District? The intemet address for the Natioml Register is: hlE;/hdp&gcsrps4v r IfYes, identiry the name ofthe historic property, site and/or district and the National Register document number: Sitc photognphq meps and drewings Attach site phoiographs. Site photognphs arc required br all projeots. Usc the following as a checklist for photographs of your projcct. Afiaoh photographs to this document or as accompanying documents in your submission. e Labeled, color, ground-level photographs ofthe pmjcct site: o Labeled, color photograph of each location where equipment would be attached to a building or structure:.......... o Labeled, color aerial photograph ofthe project sit€: o Labeled, color aerial photographs that show the extent ofground disturbance (if applicable): o Labeled, color ground-level color photographs offrc stsucture from each exterior side ofthe building/structure (applicable only if building/structure is more $an 45 years old): b. Are there technical drawings or site plans availablc? . Ifyes, attach: ! Yes lxo 3.tr a. ! Required ! Required f| Required E Atrached n Attaohed n yes ENo ! ettacnca 4.8 a. o IfYes, attach documentation with this form: OMBConnol#:1660-0115 FEMA Fom: 024-0-l Environmentsl documentstion ls thcre any previously conipleted environmental documentation for this project at this proposed Foject site (e.9., Environmenhl Assessment, or wetland delineation, or cultural/archaeological study)?...-.,.....,...,,..,, . IfYes, attach documentation with this form: ...........................,,..... Is there any prcviously completed agcncy coordination for this prcject (e.g., conespondence with the U.S. Fish and Wildlife Service, State Historic Preservation Office, Tribal Historic Prcsewation Oftice)? I Yes !No D Aflached E Yes ENo ! Attached Environmental snd Historic Pr€s€wation Screening Form - Jun€ 2012 OMB Control#: 1660-01l5 FEMA Form: 024-0-l c. Was a NEPA document was pr€pared for this project? ... .-.................... n yo E tlo o If Yes, what was the decision? (Check one, and please anach): E Finding ofNo Significant Inpact (FONSI) from an Envimnmental Ass€ssmert (EA) or ! Record ofDecision (ROD) from an Environmental Impact Stat€ment (EIS). Nam agency:.. Date 8 Appendix A. Guidance for Supporting Photographs for EIIP Grant Submissions Photographs are a vital component ofthe EHP rcview process and add an additional level of understanding about the nature and scope ofthe project. They also provide pre-project documentation of site conditions. Please follow the guidance provided below when preparing photographs for your EHP submission. The following pages provide examples ofbest practices used in e$lier EHP submissions. Minimum requiremeots for photographs. l. Photographs should be in color. 2. Label all photographs with the name offacility, location (city/county, state) and physical location (physical address or latitude-longitude). 3. Label the photographs to clearly illustsate relevant features of the proj€ct, such as location of instalted features (e.g., cameras, fences, sirens, antennas, generators) and ground disturbance- See examples below. 4. Identi! ground disturbance. Adding graphics to a digital photograph is a means to illushate the siz€, scope and location of ground disturbing activities. Best Practices L Provide photographs in a separate file. 2. Place no more than 2 pictues per page. 3. Compressing pictures files (such as with Microsoft Picture Manager)r or saving the file in pdf format will reduce the size ofthe file and facilitate e-mail submissions. 4. Identifr the photograph file with the project namc so that it car be matched to the conesponding FEMA EHP screening form. 5. Maximum file size for enclosures should not exceed 12 MB. Ifth€ total size offiles for an EHP submission exceeds l2 MB, send the submission in multiplc e-mails. 6. If necessary, send additional photographs or data in supplemental e-mails. Ple{se use the same e-mail subject line with the additional label: I ofx, 2 ofx, . .. x ofx. Options for Creating Photogrrphsl. Obtain an aerial photo. There arc multiple online sources for aerial photographs. 2. For the aerial photo, use the scrcen capture feature (Ctrl + Print Screen keys) and copy the image to photo editing software, such as Paint, or PhotoShop.l Use that software to crop the image so the photo has the content necessary. 3. Open PowerPoint, or other graphics-oriented software, and paste the aerial or ground-level photograph on the canvas. 4. Use drawing tools, such as line drawing and shapes, to indicate tlre location of project features (for example: fencing, lighting, sirens, antennali, cameras, generators). 5. lnsert text to label the features and to label the photograph. 6. Use drawing tools to identiry ground-disturbing activities (if applicable). 7. Save the file with the project name or gmnt number so that it can be appropriately matched to the conesponding FEMA EHP screening form. Include this file with the EHP screening when submitting the project. OMB Control#: 1660-01l5 FEMA FoIm: 024-0-l A-l Appendix A. Supporting Photographs for EHP Granr Submissions Example Photographs Aerial Photographs. The example in Figure I provides the name ofthe site, physical address and proposed location for installing new equipment. This example of a labeled aerial photograph provides good context ofthe surrounding area. GroundJevel photogrsphs, The ground-level photograph in Figure 2 supplements the aerial photogaph in Figure l, above. Combined, they provide a clear understand ing ofthe scope ofthe project. This photograph has the name and address ofthe project site, and uses graphics to illustrate where equipment will be installed. OMB Control#: 1660-01 l5 FEMA Form; 024-0-l Figure 2. Example of ground-level photograph showing proposed attachment of new equipment Figure l. Example of labeled, color aerial photogaph. A-2 Allttff,n Tfln lhl, f2i M.In Stilrf tuyto*n, Si.tt I \ PaotroseJ h.rltbn o{ onlenna! ru a\ ), Appendix A. SupportinB Photographs for EHP Grant Submissions Ground-level photograph with equipment close-up. Figure 3 includes a pasted image of a CCTV camera that would be placed at the project site. Using desktop computer software, such as PowerPoint,l this can be accomplished by inserting a graphic symbol (square, triangle, circle, star, etc.) where the equipment would be installed. This example includes the name and location ofthe site. The site coordinates are in the degree- minute-second format. Ground-level photograph with ercavation area close- up. The example in Figure 4 shows the proposed location for the concrete pad for a generator and the ground distubanc€ to connect the generator to t}rc building's electricalservice. This information can be illustated with either an aerial or ground-level photograph, or both. This example has the name and physical address of the project site. OMB Control#: 1560{t l5 FEMA Form: 024-0-l Figure 3. Ground-level photograph with graphic showing proposed equipment instal lation. Figure 4. Ground-level photograph showing proposed ground dishrbance area. A-3 Appendix A. Supporting Photographs for EHP Grant Submissions Communicrtions equipment photogrsphs. The example in Figure 5 supports a project involving installation of equipment on a tower. Key elements arc identifring where equipment would be installed on the tower, name of the site and its location. This example provides site coordinates in decimal format. Interior equipment photograph, The example in Figure 6 shows the use ofgraphic symbols to represent security features planned for a building. The same symbols are used in the other pictures where the same equipment would be installed at other locations inlon the building. This example includes the name ofthe facility and its physical address. Figure 6. Interior photograph showing proposed location ofnew equipment. Grourd-level photographs of nearby hlstoric Etructur€s and buildings. Consultation with the State Historic Preservalion Office (SHPO) may be required for projects involving structures that are more than 50 years old, or are on the National Register of Historic Places. In that event, it will be necessary to provide a color, groundJwel photograph ofeach side ofthe building/structure. I Usc ofbmnd name does not constitute product endorsomcnt, but is intended only tio provide on exomple ofthe type ofpoduct capable ofproviding an cl€ment of the EHP documcnlrtion. OMB Control#: 1660-01 15 FEMA Form: 024-0-l A-4 I A .rm.^ slll bG .dd.d h drr !go.r rth! aqnar ard a prdltllty do H,rt{rar u ba ddrd tgr arari aoaru!l t "rr I tower. California Governor's O$lggpll4gIgggg_@lq WATERCRAFT REOUEST Subgrantee Name: Homeland Security Grant Program FY- Grant Number-Cal OES ID#. Urban Area Security Initiative (UASI) FY-Grant Number-Cal OES ID# Other Program FY Grant Number-Cal OES IDt Project Amount: UASI $SHSP $ t. Indicate the type ofequipment for this request (choose only one ofthe following). Watercraft Watercraft - Related Equipment Please provide a description of the area that will be served by the requested equipment. Equipment & Description Cost AEL number 3. Please justifr the need for the watercraft and how the requested platform best meets that need as compared to other options. Include the cost, disoipline, and funding source. 4. Please describe the active, op€rating waterway patrol unit and certifi on signed letterhead that no expenses will be charged against the grant award for the operation of such unit. 5. Please identiff the applicable goals and objectives in your State/Urban Area Homeland Security Strategy that the requested watercraft addresses, and the waterway identified as critical asset requiring state and/or local prevention and response capabilities. 6. Please explain how the requested watercraft fits into the StateAJrban Area's integrated operational plans and vulnerability assessment. CaloES wRF Revlred 07/11/13 Celifornia Governor's OIIice of Emergencv Services WATERCRAPT REOUEST 7. Please describe how this watercraft will be used operationally irnd which response assets will be deployed u'sing the requested watercraft. 8. Please describe how this watercraft will be utilized on a regular, non-emergency basis. 9. Please describe what types of tenorism incident response and prevention equipment with which the requested watercraft will be outfiued. Include any specialized navigational, communications, safety, and operational equipment necessary to enable such watercraft to support the homeland security mission. Please certift on signed letterhead that licensing, registration fees, insurance, and all ongoing operational expenses are the responsibility of the grantee or the local units ofgovemment and are not allowable under this grant. 10. Attach letters of endorsement, ifapplicable. Submitted by: (Name)(Signature) cal OESWRF Revlsed0T/11/13 Date: EXHIBIT L Technology Project Standards 1. Virtual Port (Data Svstem Proiects) 1) Web-based software: system on browser technology instead of proprietary system 2) API or STK softu/are integration tools- application is typically provided by the manufacturer 3) Exchange protocols: '128 bid encryption 4) Dual authentication 2. Downlink Proiect 1. Abilig to go noncncryptic for both receivers and transmitters 2. 6.5 GHz Range 3. High-gain antennas 4. Moving Pictures Expert Group (M-PEG) current standards for decoding: M-PEG 4 3. SMART Classroom 1. 2 Mbps minimum bandwidth 2. CodeX Specs- minimum ot C40 (2 video outputs) 3. Camera Specs- 1080 dpi 4. Firewall settings: 5. lT personnel required for set-up/installation 4. LARCOPP Asset Manager - Tracks personnel and equipment to shlft or operatlonal period based on availability either on duty or on overtime. Tracks all workhg hours and prints out overtime slips in compliance with FMAG reimbursement procedures. Logs- Ability to create multiple logs for different ICS sections, divislons, or agencies for multiple operational periods. Mapping - Ability to plot personnel, equipment, missions for a variety of incidents, draw perimete6, fire lines, fire progression, plume modeling etc. Video Streamer- Ability to stream multiple videos streams from ANTARES cameras in to several locations, (EOC's mobile command post trailers). Message Center - Ability to have private encrypted chat rooms for operators to discuss operations, FAX service to send and receive FAXs', Email Broups ability to send and receive emails with attachments or send attachments on email. lcs Forms - Ability to create lcs forms and complete EAP'S/IAP's Downlink Receiver - Ability to receive both 4.9 and 6.5 GHz downlink video Triage App - Ability to track patients at an MCI incident both by name and location. Tri-Korder phones - Ability to have most ofthe above applications on a smart phone and also the ability to use the Tri Korder phone as a GPS tracker to track personnel live on the mapping app Re-Stat ability - to have situational awareness of all you deployed and waiting resources as well as missions Missions - creates and tracks missions both for a pre-planned and emerging events. Ability to insert detailed instructions for personnel Reports - Ability to print up multiple reports about personnel, missions, overtime costs. All of these abilities are shared with all a8encies participating in the LARCOPP program. There are several servers throughout the region that give us the ability to share and view everyone's incidents and information live. lt also allows us to works together on a slngle lncident allowing multiple agencies in a unlfied command to have the same picture ofthe incident. Allof this information is encrypted. 5. License Plate Recoonition (LPRI Overview: Fixed and Mobile License Plate Recognition system should contain the following components: (a) Fixed License Plate Recognition Cameras including all necessary mounting hardware, (b) Capabllity to accept a network connection capable of backhauling data to city network, (c) Hardware capable of creating VPN between network connection identifled in (bland City/Agency network. System RequiremenB: . System shall have the ability to capture license plates and compare them to a database detailed by the purchasing agency; . System shall be able to perform this analysis in varied lighting and weather conditions at an accuracy level deemed suitable by the purchasing agency; o System shall have the ability to llnk or share data with other IPR systems; . The LPR system shall have the ability to be deployed in both a mobile and fixed installation based on standards set by the agency purchasing; . The systems timekeeping shall automatically update when time changes occur (e.g., Daylight savings time) and be consistent with correct calendar dates; . Any system selected shall allow for the purchasing agency to be the sole owner of the data; . Data shall be compatible with standard SQL format; . System selected shall at a minimum have the ability for a unique user sign and audit/reporting capability; . Still imagery must be in a non-proprietary format; r Each read shall retaln the associated metadata the mlnlmally includes: o GPS location; o oate; o Time; o Source (vehicle lDlfixed identifier); o Alert reason; . System must have the ability to retain all data captured for a period set by the purchasing agencies requirements; . The system must be lndustrial/commerclal grade. No prototype models will be considered; Hardware: o Loss of power to any hardware shall not resuh in the unit requiring reprogramming; . Sudden loss of power shall not cause the loss of data; o All wiring shall meet industry standards applicable to the wire applications and allsystems must be properly grounded using the same industry standards; . The systems shall operate under extreme hot and cold weather conditions (20to 150 degrees Fahrenheit); . Camera system shall capture an image ofthe plate and overview ofthe vehicle; . Mobile systems shallsupport a minimum offour cameras capable ofcapturing license plates; . system shall comply with the purchasing agencles' lightlng standards for fixed installations; . Cameras must operate on a flltered, regulated and short-circuit-protected power source. . The system will be protected from damage due to input ofvohage, reverse polarity, and electrical transients that may be encountered. o Camera will need to possess sufficient internal memory such that during times of impaired network connectivity data will not be lost. . Ruggedized exterior for camera and networking equipment . Vibration resistant . Rugged mounts that provide stability to all equipment Network Conditions: . System Network connection should be capable of sustained 250kb/s speeds. . Human intervention shall not be required to establish/maintain the connection . Connection should be capable of automatic reconnection in the event of power-loss or temporary issue with service provider. . lf a device is required at each network connection point, it shall be capable of encrypting data being sent back to any Agency network. Warranty and Maintenance: . System selected shall include a comprehensive warranty and maintenance for the maximum amount of time allowed by the grant guidellnes; Regional Sharing: . Any agency using UASI/SHSG Grant Funding shall agree to enter into a standard Memorandum of Agreement to share data between LA-LB UASI law enforcement members (to be developed and provided prior to final grant award); RECEIIVIEE jUN 2 g Z0i5 CIIY CTERl('S OFFICE of m. RECEIVED JUN I 6 20t5 CITY ADMINISTRATION POLICE DEPARTMENT Daniel Calleros, Chief of Police 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323)587-5777 Fax (323) 82G7487 June 16,2015 Honorable City Council City of Vernon Vernon, California Honorable Members: Attached are copies of the Vernon Police Department Activity Log and Statistical Summary of Arrest and Activities which cover the period from l2:0I ?.ffi., June l, 2015 up to and including midnight of June 15, 2015. Respectfully submitted, VERNON POLICE DEPARTMENT O,;.0 e/1** DANIEL CALLEROS CHIEF OF POLICE DClar9t lE4dusiveb Infi$triot VERNON POLICE DEPARTMENT D epartment Activity Report Jurisdiction' vERNoN First Date: o6to1l2o15 Lasl Date: 06/1s/2ots Department Complaint Type Description All Unils Primary Unit \rPD 10-6 1 0-96C 1 0-96H 't0-96M 166R 20001 20002 20002R 211 211S 242 242R 314 415 422R 459A 459S 459V 459VR 484R 487R 586 586E 594 594R 602 901 9017 9027 909E 911 9'114 917A 925 927 ASTVFD BOVEH CITCK CODE5 coP DET DETAIL DPTAST DUI FILING FOUND FU GTAR oFFrcER ts 10-6 C7,96't,962,10-10, WASH, EQUIPI 10.96 CHARLES (CITY HALL SECURITY CHECK) PICK UP THE JAIL PAPER WORK FROM HP JAIL ,I0-96 MARY (MAIL DETAIL) COURT ORDER VIOLATION REPORT INJURY HIT AND RUN NON-INJURY HIT ANO RUN NON-INJURY HIT AND RUN REPORT ROBBERY SILENT ROBBERY ALARM BATTERY BATTERY REPORT INDECENT EXPOSURE DISTURBING THE PEACE TERRORIST THREATS REPORT AUDIBLE BURGI}RY AI-ARM SILENT BURGI.ARY AITRM BURGI.ARY TO A VEHICLE BURGI.ARY TO A VEHICLE REPORT PETTY THEFT REPORT GRAND THEFT REPORT PARKING PROBLEM PARKING ENFORCEMENT VANDALISM VANDALISM REPORT TRESPASS UNKNOWN INJURY TRAFFIC COLLISION INJURY TMFFIC COLLISION NON-INJURY TRAFFIC COLLISION TRAFFIC ENFORCEMENT 911 MISUSE / HANGUP CONTACT THE REPORTING PARTY ABANDONED VEHICLE SUSPICIOUS CIRCUMSTANCES UNKNOWN TROUBLE ASSIST VERNON FIRE DEPARTMENT BROKEN DOWN VEHICLE CITATION CHECK SURVEI LI.ANCE/STAKE-OUT COP DETAIL DETECTIVE INVESTIGATION DETAIL DEPARTMENTAL ASSIST DRIVING UNDER THE INFLUENCE OFFICER IS 10-6 REPORT WRITING FOUND PROPERTY REPORT FOLLOW UP GRAND THEFT AUTO REPORT 134 1 2 4 1 3 2 10 10 14 5 3 4 14 1 74 2 9 I 13 4 14 3 3 6 2 11 17 53 4 2 14 I 20 13 17I 12 1 2 4 3 2 3 41 b 26 16 126 I 2 4 I I I 6 2 5 I 2 2 4 I 4t I I 7 7 J l3 ) I 5 I 4 5 JJ J 2 l0 I 8 ) t2 7 8 I ) ) J I I 35 4 t4 8 06/16/2015 05:24:24 Page of VERNOIY POLICE DEPARTMENT D epurtment Activity Report Jurisdiction' vERNoN First Date: o6/01/2ors Lasl Date: o6ns/2ols Department Complaint Type Description All Units Primary Unit VPD HBC HAILED BY A CITIZEN ILLDPG ILLEGAL DUMPING JAILPANIC TEST THE JAIL PANIC ATARM BUTTON K9 TRAINING K9 TRAINING REMINDER. OBTAIN LOCATION LOCATE LOCATED VERNON STOLEN VEHICLE LOJACK LOJACK HIT MR6O MISC REPORT PANIC A].ARM PANIC AI.ARM/DURESS ALARM 4 2 ) 2 2 2 I I 6 60 I 2t 7 I 2 2 I I 2 r37 43 t2 I I ) 2 6 7 5 2 4 2 o 1 4 12 72 1 40 8 5 2 2 1 1 4 174 58 15 2 2 3 4 6 PRSTRAN PRISONER TMNSPORTED REC RECOVERED STOLEN VEHICLE RECKLESS DF RECKLESS DRIVING (23103) PAPD PATCK PDO PEDCK REPO RR SEMCA SHOTS PUBLIC ASSIST.POLICE PATROL CHECK PROPERTY DAMAGE ONLY PEDESTRIAN CHECK REPOSSESSION RAIL ROAD PROBLEM SEAACA ANIMAL CALLS SHOTS TMFFIC STOI TMFFIC STOP VCK VEHICLE CHECK VEH RELEASE VEHICLE RELEASE VIDEOCHECK VIDEO EQUIPMENT CHECK (10-96 V) VMCVIO VERNON MUNICIPAL CODE VIOI.ATION WARMNT WARMNTARREST WELCK WELFARE CHECK WRNTSVC WARRANT SERVICE Department:1067 734 Overall:1067 735 06/16/2015 05:24:24 Page of VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 06115115 TRAFFIC COLLISIONS TOTAL NON-INJURY INJURY Pedestrian Fatalities City Property Damage Hit & Run (Misdemeanor) Hit & Run (Felony) Persons Injured VEHICLES STORED Unlicensed Driver Abandoned/Stored Vehicle Traffic Hazard CITATIONS Citations Iss (Prisoner Release) Citations Iss (Moving) Citations Iss (Parking) Citations Iss (Total) Hazardous Non-Hazardous Other Violations CASES CLEARED BY ARREST ARl5-135 CRl5-0885 487(4) PC ARls-136 CR15-09s0 11364(A) HS ARrs-137 CRl5-0964 4s9 PC ARl5-138 CRrs-0963 20002(A) VC ARl5-140 CRl5-0974 69 PC ARls-142 CRl5-0983 245(AX1) PC ARls-143 CRl5-0984 s94(AX1) PC ARr5-147 CR15-0992 10851(A) VC ARl5-148 CRl5-0993 2lt PC ARl5-149 CR15-0994 10851(A) VC AR15-1s1 CR15-0999 l 1364(4.) HS ARls-ls2 CRls-l008 s94(BXl) PC PROPERTY RECOVERED VEHICLES: $32,000.00 PROPERTY RECOVERED FOR OTHER DEPARTMENTS VEHICLES: $2,000.00 NO. 13 5 8 2 2 t2 t4 t7 I 11 7l t2 83 51 20 VERNON POUCE DEPARTMENT REPORT FOR PERSONS AR.RESTED PERIOD ENDING 06/15/15 MALE FEMALE TOTAL ASSAULT WTNi A DEADLY WEAPON 1 1 BURGLARY 1 1 CRIMINAL THREATS EMBEZZLEMENT FORGED OFFICIAL SEAL GRAND THEFT 1 1 POSS. CONTROLLED SUBSTANCE POSS. STOLEN PROPERTY RESISTING ARREST 1 1 ROBBERY 1 1 VEHICLE THEFT 2 2 WARRANT (BENCH)1 1 TOTAL FELONY ARRESTS 6 2 E MALE FEMALE TOTAL BATTERY CRIMINAL THREATS DRIVING ON A SUSPENDED UCENSE DRIVING UNDER THE INFLUENCE 1 1 2 DRUNK IN PUBUC HIT AND RUN 1 1 POSS. NARC. PARAPHERNAUA 2 2 TRESPASSING VANDALISM 3 J WARMNTS (BENCHTTRFC)2 2 WARRANTS (FOREIGN)1 1 TOTAL MISD. ARRESTS 10 1 11 MALE FEMALE TOTAL BURGLARY PETTY THEFT POSS. STOLEN PROPERTY VANDAL]SM VEHICLE THEFT rQTAL JUVENILES DET.o o o TOTAL FELONY ARRESTS (ADULT) TO DATE: TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE: TOTAL JUVENILES DETAINED (FELONY AND MISDEMEANOR) TO DATE: TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR) TO DATE: 105 VERNON POLICE DEPARTMENT Call Log Report Type AA Unit Times and Location with OCA's Jurisdiction' vERNoN First Date: olto'12015 Last Date: 0610l/2015 Call Number Disp Ten Code Caller Address Dep Oflicer Received Comolaint Unit Time 20150609413 1015 VI RPT 20150609424 1015 VI RPT 201s0609442 CITE VI RPT 20150609448 RPT 20150609459 VI RPT CITE OGlO1l2015 OO:02:25 TMFFIC STOP VPD VPD VPD 06/01/20'15 02:16:53 TRAFFIC STOP 06/01/2015 08'.22:31 GTAR VPD VPD OOIO'Il2O15 09:44:50 TRAFFIC STOP SOTO // SLAUSON, VERNON DeDorlment VPD 00:02:26 00:02:30 00:04:33 00:03:57 DeDarlment VPD O2'.16:54 02:29:50 02:16:57 02:1 8:38 DeDarlment VPD 07'.50'.28 DeDartment VPD 08:28:38 08:30:07 08:31 :17 OCA Number cR20t50925 OCA Number cR20150926 OCA Number cR201 50927 OCA Number cR201 50928 MADRIGAL,MARII HERNANDEZ.MIG HERNANDEZ.EDV HERNANDEZ,EDV HERNANDEZ,MIG VELASQUEZ,RIC} GAYTAN,LORENZ RAMOS,JOSE/OU E 45TH // PACIFIC BL. VERNON DOWNEY RD // 5OTH. VERNON -1111 1L10 00:02:29 'tL12 '1L12 1 110 1 L9 02:'l 6:56 *2L11 2410 Enroute OnScene Depart Remove RMS Juris cA0197300 01:03:14 00:15:09 RMS Juris cAo197300 03:31:37 RMS Juris cAo197300 RMS Juris cAo197300 08:30:10 RMS Juris cAo197300 01'.42:'14 04:11:08 O4:11:07 08:15:47 09:20:01 VPD GAYTAN.LORENZ *2L11 united paciifc DISTRICT 4507 MAYWOOD AV, VERNON E SLAUSON AV // BOYLE AV, VERNON Departmeru OCA NumbervPD CR20150929 09:44:50 06/02/2015 07:11:2i VPD GAYTAN,LORENZ *2L11 Page of 1O:2O:12 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Dale: 06/01/2015 furisdiclion' vERNoN Last Dale: 06/01/2015 Coll Number Disp Ten Received Code Comolaint Caller Address Unit Time Dep Officer anil Dispalch Enroute OnScene Depart Arrive Remove Comp 20r50609464 VI OG|O112015 10:21:48 VCK 49OO E 49TH, VERNON VPD GAYTAN,LORENZ *2L11 201506094661015 0610112015 '10:30:56 FU 2222 RANDOLPH, VERNON VPD ONOPA.DANIEL -5D34 VPD MARTINEZ,GABR 5D31 VPD SOUSA.ROBERT( 5126 VPD RECORDS BURA RECD 20t5060947r C;TE 0610112015 11:10:25 Vt TMFFIC STOP 3800 S SANTA FE AV, VERNON VPD NEWTON.TODD *M1 VPD VALENZUELA,FEI 2L12 20150609473 RpT OOIO'1120'15 11:32:30 DATALOCK GTAR 5990 MALBURG WY. VERNON VPD I.ANDA.RAFAEL DeDartmeru OCA Number RMS JurisvPD CR20150930 CA0'197300 10:21:48 10:30:56 10:56:39 10:56:27 10:31 :34 10:56:33 '10:54:05 10:55:31 11:27:01 11:27:OO 11:36:03 11:36:03 13:02:59 14'.26:12 Deparlmeru OCA Number RMS JurisvPD CR20150931 CA0197300 11'.10:25 '1 1 :'t 1 :59 1'l'.25:1O DeDarlmeru OCA Number RMS JurisvPD CR20't50932 CA0'197300vPD CR20150933 CA0197300 t2Lg 'l 1:35:15 'l 1:35:16 11:44:OB 201s0609481 VI RPT CITE 20150609484 OO|O112015 '13:55:27 TRAFFIC STOP FRUITLAND AV // SOTO. VERNON DeDartmeru OCA Number RMS JurisvPD cR20150934 C40197300 13:55:30 06/02/2015 07:14:2i VPD GAYTAN.LORENZ '2L11 Page 2 of 3 VS VERNON POLICE DEPARTMENT Calt Log Report Type All (Init Times and Location with OCA's furisdiction' vERNoN First Date: Lasl Date: 06101t201s 06/01/2015 Call Number Disp Ten Code Received Comolaint Caller Address Unit Time 20150609484 Disoatch Enroule OnScene Remove Cr VI CITE RPT 20150609491 VI RPT CITE 20150609493 VI 20150609505 VREC 0610112015 14:52:51 TMFFIC STOP 0610112015 15:32:43 TRAFFIC STOP VPD 0610112015 16:08:33 9'17A VPD OAl01l2O15 22:54:47 LOCATE VPD DOWNEY RD // sOTH. VERNON GAYTAN.LORENZ *2L11 ROSS // AI.AMEDA, VERNON GAYTAN.LORENZ *2L11 4383 EXCHANGE AV. VERNON VPD GAYTAN,LORENZ *2L1'I LAPD - HOLLYWOOD DIV 2701 BELDEN DRIVE, HOLLYWOOD DeDartmem OCA NumbervPD cR20150935 14:52:51 DeDartment OCA NumbervPD cR20'150936 15:32:43 Departmeru OCA NumbervPD cR20150937 16:08:33 23:08:51 RMS Juris c40197300 RMS Juris cA01 97300 RMS Juris cA0197300 15:28:58 15:57:08 16:51:47 23:40:59DISPATCH 06/0A2MS 07:14:2i Page of VERNON POLICE DEPARTMENT Call Log Report Type AA Unit Times and Location with OCA's First Date: oina2o1.5 Last Date: oato2l2o15Iurisdiction' vERNoN Call Number Disp Ten Received Code Comolaint Caller Address Ilnit Time Dep Officer Unit Disoatch Enroute Onscene Deparl Arrive Remove Comp 20r50609514 C|TE 06/022015 04i59:09 vf rRAFFrc srop s soro // FRUTTLAND AV, vERNoN |tr"-*' ffAIM* Xii|.ff VPD MADRIGAL iiIARY '1L12 04:59:09 05:38:47 vPD HERNANDEZ.MIG 118 05:05:01 05:05:02 O5:07:Ol 05:38:48 201$609518 C;TE OOlO2l2O'15 07:19:59 20150609507 RpT 0610212015 00:43:51 ILLDPG VI 20r50609s23 VI RPT 20150609535 20r50609547 RPT 20150609550 5335 S DISTRICT BL. VERNON VPD HERNANDEZ.EDV *1L1 1 00:44:58 00:44:59 OO:52:O2 Departmen OCA Number RMS JurisvPD CR20150938 CA0197300 DeDartmeru OCA Number RMS JurisvPD CR20150940 cA0197300 07:20:00 DeDartmeru OCA Number RMS JurisvPD CR20150941 CA0197300 07:51 :1 5 Deparlmeru OCA Number RMS JurisvPD CR20"150942 cA0197300 09:53:29 01:33:44 07:42:41 O8:25:02 10:20:52 '13:11:01 TRAFFIC STOP 4461 S SANTA FE AV. VERNON VPD GAYTAN,LORENZ '2L12 C;TE OGl02l2O'15 07:51:15 TMFFIC STOP PACIFIC BL // 46TH, VERNON VPD GAYTAN,LORENZ *2L12 Vt 0610212015 09:53:29 C;TE TRAFFIC STOP 2300 E VERNON AV. VERNON RPT VPD GAYTAN,LORENZ *2L'12 OGlO2l2O15 12:15:58 AT&T MOBILITY 800 635 6840 4 9o2T BANDTNT BL // pENNTNGToN wAy, vERNoN DeDartmeru ocA Number RMS JurisvPD CR20150944 cA0197300 VPD RAMOS.JOSE/OU '?A11 12:19:17 12:19:21 13:09:25 06/03/2015 05:03:5t Page I of 3 VERNON POLICE DEPARTMENT Catl Log Report Type Alt Unit Times and Location with OCA's First Date: Last Date: 0610212015 0610212015furisdiction' vERNoN Call Number Disp Ten Received Code Comolaint Caller Address VPD GAYTAN,LORENZ 20150609550 DeD oflicet llni, Dispo'ch E"touTe onsge"e Deport ADive Remove comD RpT 0610212015 12:31:'16 DeDartmeru OCA NumbervPD cR20'.150943 12:31:16 TMFFIC STOP FRUITIAND AV // BOYLE AV, VERNON VI CITE 20150609557 RPT 201s0609s66 RPT 20t 50609579 CITE VI RPT 20150609583 RPT 20150609596 0610212015 13:23:25 9027 06102120'15 14:54:06 FOUND 06102120'15 17:11:38 TRAFFIC STOP 0610212015 18:38:02 211 *2L12 5981 MALBURG WY, VERNON RMS Juris cAo1 97300 12:59'.04 RMS Juris cAo1 97300 13:43:20 RMS Juris cA0197300 RMS Juris cAol97300 DeDarlment VPD 13:26:23 13:32:25 13:43:33 DeDarlment VPD 15:2O:12 15:22:28 '15:25'.21 18:40.'22 18:42:40 18'.42:42 18:42:39 18:46:48 OCA Number cR20150945 OCA Number cR20150946 VPD VPD NEWTON.TODD RAMOS,JOSE/OU 'M1 2A11 14:10:01 15:51:24 15:51:25 17:49:19 VPD VPD RAMOS.JOSE/OU NEWTON.TODD 4305 S SANTA FE AV. VERNON *2411 M1 VPD GAYTAN,LORENZ S SANTA FE AV // 56TH, VERNON *2L12 FRUITLAND AV // BOYLE AV, VERNON -2L8 1L1 1 1L',t2 151 2A11 DeDarlment OCA NumhervPD cR20150947 17:11:38 DeDarlmeru OCA NumbervPD cR20150948 18:46:31 18'.46:23 18:47:45 VPD VPD VPD VPD VPD VALENZUELA,FEI HERNANDEZ.EDV MADRIGAL.MARII PEREZ.NICK RAMOS.JOSgOU 06/03/2015 05:03:5( Page 2of 3 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: vERNoN First Date: 06/0z20'15 Last Date: ofilo2l2o15 Call Number Disp Ten Received Code Complainl Caller Address Unit Time 20150609596 RPT Enruute OnScene DeDarlnent VPD22:13:03 22t17.13 22:13142 22117:15 OCA Number cR20'150949 O,to2t2o15 2211 13 T-MOB|LE (877) 653-7911 2OOO2 LEONIS BL // SOTO. VERNON RMS Jurk cAo197300 VPD VANOVER.DOMI VPD HERNANDEZ.EDV 'K91 22:13:03 1L12 23:10 39 23:10:39 -r5Eft rEfE?l!?Elrrllll- 06/0i/2015 05:03:54 Page 3 ol 3 VERNON POLICE DEPARTMENT Call Log Report Type AA Unit Times and Location with OCA's Jurisdiction' vERNoN First Date: o6/03/201s Lasl Date: 06/03120ls Call Number Disp Ten Code Received Comolaint Caller Address anil Time 20150609600 1015 RPT 201s0609622 RPT VS 06/03/201 5 PATCK 00:39:20 06/03/2015 04:43:24 9027 06/03/2015 07:10:33 TRAFFIC STOP 06/03/20'15 09:01 :32 9017 VPD VPD VPD 06/03/2015 12:09:37 TRAFFIC STOP Dep Officer MADRIGAL,MTARII VANOVER,DONAI HERNANDEZ,EDV MADRIGAL,MARII VANOVER.DONAI NEWTON.TODD DOCHERTY,MICH CROSS,JEREMY NEWTON,TODD DOCHERTY,MICH STEVENSON,KEh 4726 E26TH, VERNON DeDartment VPD 00:39:20 00:39:52 00:48:08 OCA Number cR20150950 OCA Number cR20't50952 OCA Number cR201 50954 VPD VPD *1L1 1 K91 00:39:38 *1L12 04:44:54 1111 K91 'M1 07:13:31 2L11 5D41 *M1 2L11 K92 Enroute OnScene Deoarl Remove RMS Juris cAo197300 02:04:50 RMS Juris cAo197300 05:55:49 RMS Juris cA0197300 07:13:31 07:39:09 RMS Juris cA01 97300 09:15:25 RMS Juris cAol97300 02:06:22 06:40:27 06:40:28 07:41:18 09:46:54 09:46:54 VPD VPD VPD GAVINA & SONS 27OO FRUITLAND AV, VERNON S/A B DeDartmenr OCA NumbervPD CR20150951 04:46:01 04:51:11 04:47:32 VPD VPD VPD E DOWNEY RD // BANDINI. VERNON 04:44:55 04:47:04 Deparlment VPD 07:'13:48 07'.26:29 07:1 0:36 07:11:17 DeDarlment VPD09:04:44 09:10:59 09:05:42 09:04:47 09:11:44 Deparlment VPD SPR|NT 866-398-3284 3O3O S ATI.ANTIC BL. VERNON 06/04/2015 05:23:24 S SOTO il 26TH, VERNON Page VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Dale: 06/03/20ls Jurisdiction: vERNoN Lasl Date: o6ro3r2o,t5 Call Number Disp Ten Received Code Comolainl Caller Address Deo Officer Unil Time Unit Dispatch Enruule OnScene Deoarl A ive Remove ComD 20t 50609632 RPT CITE VI 20150609641 RPT OOlO3l2O15 'l2ti9t37 TMFFIC STOP S SOTO // 26TH. VERNON DeDartmen OCA Number RMS JurisvPD CR20150954 CA0197300 12 09 47 DeDsrlmen OCA Number RMS JurisvPD CR20150955 C40197300 VPD GAYTAN.LORENz '2A8 0610312015 13.17:46 GREAT WESTERN PRODUCE GTAR 4733 LOMA VISTA AV, VERNON VPD NEWTONTODD "M1 VPD CEROA,EUGENIO 2A12 06/03/2015 17114:33 SANTEX 459VR 4879 FRUITLAND AV, VERNON VPD DOCHERTY,MICH '2L11 OOl03l2O15 21:47:56 SpRtNT 866-398-3284 459VR 3100 E,|4TH. VERNON VPD VASOUEZ,LUIS 12 51 37 13:23:08 13i34:35 13:39 32 1323:24 20150609662 RPT '14:3'1t21 17:31:39 '18 43 05 DeDa men OCA Number RMS fu svPD CR20'1s0956 C40197300 171'17t18 17:31:49 20150609675 RPT Departmen OCA Numbet RMS JurisvPD CR20't50957 CA0197300*11'l'l 21:5'1:09 2'l:51:10 21:55:49 22'28:46 06,/04/2015 05:23:24 Page 2 of 2 | * Denot tar-r Ulit I/ERNON POLICE DEPARTMENT Call Log Report Type All (Init Times and Location with OCA's Jurisdiction' vERNoN First Date: Last Date: 0610412015 o6t04t2015 Call Number Disp Ten Code Received Comolaint Caller Address 20150609695 VS 20150609699 RPT 20150609704 VREC 20150609712 RPT 20150609716 RPT 20r50609718 RPT 20150609721 06t0412015 VCK Deo 'rcet S ATLANTIC BL II71O FWY, VERNON CERDA,EUGENIO ,2411 Dispatch Enroule OnScene Depart 1O:2'l:26 VPD 10:21:26 Deparlment VPD11:2O:5'l 11:34:36 13:06:21 DeDartment VPD 13:27:45 13:33:36 DeDartment VPD'15:.10:50 15:19:42 15:10:57 '15:19:49 15:17:04 Depsrtmenr VPD15:59:37 16:'l 1:06 16:01:24 16:11:01 OCA Number cR20150958 OCA Number cR20150959 OCA Number cR20150960 OCA Number cR20't5096'l Remove RMS Juris cA0197300 RMS Juris cAo197300 RMS Juris cAo197300 15:17:20 RMS Juris cAo1 97300 16:34:49 0610412015 '1 1:11:01 594R VPD OGlO4l20'15 11:59:33 LOCATE VPD 0610412015 1 3:25:10 GTAR VPD JIMAR DISTRIBUTION 6152 S BOYLE AV. VERNON CERDA,EUGENIO *2411 WILMINGTON AVE II 137 ST. COMPTON RECORDS BUREI -RECD WILFREDO 2640 E 45TH, VERNON CERDA.PAUL,JR *2L',12 15:09:25 AT&T MOBlLlry 800 635 6840 4 BANDINI BL // ATLANTIC BL, VERNON VPD DOCHERTY.MICH *219 VPD CERDA,EUGENIO 2411 VPD DOCHERTY,MICH 2L11 10:59:23 12:.'11:15 13:07 51 14:29:31 15:59:10 'l 5:59:10 06t0412015 9017 06104120'15 '15:53:08 FOUND VPD VPD AT&T MOBlLlry 800 635 6840 3333 DOWNEY RD. VERNON STEVENSON,KEN CERDA.EUGENIO *K92 2411 06/05/2015 00:35:11 Page 17:02:59 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: olto4t2o15 Last Date: o6rou2ot5Jurisdiction' vERNoN Call Number Disp Ten Received Code Complaint Caller Address Dep Oflicer Unit Time Unit Dispatch Enroute OnScene Depart Aruive Remove Comp 20150609721 10,t5 0610412015 16:12:20 RpT 20002R 20150609725 RPT 1015 459V 4540 LOMA VISTA AV. VERNON VPD RAMOS.JOSE -211 0 VPD CERDA,EUGENIO 2411 VPD WINEGAR.JERRY 2L92 0610412015 18:07:05 SPRTNT 866-398-3284 4520 MAYWOOD AV. VERNON VPD DOCHERW,MICH '2L9 vPD 1L1'l VPD 1L12 VPD RODRIGUEZ.FER 1S1 VPD RAMOS,JOSE 2L10 VPD CERDA,PAUL,JR 2L12 VPD WINEGAR.JERRY 2L92 VPD VANOVER.DONAI K91 VPD STEVENSON.KEf\ K92 DeDarlmeru OCA Number RMS JurisvPD CM0150963 cA0'197300 16:16:32 16:26:46 16:34:55 16:49:18 18:20'.23 18:22:36 '18:08:32 '18:12'.26 18:33:34 18:38:23 19:02:50 18:18:32 18:13:31 18:'12'.19 1 8:1 0: 1 4 1 8:1 3:45 18:10:23 18:14:52 18:08:33 DeDartmeru OCA Number RMS JurisvPD cR20150964 cA0197300 18:13:27 19:56:04 '19:07:28 19:58:05 19:44:58 18:35'.24 20:01:45 18:24:42 18:50:09 1 8:1 9:1 6 19:48:01 '18:19:22 20150609726 RpT Od0,4,r2O15 1A:20:52 SHO SHO INTERNATIOMLAssr 45evR 2454 E 27rH. vERNoN ''r€tr"^' ' ffil:W.* Yi"!ri[f VPD R/qMOS OSE 2L1o 18:24:.4 18:25:08 16:37:16 19:28:56 VPD 1L'12 fi:32:29 19:02:41 18:58:32 VPD RODRIGUEZ FER lsl 19.02:47 19111:09 19:28:56 20150609734 RpT 0610,4,12015 22:04:23 SINGHvs eo2r s ALAMEDA // 38rH. vERNoN DGEaril t MM!$ ffi{ri# VPD VASaU Z LUIS '1L12 22:05,27 22:t1.51 22 )7:52 22:54''03 0U05/2015 00:35:11 Page 2 ol 2 VERNON POLICE DEPARTMENT Call Log Report Type All flnit Times and Location with OCA's lurisdiction' vERNoN First Date: Last Date: 06/05/201 5 06/05/201 5 Call Number Disp Ten Code Received Complaint Caller Address 'r 20150609751 RPT 20t50609757 RPT 20150609766 RPT 20150609767 RPT 20150609768 RPT 20150609774 RPT 20150609782 06/05/201 5 FOUND OCA Number cR20150966 OCA Number cR20150967 OCA Number cR201 50969 OCA Number cR20150970 Remove RMS Juris cA0197300 RMS Juris cAo197300 16:01 :52 14:43:'15 RMS Juris cAo197300 14:41 32 17:06:25 RMS Juris cAo197300 RMS Juris cAo't97300 17'.02:43 Dep 09:20:30 VPD Dispatch Enroute OnScene 06t05t2015 10:54:29 AT&T MOB|L|TY 800 635 6840 4 9O2T FRUITI.AND // DOWNEY, VERNON VPD CERDA.PAUL,JR *2L3 DUNBAR 4201 ROSS, VERNON CERDA,EUGENIO *2AB 09:24:06 T-MOBILE (877) 653-7 91 1 BANDINI BL // ATLANTIC BL. VERNON DOCHERTY,MICH *2L1 CERDA.PAUL.JR 2L3 J N S COLLECTIVE 3314 FRUITLAND AV. VERNON DeDutment VPD 09,24:29 09:35:51 DeDurlment VPD'10:56:01 '11:07'.24 DeDarlment VPD 14:22:44 14:37:54 14:38:13 14:43:12 DeDartment VPD 14:28:19 15:21:54 15:26:53 Deparlment VPD16:02:15 16:10:32 DeDartmen OCA NumbervPD cR20'150968 14:33:43 10:37:26 12:10:09 15:18:45 0610512015 14:18:30 9027 VPD VPD 06/05/2015 14:24:28 487R VPD VPD 06/05/2015 14:25:01 REPO VPD 06/05/2015 15:56:24 459VR VPD CERDA.EUGENIO CERDA.PAUL,JR -248 2L3 4841 E 49TH, VERNON RECORDS BURE/ -RECD T-MOBILE (877) 653-791 1 AYERS AV II26TH, VERNON DOCHERTY.MICH '2L1 16:02:15 06/06/2015 00:47:2(Page of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unil Times and Location with OCA's Jurisdiction' vERNoN First Date: 06/05/20'15 Last Date: 06/05/2015 Call Number Disp Ten Received Code Complaint Caller Address Officer Unit Time RPT VI 1015 06/05/2015 20'.02:32 20002R SANTA FE II 57TH, VERNON DeDarlmem OCA NumbervPD CR20150972 RMS Juris cA0197300 22:03:48 2'l:51:O3 VPD VASQUEZ.LUIS VPD SWINFORD.PHILI *1L12 20:35:07 1L1 1 20 04 42 20 05 40 20:39.'21 20:16:-12 06/0il2015 00:47:2(Page of VERNON POLICE DEPARTMENT Calt Log Report Type All [Init Times and Locotion with OCA's Jurisdiction' vERNoN Firsl Date: 06/06/2015 Last Date: 06106/20'15 Call Number Disp Ten Received Code Complaint Caller Address 4444 E 26TH. VERNON VPD DOCHERTY.MICH ,2L8 VPD REYNA,JOSE S VPD I.ANDA,RAFAEL 19OO E 25TH, VERNON VPD ESTRADA,IGNACI -1S1 VPD SWINFORD.PHILT 'IL1 VPD VETASQUEZ.RIC} 1L2 Unit Time DeD Oflicer LIni! Dispatch Ertroule Oascene Depa:rt A be Remoee Corno 20150609806 RpT 06/06/2015 16:04:38 CtTy 9027 DeDarlmeru OCA Number RMS JurisvPD cR20150973 cA0197300 16:08:24 .16:'12:03 16:08:40 16:12:01 16:0827 16:11:54 DeDartmeru OCA Number RMS lurisvPD cR20150974 cA0197300 21:14:55 21:'19:07 21'20:12 21:19:23 21:2O:OB 2L11 2L12 22:59:42 23:07.47 16:53:08 16:53:08 16:53:08 23:07:54 23:07:54 20150609824 RPT 06/06/2015 21"14"55 1015 PEDCK VPD HERNANDEZ,MIG 1L3 21 14.58 21:15:33 21:20:29 06/07/2015 01:09:5i Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type AA Unit Times and Location with OCA's Jurisdiction' vERNoN Firsl Dale: oato7l2o15 Last Date: o'lo7l2o15 Call Number Disp Ten Received Code Comolaint Caller Address 04 16:46 CARMELO 3770 E WASHINGTON BL. VERNON Enroute OnScene DeDartmeru OCA NumbervPD cR20150975 04:18:41 04:20:20 04:18:49 04:23:01 04:18:40 04:19:58 VS RPT 06107t2015 9017 RMS Juris cAo't97300 05:49:06 05:46:44 VPD VEI.ASQUEZ,RICI VPD SWINFORD.PHILl VPD HERNANDEZ.MIG *1L2 04:18:35 1 L1 04:1 8:38 1L3 04:18:36 06:40:16 06/08/2015 03:17:3t PaSe 1 of I VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's furisdiction' vERNoN First Date: 06/08/2015 Last Date: 06/08/2015 Call Number Disp Ten Code Caller Address Dep Officer Received Comolaint Unit Time Dispatch Enroute OnScene Depart Arrive Remove 20150609906 RPT 20150609925 RPT 20150609934 RPT 20150609935 RPT 20150609940 RPT 20150609953 1015 RPT 06/08/2015 08:38:00 PDO VPD 06/08/2015 12:34:16 459VR 06/08/2015 14.'26:43 487R 06/08/20'15 14:35:13 242R VPD VPD 06/08/20'15 17:45:54 459VR VPD DeDartmeru OCA NumbervPD cR20150977 08:38:31 RMS Juris cA0197300 RMS Juris cAo1 97300 cAo 1 97300 14:00:12 RMS Juris cAo197300 RMS Juris cAo't97300 15:25:21 RMS -Iuris cA0197300 RMS Juris cA0197300 23:17:17 02:39:18 S ATLANTIC BL // DISTRICT BL, VERNON RECORDS BURE/ -RECD MARIA DIAZ 4460 E 26TH. VERNON VPD GAYTAN.LORENz *2411 10:02:15 15:20'.12 15:28:21 '18:23:41 VPD VALENZUELA,FEl 3810 S SANTA FE AV, VERNON Department VPD VPD12:37:59 12:42:49 Deparlment VPD'14:27:39 14:30:57 DeDarlment VPD14:41:32 14:44j12 14:43:01 14:4622 Department VPD 17 47:18 17:51:25 DeDarlment VPD21:43:24 21:46:53 21 43:38 21:46:54 21:43:25 21:51:39 -2L12 OCA Number cR20150978 cR20150979 OCA Number cR20150980 OCA Namber cR20150981 OCA Number cR20150982 OCA Number cR20150983 06/08/201 5 925 VERIZON WIRELESS 8OO 451 5242 4 2034 E 48TH. VERNON LANDA.RAFAEL -2L8 GAYTAN.LORENZ 2411 RED POINT 2OO3 E VERNON AV. VERNON VALENZUEI-A,FEI -2L12 17:47:02 21:40:07 T-MOB1LE (877) 653-7911 MALBURG WAY//ALCOA, VERNON VPD HERNANDEZ,EDV *1L1 1 21:43:20 VPD HERNANDEZ,MIG 1L12 VPD MADRIGAL.M'ARII 1L8 21:43:22 06/09/2015 03:47:1i Page of 02:46:38 I VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's lurisdiction' vERNoN First Date: 06/0912015 Last Date: 06109/2015 Call Number Disp Ten Code Received Complaint Caller Address Unit Time 20rs0609966 06/09/2015 05:43:16 594 06/09/2015 07:43:11 TRAFFIC STOP VPD 06/09/2015 09:45:30 484R 06/09/2015 10:30:14 MR6O VPD SANTIAGO FRUITIAND AV // SOTO, VERNON DeDartment VPD 05:46:07 05:47:39 05:46:08 05:47:08 DeDartment VPD 09:48:02 09:52:50 09:53:06 09:57:26 VPD VPD VPD HERNANDEZ,EDV HERNANDEZ.MIG MADRIGAL,MARII *1L1 1 05:44:59 1L12 1L8 05:45:01 -24',t2 -2L',t1 2A.12 OCA Number cR20150984 OCA Number cR20150986 RMS Juris cAo1 97300 05:45:20 07:23:11 06:51 :38 RMS Juris cAo'197300 RMS Juris cAo197300 09:48:28 10:23:02 RMS Juris cAo197300 14:00.42 20150609969 CITE VI 20150609978 RPT 201s0609984 RPT 22ND // AI.AMEDA, VERNON DeDarlmeru OCA NumbervPD cR20150985 07:43:-11GAYTAN,LORENZ NEWTON,TODD GAYTAN.LORENZ THE HUNDREDS 3,I50 E 46TH, VERNON 08:25:49 '10:56:25VPD VPD SIMPLY FRESH FRUIT 4383 EXCHANGE AV. VERNON GAYTAN.LORENZ *2A12 10:35:05 Departmeru OCA NumbervPD CR2015098710:35:06 10:39:19 0il10/2015 04:55:5!Page of 1 VERNON POLICE DEPARTMEIYT Calt Log Report Type All Unil Times and Location with OCA's lurisdiction' vERNoN First Date: Last Dale: 06/10/2015 06/1 0/201 5 Call Number Disp Ten Code Caller Address Dep Oflicer Received Complaint Unit Time RPT CITE VI 20r s06l 0066 RPT 06|102015 17:48:19 9027 VPD DeDartment VPD 14:49:12 DeDarlment VPD 17:50:1 5 'l8:08: l4 OCA Number cR20150988 OCA Number cR201 50989 RMS Juris cA0197300 Remove Comp 15:13:30 18:48:29 Enroute OnScene Depart S SOTO // VERNON AV. VERNON VPD GAYTAN,LORENZ *2411 STEEL SERVICES 5637 S DISTRICT BL, VERNON CERDA.EUGENIO *24'.t2 201506r005s 06/11/2015 05:12:2!Page of 0611012015 14:49:12 TMFFIC STOP VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: 06t11t2015 Jurisdiclion' vERNoN Lqst Date: o6t11t2o1s Call Number Disp Ten Received Code Comolaint Caller Address Dep Oflicer Unit Time Unil Dispalch Enroute OnScene Deparl Arrive Remove Comp 20150610132 RPT 201s0610r37 C;TE 0611112015 19:40:44 VI RPT 1015 OOl11l20'15 18:22:59 J AND J SNACK FOODS 2OOO2R 5353 DOWNEY RD. VERNON VPD SOUSA.ROBERT( *5L26 18:33:32 Deparlmeru OCA Numbu RMS JurisvPD CM0150990 CA0197300 '18:34:04 TMFFIC STOP 3275 E VERNON AV, VERNON VPD HERRERA.GUSTI *1L8 VPD SWINFORD,PHIL] 1Ll ,I 19 40:49 19 46:59 20:51:43 20:23:23 06/12/2015 00:08:1t Page 1 of 1 VERNON POLICE DEPARTMEIYT Calt Log Report Type All (Init Times and Location with OCA's First Date: ool12t2o15 Last Date: od1a2o15Jurisdiction' vERNoN Call Number Disp Dep Oflic* Ilnil DisDalch E,rtoule (tnsc'\e DePart A ive Re'11"' Como 20150510158 1015 06112120'15 07:29:48 WARRANT 2601 SI.AUSON AV, HUNTINGTON PARK VPD CERDA,EUGENIO *2A12 07:32'.49 07:32:49 07:36:44 Deparlment VPD 16:09:16 16:45:07 16:12:15 16:20:31 09:31 :43 201506r0181 PACIFIC BL // FRUITI.AND AV, VERNON 18:'13:44 Ten Received Code Comolaint Caller Address STEVENSON.KEh CERDA.EUGENIO CERDA.PAUL.JR VPD VPD VPD -K92 ?412 2L1',\ RPT 10't5 VI 20150610188 RPT 't015 0611212015 16:09:16 TRAFFIC STOP 06112120'15 17:27:07 GTAR 0611212015 211 OCA Number cR201 50991 RMS Juris cA0197300 '18:12:'18 19:53:52 19:54:17 20:54'.04 19:55:36 RMS Juris cAo197300 20:35:46 21:54:01 21:18:35 20:28:38 20:09:40 CERDA.PAUL.JR ZOZAYA.OSCAR VALENZUEI.A,FEI ESTRADA.IGNACI CERDA.EUGENIO DOCHERTY.MICH 19:53:04 VPD VALENZUELA,FE] VPD VPD ZOZAYA.OSCAR VPD ESTRADA,IGNACI VPD DOCHERTY,MICH T-MOBTLE (877) 653-791 1 FRUITI.AND AV // PACIFIC BL, VERNON Deparlmeru OCA NumbervPD cR20150992 17:32:16 '19:40:01 20:36:05 '19:28:06 17:3208 17:32:30 Deparlmeru OCA NumbervPD cR20150993 19:58:29 20:04:49 20:O5:24 19:56:45 19:55:39 TADIN 3345 E SI.AUSON AV. VERNON VPD VPD VPD VPD VPD VPD *2L11 1L2 113 151 2A12 2L8 '1 L3 1L'l 1L2 151 2L8 17.'29:23 19:19:09 17:30:06 '17:29:25 19:54:08 19:54:12 19:54'.20 23:36:31 06/13/2015 02:03:23 Page lof VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction' vERNoN First Date: 06/1312015 LastDate: 06,l'13120'l.5 Call Number Disp Ten Code Received Comolaint Caller Address Unit Time 20ts06t02tt RPT 0611312015 09:36:51 GTAR VPD 06113120'15 1 1 :10:55 REC 20150610220RpT 0611312015 14:20:52 9017 E 46TH // SOTO, VERNON CERDA,PAUL.JR '2L8 S SOTO // FRUITIIND AV, VERNON DeDarlmeru OCA NumbervPD cR20150995 1 1 :1 3:08 1 1 :1 3:01 '11:19:27 11:27:40 11:24:'17 Deqarlment OCA NumbervPD CR20150996 14:28:38 14:55:33 14:.47:37 14:28:34 VPD VPD VPD VPD VPD VPD VPD VPD VPD CERDA.PAUL.JR DOCHERry.MICH STEVENSON.KEN NEWTON,TODD STEVENSON,KET\ REYNA,JOSE S REYNA,JOSE S NEWTON,TODD T-MOBTLE (877) 6s3-791 1 3810 S SANTA FE AV. VERNON -218 2L1',l 2L12 K92 M1 *Kg2 2L11 2L12 M,I 11:'|.1.'22 1 1 :1 3:01 '11:18:32 'l'l:'11:25 10:34:01 14:48:06 15:07:37 15:O7:37 DeDartment VPD 09:37:23 OCA Number cR20150994 RMS Juris cAo197300 RMS Juris cA0197300 12:41:46 14:47:32 12:41:50 12:13:51 RMS Juris cAo197300 14:57:16 "14:55:35 '14:25:21 14:25:24 06/1/U2015 01:35:0t Page of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction' vERNoN First Date: Last Dale: 0611412015 06t1412015 Call Number Disp Ten Received Code Complaint Caller Address Unit Time 20150610273 RPT 20r506r0283 CITE VI WARRANT VPD 0611412015 17:16:59 166R VPD 1311 65TH PL. LOSANGELES VALENZUELA,FEI -2W8 BON APPETIT 4820 E sOTH, VERNON ZOZAYA.OSCAR Dispatch Enroute OnScene -2L11 17:19:53 08:45:03 DeDurlment VPD 17:20'.29 17:33:06 Arilve OCA Number cR20150997 0611412015 2'l:29:51 TRAFFIC STOP SOTO // SLAUSON, VERNON Deoartment VPD 21:29:52 21:29:54 21:33:36 OCA Number cR2o150998 VPD MADRIGAL.MARII VPD HERNANDEZ.EDV *1L11 1L12 06/15/2015 (M:56:5t Page VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: 0615/2015 Last Date: 06/15/2015Jurisdiction' vERNoN Call Number Disp Ten Code Received Comolaint Caller Address Unit Time 20rs06r0298 1015 RPT 20rs06l 031 I CITE VI 20rs0610315 RPT 20150610336 RPT 201s0610338 06l'1512015 01:28:49 PEDCK 0611512015 07:48:41 TRAFFIC STOP 0611512015 09:02:01 9017 0611512015 12:28:07 9027 OOl15l2O15 12:49:42 GTAR VPD 4641 PACIFIC BL. VERNON VPD VPD VPD VPD VELASQUEZ,RICT HERNANDEZ,MIG MADRIGAL,MARII HERNANDEZ,EDV '1 L9 1110 111'l 1L'12 O'l:28:52 EXCHANGE AV // DOWNEY RD. VERNON Enroute OnScene Deoart DeDarlmeru OCA NumbervPD cR20150999 09:03:2'l O1'.28:49 t 01'.52:25 ; 01:52:28 01:29:55 DeDartmeru OCA NumbervPD cR20151000 07:48:41 Deqartmeru OCA NumbervPD cR20151001 09:08:03 09:04:17 09:17:09 09:08:00 AT&T MOBILITY 800 635 6840 3555 ROSS. VERNON Department VPD '12:29:58 12:39:44 12:46:56 '12:54:.49 OCA Number cR20151003 Remove RMS Juris cAo1 97300 02:07:38 02.07:49 02:07:51 RMS Juris cAo197300 RMS Juris cA0197300 09:31:10 RMS Juris cAo197300 RMS Juris cA0197300 01'.47:49 01 :47:56 01:28:52 03:16:03 08:'18:20 09:33:04 09:33:05 09:33:05 13:20:40 13:20:40 13'.44:48 VPD GAYTAN,LORENZ -2411 SPRtNT 866-398-3284 5215 S BOYLE AV, VERNON VPD VPD VPD VPD GAYTAN,LORENZ VALENZUEI.A.FEl ZOZAYA,OSCAR NEWTON,TODD *zA',t',l 2L10 2L9 M1 VPD VPD ZOZAYA.OSCAR RAMOS.JOSE *2L9 2L12 MIGUEL MALDONADO S SANTA FE AV // VERNON AV, VERNON Departmeru OCA NumbervPD cR20151004 '12:53:02 06/16/2015 05:23:2t OUINONES.ANA -2STOF Page 21of VERNON POLICE DEPARTMENT Call Log Report Type AA Unit Times and Location with OCA's First Date: o6t1sl2o15 furisdiction' vERNoN Last Date: o6t'tst2o15 Call Number Disp Ten Received Code Complaint Caller Address Dep Oflicer Unit Time Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 201s0610338 RPT 2015061034r RPT 20150610351 RPT 0O|1512015 13:0'l:14 CAL yORK 484R 2459 E VERNON AV. VERNON VPD VAIENZUELA.FEI *2L10 13:02:45 VPD GAYTAN,LORENZ 2A.1'I 0611512015 13:39:54 VERTZON WTRELESS BOO 451 5242 4 901 3615 E VERNON AV. VERNON DeDartmeru OCA Number RMS JurisvPD CR20151002 cA0197300 13:05:54 13:09:02 13:12:37 13:22:36 DeDarlmeru OCA Number RMS JurisvPD CR20151005 CA0197300 14:13:15 14:13:17 13:46:34 16:20:22 13:25: 10 '14:14'.48 17:00:53 01:'10:15 23:52:32 VPD RAMOS.JOSE VPD GAYTAN.LORENZ 2411 VPD VALENZUEI.A.FEI 2L1O *2L'12 13:40:09 13:40:48 13:42:37 13:41:14 13.42:42 13:40:44 13:42:10 2Lg 13:40:11 13:40:46 13:46:32VPD ZOZAYA.OSCAR OOI'1U2fi15 16:09:19 LA L;FT 4368 BANDINI BL. VERNON Deparlmen OCA Number RMS JurisvPD CR20't51006 cA0197300 VPD RAMOS.JOSE VPD ZOZAYA.OSCAR *2L12 2L9 16:16:39 16:20:27 16:26:53 20rs0610369 1015 OOl15l2O15 22:17:27 vt ILLDPG RPT 20150610370 REpO 0611512015 22:53:31 5335 S DISTRICT BL, VERNON VPD HERNANDEZ.MIG *1z.8 VPD VEI.ASQUEZ.RICI 1111 VPD HERNANDEZ,EDV ,IL8 VPD RODRIGUEZ,FER 1S1 4201 MAYWOODAV. VERNON VPD RECORDS BURE/ -RECD DeDortmeru OCA Number RMS JurisvPD CR20151008 CA0197300 22:17:28 22:17:36 22:22:22 22:17:44 22:22'.23 22:28:48 00:46:00 01:02:39 01:02:45 DeDarlmeru OCA Number RMS JurisvPD CR20'151007 CA0197300 22:59:38 06/16/2015 05:23:24 Page 2 of 2 REPO RECEIVED JUN 2 'l 20t5RECEN\/ED JUN 3 0 2015 CITY CLERK'S OFFICE CITY ADMINISTR STAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: TO: FROM: June 10,2015 Honorable Mayor and City Council ^)Samuel Kevin Wilson, Director of hrblic Works, Watcr & Development Services Deparfinent rt\ Originator: Alfonso Hernande2, Permit Technician MONTITLY BTIILDING DEPARTMENT REPORTRE Enclosed herewith is the Monthly Building Report for the month of March 2015. Thank you. City of Vernon Building Department Monthly Report from3l1l2O15 to 3/31/2015 March 2015 Type Value # of Permits Commercial- Remodel Demolition Electrical lndustrial- Remodel Mechanical Miscellaneous Plumbing Roof $30,000.00 $122,000.00 $656,858.00 $594,200.00 $'139,900.00 $492,800.00 $197,1 00.00 $24,000.00 1 2 33 11 8 23 12 I March 2015 TOTALS PERMITS: PREVIOUS MONTHS TOTAL YEAR TO DATE TOTAL March 2014 TOTALS PERMITS: PREVIOUS MONTHS TOTAL PRIOR YEAR TO DATE TOTAL $2,256,8s8.00 $1,654,958.00 $12,057,668.00 $17,463,1 1 1 .00 $10,304.010.00 91 59 228 71 100 $27,767,121.00 171 SamIel{(evin Wilson Director of Public Works, Water & Development Services Permit No.Project Address Tenant City of Vernon Building Department Major Projects lrom3l'112015 to 3/31/2015 Valuations > 20,000 Description Job Value Commercial- Remodel B-2015-0048 3810 SANTA FE AVE APN 6302019019 Record(s) Bank of America Addition of ATM machines, entrance door 1 new restroom 800-090-549 $30,000.00 $30,000.00 Demolition B-2015-0078 4490 AYERS AVE APN Record(s) Remove 49,000 sq. ft. of building. Onsite asphalt to be pulverized and left in place. $1 19,000.00 $119,000.00 !ndustrial- Remodel 8-2015-0103 1980 25TH ST APN 6302009017 8-2015-01 13 3425 VERNON AVE APN 6303007026 B-2015-0182 4533 PACIFIC BLVD APN 6308008025 Record(s) Monique Lhuillier Construct new office inside existing building Remove old equipment, remove unused piping & conduit, remove non-bearing partition walls. Remove and build partition walls. New ladies room. Relocate doors. Remodel kitchen area. Add shelving and accessible cabinetry. $51,000.00 $367,200 00 $100,000.00 $518,200.00 Miscellaneous B-2015-0029 B-201 5-0038 B-201 5-0039 B-2015-0040 3840 APN 26TH ST 51 92030001 2522 37TH ST APN 6302020038 2528 37TH ST APN 6302020038 3375 FRUITLAND AVE APN 6303027900 Command Packaging A'S Match Ranco Foods City of Vernon Fill in portion of loading docks and construct a concrete equipment slab. 800-090-528 Repair (1) exisiting glue-lam beam and (2) broker purlins B00-090-538 Reinforce (E) Beams & Purlins B00-090-539 Brick repairs to fire station #1 800-090-540 $25,000.00 $20,000 00 $30,000 00 $38,900.00 Permit No.Project Address Description Job Value B-2015-0056 B-2015-0146 8-2015-0152 B-2015-0161 B-2015-0162 8.2015-0177 B-2015-0180 B00-090-0492 2319 27TH ST APN 4333 BANDINI BLVD APN 5243019013 5OOO PACIFIC BLVD APN 6308003901 4309 FRUITLAND AVE APN 6304023010 4309 FRUITLAND AVE APN 6304023010 5970 ALCOA AVE APN 6310027039 2311 4BTH ST APN 6308014027 T-Mobile Clorox Whole Foods General Mills Corp. General Mills Co. Core-Mark lnternatio lnstall (3) new antennas, install (3) new RRU's, Relocate (3)existing antennas, Paint to match 800-090-557 lnstallation of new tank pad Adding pre-fabricated insulated exterior wall panels, doors floor insulation Demo of man lifts and fill hole Asbestos - a complete manifest shall be submitted to the city prior to final insp. Roof mounted supply/return air duct supports and ducts Demo of existing foundation and replacement with new foundation for refrigerated space. Filed with B-2015-0179 New stairs outside. $20,000 00 $25,000.00 $1 ,059,121 .00 $180,000.00 $20,000.00 $30,000.00 $150,000.00 $60,000.00 $1,658,021.0012 3049 Vernon Ave. APN 6303005030 Record(s) Farmer Johns Roof 8.2015-0044 1 2639 SOTO ST APN 6302001016 Record(s) Re-roof a portion of the roof 800-090-544 $24,000.00 $24,000.00 18 Permit(s)TotalValuation:$2,349,221.00 Director of Public Works, Water & Development Services Tenant City of Vernon Building Department New Buildings Report - March 2015 No New Buildings Director of Public Works, Water, & Development Services City of Vernon Building Department Demolition Report - March 2015 L and D Real Estate Holdings LLC. 2651 45th St. Inside Redevelopment Area 16,236 Sq. Ft. 4490 Ayers Ave. LLC 2800 Ayers Ave. Inside Redevelopment Area 49,000 Sq. Ft. Works, Water, & Development Services CITY OF VERNON BUILDING DEPARTMENT STATUS OF CERTIFICATES OF OCCUPANCY REQUESTS MONTH OF MARCH 2015 REQUEST FOR INSPECTION APPROVED PENDING TEMPORARY OCCUPANCIES 27 32 212 21 Works, Water & Development Services 511912015 City of Vernon Certificate of Occupancy Applications Date From 31112015 to 3/31/2015 lssued Permit No. Proiect Address Tenant Description Fees Paid Square Feet Certificate of Occupancy C-2015-OOO1 4871 SANTA FE AVE APN 63080'15044 c-2015-0067 2300 49TH ST APN 6308015022 c-2015-0069 4395 AYERS AVE APN 6304001009 c-2015-0071 5455BOYLEAVE APN 6310010014 C-2015-0072 49OO SANTA FE AVE APN 6308011009 c-2015-0073 4401 SOTO ST APN 6308001018 Protective lndustries lnc. dba Factory to mold $689 00 19000 Evergreen Scientific plastic labware BTJ Wholesales Wholesale of $300.00 2500 produce Axex lnc.Warehouse and $689.00 32280 distribution of general merchandise RGGD lnc. dba Crystal Art Storage of wall $815 00 50923 Gallery decor products Fred 26 lmporters lnc General merchandise B. Boston and Associates lnc Garment manufacturing $81s.00 83327 C-2015-0002 2550 SOTO ST 26 California Bazaar Warehouse general $940.00 120000 APN Wholesale merchandise C-2015-0026 2021 49TH ST lnternationalMarine Wholesale $689.00 28337 APN Products fresh/frozen seafood C-2015-0028 3232 WASHINGTON BLVD Softree lnc. Warehousing $0.00 45000 APN 5169023038 garments and accessorles C-2015-0049 2727 46THST Grayn Company Dead storage $689.00 6200 APN 6308001024 C-2015-0060 5001 SANTA FE AVE Creative Denim Resources, Sewing factory and $689.00 7500 APN 6308015009 lnc. office C-2015-0061 2829 SANTA FE AVE United LC CapitalLLC Warehouse and $689.00 22112 APN 6302006025 distribution of women's clothing & accessones C-2015-0062 4641 PACIFIC BLVD YC Cutting Service lnc. Clothing cutting $1,378.00 10000 APN 6308009027 seryrces C-2015-0063 2288E 49TH ST Protective lndustries lnc. dba Warehousing plastic $689.00 27000 APN 6308015044 Evergreen Scientific C-2015-0064 2254 49TH ST Protective lndustries lnc. dba Warehousing plastic $689 00 43000 APN 6308015020 Evergreen Scientific C-2015-0065 2248 49TH ST Protective lndustries lnc. dba Warehouse plastic $689.00 13800 APN 6308015020 Evergreen Scientific C-2015-0066 2242 49fH ST Protective lndustries lnc. dba Warehouse plastic $689.00 16800 APN 6308015020 Evergreen Scientific C-2015-0070 2882 54TH ST Zona Libre USA, lnc Warehousing $689.00 5375 APN 6310010007 clothing $689 00 30000 C-2015-0074 2675 SANTA FE AVE Rose & Co. Studio LLC. Office Use/Sample $300.00 1500 APN 6302008017 Designs C-2015-0004 6095 MALBURG WAY Overseas Food Distribution Warehousing of $689.00 26461 APN 6310027043 LLC. dba Golchin Food ' .C-2015-0025 2809 44TH ST US Starforce lnc. Office use $300 00 300 APN 63030'13042 C-20'15-0027 4601 SOTO ST A Active Freezone Cargo, Warehousrng of $300 00 1500 APN 6308002014 lnc Textiles C-2015-0059 5524 ALCOA AVE K&K Lifestylewear LLC dba Office Use/Design $300 00 2500 APN 6310002027 KoralActivewear Area C-2015-0068 2962 54TH ST American Technologies, lnc Warehousing $300.00 36375 APN 6310010012 C-2015-0024 5761 ANDERSON ST Art Plus U.S.A, lnc. Manufacturing of $689.00 7850 APN 6308019036 Garments/Silk Screening 27 Record(s) Total for Certificate of Occupancy: $15,394.00 639640 Total Fees $'15,394.0027 Permits(s) 2 City of Vernon Description Fees Paid Square Feet Permit Listing Report (Grouped by Permit Type) lssued Date From 310112015 to 3/31 12015 lssued Permit No. Project Address Tenant O3lO5l2O15 COO-003-186 5164-66 Alcoa Ave Selectra lndustries APN 6310-002-036 O3lO5l2O15 C-2015-0006 5899 Downey Rd. Organize Ventures lnc. APN 6310-004-014 Certificate of Occupancy 03/05/2015 COO-003-737 2250 52nd St APN 0310512015 COO-003-185 5148 Alcoa Ave APN 6310-002-019 0310512015 coo-003-520 2211 27thsl APN 6302-008-025 03/05/201s COO-003-620 4901 BoyleAve APN 6303-024-020 03/05/2015 COO-003-621 4535 48th Sr APN 6304-019-010 - 03t11t2015 COO-003492 2929 54th Sr APN 6310-010-012 Husk's Green Technology T And T Foods, lnc Dba Colonel Lee Enterprise Warehousing of meats Star Watches, LLC Warehousing of furniture Action Display Solutions, lnc. Selectra lndustries Office use Manufacturing of garments Manufacturing of garments Warehousing of empty plastics. Office use Manufacturing of fabric paint Offlce use/Garment design Contractor's yard Manufacturing of motor cases $689.00 4,000 $200 00 5,100 $215 00 45,900 $1,630 00 69,428 $200.00 200 $525 00 7s.000 $210 00 1 1,134 03/05/2015 COO-003-656 3828 Santa Fe Ave Lumi Co, Llc APN 6302-018-014 03t11t201s coo-003-662 2516 49th St Spam LLC Dba Ever APN 6308-010-037 0311112015 COO-003-739 3032 Bandini Blvd Ramona lnc APN 6303-006-033 $420.00 1 1,500 $200 00 7,500 $300 00 1,100 $200 00 200Aerojel Rocketdyne lnc lssued Permit No. Project Address Tenant Description Fees Paid Square Feet 0311112015 COO-003-763 3620 Santa FeAve Anma, lnc. APN 6302-005-014 0311112015 COO-003S94 4901 Boyle Ave APN 6303-024-020 03t11t2015 CoO-003-726 2848 54th St APN 6310-010-007 03112,2015 COO-003-772 2936 46th St APN 6303-022-010 o3t12t2015 COO-003-794 2727 46tnst APN 6308-00'l-024 0311212015 COO-003S57 4901 Boyle Ave APN 6303-024-020 O3|1Z2O15 COO-003640 3301 Leonis Blvd APN 6303-019-012 0311212015 COO-003-594 3301 Saco St APN 6302-010-003 0311912015 COO-003-301 3009 44th St APN 6303-012-040 0311912015 COO-003-377 2650 Leonis Blvd APN 6308-003-009 0312312015 C-2015-0055 2833 Leonis Blvd APN 6303-022-004 0312312015 C-2015-0058 2833 Leonis Blvd APN 6303-022-004 Del Rey Meat & Seafood lnc Tavares Cutting, lnc. l.T. Daniel Aluminum Architecture, lnc. Vazquez Foods, lnc Spirit Clothing lnc Dba Spirit Activewear DC Freight LLC JMJApparel, lnc DaAClothinglnc. Hawon Corporation, dba SJ Textile Warehousing of meat producr/cooler $200.00 Ofiice use (see C-20'15-0009) Warehousing of meats Manufacturing of garments/cutting Office use (See C-2015-0018) Manufacturing of door frames Manufacturing of garments Office use Manufacturing of garments Office use Office use $300 00 $200 00 4,000 $689 00 $300 00 $689.00 10,000 4,200 $365 00 42,350 s250 00 20,000 $400 00 $41 0 00 200 8 000 200 Coastal Closeouts lnc, Dba West Coast Rags Warehousing of garments 400 $300 00 $300.00 11,000 1,000 650 lssued Permit No. Project Address Tenant Description Fees Paid Square Feet o3t23t2015 coo-003-503 2845 26th st APN 5't69-031-014 o3123t2015 COO-003-273 3280 44th St APN 6303-016-004 o3t2312015 COO-003-296 4747 49th St APN 6304-016-003 03t23t2015 COo-003-671 2341 49th St APN 6308-01s-044 0312312015 COO-003-736 4553 Seville Ave APN 6308-005-009 Alpert & Alpert lron & Metal, lnc. Culinary Brands, lnc. Sabor Hispano LLC Marias Bikinis Swimwear Corp, Elecoco, lnc Dba Shinestar H&N Group lnc Putnam Accessory Group, lnc. 0312312015 COO-002-887 5212 Santa Fe Ave Roca Furniture APN 6308-016-041 0312612015 C-2015-0014 5580 Alameda St APN 6308-017-039 03t30t2015 coo-003-738 2050 37th st APN 6302-012-005 Warehousing of scrap metals s220 00 13,800 Food facility s355 00 41,000 Assembly warehousing to a manufacturer $400 00 4,000 Manufacturing of garments $280 00 25,590 Warehouse and manufacturing of garmenls $815 00 72,421 Manufacturing of furniture $400 00 1,300 73,216 5,000 \ /brehousing/Cold storage of seafood $300.00 Warehousing of Hats $300 00 Warehousing of Store Fixtures $400.00 9,000 Totals for Certificate of Occupancy: $1 2,662.00 578,389 03/30/2015 COO-003435 3193-97 Bandini Blvd Forever2l Logistics, Llc APN 6303-007-047 32 Record(s) 32 Permits Tota! Fees Paid: $12,662.00 RECE[VED JUN 2 'l 2015REGEII ED JUN 3 0 20ls CIIY CI.ERl('S OFFICE STAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT CITY ADMINISTRATI DATE: TO: FROM: June 10,2015 Honorable Mayor and City Council /r0) Samuel Kevin Wilson, Diiector of Public Works, Water & Development Serviccs Departnent Originator: Alfonso Hernande4 $..-r, Technician MONTHLY BI]ILDING DEPARTMENT REFORTRE Enclosed herewith is the Monthly Building Report tbr the month of April 2015. Thank you. City of Vernon Building Department Monthly Report lrom 41112015 to 4/30/2015 April2015 Type Value # of Permits Electrical Grading lndustrial- Remodel Mechanical Miscellaneous Plumbing Roof $514,400.00 $153,816.30 $260,000.00 $1,243,993.00 $1,383,411.00 $357,157.00 $239,291.00 22 3 6 15 14 10 2 April 201 5 TOTALS PERMITS: PREVIOUS MONTHS TOTAL YEAR TO DATE TOTAL April 201 4 TOTALS PERM ITS : PREVIOUS MONTHS TOTAL PRIOR YEAR TO DATE TOTAL $4,152,068.30 $3,995,364.00 72 164 $16,209,736.30 $4,834,727.00 $27,767,121.00 300 58 171 $32,601,848.00 229 Director of Public Works, Water & Development Services I Permit No. City of Vernon Building Department Major Projects from 41112015 to 413012015 Valuations > 20,000 Project Address Tenant Description Job Value Grading B-2015-0',|20 B00-090-123 2 5201 DISTRICT BLVD APN 6314001900 5119 District Blvd. APN 6314003007 Grading 60,707 Refer to 800-090-123 for LID Midigation Plan. Grading. $34,428.40 $77,148.00 Record(s) $111'576'40 lndustrial - Remodel 8,-2015-0042 B-201 5-0075 B-2015-0187 B-201 5-0250 4 4801 sOTH ST APN 6304013029 Sterigenics 3840 26TH ST APN 5192030001 2289 49TH ST Uniceft APN 6308015044 2831 SANTA FE AVE Love Culture APN 6302006025 New inteior heated aeration room 800-090-542 New cupola Construction of offices and misc improvements Create storage space in existing warehouse $125,000.00 $65,000.00 $35,000.00 $20,000.00 Record(s) $245'ooo'oo Miscellaneous P'-2015-0024 B-201 5-0057 B-201 5-0200 8,-2015-0213 8'-2015-0246 5 3239 46TH ST APN 6303016002 3737 SOTO ST APN 6302020044 2831 SANTA FEAVE APN 6302006025 5970 ALCOA AVE APN 6310027039 2425 3OTH ST APN 6302005012 Record(s) Metal lmprovement Co T-Mobile United LC Capital LL OFI Markesa Concrete pad foundations for (1) model DFO 3-36 and (2) Model DFO 4-32 dust collectors lnstall (3) new antennas, lnstall (3) new RRU's, Relocate (31)existing antennas, Paint to match 800-090-5s8 lnstalltion of storage pallet racks and garment racks -- sprinkler system design is 4513000 286 - single and double row racks - class lV commodity - 8' aisles or greater - smoke and heat removal provided - building access provided - storage area less than 12,000 square feet - storage height ok to 20' - Garment storage maximum storage hieght 6' from top of garment to floor New nitrogen storage tank, foundation, bollards & chain link fence enclosure. Garment Racks $150,000 00 $20,000.00 $29,000.00 $30,000.00 $29,740.00Everly $258,740.00 Permit No. Project Address Tenant Description Job Value Roof 8-2015-0285 3420 VERNON AVE APN 6303011047 Tear otf existing roof, install 2" of insulation, screw and plate base sheet and heat weld Certainteed GTA to bare sheet. $221,241 00 $836,557.40 Director of Public Works, Water & Development Services 12 Permit(s) 2 City of Vernon Building Department New Buildings Report - April 2015 No New Buildings Director of Public Works, Water, & Development Services City of Vemon Building Department Demolition Report - April 2015 MIC Investment Group Inc. 2615 Fruitland Ave. Inside Redevelopment Area 10,055 Sq. Ft. Director of Public Works, Water, & Development Services CITY OF VERNON BUILDING DEPARTMENT STATUS OF CERTIFICATES OF OCCUPANCY REQUESTS MONTH OF APRIL 2015 REQUEST FOR INSPECTION APPROVED PENDING TEMPORARY OCCUPANCIES 14 15 212 21 Director of Public Works, Water & Development Services 511912015 City of Vernon Certificate of Occupancy Applications Date From 41112015 to 413012015 lssued Permit No. Proiect Address Tenant Description Fees Paid Square Feet Certificate of Occupancy C-2015-0075 2345 38TH ST D&A Finishing APN 6303001008 C-2015-0078 1980 25TH ST Provision, lnc. APN 6302009017 C-2015-0081 4641 PACIFIC BLVD KP Clothing APN 6308009027 C-2015-0082 3090 50TH ST OGlCollection APN 6303029014 Finishing Clothing. $689 APN 6302014011 C-2015-0076 51'1 I HAMPTON ST Alexander Jeans, lnc Garment finishing $300 APN 6308010032 C-2015-0077 3't87 BANDINI BLVD RAJ Enterprise lnc Warehousing of $689 5200 2000 9729 201 00 6500 1 500 2000 1 300 137436 900 1 0400 1 6200 6000 general merchandise Clothing $689 manufacturing Clothing $689 Manufacturing Garment Design $1,378 6000 and Manufacturing C-2015-0083 2406 28TH ST District Denim, lnc. Garment $s00 APN 6302005004 Manufacturing C-2015-0085 2455 27f H ST lWS, lnc. DBA Concert by Wholesale and $300 APN 6302004025 Clare manufacturing of garments C-2015-0087 3032 BANDINI BLVD Badger Daylighting Corp. Contractors Yard $689 APN 6303006033 C-20'15-0084 3305 BANDINI BLVD Nature's Produce Warehousing of $940 APN 6303001005 Produce/Cooler & Freezer C-20'15-0079 2833 LEONIS BLVD Rehoboth Apparel, lnc. Office use $300 APN 630302200 C-2015-0080 2344 38TH ST Made ln House, lnc. Manufacturing of $300 APN 6302015009 Garments C-2015-0086 4420 PACIFIC BLVD DMC lnternational, lnc Dba Warehousing of $300 APN 6308007018 (DMC)Fashion Accessories C-2015-0088 2357 49TH ST JSWL lnc. Dba Max Manufacturing of $689 APN 6308015044 Garments/Cutting Tables 14 Record(s) Total for Certificate of Occupancy:$7,952.00 225,265.00 Total Fees Paid $7,952 0014 Permits(s) 511912015 City of Vernon Certificate of Occupancy lssued Date Frcm 41112015 to 4l3Ol2O15 lssued Permit No. Proiect Address Tenant Description Fees Paid Square Feet Cortificate of Occupancy 41612015 C-2015-0025 2809 44TH ST US Starforce lnc. Office use APN 6303013042 $300.00 300 416120'15 C-2O15-0027 4601 SOTO ST A Active Freezone Cargo, Warehousing of Textiles $300.00 1500 APN 6308002014 lnc. 41612015 C-2015-0046 4500 DISTRICT BLVD Karen's Designer, lnc. Manufacturing of Garments / 5689.00 45000 APN 6304019001 Cutting and Sewing 416120'15 C-20'15-0050 2825 SANTA FE AVE Bigger Farther Faster, lnc. Warehousing of Garments $689.00 47006 APN 6302006025 Dba RamP Logistics 41612015 COO-003-740 5010 LOMA VISTA AVE Commerce Logistic Warehousing of $689 00 45000 ApN 63001502.1 Center LLC garments and finishing 41612015 C-2015-0004 6095 MALBURG WAY Overseas Food Distribution Warehousing of Food $689 00 26461 APN 6310027043 LLC. dba Golchin 4t7t2015 C-2015-0011 2833 LEONIS BLVD. Barrington Trading lnc. Dba Office use $300 00 700 APN 6303022004 Weslern Gourmet Foods 411312015 COO-003-758 2675 Santa fe Ave. APN 6302008017 Rose & Co Studio, LLC Office Use/ $300.00 1500 Sample Designs 4113t2015 C-2015-OOOB 5720 2ND ST Edge Textile, lnc. Warehousing of Textiles $689 00 7895 APN 6308019032 4l13t2}'t' C-2015-0059 5524 ALCOA AVE K&K Lifestylewear LLC dba Office Use/Design Area $300.00 2500 APN 6310002027 Koral Activewea 411312015 C-201 5-0068 2962 54TH ST American Technologies, Warehousing APN 6310010012 lnc. 412412015 C-2015-0010 5510 SOTO ST Rspringa lnc. Dba APN 63'10015021 Groceries APParel 412712015 C-2015-0084 3305 BANDINI BLVD Nature's Produce APN 6303001005 Manufacturing of garments/cutting & sewing Warehousing of Produce/Cooler & Freezer $300.00 36375 s689 00 13000 $940 00 '137436 15 Record(s) Total for Certificate of Occupancy:$6,874.00 46,500.00 15 Permits(s)Total Fees Paid $6,874 00 RlF.e [=[vED JU;i 2 r' 2CI15 CITY ADMINISTRATION RECEIVED JUN 3 0 2015 CIIY CLERl('S OFFICE STAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERYI DEPARTMENT DATE: TO: FROM: June 16,2015 Honorable Mayor and City Council I Samuel Kevin Wilsor(#ircctor of Public Works, Water & Development Servicrcs Deparfinent Originator: Alfonso He.nan4efhermit Technician Cynthia Mireb$Permit Technician MONTHLY BTIILDING DEPARTMENT REPORTRE Enclosed herewith is the Monthly Building Report fbr the month of May 2015. Thank you. City of Vernon Building Department Monthly Report trom 51112015 to 5/31/2015 Type Value # of Permits Demolition Electrical lndustrial- Remodel Mechanical Miscellaneous Plumbing Roof $s7,100.00 $1,790,270.00 $385,000.00 $1 ,515,323.00 $578,300.00 $26,800.00 $2,000.00 4 9 3 6 10 5 1 May 2015 TOTALS PERMITS: PREVIOUS MONTHS TOTAL YEAR TO DATE TOTAL May 2014 TOTALS PERMITS: PREVIOUS MONTHS TOTAL PRIOR YEAR TO DATE TOTAL $4,354,793.00 $15,632,029.00 38 251 $19,986,822.00 $1 ,968,158.00 $32,591,848.00 289 57 277 $34,560,006.00 284 Director of Public Works, Water & Development Services Permit No.Proiect Address City of Vernon Building Department Major Projects trom 51112015 to 513112015 Valuations > 20,000 Tenant Description Job Value Demolition 8.2015-0257 1 2O3O ROSS ST APN 6302011016 Record(s) Demolition of one building (12,950 sq ft) & one shed (2,420 sq. ft ) $5'1,000.00 $51,000.00 Electrical 8-2015-0284 8,-2015-0210 B-20'15-0343 B-2015-0336 4 4O5O 26TH ST APN 5243021021 4460 PACIFIC BLVD APN 6308007019 2600 28TH ST APN 6302002033 2615 FRUITI.AND AVE APN 6308003014 Record(s) Rehric Pacific CO. FedEx Ground Sweet Rain lnc. install a 400 AMP feeder for a Co- lnjection machine. Replace burnt up service with new seryrce lnstall 40kw generator T.l. New lighting for existing warehouse $33,000.00 $1,600,000.00 $85,000.00 $41,770.00 $1,759,770.00 lndustrial - Remodel B-2015-0128 8-2015-0237 B-201 5-0306 3 5OOO PACIFIC BLVD APN 6308003901 4333 MAYWOOD AVE APN 6304021019 3251 26TH ST APN 5169033016 Record(s) Fresh Packing Corp Unicolor lnsulation, pallet racking and related structural for (5) ea. new banana rooms Demo 760 loading dock, slab removal and office walls for new dock (file w/ B- 2015-0232) Office addition and bathroom remodel $300,000.00 $20,000.00 $65,000.00 $385,000.00 Mechanical 8-2015-0294 B-2015-0296 800-090-208 8-2015-0322 8,-2015-0252 5 37OO 26TH ST APN 5192030004 2970 sOTH ST APN 6303029900 3840 26th St APN 5192030001 42OO ALAMEDA ST APN 6302017045 2311 48TH ST APN 6308014027 Record(s) Lamonica Pizza Dough Arctic Glacier USA Command Packaging lnstallations of fan coils, and condenser to the back of building lnstall two Ammonic lce Machines and One 400 HP Vilter Screw Compressor. Extruder- new equipment installation of 1 condenser and 2 evaporator coils for process room (Filed with B-201 5-01 92) lnstallation ol freezer, cooler & equipment $26,000.00 $439,323.00 $750,000.00 $50,000.00 $248,000.00 $1,513,323.00 Miscellaneous B-2015-0261 B-201s-0063 B-2015-0193 3411 26TH ST APN 5169034003 4423 FRUITI.AND AVE APN 6304026009 2825 SANTA FE AVE APN 6302006025 Re-paving & replacing asphalt with concrete Replace concrete slab B00-090-564 lnstallation of steel storage racks $230,000.00 $75,000.00 $119,000.00Ramp Logistics 3840 26TH ST New extruder double tower $90,000 008-2015-0267 4 APN 5192030001 Packaging Record(s) $514,000.00 TotalValuation:$4,223,093.00 Director of Publc Works, Water & Development Services 2 City of Vernon Building Department New Buildings Report - May 2015 No New Buildings Director of Public Works, Water & Development Services City of Vernon Building Department Demolition Report - May 2015 Metro Tract LLC 2030 Ross St. lnside Redevelopment Area 15,370 Sq. Ft. Justin Realty Partners 3032 Bandini Blvd. lnside Redevelopment Area 800 Sq. Ft. KBL Properties LTD 2640 26rh St. lnside Redevelopment Area 3,000 Sq. Ft. Frank TR Mchugh 5041 Santa Fe Ave. lnside Redevelopment Area 9,174 Sq. Ft. Director of Public Works, Water & Development Services City of Vernon Building Department Status of Certificates of Occupancy Requests Month of May 2015 Request for lnspection Approved Pending Temporary Occupancies 24 19 217 5 Director of Public Works, Water & Development Services rmit City of Vernon Certificate of Occupancy Applications Date From 5l'112015 to 5/31/2015 No. ProiectAddress Tenant Description Fees Paid Square Feet Certificate of Occupancy C-201 5-0089 5704 SANTA FE AVE PG-R Designer Wear lnc., Garment Decoration $300.00 1250 APN 6309007011 dba CC Trims Embellishing C-2015-0090 4425 SOTO ST Master Holding Sewing and silk screen $689.00 1 1850 APN 6308001020 Printing C-20'15-0091 2191 ANDERSON ST MTK Cutting Service, lnc. Cutting Service $300.00 7492 APN 6308019037 C-2015-0092 4903 EVERETT CT Unique Designs Wood display $689.00 13000 APN 6304026005 manufacturer C-2015-0093 31 83 BANDINI BLVD Styles West, lnc. \iVholesale of general $300.00 27200 APN 6303001008 merchandise/fashion accessones C-2015-0094 3187 BANDINI BLVD Styles West, lnc. Wholesale of general $0.00 1860 APN 6303001008 merchandise/fashion accessories (Filed w/ C- 201 5-0093) C-2015-0095 3700 SANTA FE AVE BJ21 Textile, lnc lmport finished garment $689.00 6970 APN 6302019028 producls and distribute. C-2015-0096 2652 45TH ST Urban Trends Collection lmporUwholesale of $940.00 1 '17000 APN home decor and accessofles C-2015-0097 2930 44TH ST Flores Design Fine Furniture Accessory Warehouse to $1 ,378.00 34025 APN 6303014013 lnc. a Manufacturer C-2015-0098 4900 SOTO ST SRS Real Estate Ofiice Use $300 00 500 APN 6303023008 C-2015-0099 5455 BOYLE AVE California Global T's Co. Warehousing clothes $689.00 '15000 APN 6310010014 C-2015-0'100 3375 FRUITLAND AVE VEFD001 Fire Station (LA- LTE communication $300.00 10 APN 6303027900 RICS) towerforfirst responders in LA county. C-2015-010'l 3870 SEVILLE AVE Good Year Tire & Rubber Tire Distribution $300.00 51780 APN 6302020047 Co. DBA DapperTire C-2015-0102 2213 27THST CCTMI, LLC Unmanned $300.00 625 APN 6302008025 telecommunication cell tower C-2015-0103 3620 SANTA FE AVE XP/Appleseed Sewing manufacturing $689.00 5500 APN 6302005014 C-2015-0104 6250 BOYLE AVE Cenveo Corporation General office and $8'15.00 87851 APN 6310027022 printed paper products C-2015-0105 4593 49TH ST Farm Fresh Produce, LLC Produce wholesale $689.00 10920 APN 6304018023 C-2015-0106 5008 BOYLE AVE La Moda 101, lnc. garment manufacturer $3OO.OO 25OO APN 6303028015 C-2015-0107 4405 FRUITLAND AVE \Mole Food Trading Co. Food storage and $689 OO 21OOO APN 6304026017 distribution C-2015-0108 4461 SANTA FE AVE I Love J Apparel, lnc. Garment manufacturing $689 0O IOOOO APN 6308012016 C-20'15-0109 2E00 SOTO ST VEFD003 Fire Station (LA- LTE communication $300.00 10 APN 6303004801 RICS) tower for first responders throughout LA county C-2015-0110 4627 52ND DR Vernon Village Park l\4ultifamily housrng $0.00 12528 APN Apartments 4627 52nd aparlments Drive C-2015-0i11 4653 52NDDR Vernon Village Park l\,4ultifamily housing $000 7176 APN 6314002901 Apartments 4653 52nd Drive aparlments C-2015-O112 4611 52NDDR Vernon Village Park Community $000 5899 APN 6314002901 Aparlments Center/lllultifamily housing aparlmenls 24 Record(s) Total for Certificate of Occupancy: $11,345.00 45'l,946.00 24 Pormits(s) Total Fees Paid $11'345 00 2 City of Vernon Certificate of Occupancy lssued Date From 51112015 to 5/31/2015 lssued Permit No. Proiect Address Tenant Description Fees Paid Square Feet Certifi cate of Occupancy 5t5t2015 COO-002-743 3736 26TH ST Unicorn Distr., lnc. Modernica Dos Marking and Grading lnc. Shark Eyes, lnc. Monique Lhuiller, lnc Nooree Fancy, lnc. Malibu Threads Cerchico and Son, lnc. Dba B&B Tank and Trailer E.B. Bradley, Co. Tex-Ellent, lnc. Dba Paramount Textiles Standard Rehoboth Apparel, lnc. Made ln House, lnc. SK Machines, lnc. dba CTD Machines Morgan Fabrics Corporation Dba Michael Jon Designs Art Plus U.S.A, lnc. JSWL lnc. Dba Max DMC lnternational, lnc. Dba (DMC) 51512015 5t5t2015 51512015 51512015 5t5t2015 5t512015 511512015 5t15t2015 5t15t2015 5t15t2015 511512015 5115t2015 5115t2015 511512015 5t15t2015 5116t2015 APN 5192030004 coo-003-321 2881 SACO ST APN 6302009037 coo-003-730 3130 LEONTS BLVD. APN 6303025009 coo-003-743 2110 25TH ST APN 6302009020 c-2015-0031 4533 PAC|F|C BLVD APN 6308008025 c-2015-0033 4827 49TH ST APN 6304014003 c-2015-0057 5215 BOYLE AVE APN 6310009021 coo-003499 4317 DOWNEY RD APN 6303010039 coo-003-593 5602 BTCKETT ST APN 6310014024 coo-003-078 2750 ALAMEDA ST APN 6302009035 c-2015-0079 2833 LEONTS BLVD. APN 6303022004 c-2015-0080 2344 38TH ST APN 6302015009 c-2015-0036 2382 48TH ST APN 6308015043 c-2015-0051 4201 CHARTER ST APN 6304021015 c-2015-0024 5761 ANDERSON ST APN 6308019036 c-2015-0088 2357 49TH ST APN 6308015044 c-2015-0086 4420 PAC|F|C BLVD APN 6308007018 Warehouse General Material Warehousing of Furniture and Accessories Office Use Distribution of eyewear. Manufacturing of Garments Warehousing of General Merchandise Offlce use Tanker fabrication and reparr. Warehouse cabinetry fixtures. Warehousing of Fabric Office use Manufacturing of Garments Machine shop Warehousing of Fabrics Manufacturing of Garments/Silk Screening Manufacturing of Garments/Cutting Tables Warehousing of Fashion Accessories $210.00 $200 00 $300.00 $689.00 $689.00 $689.00 $300.00 $0.00 $430.00 $940.00 $300.00 $300.00 $689.00 $689.00 $689.00 $689.00 $300 00 11286 8000 22044 44974 1 5584 2900 8000 55163 900 1 0400 29056 28000 7850 6000 16200 700 63840 5t21t2015 5t21t2015 19 c-2015-0087 c-2015-0016 Record(s) 3032 BANDINI BLVD APN 6303006033 4224 DISTRICT BLVD APN 6304027015 Badger Daylighting corp. E N K Apparel, lnc. Contractois Yard Manufacturing of Garments/Silk Screening $689 00 $689 00 Total for Certificate of Occupancy:342,197.00 Total Fees $9,481 00 '19 Rtrr:rEil\igD STAFF REPORT REGEIVED JUL 0l 2Cl5 CITY ADMINISTRATION CITY CLEliii'S UFFICE TO: FROM: RE: Finance Department Honorable Mayor and City Council William Fox, Finance Directo , olV"f Approval of Resolution for Termination of Interest Rate Swap Agreements Recommendation It is recommended to the City Council: A. Find that approval of the resolution to terminate the two interest rate swap contracts entered into December 2004 is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is therefore not a "project" as defined by Califomia Environmental Quality Act ("CEQA") Guidelines section 15378 and not subject to CEQA review. Furthermore, even if it were a project, it would be exempt under 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. Approve the resolution for the termination of the two outstanding 2004 irterest rate swap agreements with Morgan Stanley Capital Services LLC (Morgan Stanley) and Deutsche Bank AG (Deutsche Bank). The swap agreements are being terminated in conjunction with the issuance of 2015 Electric System Revenue Taxable Series A Bonds in the par amount of $110.3 million. A portion of the 2015 Electric System Revenue Taxable Series A Bonds proceeds will finance the costs of terminating the two existing interest rate swap agreements. Backsround - On June 16, 2015, the City Council approved a resolution for the issuance of 2015 Electric System Revenue Taxable Series A Bonds in the par amount of $l10.3 million to provide funds to (a) refund a portion of the City's outstanding 2009 Series A Electric System Revenue Bonds, (b) finance costs of terminating two existing swap agreements by reimbursement of certain capital improvements from the electric system previously paid from the Light & Power Fund, (c) fund a deposit to the Debt Service Reserve Fund, and (d) pay cost of issuance of the 2015 Series Bonds. DATE:JuIy 7,2015 In order to accomplish the termination of the two existing interest rate swap agreements, the City's Financial Advisors, PFM, and Bond Counsel, Orrick, Herrington & Sutcliffe entered into negotiations with Morgan Stanley and Deutsche Bank to terminate the two interest rate swap agreements. An important aspect of the termination of the two interest rate swap agreements is that newly enacted mandated regulatory compliance reporting requirements are required to be incorporated into the termination contracts that previously did not exist in 2004 when the interest rate swap agreements were originally entered into. The interest rate swap agreements are subject to Federal reporting following the guidelines established by The Dodd-Frank Wall Street Reform and Consumer Protection Act, commonly referred to as simply "Dodd-Frank". Dodd Frank was enacted to lower risk in various parts of the United States financial system and to prevent the recurrence of events that caused the 2008 financial crisis. The interest rate swap agreement with Deutsche Bank has additional regulatory reporting requirements under the European Market lnfrastructure Regulation (EMIR). The EMIR is a European Union regulation designed to increase the stability of the derivative markets throughout the European countries. As of July 1,2015, the market value of the Morgan Stanley swap agreement is 522.7 million and the Deutsche Bank swap agreement is $13.2 million, for a total of $35.9 million. The termination of the two agreements will result in mitigating interest rate volatility and provide more predictability in the City's financial structure. The market value of the agreements changes daily with market interest rates. Thus, the actual market value will not be known until the closing. However, the final expected payoff amount is not expected to significantly change between now and the scheduled closing date of July 21,2015. Council Policv Consideration This requested action supports the prior action taken by City Council on June 16,2015 with the approval of the issuance of 2015 Electric System Revenue Taxable Series A Bonds in the par amount of $110.3 million. A key component of that approval of the bond refunding was to terminate the two existing interest rate swap agreements. Fiscal Impact The retirement of the two existing interest rate swap agreements is one element of the issuance of the $110.3 million 2015 Series A bond refunding transaction. As previously reported on June 16, 2015, the forecasted reduction in cash outflow over the next 7 years is expected to be in the range of $12.3 million annually, which fluctuates depending on the level of debt service each year. However, after 7 years, the new refunded debt service over an additional 5 year period is expected to be increased approximately $21.4 million per year. After that, there will be lower debt service payments. The net impact of the financing is $7.7 million additional debt and interest costs over the next 27 year period. The new debt structure provides a smooth transitioning to stabilize customer electric rates so that future increases can be lower and more predictable. The retirement of the two interest rate swap agreements eliminates the market rate volatility that currently exists in the City's financial structure. Attachment: Resolution Approving Termination of the Interest Rate Swap Agreements RESOI,UTION NO. A RESCL]ITICN OF THE CITY COUNCIL OF THE CfTY OF VERNON APPROVING THE TERMINATION OF INTEREST RATE SWAPS AND THE FORMS OF SWAP TERMINATION AGREEMENTS; AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, Ehe City of Vernon (the "City" ) is a municipal corporatsion and a chartered city of the State of California organized and exist.ing under its Chartser and the consEitution of the State of California; and WHEREAS, the City is authorized pursuant tso tshe provisions of its Charter and the City of vernon Municipal Facilities Revenue Bond Law, constitsuting ArEicle xI of the City Code of the City of vernon, to issue bonds, notes and other obligations payable from the Net Revenues of the Electric System (capitalized terms used herein and not otherwise defined shall- have the meanings given such terms in the fndenture mentioned below) to finance the costs of any 1and, improvements, facilities, equipment and other property of any nature whatsoever which are used in the El-ectric system and tso refund such bonds, noEes and other obligations; and WHEREAS, pursuant to an Indenture of Trust, dated as of December L, 2004, beEween the City and The Bank of New York Trust Company, N.A., as trustee (the "Prior Trustee"), as amended by the First Supplemental fndenture of Trust and the Second Supplemental Indenture of Trust, each dated as of Decemlcer 1, 2004, and each between the City and the Prior Trustsee, t.he City previously issued its Electric SysEem Revenue Bonds, 2004 Series A (the "2004 Series A Bonds,, ) and its El-ectric System Revenue Bonds. 2004 Series B (the "2004 Series B Bonds" ) ; and OHSUSA:762619001.2 42791-2 WHEREAS, the City and Morgan Stanley Capital- Services LLC ("Morgan Stanley") entered into a cerlain interest. rate swap transaction relating to Ehe City's 2004 Series A Bonds (the "2004A Transaction" ) and a certain interest rate swap transaction relating to the City's 2004 Ser.ies B Bonds (the "20048 Transaction" and collectively with the 2004A TransacEion, the "Transactions" ) ; and WHEREAS, the 2004B Transaclion was transferred from Morgan Stanley tso Deutsche Bank AG ("Deutsche Bank" ) through a novation process; and WHEREAS, tshe City has determined to terminate the Transactions and in connection therewith may enEer into separate Termination AgreemenEs with Morgan Stanley and Deut.sche Bank (such Termination Agreements. in the forms presented to the City Council with such changes, insertions and deletions as are made pursuant to this Resolution, being referred to herein colLectively as che "Termination Agreements" and individuaffy as the "Morgan SEanley Termination Agreement" and the "Deutsche Bank Termination Agreement" ) and to make any payments due from the City in connection with the Termination Agreement.s; and WHEREAS, by memorandum dated ,July 7, 2015. the Finance Director has recommended the termination of the Transactions and the approval of the Termination Agreements; and WHEREAS, t.he City Council of t.he City of Vernon desires to terminate the Transactions and approve t.he Termination Agreements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON, AS FOLLOWS: SECTION l-: The City Council of the CiEy of Vernon hereby finds and determines that the above recitafs are true and correct. OHSUSA17626l900l 2 42197 -2 2 SECTION 2: The City Council of t.he City of Vernon finds that because Ehis action j-s a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact. on the environment, it does not constitute a "project" as defined by California Environmental Qualit.y Act ("CEQA") Guidelines section 15378 and is therefore not subject. t.o CEQA review. Furthermore, even if it, were a project, this action would be exempt from CEQA review in accordance with secEion l-5051(b) (3), the general rule that CEQA only applies to projects that may have an effecE on the environment . SECTION3 :The City Councif of the City of Vernon hereby approves the tsermination of the TransacEions. SECTION 4:The City Council of the CiEy of Vernon hereby approves the Morgan Stanley Terminat,ion Agreement., in substantially the form attsached hereto as Exhibit A and made a part hereof as though set forth in fuI1 herein, except that if a calcul-ation pursuant to Section 7 (ii) of the Morgan Stanley Termination Agreement indicatses a loss to Morgan Stanley then the City shaIl pay Morgan Stanley the amount of such loss and the rate payable by the City under the Morgan Stanley under the 2004A Transaction shall noE change. Each of the Mayor, the Mayor Pro Tem, t.he City AdministraEor, the Finance Director/CiEy Treasurer (each an "Aut.horized Of f icer,,). acting singly, is hereby authorized Eo execute and deliver the Morgan Stanley Termination Agreement, in the name of and on behalf of the City, in substantially the form approved hereby with such changes, insertions and deletions as may be approved by the Authorized Officer executing the Morgan Stanley Termination Agreement, said execution being conclusive evidence of such approval . OHSUSA]76261900l 2 42197 -2 3 SECTIoN 5: The citsy Council of tshe city of Vernon hereby approves Ehe Deutsche Bank Terminatsion Agreement, in substantially the form attached hereto as Exhibit B and made a Parts hereof as tshough set fortsh in fuI] herein. Each Authorized officer, acting singly, is hereby authorized to execute and deliver Ehe Deutsche Bank Termination AgreemenE, in the name of and on behal-f of the City, in substantiall-y the form approved hereby wit.h such changes, insertions and deleEions as may be approved by the Authorized Officer executing the Deut.sche Bank Termination Agreement, said execution being conclusive evidence of such approval . SECTION 5: The Mayor, the Mayor Pro Tem, the City Administrator, Ehe Finance Director/City Treasurer, the City C1erk, the City Attsorney, Ehe Director of Gas & ElecEric Department and any other proper officiaf, officer or employee of Ehe City, acting singly, be and each of them hereby is authorized to execute and deliver any and all documents and instruments and to do and cause to be done any and al-l acts and things necessary or convenienE in carrying out the acEions authorized by this Resolution and the transactions conlemplated by the documenEs and instruments approved or authorized by this Resolution, including, without limitation, making any determinaEions or submission of any documents or reports which are required by any rule or regulation of any governmenEal entity in connection with the auEhorization, execution, delivery and performance by the City of its obligations under the Termination Agreements. SECTIoN 7: Al-1 actions heretofore taken by the City Councif of the City of vernon, or any official , officer, employee, representative or agent of the City, in conneclion with carrying out the actions authorized by this Resolution and the authorization, oHsusA 76261900r 2 42'.797 -2 4 execution, delivery, or performance of the City, s obligations under the Termj-nation Agreements, and t.he oLher actions contemplated by this Resolution, are hereby ratified, approved and confirmed. SECTION 8: The City Clerk, or DepuEy City C1erk, of the City of vernon shalI certify to the passage, approval and adoption of this resolution, and the CiCy C1erk, or Deputy City C1erk, of the City of Vernon shall cause t.his resoLution and the City C1erk,s, or Deputy Citsy Clerk's, certification to be enEered in the File of Resolutions of the Council of this City. APPRO\IED AND ADoPTED tshis 7Eh day ot JuIy, 2015. Name: TiEle: I'rLayor / Mayor Pro-Tem ATTEST : City Clerk / Deputy CiEy Clerk APPROVED AS TO FORM: }f--'4^ I" N^+_v )^\_*,?-' -V Hema Piitel, Ci('y AtE.orney Orr j-ck, Herrington & Sutcliffe Bond Counsel to City OHSUSA:762619O012 42191-2 LLP 5 STATE OF CAIIFORNIA ) )ss COUNTY OF LOS ANGELES ) t,, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Councj-I duly held on Tuesday, ,fu1y 7, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of Ju1y, 201-5, dt Vernon, California. City Clerk / Deputy City Clerk (SEAL) OHSUSA:762619001.2 42797-2 6 EXHIBIT A E>(hibir A [Morgan Stanley Terminatj-on Agreement Attached] OHSUSA:752519001.2 42797-2 A-l Morgan Stanley Municipal Capitat Markets Date: '[o: Attn: Fax: Tel: E-rnail: July[3],2015 City of Vernon Mark Whitworth, C ity Administrator 323-826-t439 323-583-88 I I CWT DRAFT 613012015 Morgan Stanley Capital Services I-LC NY Deriv Client Services 212404-4726 212-76t-2996 Mun iconfi rms_ln@morganstan ley. com From: Clontact: Fax: 'I'e [: E-mail: Re: l.lnwind of Transaction MSCS Ref. No. AUCTK (the "Original Transaction") The purpose of this letter agreement is to confirm the terms and conditions of the unwind of the Original 'l'ransaction. - This letter agreement constitutes a "Confirmation" as rcferred to in the ISDA Master Agreement belorv. The definitions and provisions contained in the 2006 ISDA Definitions (as published by the lnternational Swaps and Derivatives Aisociation, Inc.) (the "Definitions") are incorporated into this Confirmation. In the event of any inconsistency between the Definitions and this Confirmation, this Conhrmation will govem. l. This Confirmation supplements, forms part of, and is subject to, the ISDA Master Agreement dated as of Dccember 2, 2004, as amended and supplemented from time to time (the "Agreement") belrrcen you and us. All provisions contained in the Agreement govem this Confirmation except as expressly modified below. 2. 'fhe terms of the unwind of the Original Transaction to which this Confirmation relates are as flollows: Parry A: Party B: Original Transaction Trade Date: Original Transaction Termination Date: Unwind Trade Date: Unwind Elfective Date: l)arty B Unwind Payment: U nwind Settlemcnt Date: 3. Account Details: Payments to Parly A: Morgan Stanley Capital Services LLC Ciry of Vernon Dccember 2,2004 April l, 2037 Julylol,20l-5 July Io],2015 Party B shall pay USD t I to Party A on the Unrvind Settlement Date. July Io],2015 Citibank, New York ABA No.02l 000 089 For: Morgan Stanley Capital Services LLC nocounl No.4072-4601 USActive 33072516 1 Morgan Stanley Municipal Capital Markets Party A Operations Contact:Municipal Operations Tel: 4 I 0-534- I 436 Fax: 410-534-1990 E-mai I : MuniOperations@MorganStanley.com Mark Whitworth, City Administrator Tel: 323-583-881 I ext. 398 Fax: 323-826-1439 Parly B Operations Contact: 4. Each of Party A and Party B hereby cont-rrms that (i) with effect from and including the Unwind Effectivc Date, the Original Transaction is unwound, and (ii) upon payment of the Party B Unwind payment[s] on the Unwind Settlement Date, Party A and Party B each will be released and discharged from further obiigations to each other under rhe Original Transaction and their respective righs against each other under the Origlnal Transaction are terminated; provided, that such release and discharge will not affect any obligations or righ-ts ol party A or Party B under the Original Transaction with respect to Payments or other obligations due and pa'yable or dul to be performed on or prior to the Unwind Effective Date and all such payments and obligations shall be-paid or performed by Party A or Parry B in accordance with the terms of the Original Transaction. 5. Each of Party A and Party B hereby agrees that each representation made by Parry A or parry B in the Agreement as of the Original Transaction Trade Date will be deemed repeated by such party as of the date of this Confirmation as if such rcprcsentation were set tbrth in this Confirmation. 6. Relationship Between Parties. Iiach party will bc dccmed to represent to the other party on the date on which it cnters into this Transaction that (absent a written agreement between the Parties that expressly imposes affirmative obligations to the contrary for this Transaction); (a) Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into this Transaction and as to whether this Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. lt is not relying on any .orrrni.ution (written or oral) of the other party as investment advice or as a recommendation to enter into this Transaction, and the other party is not acting with respect to any communication (written or oral) as a "municipal advisor," as such term is dehned in Section 975 of the U.S. Dodd-Frank Wall Street Reform & Consumer Protection Act; it bcing understood that information and explanations related to the terms and conditions of this Transaction shall not be considered investment advice, advice provided by a municipal advisor or a recommendation to enter into this Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results ofthis Transaction. (b) Assessment and Understanding. lt is capable of assessing the merits of and understanding (on its own behalfor through independent professional advice), and understands and accepts, the terms, conditions and risks of this Transaction. It is also capable of assuming, and assumes, the risks of this Transaction. (c) Status of Parties. The other party is not acting as fiduciary for or an advisor to it in respect of this Transaction. 7. 'l'he effectiveness of thc termination described herein (other than in this paragraph 7) is contingenr upon thc issuance (the "Closing") of Party B's [Bond Series Details] (the "Refunding Bonds") as defined in andln accordance with the provisions of the [bond purchase agreement related to the Refunding Bonds, dated [] (rhe 'BPA")], by and between Party B and [Underwriter]. I I Party B provides a notice (the "Failed Closing Notice") to Parry A on or prior to [Unwind Settlement Date] to the effect that said Closing will not occur on or prior to such date and the Party B has elected not to the pay the Party B Unwind Payment but has elected to reinstate the terms of the Transaction as set forth in the Amended and Restated Cont'irmation as amended pursuant 1o this Paragraph 7, (i) this Transaction rvill remain in effect with respect to the Notional Amount under the Amended and Restated -2- Morgan Stanley Municipal Capital Markets Confirmation wirh respect to each Calculation Period, (ii) Party A will have the right to adjust the Fixed Rate applicable to this Transaction for the remainder of the term, in good faith and subject to the approval of Party B, in consultation with Party B's swap advisor, PFM Swap Advisors LLC, to reflect (A) its losses (expressed as a higher rate) or gains (expressed as a lower rate) as a result ofany change in value to Party A ofthis Transaction due to a ,or.r.nt in the USD-LIBOR yield curve during the period between the Unwind Trade Date and the earlier of the time at which Party A received the Failed Closing Notice from thc Party B or [Unwind Settlement Date] and (B) its bid-offer spread and any legal or other costs associated with the reinstatement of the Transaction (expressed as a higher rate), (iii) the Fixed Rare that is so adjusted by Party A will be the Fixed Rate applicable to such Transaction frJm and including the date of such adjustment to but excluding the Termination Date of such Transaction and (iv) party A shall promptly send to Party B an amended Confirmation reflecting the adjusted Fixed Rate. -J- Morgan Stan ley rraqniciparcapitar u Plcase confirm that the foregoing correctly sets forth the terms of our agreement MSCS Ref. No. AUC'l'K by executing this Confirmation and returning it to us promptly' Best regards, MORGAN STANLEY CAPITAL SERVICES LLC Name: Title: ACKNOWLEDGI,D AND AGREED as of the date first written: ClTY OF VERNON By Name Title: -4- Dcutsche Bank Date: To: Attention: Facsimile no.: Our Reference: Re: Ladies and Gentlemen: Deutsche Bank AG New York 60 Wall Street NewYork, NY 10005 +1 212-250-2500 June 29, 2015 City of Vernon Mark Whitworth, City Administrator I 323 826 1422 Global No. N1359778N Termination Agreement The purpose of this termination agreement ("Termination Agreement") dated as of [ ], is to set forth the terms and conditions of the termination of the Transaction between Deutsche Bank AG ("DBAG') and City of Vernon ("Counterparty") with a Trade Date of September 23, 2011, a Notional Amount of USD 83,575,000.00, and a Termination Date of April '1,2029, (DBAG Reference Global No. N1359778N) (the "Transaction"). Accordingly the parties agree as follows: t @jg!!g: Effective [ ], the rights, obligations and liabilities of DBAG and Counterparty and of their respective afiiliates, subsidiaries, directors, officers, employees and agents under the Transaction are hereby mutually terminated and discharged. Each party hereto acknowledges that, except as provided herein, no payments or other amounts are owed to it by the other party hereto under or with respect to the Transaction. The termination provided for under this Termination Agreement is limited to the Transaction referenced herein and shall not affect or suspend any other obligations of the parties under the Agreement Z Egg.1]!!!g1!!q: ln consideration of the termination and discharge effected by the preceding section, on [ ], DBAG/Counterparty will pay to DBAG/Counterparty an amount equal to [ ], in immediately available funds to the account specified below. Chaiman ot the Superuisory B€rd: Paul Achleilner Managoment Board: Jurgen Fitschen (Co€hairman), Anshuman Jain (Clohaiman), Slefan Krause, Stephan Leithner, Stuart Lilis, Rairer Neske, Henry Ritchotte Deuische gank Aktiengesellschaft domiciled in FranKurt am Main; LGI Courl ot FranKurt am Main, HRB No 30 000: VAT lO No DE114103379; ww db com 3 Condition to Effectiveness. The Termination described in section 'l rs subject to Counterpa(y issuing its Unsert Description ofthe Bondsl (the "Bonds') on or prior to the Payment Date lf Counterpa(y does not issue the Bonds on or prior to the Payment Date, the Transaction shall continue in full force and effect. Counterparty agrees to provide DBAG with notice by [1:00 pm Eastern Standard time] on the Payment Date if the Bonds are not issued lf the Termination is not effective bec€use the Bonds are not issued, DBAG will determine the Transaction Loss (as defrned below) on or as soon as possrble following the Payment Date, but not later than one New York Busrness Day following the Payment Date lf the Transactron Loss is a positive number, an amount equal to the Transactron Loss will be payable by the Counterparty to DBAG on the second New York Business Day following the Payment Date and, rf the Transaction Loss is a negative number, an amount equal to the absolute value of the Transaclion Loss will be payable by DBAG to the Counterparty, on the second New York Business Day following the Payment Date (each such payment shall be a 'Transaction Loss Payment') For purposes of this paragraph, "Transaclion Loss" shall mean an amount that DBAG reasonably determrnes, in consultation with Counterparty and its financial advisor, in good faith to be rts toial losses and costs (expressed as a positive numbeo or gains (expressed as a negative numbeo in connection with continurng the terms of the Transaction evidenced by the Original Confirmation, including, wrthout duplication, any loss of bargain, cost of funding or loss or cost incurred as a result of its terminating, liquidating, obtaining or reestablishing any hedge or related trading position 4 Representations: Each party hereby represents, with respect to itself, that: (i) it has full power and legal right to execute and deliver, and to perform and obserYe the terms and provisions of this Termination Agreement; (ii) the execution, delivery and performance of this Termination Agreement have been duly authorized by all necessary action; and (iii) this Termrnation Agreement rs a legally valid and binding obligation, enforceable against ( in accordance with its terms (subject to applicable bankruptcy, reorganization, rnsolvency, moratorium or similar laws affecting creditors' rights generally and subject, as to enforceability, to equitable principles of general application (regardless of whether enforcement is sought in a proceeding in equity or at law)) 5 Definitions: All terms used herein which are defined in the Confirmation of the Transaction referred to herein shall have the meaning stated therern For these purposes, all references in the Definitions or the Agreement to a "Swap Transaclion" shall be deemed to apply to the Transaclion referred to herein 6 Miscellaneous: Thrs Termrnation Agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof. 7. Governing Law. The Transaction and all documentation relating thereto (includrng, without limitation, this Termination Agreement) shall be governed and construed in accordance with the laws governing the Agreement 8. Oftices: The Office of DBAG for the Transaction to which this Termination Agreement corresponds rs New York 9. Account oetails: Account Details for DBAG Account Details for Counterparty: Standard Settlement lnstructions Standard Settlement lnstructions N1359778N 2 10. Please confirm that the foregoing correcily sets forth the terms of our agreement by having an authorized officer sign this Confirmation and return it via facsimile or +mall to: Attention: Derivative Oocumentation Telephone: 44 20 7547 4755 Facsimile: 44 20 7545 9761 E-mail: Derivative.Documentation@db.com This message wilt be the only form of confirmation dispatched by us. lf you wish to exchange hard copy forms of this Confirmation, please contact us Yours sincerely, Deutsche Bank AG By: Narne: Authorized Signatory By: Nane: Authorizcd Sienatory Confirmed as of the date first written above: City of Vemon By: Name: fitle: N1359778N EXHIBIT B Exhibit B [Deutsche Bank Termination Agreement Attached] OHSUSA:762519001.2 42797-2 B-1 AGREEMENT REGARDING (l) EMIR PORTFOLIO RECONCILIATION AND DISPUTE RESOLUTION (2) TRANSACTION REPORTING CONSENT (3) EMIR COUNTERPARTY CLASSIFICATION REPRESENTATION dated as of ..................... 2015 between DEUTSCHE BANK AG ("D8") and CITY OF VERNON ("the Client") (the "Agreement") DB and the Client hereby agree as follows: PART I. PORTFOLIO RECONCILIATION AND DISPUTE RESOLUTION (l) Agreement to Reconcile Portfolio Data The parties agree to reconcile portfolios as required by the Portfolio Reconciliation fusk Mitigation Techniques. DB shall be the Portfolio Data Sending Entity. The Client shall be: (a) One-way Delivery of Portfolio Data. If one party is a Portfolio Data Sending Entity and the other party is a Portfolio Data Receiving Entity: (i) on each Data Delivery Date, the Portfolio Data Sending Entity will provide Portfolio Data to the Portfolio Data Receiving Entity; (ii) on each PR Due Date, the Portfolio Data Receiving Entity will perform a Data Reconciliation; (iii) if the Portfolio Data Receiving Entity identifies one or more discrepancies which such party determines, acting reasonably and in good faith, are material to the rights and obligations of the parties in respect of one or more Relevant Transaction(s), it will notiry the other party in writing as soon as reasonably practicable and the parties will consult with each other in an Please select an option by placing an "X" in the box indicating the appropriate election: the Portfolio Data Sending Entity the Portfolio Data Receiving Entity xr both the Portfolio Data Sending Entity and Portfolio Data Receiving Entity as specified by the Client to DB. I Please select the appropriate box attempt to resolve any such discrepancies in a timely fashion for so long as such discrepancies remain outstanding, using, without limitation, any applicable updated reconciliation data produced during the period in which such discrepancy remains outstanding; and (iv) if the Portfolio Data Receiving Entity does not notifu the Portfolio Data Sending Entity that the Portfolio Data contains discrepancies by 4p.m. local time in the place of business of the Portfolio Data Sending Entity on the fifth Joint Business Day following the later of the PR Due Date and the date on which the Portfolio Data Sending Entity provided such Portfolio Data to the Portfolio Data Receiving Entity, the Portfolio Data Receiving Entity will be deemed to have affirmed such Portfolio Data. (b) Two-way Exchange of Portfolio Data. If both parties are Portfolio Data Sending Entities: (i) on each Data Delivery Date, each party will provide Portfolio Data to the other party; (ii) on each PR Due Date, each party will perform a Data Reconciliation; and (iii) if a party identifies one or more discrepancies which such party determines, acting reasonably and in good faith, are material to the rights and obligations of the parties in respect of one or more Relevant Transaction(s), it will notifr the other party in writing as soon as reasonably practicable and the parties will consult with each other in an attempt to resolve any such discrepancies in a timely fashion for so long as such discrepancies remain outstanding, using, without limitation, any applicable updated reconciliation data produced during the period in which such discrepancy remains outstanding. (c) Alternative Process. lf both parties are Portfolio Data Receiving Entities, the parties will agree a process for reconciling Portfolio Data in order to meet the requirements of the Portfolio Reconciliation Risk Mitigation Techniques. (2) Change of Status (a) Each party may change its own designation with the prior written agreement of the other party (such agreement not to be unreasonably withheld or delayed and for this purpose the parties agree, without limitation, that it will not be unreasonable for a party to withhold agreement where agreement would result in the other party having different designations in respect of such party and one or more Affiliates of such party). If, as a result of any such change of designation, both parties will be Portfolio Data Receiving Entities, Part I(l Xc) will apply. (b) If a party believes, acting reasonably and in good faith, that the parties are required to perform Data Reconciliation at a greater or lesser frequency than that being used by the parties at such time, it will notifo the other party ofsuch in writing, providing evidence on request. From the date such notice is effectively delivered, such greater or lesser frequency will apply and the first following PR Due Date will be the earlier of the date agreed between the parties and the last Joint Business Day in the PR Period starting on the date on which the immediately preceding Data Reconciliation occurred (or, if no Joint Business Day occurs which is within such PR Period and is on or following the date such notice is effective, the first Joint Business Day following the later of the end of such PR Period and the date such notice is effective). (3) Use ofagents and third party service providers For the purposes of performing all or part of the actions under Parls l(l) and I(2), each party may appoint: (a) an Affiliate to act as agent, immediately on prior written notice to the other party; and/or (b) subject to the other party's agreement (such agreement not to be unreasonably withheld or delayed), (i) an entity other than an Affiliate as agent and/or (ii) a qualified and duly mandated third party service provider. DB may use a third party (including TriOptima AB) as its agent and/or third party service provider for the purposes ofperforming all or part ofthe actions under Parts I(l) and I(2). (4) Dispute Identification and Resolution Procedure The parties agree that they will use the following procedure to identiry and resolve Disputes between them: (a) either party may identify a Dispute by sending a Dispute Notice to the other party; (b) on or following the Dispute Date, the parties will consult in good faith in an attempt to resolve the Dispute in a timely manner, including, without limitation, by exchanging any relevant information andby identifuing and using any Agreed Process which can be applied to the subject of the Dispute o., *h"re no such Agreed Process exists or the parties agree that such Agreed Process would be unsuitable, determining and applying a resolution method for the Dispute; and (c) with respect to any Dispute that is not resolved within five Joint Business Days of the Dispute Date, refer issues internally to appropriately senior members of staff of such party or of its Affiliate, adviser or agent in addition to actions under (b) immediately above (including actions under any Agreed Process identified and used under (b) immediately above) and to the extent such referral has not occurred as a result of action under (b) immediately above (including any Agreed Process). (5) Internal processes for recording and monitoring Disputes Each pany agrees that, to the extent the Dispute Resolution Risk Mitigation Techniques apply to each pafty, it will have internal procedures and processes in place to record and monitor any Dispute for as long as the Dispute remains outstanding. (6) Relationship to other portfolio reconciliation and dispute resolution processes This Part I and any action or inaction of either party in respect of it are without prejudice to any rights or obligations the parties may possess in respect of each other under any Agreed Process or other contractual agreiment, by operation of law or otherwise. Action or inaction by a party in respect of this Part I will not be piesumed to operate as an exercise or waiver, in whole or part, of any right, power or privilege such party may possess in respect ofeach other under any Agreed Process or other contractual agreement, by operation of law or otherwise. In particular, but without limitation, (a) any valuation in respect of one or more Relevant Transactions for the purposes of this Part I will be without prejudice to any other valuation with respect to such Relevant Transaction(s) made for collateral, close out, dispute or other purpose; (b) the parties may seek to identifo and resolve issues and discrepancies between themselves before either party delivers a Dispute Notice; and (c) nothing in this Part I obliges a party to deliver a Dispute Notice following the identification of any such issue or discrepancy (notwithstanding that such issue or discrepancy may remain unresolved) or limits the rights of the parties to serve a Dispute Notice, to commence or continue an Agreed Process (whether or not any action under Part I(4) has occuned) or otherwise to pursue any dispute resolution process in respect ofany such issue or discrepancy (whether or not any action under Part l(4) has occurred). (7) Remedies for Breach Without prejudice to the rights, powers, remedies and privileges provided by law, failure by a party to take any actions required by or to otherwise comply with Part I, in either case, will not constitute an event of default in respect of such palty or any other event which permits either party to terminate any Relevant Transaction. PART II. TRANSACTION REPORTING CONSENT Notwithstanding anything to the contrary in this Agreement, or any non disclosure, confidentiality or other agreement entered into between the parties from time to time, , each party hereby consents to the Disclosure of information (the "Repofting Consent"): (a) to the extent required by, or necessary in order to comply with, any applicable law, rule or regulation which mandates Disclosure of transaction and similar information or to the extent required by, or necessary in order to comply with, any order, request or directive regarding Disclosure of transaction and similar information issued by any relevant authority or body or agency ("Reporting Req uiremen ts"); or (b) to and between the other party's head office, branches or affiliates; to any person, agent, third party or entity who provides services to such other party or its head office, branches or affiliates; to a Market; or to any trade data repository or any systems or services operated by any trade repository or Market, in each case, in connection with such Reporting Requirements. Disclosures made pursuant to this Reporting Consent may include, without limitation, Disclosure of information relating to disputes over transactions between the parties, a party's identity, and certain transaction and pricing data and may result in such information becoming available to the public or recipients in a jurisdiction which may have a different level of protection for personal data from that of the relevant party's home jurisdiction. This Reporting Consent shall be deemed to constitute an agreement between the parties with respect to Disclosure in general and shall survive the termination of this Agreement. No amendment to or termination of this Reporting Consent shall be effective unless such amendment or termination is made in writing between the parties and specifically refers to this Reporting Consent. PART I II. EMIR CO UNTE RPARTY C LASSIFICATION REPRESENTATION (l) EMIR Counterparty Classification Representation Please select an option by placing an "X" in the box indicating the appropriate election: Client is an FC incorporated !4 the European Union The Client represents to DB that it is a financial counterparty (as such term is defined in EMIR). x Client is an FC incorporated 9g.!si!9 the European Union The Client represents to DB that it is an entity established outside the European Union that, to the best of its knowledge and belief, having given due and proper consideration to its status, would constitute a financial counterparty (as such term is defined in EMIR) if it were established in the European Union. Client is an NFC+ incorporated !g the European Union The Client represents to DB that it is a non-financial counterparty (as such term is defined in EMIR) and is subject to a clearing obligation pursuant to EMIR. Client is an NFC+ incomorated The Client represents to DB that it is an entity established outside the European Union that, to the best of its knowledge and belief, having given s]E!&the European Union are a"a p-per consideration to its status, would constitute a non-financial counterparty (as such term is defined in EMIR) and would be subject to a clearing obligation pursuant to EMIR if it were established in the European Union. Client is an NFC- incorporated jg the European Union (l) The Client represents to DB that: (i) it is a non-financial counterparty (as defined in EMIR); and (ii) the notional amounts of its relevant foreign exchange, credit, rates, equity, commodity and other derivative portfolios are !ryLl@ the thresholds2 for mandatory clearing stipulated in respect of EMIR. Client is an NFC- incorporated s.!g!g!g the European Union (l) The Client represents to DB that: (i) an entity established outside the European Union that, to the best of its knowledge and belief, having given due and proper consideration to its status, would constitute a non- financial counterparty (as such term is defined in EMIR) if it were established in the European Union; and (ii) the notional amounts of its relevant foreign exchange, credit, rates, equity, commodity and other derivative portfolios are !.gEI-!@ the thresholds for mandatory clearing stipulated in respect of EMIR. The EMIR Counterparty Classification Representation above will be deemed to be repeated by the Client on each day when any EMIR Transaction is entered into or remains outstanding. If the Client changes status such that the EMIR Counterparty Classification Representation is no longer correct, then Client will immediately notiry DB by email to the following address: emir.classi fi cation@db.com. (2) Additional terms applicable to Clients which have represented to be non-financial counterparties with notional amounts of relevant portfolios being !g!g the thresholds for mandatory clearing3: (a) Where the Client has represented to DB that the notional amounts of its relevant foreign exchange, credit, rates, equity, commodity and other derivative portfolios are !ry.,!@ the thresholds for mandatory clearing stipulated in respect of EMIR and as such, the EMIR Counterparty Classification Representation proves to have been incorrect or misleading in any material respect when made or deemed repeated, such Client will use all reasonable efforts, negotiating in good faith and a commercially reasonable manner, to: (i) agree with DB and implement any amendments or modifications to the terms of EMIR Transactions which are required to be Cleared and take any steps required to ensure that As at 9 September 2013, the thresholds, in gross notional amounts, are: EUR lbn gross notional for OTC credit derivatives; EUR lbn for OTC equity derivatives; EUR 3bn for OTC interesr rate derivatives; EUR 3bn for OTC foreign exchange derivatives; and EUR 3bn for OTC commodity derivatives and olher derivative contracts Note these amounts apply at the grouP level, but true hedging should be discounted Please seek legal advice to male the appropriate selection. such EMIR Transactions are Cleared before the applicable regulatory deadline, and to ensure the payment of any Balancing Payment Amount; or (ii) agree with DB and implement any amendments or modifications to the terms of EMIR Transactions which are not required to be Cleared and take any steps required to ensure that the relevant Risk Mitigation Techniques are adhered to in respect of such EMIR Transactions by the sixth Business Day following the date on which both parties are aware that the EMIR Counterparty Classification Representation above was incorrect or misleading, or such later date as the parties agree, and to ensure the payment of any Balancing Payment Amount by the same day. (b) If the remedial steps for breach of the EMIR Counterparty Classification Representation set out in Part III(2)(a) have not been completed in time, the EMIR Transactions for which remedial steps have not been completed may, at DB's discretion, be terminated and upon such termination any consequences of terminating the EMIR Transactions provided for in the Underlying Agreement will apply, provided that in respect of EMIR Transactions concluded under an ISDA Master Agreement, a failure to complete the relevant remedial steps as set out in Part III(2)(a) will constitute an Additional Termination Event under the relevant ISDA Master Agreement. For the purposes of such Additional Termination Event: (i) the relevant EMIR Transactions will be the sole Affected Transactions within the meaning set out in the ISDA Master Agreement and the Client will be the sole Affected Party provided that both parties will be Affected Parties for the purposes ofSection 6(b)(iv) ofthe ISDA Master Agreement; and (ii) For the purposes of any determination pursuant to Section 6(e) following the designation of an Early Termination Date within the meaning set out in the ISDA Master Agreement as a result of such Additional Termination Event: (A) it will be deemed that the Client is a non-financial counterparty to which mandatory clearing stipulated in EMIR does not apply (whether or not in fact this is the case); and (B) where "Market Quotation" is designated as the payment measure, it will be deemed that Market Quotation would not produce a commercially reasonable result and "Loss" will apply in relation to the relevant Affected Transaction(s). (c) Without prejudice to the rights, powers, remedies and privileges provided by law, neither the making by the Client of an incorrect or misleading EMIR Counterparty Classification Representation nor the failure of a party to take any actions required by Parl III(2)(a) will constitute an event of default under the relevant Underlying Agreement (including an Event of Default as such term defined in an ISDA Master Agreement). PART ry. DEFINITIONS "agenl" means an entity appointed to act solely on the appointing party's behalf to deal with the other party in relation to all or part ofthe actions under the relevant provision. "Affiliale" means, 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 a majority of the voting power of the entity or person. 6 ,,Agreed Process" means any process agreed between the parties in respect of a Dispute other than the Diftute Resolution Procedure including, without limitation, the process in (a) Section 13 of any ISDA Maiter Agreement (b) Paragraph 4 of an ISDA Credit Support Annex (Bilateral Form - Transfer) or (c) paragraph 5 of each of the ISDA Credit Support Deed (Bilateral Form - Security Interest) and the ISDA Credit Support Annex (Bilateral Form), in each case as may be amended between the parties, if applicable. ',Balancing Paymenl Amounl" means, in relation to an EMIR Transaction, the amount, if any, required to be paid betwJen t-he panies (which, for the avoidance of doubt, may be payable by or to Party B) in order to ieflect the difference between (l) pricing of the relevant EMIR Transaction by reference to the terms of such EMIR Transaction immediately prior to any amendments or modifications agreed by the parties pursuant to Part III (2) the pricing of the relevant EMIR Transaction by reference to the terms of such EMIR Transaction immediately following any amendments or modifications required to be made in order to comply with Part rrr(2). ,,Cleored" means, in respect of an EMIR Transaction, that such EMIR Transaction has been submitted to a central clearing house authorised under Article l4 of EMIR or recognised under Article 25 of EMIR for clearing relevant OTC derivative transactions. ,,Dala Delivery Dale" means each date agreed as such between the parties provided that, in the absence of such agreement, the Data Delivery Date will be the Joint Business Day immediately prior to the PR Due Date. ,,Dala Reconciliation" means, in respect of a party receiving Portfolio Data,a comparison of the Portfolio Data provided by the other party against such party's own books and records of all outstanding Relevant Transactions between the parties in order to identi! promptly any misunderstandings of Key Terms. "Derivalivd'means a "derivative" or "derivative contract" as defined in Article 2(5) of EMIR. "Disclosurd'means disclosure, reporting, retention, or any action similar or analogous to any of the aforementioned. ,,Dispute,, means any dispute between the parties (a) which, in the sole opinion of the party delivering the relevant Dispute Notice, is required to be subject to the Dispute Resolution Procedure (or other Agreed Process) pursuant to the Dispute Resolution Risk Mitigation Techniques; and (b) in respect of which a Dispute Notice has been effectively delivered. ,,Dispute Date" means, with respect to a Dispute, the date on which a Dispute Notice is effectively delivered by one party to the other party save that il with respect to a Dispute, both parties deliver a Dispute Notice, the date on which the first in time of such notices is effectively delivered will be the Dispute Date. Each Dispute Notice will be effectively delivered if delivered in the manner agreed between the parties for the giving of notices in respect of this Agreement. ,,Dispule Nofice" means a notice in writing which states that it is a dispute notice for the purposes of Part I(a) and which sets out in reasonable detail the issue in dispute (including, without limitation, the Relevant Transaction(s) to which the issue relates). ,,Dispute Resolution Procedure" means the identification and resolution procedure set out in Part I(4). ,,Dispute Resolution Risk Mitigation Techniques" means the dispute resolution risk mitigation techniques for OfC derivative transactions set out in Article ll(lxb) of EMIR as supplemented by Article 15 of Chapter VIII of the Commission Delegated Regulation (EU) No 14912013 of 19 December 2012 and published on 23 February 2013 in the Official Journal of the European Union. ,,EMIR,, means Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories dated 4 July 2012. *EMIR Counlerparty Classificalion Represenlation" means the representations made by the Client in Part ilr(r). 7 *EMIR Transaclion" means any transaction which is subject to EMIR' ,,European (Jnion,' means the economic and political union established in 1993 by the Maastricht Treaty, with the aim of achieving closer economic and political union between member states that are primarily located in Europe. ,,ISDA Moster Agreemenl" means a 2002 ISDA Master Agreement, 1992 ISDA Master Agreement (Multicurrency - Cross Border), 1992 ISDA Master Agreement (Local Currency - Single Jurisdiction), or iStZ 1SOA Interest Rate and Currency Exchange Agreement, in each case as published by the Intemational Swaps and Derivatives Association, Inc; or any ISDA Master Agreement entered into by execution by the parties of a confirmation pursuant to which the parties are deemed to have entered into an ISDA Master Agreement. ,,Joint Business Day" means a day that is a Local Business Day in respect of each party. ,,Key Terms" means, with respect to a Relevant Transaction and a party, the valuation of such Relevant Transaction and such other details the relevant party deems relevant from time to time which may include the effective date, the scheduled maturity date, any payment or settlement dates, the notional value of the contract and currency of the Relevant Transaction, the underlying instrument, the position of the counterparties, the business day convention and any relevant fixed or floating rates of the Relevant Transaction. For the avoidance of doubt, "Key Terms" does not include details of the calculations or methodologies underlying any term. ,,Local Business Day" means, in respect of a party and unless otherwise agreed between the parties in writing, a day on which commercial banks and foreign exchange markets settle payments and are open for g"n"rul business in the places specified for that purpose of such party or, if not so specified, in the place of ihe location of the office(s) thalsuch party transacts Relevant Transactions with the other party from time to time, as determined by the other party. *Market' means any exchange, regulated market, clearing house, central clearing counterparty or multilateral tradi ng faci I ity. ,,Pontfolio Dalo" means, in respect of a party providing or required to provide such data, the Key Terms in relation to all outstanding Relevant Transactions between the parties in a form and standard that is capable of being reconciled, with i t"op" and level of detail that would be reasonable to the Portfolio Data Sending Entit if it were the receiving party. Unless otherwise agreed between the parties, the information comprising the Portfolio Data to be provided by a party on a Data Delivery Date will be prepared as at the close of business on the immediately preceding Local Business Day of, and as specified in writing by, the party providing the Portfolio Data. ,,Portfolio Dala Receiving Entily" and "Portfolio Data Sending Entity" each means a party to this Agreement who has designated itself as such, subject to Part I(2)(a) above. ,,Portfolio Reconcilistion Requiremerts" means the requirements one or both parties are subject to in accordance with the Portfolio Reconciliation Risk Mitigation Techniques. ,,Portfolio Reconcilialion Risk Mitigalion Techniques" means the portfolio reconciliation risk mitigation techniques for OTC derivative transactions set out in Article ll(lXb) of EMIR as supplemented by Article l3 of Chapter VIII of the Commission Delegated Regulation (EU) No 149/2013 of l9 December 2012 and published on 23 February 2013 in the Official Journal of the European Union. ,,PR Due Dafe" means each date agreed as such between the parties provided that the PR Due Date will be the PR Fallback Date where either (a) no date is agreed or (b) the agreed date occurs after the PR Fallback Date. ,,PR Fallbock Dale" means: (a) in respect of the PR Period starting on the PR Requirement Start Date, the last Joint Business Day in such PR Period; and, otherwise, (b) the last Joint Business Day in the PR Period starting on the calendar day immediately following the last calendar day of the immediately preceding PR Period. If there is no Joint Business Day in a PR Period, the PR Due Date will be the first Joint Business Day following the end of the PR Period. "PR Period" means, with respect to the parties: (a) if the Portfolio Reconciliation Requirements require Data Reconciliation to occur each business day, one Joint Business Day; (b) if the Portfolio Reconciliation Requirements require Data Reconciliation to occur once per week, one calendar week; (c) if the Portfolio Reconciliation Requirements require Data Reconciliation to occur once per quarter, three calendar months; or (d) if the Portfolio Reconciliation Requirements require Data Reconciliation to occur once per year, one calendar year. "PR Requiremenl Starl Date" means the first calendar day on which the Ponfolio Reconciliation Requirements apply to one or both of the parties. "Relevant Transaclion" means any transaction which is subject to the Portfolio Reconciliation Risk Mitigation Techniques and/or the Dispute Resolution Risk Mitigation Techniques. "Risk Miligation Techniqrres" means the risk mitigation techniques for OTC derivative transactions set out in Article ll of EMIR as supplemented by Chapter VIII of the Commission Delegated Regulation (EU) No 14912013 published 23 February 2013 in the OfficialJournal of the European Union. "third party service provider" refers to an entity that the pafiies agree will perform all or pan ofthe actions under the relevant provision for both parties. "Underlying Principals" has the meaning given to it in Part V(a). "Underlying Agreemenl" means the agreement goveming the terms and conditions of the relevant EMIR Transaction. PART V _ MISCELLANEOUS (a) Acling as Investmenl Manoger or Agenl If the Client is an investment manager or acting as agent for and on behalf of its relevant principals (including without limitation any relevant existing and new clients, investors, funds and accounts of the Client, each an "Underlying Principal"), the Client agrees that: (a) where a Relevant Transaction has been entered into prior to the date of this Agreement, or is entered into on the date of this Agreement between the DB and the Client (acting for and on behalf of an existing Underlying Principal); or (b) where a Relevant Transaction is entered into after the date of this Agreement between DB and the Client (acting for and on behalf of a new Underlying Principal), each such Underlying Principal shall be bound by the terms of this Agreement and references to "Client" and the "parties" contained in this Agreement shall be construed accordingly. The Client confirms to DB that it is authorised to bind its existing Underlying Principals and will be authorised to bind any new Underlying Principals for the purposes as set out in this paragraph. (b) Aher Agreemenls Governing Tronsoclions in Derivatives Other than Part II (Transaction Reporting Consent) of this Agreement, this Agreement shall not apply to agreements in writing, in electronic format, or in any other agreed official record which govern the terms and conditions of one or more transactions in Derivatives where the parties have entered into alternative written arrangements that document the substance of the issues covered in this Agreement or expressly stated in such other agreements or otherwise in writing that this Agreement shall not apply. (c) Nolices (i) Notices to DB All notices with regard to Part I (Portfolio Reconciliation and Dispute Resolution) shall be sent to DB at collateral.disputes@db.com. AlI notices with regard to Part III (EMIR Counterparty Classification Representation) shall be sent to DB at emir.classifi cation@db.com. For the avoidance of doubt, Portfolio Data will be sent to such address as agreed between the parties from time to time. (ii) Notices to Client All notices with regard to this Agreement shall be sent to the Client pursuant to the applicable notice details contained in the agreement governing the Relevant Transaction(s) to which such notice refers or to such other address as otherwise agreed between the parties. (d) Enlire Agreemezf. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and supersedes all oral communication and prior writings (except as otherwise provided herein) with respect thereto. (e) Counlerparts. This Agreement may be executed and delivered in counterparts (including transmission by facsimile, electronic messaging system or e-mail), each of which will be deemed an original. (f) Headings. The headings used in this Agreement are for convenience ofreference only and are not to affect the construction of or to be taken into consideration in interpreting this Agreement. (g) Governing Lary. This Agreement will be governed by and construed in accordance with English law. (h) Jurisdiction. The courts of England have exclusive jurisdiction to settle any dispute (including a dispute relating any non-contractual obligation) arising out of or in connection with this Agreement. '10 The parties have executed this Agreement on the respective dates specified below with effect from the date specified first on the first page of this Agreement. DEUTSCHE BANK AG CITY OF VERNON By:........... Name: Title: By:.......'... Name: Title: STAFF REPORT Finance Department July 7, 2015 Honorable Mayor and City Council REGE'VED JUL 0 2 2015 CITY CLERl{'S OFFICE DATE: TO: FROM: RE: REGEIVED JUL 0 2 2015 CITY ADMINISTRATION William Fox, Director of Finance N'+ Property and Casualty Insurance Placements for Fiscal Year 2015-16 Recommendation It is recommended that the City Council: l. Find that approval of the placement of property and casualty insurance for fiscal year 2015-16 is exempt under the California Environmental Quality Act (CEQA) in accordance with Sections 15060(cX3), 15378(bX4), and 15378(bX5). This is because the activity of authorizing the placement of insurance will not result in direct or indirect physical changes in the environment and, therefore, is not a "project," as defined in Section 15378 of the CEQA Guidelines; and 2. Authorize the City Administrator to bind the City for the annual insurance coverage for f,rscal year 2015-16, provided the total annual premiums to be paid shall not exceed $1,018,600 and $15,000 for loss mitigation services related to Cyber liability coverage for a total of $1,033,600. This includes the renewal of policies for excess liability insurance, errors & omissions, property, excess workers' compensation, crime, pollution liability, and environmental site liability, and the addition of cyber liability coverages with the related Loss Mitigation Services. Backsround Two years ago the City went through a request for proposal process as part of the good govemance reform and selected a new insurance broker, Aon Insurance Services. Over this past year they have working diligently with the City's Director of Finance to identifu appropriate coverage types, coverage amounts, and self-insured retentions (deductibles) in conjunction with the annual renewal process. This analysis included working with insurance underwriters from our existing insurance carriers and potential new ones were solicited. This process included providing requested financial and claims information to insurance carriers to help obtain required coverage at a competitive price and terms. In addition, professional property and equipment site assessments were done to make sure coverage limits are appropriate and that safe conditions exist. The insurance negotiation and placement process was concluded on Jtne24,20l5. The current schedule of coverage is summarized on the next page. The final premium amount of $1,018,600 is less than the budgeted amount of $1,196,203. The overall result is a savings of gl77 ,603. This overall savings includes the commencement of new coverage for Cyber liability, with a policy limit of $3 Million at an annual premium of $43,400. Without the Cyber liability coverage, the overall savings would have been $221,003. Cyber liability coverage steps in when the City's information technology devices and networks have been compromised. Initially the Cyber insurance policy makes the policy holder monetarily whole, but then it goes on to assist their customers who are also impacted. This coverage includes accessing credit reporting agencies to lock down reports. Some of the more recent well known cases where cyber-attacks have occurred include the IRS, Anthem Blue Cross, Target, Home Depot, and Sony Pictures. For example, in the case of Anthem Blue Cross, injured parties are given two free years of credit monitoring, all of which is being underwritten by their cyber insurance coverage. According to the City's Aon Insurance representative, approximately 70%o of their municipal clients are now carrying this coverage, due to the significant increased exposure, where only three years ago it was less than ljoh. Fiscal Year 2015-16 lnsurance Requirements Insurance Type Coverage / Deductible Premium Excess Liability Public Official Errors & Omissions & Employment Practice Liability Excess Workers Compensation Employee Crime Commercial Property Residential Property Environmental Impairment Liability Cyber Liability Brokerage Service Fee Total Amount $20 Million Limit $2 Million Deductible $2 Million Blanket with 5250,000 Deductible $50 Million Limit $1 Million Deductible $l Million Limit 525,000 Deductible $233 Million Limit Various Deductibles $8.6 Million Limit, $2,500 Deductible $5 Million Limit $l Million per claim, $25,000 Deductible 3 Million Limit, S75,000 Deductible $233,300 162,200 146,200 3,900 305,900 36,400 17,300 43,400 70,000 s1,018,600 Cvber Liability Loss Mitigation Services The new Cyber liability insurance carrier provides loss mitigation services to get clients prepared to address cyber- attacks. These services focus on the various types of attacks that can be made. As result there are six types of tests that are conduct to ensure that vulnerabilities are mitigated. These six tests are provided by the insurance carrier using technical consultants and the fees paid result in no insurance commissions and have been discounted to encourage their utilization. The six tests are made available at a cost of $3,000 each for a total of $18,000. However, one test is provided at no cost as part of the insurance renewal package. Thus, the net cost is $15,000 for a thorough vulnerability assessment. Justification Since the City completed a competitive selection process to identify Aon Insurance Services as its insurance broker, their professional expertise has been relied upon for identiffing the required insurance policy types, deductibles, and coverage amounts. They in turn went into the market place and solicited quotes from insurance carriers to ensure competitive rates are obtained. On certain coverages up to 16 insurance carriers were solicited. These policy coverages have been determined to be prudent and appropriate to safeguard the City. Insurance contracts are exempt from the competitive bidding requirements, pursuant to Vernon Municipal Code $2.17.12(A) (8). Fiscal Impact The total fiscal cost for insurance coverage is projected not to exceed $1,018,600 and $15,000 for loss mitigation services for a total of $1,033,600. The approved budgeted funds for Fiscal Year 2015-16 is $1,196,203. Thus this authorization is less than the annual approved budgeted amount. As a result, there are sufficient funds that have been budgeted for fiscal year 2015-16. RECF:NVED JUL 0 2 7015 CIIY CLEil('S (]FFICE DATE: TO: FROM: RE: RECEIVED JUN 2 3 2815 CITY ADMINISTRATION STAFF REPORT FIRE DEPARTMENT July 7,2015 Honorable Mayor and City Council Michael A. Wilson, Fire Chie@p Originator: Adriana Ramos, Administrative Secretary Approval of the 2014 SHSP Subrecipient Agreement between the County of Los Angeles and the City of Vernon in connection with the Fiscal Year 2014 State Homeland Security Program Recommendation A. Find that approval of the Agreement proposed 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. Adopt the attached resolution approving and authorizing the City's participation in the 2014 State Homeland Security Program ("2014 SHSP"), approving and authorizing the execution of an agreement by and between the City of Vernon and the County of Los Angeles, and authorizing the execution of documents necessary to obtain the grant. The County of Los Angeles has approved and awarded 2014 SHSP funds in the amount of $300,000.00 to the City of Vernon Fire Department. Backsround The U.S. Department of Homeland Security Title 44 C.F.R., through the Office of Grant and Training, has provided financial assistance from the Homeland Security Program, Catalog of Federal Domestic Assistance 97.067 directly to the California Governor's Office of Emergency Services (Cal OES) for the 2014 SHSP Grant. The objective of the SHSP Grant is to address unique equipment, training, exercise and planning management needs and to assist in building effective prevention and protection capabilities to prevent, respond to, and recover from threats or acts of terrorism. On December 2, 2014, the County of Los Angeles Board of Supervisors authorized the Chief Executive Officer (CEO) to prepare and execute the 2014 SHSP Grant Agreement. The Page I of2 perfonnance period of the 2014 SHSP Grant is from September 1,2014 to March 31,2016. The CEO is responsible for managing and overseeing the SHSP Grant funds that are distributed. The Vernon Fire Department will use funding from the 2014 SHSP Grant for the development of a Regional Training Facility. The awarded funds would cover a portion of the props in the sum of $300,000.00. Participation in the 2014 SHSP Grant will provide the Vernon Fire Department with new training capabilities that will allow the department and local agencies to train in a safe and controlled environment. Fiscal Impact The 2014 SHSP Grant is 100% reimbursable and there are no cost-share or match requirements. The County of Los Angeles will reimburse the City of Vernon for all purchased equipment up to the awarded grant funds. To receive reimbursement for equipment purchased using grant funds, the Fire department will be responsible for submitting all required documents/paperwork to the County of Los Angeles, demonstrating that the items were delivered and paid within the specified time frame. Attachment(s) l. Proposed resolution with Subrecipient Agreement between the County of Los Angeles and the City of Vernon Page2 of2 RESOIJUTION NO. A RESOLUTION OF THE CITY COI]NCIL OF THE CITY OF VERNON APPROVING THE CITY'S PARTICIPATION TN THE 2014 STATE HOMET,AND SECURITY PROGRAM BY THE VERNON FIRE DEPARTMENT, APPROVING AND AUTHORIZING THE EXECUTTON OF A SUBRECIPIENT AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE COUNTY OF LOS ANGELES AND AUTHORIZING THE EXECUTION OF DOCUMENTS NECESSARY TO OBTAIN SAID GRANT WHEREAS, the Department of Homeland Securit.y, through the Office for Domestic Preparedness, provides grant funding through a SEatse Homeland Security Program to Cal-ifornia to enhance the abiliEy of che stat.e, urban areas, local jurisdictions, and certain non-profit organizations, to prevent, deter, respond to and recover from threats and incidents of terrorism (the ,'SHSP Grant,, ) ; and WHEREAS, the County of Los Angeles Office of Emergency Management. is the sub-grantsee for E.he 2014 SHSP crant and the City of Vernon has been awarded a 201,4 SHSP Grant as a sub-recipient; and WHEREAS, the CounEy of Los Angeles wil_1 coordinate all rel-ated acEivities wj-th sub-recipients; and WHEREAS, during the application and review process for tshe 201-4 SHSP crant, the Vernon Fire Department requested funding for t.he developmenE of a Regional Training Facility. which would cover a portion of Ehe props in the sum of $300,OOO.OO, subject to approval by the Citsy Council; and WHEREAS, the City of Vernon Fire Department has been awarded the total sum of $300,000.00 and the County of Los Angeles is requiring a formal Subrecipient Agreement between the Citsy of Vernon and the County of Los Angeles outlining the requiremenE.s of the 201_4 SHSP Grant and is also regu.iring the compl_etion and electronic submitEal of a Project spending PIan for each line item within each of the approved projects; and WHEREAS, the 2014 sHsP GranE is a reimbursable granE for all authorized equipment purchases and training expenses with no cost- sharing or match requiremenEs; and WHEREAS, part.icipation in the 2014 SHSP Grant. will- provide the Vernon Fire Department with new training capabilities that will a1Iow tshe department and focaf agencies to train in a safe and controlled environment,' and WHEREAS, by memo dated July 7, 20t5, the Fire DeparEment has recommended lhaE Ehe City participate in the 2014 SHSP Grants and approve and authorize the execut.ion of all necessary documents to receive funding under the 201-4 SHSP GranE in the total sum of $300,000.00,'and WHEREAS, the City Council of tshe City of Vernon Fire DeparEment desires to participate in the 2014 SHSP Grant and approve and authorize the execution of the necessary documents to receive funding under the 2014 sHsP GranE in the tot.aI sum of $300,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE: CTTY OF VERNON AS FOLLOWS: SECTIoN 1: The City Council of tshe City of Vernon hereby finds and determines that the above recitals are Erue and correct. SECTIoN 2: The City Council of Ehe City of Vernon finds that this action is exempt under tshe California Environmental Quality Act (CEOA) , in accordance witsh Section 15051(b) (3), the general rule that CEOA only applies to projects that may have an effect on the environment . SECTION 3: The Citsy CounciL of Ehe City of Vernon hereby 2 approves the Citsy's participatsion in the 2014 SHSP Grant. SECTION 4: The City Council of tshe CiEy of Vernon hereby approves the subrecipienE Agreement with the CounEy of Los Angeles, in substantialty the same form as Ehe copy which is attached hereE.o as Exhibit A. SECTIoN 5: The City Councif of the CiEy of vernon hereby authorizes Ehe Mayor or Mayor Pro-Tem t,o execute the Agreement for, and on behalf of, the CiEy of vernon and the City C1erk, or Deputy CiEy Clerk, is hereby authorized to aEtest thereto. SECTIoN 5: The CiEy Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever action is deemed necessary or desirable for the purpose of implementing and carrying out the purposes specified in tshe Agreement, including without fimitation, the execution of any and al-l- documents necessary for the purpose of securing grant funds for, and on behalf of, the Citsy of Vernon. SECTION 7: The City Council of the City of Vernon hereby directs tshe City clerk, or the DepuEy City C1erk, to submiE the Agreement, executed by the City, and rel-ated documents Eo the County of Los Angeles . 3 SECTION 8: The City Clerk, or Deputy City C1erk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City C1erk, ot Deputy City C1erk, of the City of Vernon shall 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 AND ADOPTED this 7th day of Ju1y , 201-5. Name: Title: Mayor / lttayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: -4 STATE OF CALTFORNIA ) ) ss COUNTY OF LOS ANGELES ) I,, City Cferk / DepuEy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council- of Ehe City of Vernon ats a regular meeting of the CiEy Council duly held on Tuesday, J:uly 7, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of Ju1y, 2015, ats Vernon, Cal-ifornia. City Clerk / DepuEy City Cferk (sEAr,) 5 EXHIBIT A HOA I t60587 I SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF VERNON THIS AGREEMENT ("Agreement") ls made and entered into by and between the County of Los Angeles, a political subdivision of the State of California (the "County of Los Angeles"), and the City of Vernon, a public agency (the "Subrecipient")' WlINE9SEIH WHEREAS, the U.S. Department of Homeland security Title 44 C.F.R. through the Office of Grants and Training (G&T), has provided financial assistance from the State Homeland security Program (sHSP), Catalog of Federal Domestic Assistance (CFDA) 97.067 directly to ihe California Governor's Office of Emergency Services (Cal OES) for the 2014 SHSP; and WHEREAS, the Cal oES provides said funds to the county of Los Angeles as its subgrantee, and the chief Executive officer (cEo) is responsible for managing and overieeing the SHSP funds that are distributed to other specified jurisdictions within Los Angeles County; and WHEREAS, this financial assistance is being provided to the Subrecipient in order to address the unique equipment, training, organization, exercise and planning needs of the Subrecipient, and to assist the Subrecipient in building effective prevention and protection capabiliiies to prevent, respond to, and recover from threats or acts of tenorism; and WHEREAS, the County of Los Angeles as subgrantee has obtained approval of the 2014 SHSP grant from cal oES for the subrecipient in the amount of $300,000; and WHEREAS, the CEO now wishes to distribute 2014 SHSP grant funds to the Subrecipient, as further detailed in this Agreement; and WHEREAS, the CEO is authorized to enter into subrecipient agreements with cities providing for re-allocation and use of these funds; and to execute all future amendments, modifications, extensions, and augmentations relative to the subrecipient agreements, as necessary; and WHEREAS, the County of Los Angeles and Subrecipient are desirous of executing this Agreement, and the County of Los Angeles Board of Supervisors on December 2' 2014 authorized the CEO to prepare and execute this Agreement. NOW, THEREFORE, the County of Los Angeles and Subrecipient agree as follows: HOA.1 160587.1Grants/SHSP 2014lSubrecipient Agreements/ yerron Agreement 1 SECTION I INTRODUCTION S101 . Parties to this Aoreement The parties to this Agreement are: A. county of Los Angeles, a political subdivision of the state of califomia, having its princifal office at Kenneth Hahn Hall of Administration, 500 West Temple Street, Los Angeles, CA 90012; and B. City of Vemon, a public agency, having its principal office at 4305 South Santa Fe Avenue, Vemon, CA 90058. $102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications must be given are as follows: 1. The representative of the county of Los Angeles is, unless otheMise stated in this Agreement: Alvia Shaw, lnterim Director Chief Executive Office, Los Angeles County (LAC) 222 S. HilStreet, 2nd Floor Los Angeles, CA 90012 Phone: (213) 974-7315 Fax: (213) 687-3765 ashaw@ceo.lacounty. gov With a coPY to: Craig Hirakawa, Grants Manager Chief Executive Office, LAC 2225. Hill Street, 2nd Floor Los Angeles, CA 90012 Phone: (213) 974-1127 Fax: (213)687-3765 chirakawa@ceo.lacountY. gov 2 HOA.1 160587.l Grants/SHSP 20'14lsubreclplent Agreements/ yerro, Agreem ent Name and Title: Organization/DUNS # Address: City/State/Zip: Phone: Fax: Email: 2. The representative of Subrecipient is: With a copy to; Name and Title: Organization/DUNS # Address: City/State/Zip: Phone: Fax: Email: Formal notices, demands and communications to be given hereunder by either party must be made in writing and may be effected by personal delivery, regular U'S. Postal mail service and/or e-mail. ln the event of personal delivery or email, the message will be deemed communicated upon receipt by the County of Los Angeles. ln the event of mail service, the message will be deemed communicated as of the date of mailing' lf the name andior title of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice must be given, in accord with this section, within five (5) business days of said change. B. C. 3 HOA.l 1 60587.1 GrantsiSHSP 201 4/Subrecipient Agreemenls/ vernon Agreement $103. lndependent Partv Subrecipient is acting hereunder as an independent party, and not as an agent or employee of the County of Los Angeles. An employee of Subrecipient is not, and will not be deemed, an employee of the County of Los Angeles by virtue of this Agreement, and Subrecipient must so inform each employee organization and each employee who is hired or retained under this Agreement. Subrecipient must not represent or othenrvise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the County of Los Angeles by virtue of this Agreement. $104. Conditions Precedent to Execution of This Aqreement Subrecipient must provide the following signed documents to the County of Los Angeles, unless otherwise exempted: A. Certifications and Disclosures Regarding Lobbying, attached hereto as Exhibit A and made a part hereof, in accordance with $41 1 .A.14 of this Agreement. subrecipient must also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by Subrecipient. B. Certifications Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion, attached hereto as Exhibit B and made a part hereof, as required by Executive order 12549 in accordance with $41 1.A.12 of this Agreement. C. Certification Regarding Drug-Free Workplace, attached hereto as Exhibit C and made a part hereof, in accordance with $41 1 .A'13 of this Agreement' D. Certification of Grant Assurances - Non-Construction Programs, attached hereto as Exhibit D and made a part hereof, in accordance with $41 1.C of this Agreement. SECTION II TERM AND SERVICES TO BE PROVIDED $201 . Performance Period The performance period of this Agreement is from September 1'2014lo March 31 , 2016, unless the County of Los Angeles, with Cal OES approval, provides written notification to the Subrecipient that the performance period has been extended, in which case the performance period will be so extended by such written notification, as provided in 5502, below. 4 HOA.l '160587.l Grants/SHSP 2014/Subrecipient Agreements/ yernon Agreement s202. A. B. c. Use of Grant Funds Subrecipient and the County of Los Angeles have previously completed a mutually approved budgeUexpenditure plan, hereinafter "Budget," for the 2014 SHSP, which has been approved by Cal OES. This information is contained in a copy of the Final Grant Award Lefter and Worksheet, attached hereto as Exhibit E. Any request by Subrecipient to modify the Budget must be made in writing with the appropriate justification and submitted to CEO for approval. lf during the County of Los Angeles review process, additional information or documentation is required, the Subrecipient will have ten (10) business days to comply with the request. lf the Subrecipient does not comply with the request, CEO will issue written notification indicating that the requested modification will not be processed. Modifications must be approved in writing by the county of Los Angeles and cal oES during the term of this Agreement. Upon approval, all other terms of this Agreement will remain in effect. Subrecipient must utilize grant funds in accordance with all Federal regulations and State Guidelines. Subrecipient agrees that grant funds awarded will be used to supplement existing funds for program activities, and will not supplant (replace) non-Federal funds. Subrecipient must review the Federal Debarment Listing at https://wwv.sam.qov/portal/SAM/#'1 prior to the purchase of equipment or services to ensure the intended vendor is not listed and also maintain documentation that the list was verified. Prior to the purchase of equipment or services utilizing a sole source contract of $1OO,OOO or more, justification must be presented to CEO, who upon review will request approval from cal oES. Such approval in writing must be obtained prior to the commitment of funds. subrecipient must provide any reports requested by the county of Los Angeles to the cEo indicating subrecipient's performance under this Agreement, including progress on meeting program goals. Reports must be in the form requested by the County of Los Angeles, and must be provided by the 15m of the following month. Subrecipient must submit claims for reimbursement in a timely manner. subrecipient must provide an electronic copy of their Annual single Audit Report, as required by Office of Management and Budget Circular A-133, to CEO no later than March 31st of the year following the reporting period. subrecipient will be monitored by the county of Los Angeles on an annual basis to ensure compliance with Cal OES grant program requirements. The County of Los Angeles anticipates that said monitoring will include, at a minimum, one on-site visit during the term of this Agreement. D. E. F. G. A HOA.1160587.'l Grants/SHSP 20'14lSubrecipient Agreements/ yorno, Agreement Subrecipient must provide a Corrective Action Plan to CEO within 30 days of any audit finding. Any equipment acquired pursuant to this Agreement must be authorized in the G&T Authorized Equipment List (AEL) available online at and the Funding Guidelines of the 2014 SHSP, Funding Opportunity Announcement, incorporated by reference, and attached hereto as Exhibit F. Subrecipient must provide the CEO a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet or exceed the minimum Federal requirements. Federal procurement requirements for the 2014 SHSP can be found at Office of Management and Budget Circular A-102, Title 44 C.F.R. Part 13. Any equipment acquired or obtained with Grant Funds: 1. Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant; 2. Will be consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that plan; 3. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. Equipment acquired pursuant to this Agreement will be subject to the requirements of Title 44, C.F.R. Part 13.32. For the purposes of this subsection, "Equipment" is defined as tangible nonexpendable property, having a useful life of more than one yearwhich costs $5,000 or more per unit. ltems costing less than $5,000, but acquired under the "Equipment" category of the Grant must also be listed on any required Equipment Ledger. 1. Equipment must be used by Subrecipient in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed forthe original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency. 2. Subrecipient must make Equipment available for use on other like projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use must be given to other programs or projects supported by the awarding agency. H. I. J. HOA.1 160587.1Grants/SHSP 2014lSubreciplent Agreements/ yerro, Agreement o 3. An Equipment Listing must be maintained listing each item of Equipment acquired with SHSP funds. The Equipment Listing must be kept up to date at all times. Any changes must be recorded in the Listing within ten (10) business days and the updated Listing is to be fonvarded to the County of Los Angeles Auditor-Controller Shared Services Division. The Equipment Property Records must be maintained that include: (a) a description of the property, (b) a serial number or other identification number, (c) the source of property, (d) who holds title, (e) the acquisition date, (f) and cost of the property, (g) percentage of Federal participation in the cost of the property, (h) the location, (i) use and condition of the property, O and any ultimate disposition data including the date of disposal and sale price of the property. Records must be retained by the subrecipient pursuant to Title 44, Parl 13.32 (d) (1 ) of the Code of Federal Regulations. 4. All Equipment obtained under this Agreement must have an appropriate identification decal affixed to it, and, when practical, must be affixed where it is readily visible. 5. A physical inventory of the Equipment must be taken by the Subrecipient and the results reconciled with the Equipment Listlng at least once every two years or prior to any site visit by State or Federal auditors/monitors. The Subrecipient is required to submit a letter certifying as to the accuracy of the Equipment Listing to the CEO, in the frequency as above. K. Any planning paid pursuant to this Agreement must conform to the guidelines as listed in 2014 SHSP, Funding Opportunity Announcement or subsequent grant year programs. L. Any training paid pursuant to this Agreement must conform to the guidelines as listed in 2014 SHSP, Funding Opportunity Announcement, and must be first submitted to CEO and then pre-authorized by Cal OES. A catalog of federally approved and sponsored training courses is available at https://wvw.firstrespondertraininq.qov/cataloo.do?a=federal. M. Any exercise paid pursuant to ihis Agreement must conform to the guidelines as listed in 2014 SHSP, Funding Opportunity Announcement. Detailed Homeland Security Exercise and Evaluation Program Guidance is available at https://hseep. preptoolkit.orq/. N. Subrecipient must provide to cEo a spending plan detailing the required steps and timeframes required to complete the approved projects within the grant timeframe. subrecipient must submit the spending plan to cEo prior to final execution of the Agreement. O. Any organization activities paid pursuant to this Agreement must conform to the guidelines as listed in 2014 SHSP, Funding Opportunity Announcement. HOA.'1160587.1Grants/SHSP 2014/Subrecipient Agreements/ verno, Agreement 7 P. Any personnel activities paid pursuant to this Agreement must conform to the guidelines as listed in2014 SHSP, Funding Opportunity Announcement. SECTION III PAYMENT $301. Pavment of Grant Funds and Method of Pavment A. The County of Los Angeles will reimburse Subrecipient up to the maximum grant amount of $300,000 as expenditures are incurred and paid by Subrecipient and all documentation is reviewed and approved by County of Los Angeles. All expenditures must be for the purchase of equipment, exercises, training, and planning as described in Section ll of this Agreement. The grant amount represents the amount allocated to Subrecipient in the 2014 SHSP Grant Award Letter from Cal OES. B. Subrecipient must submit reimbursement requests to the County of Los Angeles Auditor-Controller Shared Services Division requesting payment as soon as expenses are incurred and paid, and the required supporting documentation is available. Said timeframe should be within ten (10) business days of Subrecipient's payment to vendors and/or prescribed due dates by CEO and/or Cal OES. Each reimbursement request must be accompanied by the Reimbursement Form (attached hereto as Exhibit G). All appropriate back-up documentation must be attached to the reimbursement form, including purchase orders, invoices, report of goods received, and proof of payment. For training reimbursements, Subrecipient must include a copy of the class roster verifying training attendees, proof that prior approval was obtained from cal oES and that a Cal OES tracking number has been assigned to the course, and timesheets and payroll registers for all training attendees. For exercise reimbursements, Subrecipient must enter the After Action Report (AAR) and lmprovement Plan on the State Office of Domestic Preparedness secure portal within 60 days following completion of the exercise and submit proof of State approval of the AAR with the reimbursement request. For planning reimbursements, Subrecipient must include a copy of the final tangible product as a result of the planning project. C. The County of Los Angeles may, at its discretion, and with Cal OES approval, reallocate unexpended grant funds to another subrecipient. Said reallocation may occur upon completion of an approved project, or by written notification from the Subrecipient to the County of Los Angeles that a portion of the grant funds identified in S301.A., above, will not be utilized. As provided in $502, below, any increase or HOA.l'160587 'l Grants/SHSP 20'14lsubrecipient Agreements/ yerro, Agreement decrease in the grant amount specified in $301 .A., above, may be effectuated by a written notification by the County of Los Angeles to the Subrecipient' D. Payment of reimbursement request will be withheld by the County of Los Angeles until the County of Los Angeles has determined that Subrecipient has tumed in all supporting documentation and completed the requirements of this Agreement. E. lt is understood that the County of Los Angeles makes no commitment to fund this Agreement beyond the terms set forth herein. F. 1 . Funding for all periods of this Agreement is subject to continuing Federal appropriation of grant funds for this program. ln the event of a loss or reduction of Federal appropriation of grant funds for this program, the Agreement may be terminated, or appropriately amended, immediately upon notice to subrecipient of such loss or reduction of Federal grant funds' 2. County of Los Angeles will make a good-faith effort to notify Subrecipient, in writing, of such non-appropriation at the earliest time. SECTION IV STANDARD PROVISIONS $401 . Construction of Provisions and Titles Herein All titles or subtitles appearing herein have been inserted for convenience and do not, and will not be deemed to, affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement will be construed according to its fair meaning and not strictly for or against either party. $402. Applicable Law. lnteroretation and Enforcement Each party's performance hereunder must comply with all applicable laws of the United Stites of America, the State of California, and the County of Los Angeles. This Agreement will be enforced and interpreted, as applicable, under the laws of the united states of America, the state of califomia and the county of Los Angeles. lf any part, term or provision of this Agreement is held void, illegal, unenforceable, or in confiict with any law of a Federal, State or Local Government having jurisdiction over this Agreement, the validity of the remainder of the Agreement will not be affected thereby. Applicable Federal or State requirements that are more restrictive will be followed. HOA.1 160587.1Grants/SHSP 2014/Subrecipient Agreements/ yelro, Agreement I $403. lnteqrated Aqreement This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein. $404. Breach lf any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in all events, no party may recover more than once, suffer a penalty or forfeiture, or be unjustly compensated. $405. Prohibition Aqainst Assiqnment or Deleqation Subrecipient may not do any of the following, unless it has first obtained the written permission of the County of Los Angeles: A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or B. Delegate, subcontract, or otherwise transfer any of its duties hereunder' 5406. Permits subrecipient and its officers, agents and employees must obtain and maintain all permits and licenses necessary for Subrecipient's performance hereunder and must pay any fees required therefor. Subrecipient further certifies that it will immediately noiiry tne County of Los Angeles of any suspension, termination, lapse, non-renewal or restriction of licenses, certificates, or other documents. $407. Nondiscrimination and Affirmative Action Subrecipient must comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the County of Los Angeles. ln performing this Agreement, Subrecipient must not discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion, natlonal origin, ancestry, sex' sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status or medical condition. Subrecipient must comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60)' HOA.1 160587.1Grants/SHSP 2014lSubrecipient Agreements/ ye.non Agreement 10 lf required, Subrecipient must submit an Equal Employment Opportunity PIan to the Department of Justice Office of Civil Rights in accordance with guidelines listed at http://www.oio. usdoi.qov/abouUocr/eeoo. htm. Any subcontract entered into by the Subrecipient relating to this Agreement, to the extent allowed hereunder, will be subject to the provisions of this $407 of this Agreement. $408. lndemnification Each of the parties to this Agreement is a public entity. This indemnity provision is written in contemplation of the provisions of Section 895.2 of the Govemment Code of the State of Califomia, which impose certain tort liability jointly upon public entities, solely by reason of such entities being parties to an agreement, and the parties agree that this indemnity provision will apply and will be enforceable regardless of whether Section 895 et seq. is deemed to apply to this Agreement. The parties hereto, as between themselves, consistent with the authorization contained in Govemment Code Sections 895.4 and 895.6 agree to each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Government Code Section 895.2. To achieve the above-stated purpose, each party agrees to indemnify and hold harmless the other party for any liability arising out of its own negligent acts or omissions in the performance of this Agreement (i.e., the Subrecipient agrees to indemnify and hold harmless the County of Los Angeles for liability arising out of the Subrecipient's negligent or wrongful acts or omissions and the County of Los Angeles agrees to indemnify and hold harmless the Subrecipient for liability arising out of the County of Los Angeles' negligent or wrongful acts or omissions). Each party further agrees to indemnify and hold harmless the other party for liability that is imposed on the other party solely by virtue of Government Code Section 895.2. The provisions of Section 2778 ot the California Civil Code are made a part hereof as if fully set forth herein. Subrecipient certifies that it has adequate self-insured retention of funds to meet any obligation arising from this Agreement. 9409. Conflict of lnterest A. The Subrecipient covenants that none of its directors, officers, employees, or agents may participate in selecting, or administrating, any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the 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 person's immediate family, or domestic partner or organization has a financial interest in the subcontract; HoA.1160587.'l Grants/SHSP 20'14lsubrecipient Agreements/ yerno, Agreement 11 2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or 3. The participation of such person would be prohibited by the Califomia Political Reform Act, California Government Code $87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract. Definitions: 1. The term "immediate family" means domestic partner and/or those persons related by blood or marriage, 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 indirect financial interest in the specific contract, including but not limited to, a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward. b. Any of the following interests in the subcontractor ownership: partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body. The Subrecipient further covenants that no officer, 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). The Subrecipient 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 Subrecipient. Prior to obtaining the County of Los Angeles' approval of any subcontract, the Subrecipient must disclose to the County of Los Angeles any relationship, financial or otherwise, direct or indirect, of the Subrecipient or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees. For further clarification of the meaning of any of the terms used herein, the parties agree that references are made to the guidelines, rules, and laws of the County of Los Angeles, State of California, and Federal regulations regarding conflict of interest. The Subrecipient warrants 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 Agreement. B. C. D. E. F. G. HOA.1 '160587.1Grants/SHSP 2014/Subrecipient Agreements/ yerron Agreement 12 H. The Subrecipient covenants that no member, officer or employee of Subrecipient may have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter. l. The Subrecipient must incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this grant and must substitute the term "subcontractor" for the term "Subrecipient" and "sub subcontracto/' for "Subcontractor". €410. Restriction on Disclosures Any reports, analyses, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the Califomia Public Records Act (California Govemment Code Sec. 6250 et seq.). Q41 1. Statutes and Requlations Applicable To All Grant Contracts A. Subrecipient must comply with all applicable requirements of State, Federal, and County of Los Angeles laws, executive orders, regulations, program and administrative requirements, policies and any other requirements goveming this Agreement' subrecipient must comply with applicable state and Federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. subrecipient must comply with new, amended, or revised laws, regulations, andior procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: 1. Office of Manaoement and Budoet (OMB) Circulars Subrecipient must comply with OMB Circulars, as applicable: OMB Circular A-21 (Cost Principles for Educational lnstitutions); OMB Circular A-87 (Cost Principles for State, Local, and lndian Tribal Govemments); OMB Circular A-102 (Grants and Cooperative Agreements with State and Local Governments); Common Rule, Subpart C for public agencies or OMB Circular A-1 10 (Uniform Administrative Requirements for Grants and Other Agreements with lnstitutions of Higher Education, Hospitals and Other Non-Profit Organizations); OMB Circular A-122 (Cost Principles for Non-Profit Organizations); OMB Circular A-133 (Audits of States, Local Govemments, and Non-Profit Organizations. 2. Sinole Audit Act Since Federal funds are used in the performance of this Agreement, Subrecipient must, as applicable, adhere to the rules and regulations of the Single Audit Act (31 USC Sec. 7501 et seq.), OMB Circular A-133 and any administrative regulation or field memos implementing the Act. HOA.1'160587.'l Grants/SHSP 2014lSubreciprent Agreements/ yel',1o, Agreement 13 3. Americans with Disabilities Act Subrecipient hereby certifies that, as applicable, it will comply with the Americans with Disabilities Act 42, USC SS12101 et seq., and its implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act. Subrecipient will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by Subrecipient, relating to this Agreement, to the extent allowed hereunder, will be subject to the provisions of this paragraph. 4. Political and Sectarian Activitv Prohibited None of the funds, materials, property or seryices provided directly or indirectly under this Agreement may be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Neither may any funds provided underthis Agreement be used for any purpose designed to support or defeat any pending legislation or admlnistrative regulation. None of the funds provided pursuant to this Agreement may be used for any sectarian purpose or to support or benefit any sectarian activity. Subrecipient must file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure orwhich materially affects the accuracy of any of the information contained in any Disclosure Form previously filed by Subrecipient. Subrecipient must require that the language of this certification be included in the award documents for all sub-awards at all tiers and that all subcontractors certify and disclose accordingly' 5. Records lnspection At any time during normal business hours and as often as either the County of Los Angeles, the U.S. Comptroller General orthe Auditor General of the State of California may deem necessary, Subrecipient must make available for examination all of its records with respect to all matters covered by this Agreement. The County of Los Angeles, the U.S. Comptroller General and the Auditor General of the State of California have the authority to audit, examine and make excerpts or transcripts from records, including all Subrecipient's invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement' Subrecipient agrees to provide any reports requested by the County of Los Angeles regarding performance of this Agreement. HOA.'1'160587 lGrants/SHSP 2014lSubrecipient Agreements/ yeaon Agreement 14 Records Maintenance Records, in their original form, must be maintained in accordance with requirements prescribed by the County of Los Angeles with respect to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records must be retained for a period five (5) years after termination of this Agreement and after final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. The County of Los Angeles may, at its discretion, take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Agreement, must at all times be retained within the County of Los Angeles unless authorization to remove them is granted in writing by the County of Los Angeles. Subcontracts and Procurement Subrecipient must, as applicable, comply with the Federal, State and County of Los Angeles standards in the award of any subcontracts. For purposes of this Agreement, subcontracts include but are not limited to purchase agreements, rental or lease agreements, third pa rty agreements, consultant service contracts and construction subcontracts. Subrecipient must, as applicable, ensure that the terms of this Agreement with the County of Los Angeles are incorporated into all Subcontractor agreements. The Subrecipient must submit all Subcontractor agreements to the County of Los Angeles for review prior to the release of any funds to the Subcontractor. The Subrecipient must withhold funds to any Subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor agreement. Labor Subrecipient must, as applicable, comply with the lntergovernmental Personnel Act of 1970 (42 U.S.C. 554728-4763) relating to prescribed requirements for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System Personnel Administration (5 C.F.R. 900, Subpart F). Subrecipient must, as applicable, comply with the provisions of the Davis-Bacon Act (40 U.S.C. $$276a to 276a-7); the Copeland Act (40 U.S.C. $276c and 18 U.S.C. S87a); the Contract Work Hours and Safety Standards Act (40 U.S.C. SS327-333), regarding labor standards for federally-assisted construction subagreements; and the Hatch Act (5 USC SS1501-1508 and7324-7328). Subrecipient must, as applicable, comply with the Federal Fair Labor Standards Act (29 U.S.C. $201) regarding wages and hours of employment. 6. 7. 8. HOA.1 160587.1Grants/SHSP 2014lSubrecipient Agreements/ yerno, Agreement 15 None of the funds may be used to promote or deter union/labor organizing activities. CA Gov't Code Sec. 16645 et seq. Civil Riohts Subrecipient must, as applicable, comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title Vl of the Civil Rights Act of 1964 (P.1. 88-352), which prohibits discrimination on the basis of race, color or national origin; (b) Title lX of the Education Amendments of 1972, as amended (20 U.S.C. SS1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. $794), which prohibits discrimination on the basis of disabilities; (d) the Age Discrimination act of 1975, as amended (42 U.S.C. 5561 01-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Adof 1972 (P.1.92-255), as amended, relatlng to nondlscrimination on the basis of drug abuse; (0 the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) $$523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. SS290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vlll of the Civil Rights Act of 1968 (42 U.S.C. $$3601 et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; (j) the requirements of any other nondiscrimination statute(s) that may apply to the application; and (k) P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. Environmental Subrecipient must, as applicable, comply, or has already complied, with the requirements of Titles ll and lll of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.1. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. Subrecipient must, as applicable, comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-1 90) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 1 1990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 9. 10. HOA.1 160587.1Grants/SHSP 2014lSubrecipient Agreements/ yerno, Agreement 16 1972 (16 U.S.C. SS1451 et seq.); (f) conformity of Federal actions to State (Clean Air) lmplementation Plans under Section 176(c) of the Clean AirAct of 1955, as amended (42 U.S.C. SS7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93205); and (i) Flood Disaster Protection Act of 1973 $102(a) (P.L. 93-234)' Subrecipient must, as applicable, comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. SS1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. Subrecipient must, as applicable, comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. SS4801 et seq.), which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. Subrecipient must, as applicable, comply with the Federal Water Pollution Control Act (33 U.S.C. $1251 et seq.), which restores and maintains the chemical, physical and biological integrity of the Nation's waters. subrecipient must, as applicable, ensure that the facilities under its ownership, lease or supervision that are utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violatlng Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. By signing this Agreement, Subrecipient wanants and represents that it will, as aipliiable, comply with the Califomia Environmental Quality Act (CEQA), Public Resources Code $21000 et seq. Subrecipient must, as applicable, comply with the Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871 ). Subrecipient must , as applicable, comply with the provision of the Coastal Banier Resources Act (P.L. 97-348) dated October 1 9, 1982 (16 USC 3501 et. seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Banier Resources System. 11 . Preservation Subrecipient must, as applicable, comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 5470), EO 1 1 593 (identification and protection of historic propedies), and the Archaeological and Historic Preservation Act of 1 974 (16 U.S.C. SS469a-1 et seq.). HOA.'1160587.'l Grants/SHSP 2014lSubrecipient Agreements/ yerno, Agreement tt 12. Suspension. Debarment. lneliqibilitv and Voluntarv Exclusion Subrecipient must, as applicable, comply with Title 2 C.F.R. Part $3000, regarding Suspension and Debarment, and Subrecipient must submit a Certification Regarding Debarment, attached hereto as Exhibit B, required by Executive Order 12549 and any amendment thereto. Said Certification must be submitted to the County of Los Angeles concurrent with the execution of this Agreement and must certify that neither Subrecipient nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department head or agency. Subrecipient must require that the language of this Certification be included in the award documents for all sub-award at all tiers and that all subcontractors certify accordingly. 13. Druq-FreeWorkplace Subrecipient must, as applicable, comply with the federal Drug-Free Workplace Act of 1988, 41 USC $701 , Title zM Code of Federal Regulations (CFR) Part gl 7; the Califomia Drug-Free Workplace Act of 1990, CA Gov't Code $$8350- 8357, and Subrecipient must complete the Certification Regarding Drug-Free Workplace Requirements, attached hereto as Exhibit C, and incorporated herein by reference. Subrecipient must require that the language of this Certification be included in the award documents for all sub-award at all tiers and that all subcontractors certify accordingly. 14. LobbvinqActivities Subrecipient must, as applicable, comply with 31 U.S.C.1352 and complete the Disclosure of Lobbying Activities, (OMB 0038-0046), attached hereto as Exhibit A, and incorporated herein by reference. 15. Miscellaneous Subrecipient must, as applicable, comply with the Laboratory Animal Welfare Act of 1966, as amended (P.1. 89-544, 7 USC SS21 31 et seq.). B. Statutes and Regulations Applicable To This Particular Grant Agreement Subrecipient must comply with all applicable requirements of State and Federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program. Subrecipient must, as applicable, comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: Tille 44 CFR Part 13: EO 12372; U.S. Department of Homeland Security, Office of State and Local Government Coordination and Preparedness, Office for Domestic Preparedness, ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights. HOA.1 160587 l Grants/SHSP 2014lSubrecipient Agreements/ ye.noa Agreem ent 1B Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, 58607.1(e) and ccR Title 19, ss2445-2448. Provisions of Title 2, 6, 28, 44 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice lnformation Systems; Parl22, Confidentiality of ldentifiable Research and Statistical lnformation; Parl23, Criminal lntelligence Systems Operating Policies; Part 30, lntergovernmental Review of Department of Justice Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; Part 38, Equal Treatment of Faith-based Organizations; Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures; Part 61 , Procedures for lmplementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; Part 64, Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to Federal Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub-awards) with lnstitutions of Higher Learning, Hospitals and other Non- Profit Organizations; and Part 83, Government-Wide Requirements for a Drug Free Workplace (grants). Nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, orthe Victims of Crime Act, as appropriate; the provisions of the current edition of the ffice of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable Federal laws, orders, circulars, or regulations. 1. Travel Expenses Subrecipient, as provided herein, will be compensated for Subrecipient's reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otheruvise expressed. Subrecipient's total travel for in-State and/or out-of-State and per diem costs must be included in the contract budget(s). All travel, including out-of-State travel, that is not included in the budget(s) will not be reimbursed without prior written authorization from the County of Los Angeles. Subrecipient's administrative-related travel and per diem reimbursement costs will not be reimbursed. For programmatic-related travel costs, Subrecipient's reimbursement rates may not exceed the amounts established under the grant. HOA.1 160587 'l Grants/SHSP 2014/Subrecipient Agreements/ yerro, Agreement 19 2. Noncompliance Subrecipient understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds, and repayment by the Subrecipient to the County of Los Angeles of any unauthorized expenditures. C. Compliance With Grant Requirements To obtain the grant funds, the State required an authorized representative of the County of Los Angeles to sign certain promises regarding the way the grant funds would be spent. These requirements are included in the 2014 Funding Opportunity Announcement and in the "Grant Assurances", attached hereto as Exhibit D. By signing these Grant Assurances and accepting the Funding Opportunity Announcement, the County of Los Angeles became liable to the State for any funds that are used in violation of the grant requirements. Subrecipient will be liable to the Grantor for any funds the State determines that Subrecipient used in violation of these Grant Assurances- Subrecipient agrees to indemnify and hold harmless the County of Los Angeles for any sums the State or Federal government determines Subrecipient used in violation of the Grant Assurances. $412. Federal. State and Local Taxes Federal, State and local taxes are the responsibility of the Subrecipient as an independent party and not of the County of Los Angeles and must be paid prior to requesting reimbursement. However, these taxes are an allowable expense under the grant program. 9413. lnventions. Patents and Copvriqhts A. Reporting Procedure for lnventions lf any project produces any invention or discovery ("lnvention") patentable or othenrvise under Title 35 of the U.S. Code, including, without limitation, processes and business methods made in the course of work underthis Agreement, the Subrecipient must report the fact and disclose the lnvention promptly and fully to the County of Los Angeles. The County of Los Angeles will report the fact and disclose the lnvention to the State. Unless there is a prior agreement between the County of Los Angeles and the State, the State will determine whether to seek protection on the lnvention. The State will determine how the rights in the lnvention, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the policy ("Policy") embodied in the Federal Acquisition Regulations System, which is based on Ch. 18 of Title 35 U.S.C. Sections 200 et seq. (Pub. L. 95-517, Pub. L. 98-620, Title 37 CFR Part 401); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated 211811983); and Executive Order 12591 ,4110187, 52FR13414, Title 3 CFR, 1987 Comp., p.220 (as amended by Executive Order 12618, 12122187, 52 FR 48661, Title 3 CFR, 1987 Comp., p. 262). Subrecipient HOA.1 160587.1Grants/SHSP 2014lSubrecipient Agreements/ ye.ron Agreement 20 hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy. B. Rights to Use lnventions County of Los Angeles will have an unencumbered right, and a non-exclusive, inevocable, royalty-free license to use, manufacture, improve upon, and allow others to do so for all government purposes, any lnvention developed under this Agreement. C. Copyright Policy 1. Unless otherwise provided by the State orthe terms of this Agreement, when copyrightable material ("Material") is developed underthis Agreement, the County of Los Angeles, at its discretion, may copyright the Material. lf the County of Los Angeles declines to copyright the Material, the County of Los Angeles will have an unencumbered right, and a non-exclusive, inevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement. 2. The State will have an unencumbered right, and a non-exclusive, inevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do so for all govemment purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement. 3. Subrecipient must comply with Title 24 CFR 85.34. D. Rights to Data The State and the County of Los Angeles will have unlimited rights or copyright license to any data first produced or delivered under this Agreement. "Unlimited rights" means the right to use, disclose, reproduce, prepare derivative works, disfrlbufe copies to the public, and perform and display publicly, or permit others to do so; as required by Title 48 CFR 27.4O1. Where the data are not first produced under this Agreement or are published copyrighted data with the notice of 17 U.S.C. Section 401 or 402, the State acquires the data under a copyright license as set forth in Title 48 CFR27.404(f)(2) instead of unlimited rights. (Title 48 CFR 27.4O4(a)). E. Obligations Binding on Subcontractors Subrecipient must require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts. $414. Child Supoort Assiqnment Orders Under the terms of this Agreement, Subrecipient must, as applicable, comply with California Family Code Section 5230 et seq. HOA.1 160587.1Grants/SHSP 2014lsubreclpient Agreements/ yelro, Agreement 21 $415. Minoritv, Women. And Other Business Entemrise Outreach Prooram It is the policy of the County of Los Angeles to provide Minority Business Enterprises, Women Business Enterprises and all other business enterprises an equal opportunity to participate in the performance of all Subrecipient's contracts, including procurement, construction and personal services. This policy applies to all of the Subrecipient's contractors and sub-contractors. SECTION V DEFAULTS. SUSPENSION. TERMINATION, AND AMENDMENTS $501 . Defaults Should either party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the non-breaching party reserves the right to terminate the Agreement, reserving all rights under State and Federal law. $502. Amendments Except as otherwise provided in this paragraph, any change in the terms of this Agreement, including changes in the services to be performed by Subrecipient, that are agreed to by the Subrecipient and the County of Los Angeles must be incorporated into this Agreement by a written amendment properly signed by persons who are authorized to bind the parties. Notwithstanding the foregoing, any increase or decrease of the grant amount specified in $301.A., above, or any extension of the performance period specified in $201 , above, does not require a written amendment, but may be effectuated by a written notification by the County of Los Angeles to the Subrecipient. SECTION VI ENTIRE AGREEMENT 5601 . Complete Aqreement This Agreement contains the full and complete Agreement between the tvvo parties. Neither verbal agreement nor conversation or other communication with any officer or employee of either party will affect or modify any of the terms and conditions of this Agreement. $602. Number of Paoes and Attachments This Agreement may be executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreement includes (23) pages and (7) Exhibits which constitute the entire understanding and agreement of the parties. HOA.1 160587 l Grants/SHSP 20'14/Subrecipient Agreem entrs/ yerron Agreement 22 lN fiITNESS WHEREOF, the Subrecipient and county of Los Angeles have caused this Agreement to be executed by their duly authorized representatives' COUNTY OF LOS ANGELES BY BYBY SACHI A. HAMAI lnterim Chief Executive Officer Date PATRICK OGAWA JOHN NAIMO Acting Executive Officer, Board of Supervisors Auditor-Controller APPROVED AS TO FORM MARK J. SALADINO County Counsel Deputy County Counsel BY City Representative/Title (signature) (Print Name) APPROVED AS TO FORM Date City Attorney (signature) (Pnnt Name) AfiEST Date BY HOA.1 160587.1Granis/SHSP 20'14lSubrecipient Agreements/ yernon Agreement Date z5 City Clerk (sisnature)(Print Name) EXHIBITS Exhibit A Certification and Disclosures Regarding Lobbying Exhibit B Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion Lower Tier Covered Transactions and Exhibit C Certification Regarding Drug-Free Workplace Exhibit D Certification of Grant Assurances Exhibit E Final Grant Award Letter and Worksheet Exhibit F Funding Guidelines Exhibit G Reimbursement Form and lnstructions HOA.'1160587.1 EXHIBIT A Gal OES 2-232 Approvad by OMB o3a&0046 DISCLOSURE OF LOBBYING ACTIVITIES 31 U.S.C.1 f-l ". initialfilins - b. material cfrange For llaterld ChanP OnlY: Year - Ouarter date of last rePort 1. Typo of Federal Actlonl a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2, Status of Federal Action: lf ReoortinE Entitv ln No' 4ls Subawardee, eiter Naimc anf Addrrss of Prime: Congresslonal Distict lf known: 4. Name and Addrese of Reportlng Entity: ,J erime i',:l suuawaruee Tlst, lfknown: Congressional Distsict, if known: 7. Federa! Program Name/Description: 9. Award funount, lf known:8, Federal Action Numbar, il known: b. lndlvlduab Performing Servlcec (ast name, f rst namc, Ml - include address il diftrent fom 10a) bbYlng EntltY me, Ml): ncccsNrIY) t3.Typo of Payment (check all that apply): iJ a. retainer l-l b. on+'time fee iJ c. commission :J d. coniingerd fee l--j e. defened lJ t. ottrer; speciff: l'1 . Amount of Payment (check all that apPly) ; 12. F offn of Payment (check all that apPly): ,-j. a. castr '_-j o. in-tina; speciff: t4. Brief Description of Services Performed 9r t9- be Peilormed and Date(s) 9l SeU91 fngludlng offica(s)' employee(s)' or '- M"frb.(") i"'irG"i"o', iJiEy,';;;t i;afiateiln ite. tl: (attEch coiitinuairon shect(s)sF-l-LL-A, irnccoaeery) 15. Contlnuation Sheet(s) SF-LLL'A attached: '!) ves iJ No Signature: Name: Tltle: Telephone: lnformation requested through thig form is authorized bv lifte 3, u.s.c. section 1352.;;il ;i:^il.,,.J ar rahhvian-a?l.iiiLi-il'i-matirial reore6entaion of fact uFon whidl .-into. Any not iess than $1 0,000 and not more ihan $100'000 tor eacn sucn Iatlure' Authorized for Local Reproductlon Standard Form - LLL Disclosure of Lobbying Activities - Cal OES 2-232 (RevisedTlAPOl3l n . bid/ofler/application b. initialawad Approved by OME 004&0046 DISCLOSURE OF LOBBYING ACT]VITIES CONCONTINUATION SHEET Gontlnuatlon of 1O a-b: additionalsheets may be added if necessary Reporting Entity: Last Name First Name Last Name First Name City Last Name First Name Last Name First Name Address City zip Gontinuatlon of 14: (addilional sheets may be added if necessary) Brief Description of Services and Payments indicated in item 11: Authorized for Local Reproduction Standard Form - LLL-A Disclosure of Lobbying Astivities - Cal OES 2-232 (Revised7lgl20l3) App,"*d by oMBl ?sisE2.o;:A INSTRUCTIONS FOR GOMPLETION OF SF.LLL' DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporling entity, whether suFawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, purauant to Titte 31 LJ.S.C. Section 1352. The filing of a form is required for each payment or agreement io make payment to any lobbying entity for influencing or atlempting to influence an ofiicer or employee of any agenry, a Member of Congress, an officer or employee of Congress, or an employee of a ttemLer of Congress in connection with a covered Federal ac'tion, Use the SF-LLL-A Continuation Sheet for additional information if the spac€ on lhe form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implemenling guidance published by the Office of Management and Budget for additional information. 1 . ldenti!, the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. ldentii/ the status of the covered Federal action. 3. ldentity the appropriate classification of this report. lf this is a follow-up rePort caused by a materiil change to the information previously reported, enter the year and quarter in which the change occured. Enter the date of the last previously submitted report by lhis reporting entily for this covered Federal ac,tion. 4. Enter the full name, address, cily, state and zip code of the reporting entity' lnclude Congressional Districi, if known. Check the appropriate classification of the reporting entity thal desilnates if it is, or expects to be, a prime or sub-award recipient. ldentiry the tier of the subiwardee, e.g., the lirst subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. lf the organizalion filing the report in item 4 checks 'Subawardee,' then enter lhe full name, addressl city, state and zip code of the prime Federal recipient. lnclude Congressional Dishict, if known. 6. Enter the name of the Federal agency making the award or loan commilment. lnclude at least one organizational level below agency name, if known. For example, Departmenl of Transporlation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item '1). lf known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identifibd in item 1 (e.g., Request for Proposal (RFP) number; lnvitation for Bid (lFB) number; sub-grant announcement number; the contract, subgrant, or loan award number; the application/proposal control number assigned by the Federal agency). lnclude prefixes, e.9.,'RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. Disclosure of Lobbying Activities - Cal OES 2-232 (Revised 7/8/2013) Cal OES 2.232 ADrro,r.d by Olilg U!4e0046 10. (a.) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identmed in item 4 on' ('0.) eiter thl ful narps of th€ i include full address if itiierent from 10 (a). Enter Last (Ml). 1 1. or reasonably expected to be peid by the reporting entity lndicate whether the payment has been made (actual) xes thet apply. lf this is a material change reporl, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). check all boxes that apply. lf payment is made through an in- kind contribution, speciry the nalure and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. lf other, speci! nature 14. provide a specific and detailed descriplion of the services that ihe lobbyist has performed, or will be expected to perform, and lhe date{s) of any services rendered. lnclude all preparatory and related activity, not just time spent in actual c )ntact with Federal officials. ldentiry the Federal official(s) or e'niployee(s) contacted or the of6ce(s), employee(s), or Member(s) of Congress that were contacted. 15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached. 16. The certirying official shall sign and date the form, Prinl his/her name, title, and telephone number. Public r€porting burden for this collection of information ls estimated to average 30 minutas p€r responsi, incluiding time for reviewing instruclions, seardrlng.existing daia sources, gathering and maintatning ttre Oalta needed, and coirpleting and B\rlewing th6_collec{on ol infonnalion. Send commentsiegarding the burdon estimite or any other asped of thia collection of informalion, including suglestions fior reduclng this burden, to the Office of Management and Budget, Papenrort neduaion Projec,t (0348-0046), Washington, D.c. 20503. Disdosure of Lobbying Activities - Cal OES 2-232 (Revised 7/812013) EXHTBIT B CERTIFICATION REGARDING DEBARMENT, SUSPET'TSIOU, INELTGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations lmplementin.e Elecutr.ve order 12549' Debarment anO Susl3n.6.. Z+ CFR-Part 24 Section 24'510, Participants' responsibilities. (READ ATTACHED INSTRUCTIONS FOR GERTIFICATION BEFORE coMPLETING) 1. The neiher it nordeb ation in this transaction bY anY Federal 2. Where the prospective is unable to' certify to .tiy of'the ste Pective ParticiPant shall attach NCNEzuCNT NUMBER ffinYRcErtcY ENTATIVE SlGNATURE DATE '1. 7 4. 5. 6. By signing and submitting this document, the protp€ctive recipient of FEderal assistance is-providing the certification as set out below. The certilication in this clause is a materlal rePresentation of fact upon which.reiiance ,""" otacea wnen this trensaction was entered into. lf tit is later determined that he oroBoectlve reciDient of Federal assistanco funds kno certiiication, in dddition to other remedles available to departmEnt or agency with which this kansaction orig remedies, including suspension and/or debarment' The orosoectivE recipient of Federal assistance funds shall provide immsdiat€ written ;;t-# i;h;;;;ton [o *ni.n this agreemenl is entered, jf at.anv time the prospective ;6;;i ;i F;"4'assistance tunOi learn' that its certiftcation was enoneous, when submitted or has become sroneous by reason of changed circumstances' The terms "c ligible'" "lower lier covered tran tranEaclion"' 'principal'' ;proposal,' a ave the meanlngs set out in the Definit ules implementing Executivo Order 12549' e funds agrees by submitting this proposal be entered into, it shall not knowingly with a person who is debened, suspended, om parllclpation on this covered transactlon, unlessauthorizedbythedeparimentoragencywithwhichthistransactionoriginated. this 'lo*".. tier covered transactions. A participant in a covered transaction mey rety upon a.certification of a qT,:f:$i:",^ I transaAion, unless il knows that the certification ispartlcipant in a lower tier c ,ver9, . . ,. .. !.,..,rri^k i+,{a.^,nir5"Jti..Iori.-n p"rtiiipint may oecioe the method and frequency by which ilS-*Try: the eligibility of its principals' Each may, but is not required to, check the List usB. : Except fortre a partlclpanl in transaction, excluded iorm- participation in this transaction, in addi the ieoeiat oovernment, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment' EXHIBIT C CERTIFICATION REGARDING DRUG.FREE WORKPLACE ACT REQUIREMENTS The contractor certjfies that lt wlll provlde a drug-tce wokplace, in ac'cordance with state law and state Employment Development Department (EDO) Directive No D907 by: 1. Publl8hlng a statement notirylng emPloyees that the untawtul manufacturs, dislrlbution' rlispensin-g, possession or use 6t a ionirolteo substance is. prohibiEd 'n th,e, C?ll]::9r^'s. woikptaci airo specifying tha aclons that will be taken against employees for vlolatDn or such Prohlbition. 2. Establlshing a drug-fiBe awar6ness Program to inform emPloye€s about The TheAny i8tance Programsi and .The abuse violations occurring in the workplac€. 3. Making it a requirement lhat each employee to.b€ engaged in the Perbrmance ol this ptog.a-nr Oe giveh a copy of th€ statemont requlred by paragraph l above' required by paragraph 1. thet, aB e condltion of ee wlll: d rug statute conviclions for a vlolation occuring in er such conviclion' 5. No8fying the county withln ten days afrer.receiving.notice. under subParagraph 4'b Irom an employee or otheMise receiving actual nollce ol stlch convrcuon' 6. raking o withln 30 davs of receivlng !?!9:-if"-t^:'^bt-'i:-qill 4.b. wlth o is so convicted by taking aPPropnate personnel acuon against s including termination' 7. Making a good faith efiort to conilnue to maintain a drug-free workplace thmugh implementation of the provision of thls certlfication' SICTINTUNE OT NUTHORIZED REPRESENTATIVE a. b. c. d. CONTRACTOFYAGENCY EXHIBIT D California Governor's Oflice of Emergency Services FY 2014 Grant Assurances (AIIHSGP APPlicants) Name of Applicant: Address: City:State:ZipCode: Telephone Number:FaxNumber: E-Mail Address: As the duly authorized representative of the applicant, I certifr that the applicant named above: 1. program is hereby incorporated into your ient agrees that all allocations and use of re requirements contained in the FY20l4 Homeland Security Grant program Funding Opportunity Announcimen! the Califomia Supplement to the FY20l4 Homeland Security-Grant nogram funding bpportunity Announcement, and all applicable laws and regulations. 2. Nlallocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and o Strategies as well as the investments of the California FY20l4 Homeland limited to those investrnents included in the Cali DHS/FEMA and Cal oES and evaluated through the peer review process. 3. Under to the award document after an award and conditions' recipients will be not subsequent request for funds will indicate recipient acceptance of the changes to the award. Plea.se call the FEMA/GMD Call Center at (s66)g27-5646 or via "--uit to ASK-CMD@dhs.eov if you have any questions. 4. Has the legal authority to apply for Federal assistance and has the institutional, managerial and financial capabilityio ensure and c ded by the U'S' oepartmlnt of Hom Emer GEMA) and sy!- granted.through the Gove Services (Cal OES)' 5. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred betwJen grant programs (for example: State Homeland Security Program and Urban Area Security Initiative) or fiscal years. 6. Will comply with any cost sharing commitments included in the FY2014 Investment Justifications submitted to DHS/FEMA/CaI OES, where applicable. 7. will establish a proper accounting system in accordance with generally accepted accounting standards and awarding agency directives. Page 1 Initials 8. Will give the DHSFEU,q., the General Accounting Office, the Comptroller General of the United States, the Cal OES, the Offrce of Inspector General, through any authorized representatives, access to, and the right to examine, all paper or electronic records, books, and documents related to the award, and will permit access to its facilities, personnel and other individuals and information a.s may be necessary, as required by DHS/FEMA or Cal OES, through any authorized representative, with regard to examination of grant related records, accounts, documents, information and staff. 9. Agrees, and will require any subrecipient, contactor, successor, tansferee, and assignee to acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. a. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS or Cal OES. b. Recipients must give DHS and Cal OES access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS and Cal OES program guidance, requirements, and applicable laws. c. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance, and recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. d. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS/Cal OES awarding office and the DHS Office of Civil Rights and Civil Liberties. e. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 10. Will comply with any other special reporting, assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement, or detailed in the program guidance. 1 l. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/flomeland Security Advisory Council (HSAC) Fusion Center Guidelines, follow the Federal and State approved privacy policies, and achieve (at a minimum) the baseline level of capability as defined by the Fusion Capability Planning Tool. 12. Understands that a hold is in place on Fusion Center activities and the applicant is prohibited from obligating, expending, or drawing down HSGP - UASI funds in support of their State and/or Major Urban Area Fusion Center. Cal OES will notifr the subgrantee in writing when DHS/FEMA has lifted the hold. 13. Will initiate and complete the work within the applicable timeframe (subgrantee performance period), in accordance with grant award terms and requirements, after receipt of approval from Cal OES and will maintain procedures to minimize the amount of time elapsing between the award of funds and the disbursement of funds. Page 2 Initials 14. Will provide timely, complete and accurate progress reports, and maintain appropriate support documentation to supportthe reports, and otheriuch information as may be required by the awarding agency, including thilnitial Stategy Implementation Plan (ISIP), within 45 (forty-five) days of the award, uia ,iaut. theseieports and related documentation via the Grant Reporting Tool (GRT) twice each year. 15. Will provide timely notifications to Cal OES of any developments that have a sigrificant impact on award- srpport"d activities, including changes to key program staff' 16. in the repayment of any F evant debt , include ta,res, audii disallowances See OMB Circular A- number 17 for additional 17. Will comply with the requirements of 3l U'S.C. S 3729 subrecipient of federal payments, shall submit a false cl Administrative remedies may be found in 38 U'S.C. $$ s made. lg. Will comply with all applicable provisions of DHS/FEMA's regulations, including Title 44 ofthe Code of Federal Regulations, plrt t3, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including the payment of interest earned on advances. 19. Will comply with the Office of Management and Budget (OMB) Circular A-102, Uniform Administrative Requirements for Grants and Cooperative (also known as the "A-102 Common Rule"), which are also 1 44, Code of Federal Regulations (CFR) Part 13, "Uniform Administrative Reqt perative Agreements to State and Local Governments"; will comply with OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations, relocated to 2 CFR Partzls. 20. Will comply with the financial and adminisrative requirements set forth in the current edition of the DHS Financial-Management Guide; OMB Circular A-27,Cost Principles for Educational Institutions, relocated to 2 CFR Part2Z1;OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CFi. part115; OMB Circul ar A-122, Cost Principles for Non-Profit Organizations, relocated to 2 CFR Part23};and OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations, as apPlicable. 21. Will comply with all provisions of the Federal Acquisition Regulations, including but not limited to Title 48 CFR par1 3i .2, part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 22. Willcomply with provisions of the Hatch Act (5 U.S.C. $$ 1501-1508 and7324-7328), which limits the political u"iiuiti". tf employees whose irincipal employment activities are funded in whole or in part with Federal funds. 23. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appear:ance of, personal or organizational conflict of interest, or personal gain for themselves or Lthers, particularly those with whom they have family, business, or other connections. 24. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of govemment, without the express prior written approval from DHS/FEMA and Cal OES. 25. Will comply with all applicable lobbying prohibitions and laws, including those found 3l U.S'C.$ 1352., and agrees ihut non" oithe funds provided under this award may be expended by the recipient to pay any Page 3 Initials person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an offrcer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contact, grant, loan, or cooperative agreement. 26. Agrees tha! to the extent conhactors or subcontactors are utilized, will use small, minority-owned, women-owned, or disadvantaged businesses, to the extent practicable. 27. Willcomply with Title 2 of the Code of Federal Regulations Part 225, Appendix A, paragraph (C)(3)(c), which prorid"r that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome firnd deficiencies. 2g. Will ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-Federal sources. Subgrantees and subrecipients may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Federal fi,rnds. 29. Will comply, if applicable, with the Lead-Based Paint Poisoning Prevention Acr (42 U.S.C. $ 4801 et seq.), which prohibits the use of lead based paint in construction or rehabilitation of structures. 30. Will comply with all federal and state laws and regulations relating to civil rights protections and nondiscrimination. These include, but are not limited to: a. Title 111 of the Civil Rights Act of 1964, Public Law 88-352, (42 U.S.C. $ 2000d et seq.), codified at 6 CFR Part2l and44 CFR Part 7, which provides that no pefiion in the United States will, on the grounds ofrace, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. $ 168l et seq.), which prohibits discrimination on the basis of gender in educational programs and activities. These regulations are codified at 6 CFR Parr 77 and 44 CFR Paxt 19. c. Th1 Americans with Disabilities Act, as amended, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C' $ 12101 et seq.). d. The Age Discrimination Act of 1975, as amended (42 U.S.C. $$ 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. e. The Drug Abuse Offrce and Treatment Act of 1972 (P.L.92-255), as amended, relating to nondiscrimination on the basis of drug abuse. f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. g. Sections 523 and 527 of the Public Health Service Act of l9l2 (42 U.S.C. S 290 dd-3 and 290 ee-3), as amended, relating to confidentiality ofalcohol and drug abuse patient records. h. Title MII of the Civil Rights Act of 1968 (42 U.S.C. S 3601 et seq., as implementedby 24 CFR Part 100), as amended, relating to nondiscrimination in the sale, rental and financing of housing' i. Title 44 of the Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. j. The requirements of any other nondiscrimination provisions in the specific statute(s) under which the application for Federal assistance is being made and any other applicable statutes. k. The requirements of Section 504 of the Rehabilitation Act of 1973,29 U.S.C. $ 794, as amended, which provides that no otherwise qualified individual with a disability in the United States will, solely by reason of the disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. l. Will, in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national Page 4 Initials origin, gender, or disability against a recipient of furrdq the recipient will forward a copy of the finding to the office of civil Rights, offrce of Justice Programs. m. Will piovide an Equal Employnient Opportunity Plan, if applicable, to the Department of Justice OtrrcL of Civil Rights within 60 days of grant award' n. Will comply, andlsure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements and all other provisions of the current edition of the offrce of Justice Programs Financial and Administrative Guide for Grants, M7100' I . II of the Uniform Relocation Assistance and Real cquisition for Federal and Federally-assisted progftIms' 32. Will comply with all provisions of DHS/FEMA's regulation 44 CFR Part 10, Environmental Considerations. Local environmental and historical preservation (Elf) cal EHP requirements and obtain applicable permits having the potential to impact EIIP OES, including, but not limited to, ;;r;J disturbance, construction, modification to any structure, physical sgcurity enhancements' communications towers, any structure over 50 years old, and purchase and/or use of any sonar equipment' The subgrantee must comply with all conditions and restrictions placed on the project as a result of the EHP review. Any construction-iiated activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA and Cal requre re+valuation of compliance with the EHP' If ensure subgrantee will opriate State Historic Preservation Office. 34. Any construction activities that have been preservation review could result in a non-compliance fi EHP Screening Form (oMB Number iOOo-Ot 15/FE porting documentation, to their Cal OES program representative, for processing by the DHS/FEMA GPD EHP' 35. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award. The Screening From for these types of projects is available at: nal 36. Will ensure that the facilities under ision' which shall be utilized in the accomplishment of this project, are tection Agency's (EPAs) List of Violating Facilities, and will notifl, Cal OES MA of the receipt of any communication from the Director of the EpA OfFrce of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA' 37. Will provide any information requested by DHSIFEMA/ and Cal OES to ensure compliance with applicable laws including, but not limited to, the following: a. Institution of environmental quality control measures under the Archaeological and Historic preservation Act, Endang"r.d Sp"ti.r Act, and Executive Orders on Floodplains (11988), and Environmental Justice (EOl 2398) and Environmental Quality (EO 1 I 5 I 4)' Page 5 Initials b. Notification of violating facilities pursuant to EO I1738. c. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. $ 1451 et seq.). d. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). e. Califqrnia Environmental Quality Act (CEQA), Califomia Public Resources Code Sections 21080- 21098, and California Code of Regulations, Title 14, Chapter 3 $$ 15000-15007. f. Wild and Scenic Rivers Act of 1968 (16 U.S.C. $ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. g. Applicable provisions of the Coastal Ba:rier Resources Act (P.L. 97'348) dated October 19, 1982 (16- US-C $ 350i et seq.), which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 38. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the Califomia Emergency Services Act, Government Code, Chapter 7 of Division I of Title 2, $ 8607.1(e) and CCR Title 19, S$ 2445, 2M6, 2447, and2448. 39. Agrees that subgrantees and subrecipients collecting Personally Identifiable lnformation (PII) must have a publically-available privacy policy that describes what PII they collect, how they plan to use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. Subgrantees and subrecipients may also find DHS Privacy Impact Assessments, guidance and timplates online at and at httn://wrvw.dhs.eov/xlibrary/assets/privacy/privacy pia telnplate.pdf. respectively 40. Agrees that all DHS/FEMA-funded project activities carried on outside the United States are coordinated as n"-"".rury with appropriate government authorities and that appropriate licenses, permits, and approvals are obtained. 41. Will comply with Section 6 of the Hotel and Motel Fire Safety Act of 1990, l5 U.S.C. 92225(a), whereby all subgrantees, recipients, and subrecipients must ensure that all conference, meeting, convention, or training space, fund;d in whole or in part with Federal funds, complies with the fire prevention and contol guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. g 2225. 42. Will comply with the Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. $ +f f OZ) for international air transportation of people and property to the extent that such service is availabll, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. $ 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General Decision 8138942. 43. Agrees that all publications created or published with funding under this grant shall prominently contain the foilowing statement: "This document was prepared under a grantfrom FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points ofview or opinions expressed in this document are those of the authors and do not necessarily represent the fficial position or policies of FEMA's Grant Programs Directorate or the U.S. Departrnent of Homeland Security. " The recipient also agrees that, when praCticable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased withfunds provided by the U.S. Departrnent of Homeland Secuity." 44. Acknowledges that DHS/FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in any work developed under an award or sub-award; and b) any rights of copyright to which a recipient or sub-recipient purchases ownership with Federal support. The recipient must afftx the applicable copyright notices of 17 U.S.C. section 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the work Page 6 Initials includes any information that is otherwise controlled by the Government (e.g. classified information or other information subject to national security or exportcontrol laws or regulations). The recipient agrees to consult with DHS/FE-IvIA and Cal oES regarding tLe allocation of any patent rights that arise from, or are purchased with, this funding. 45. Recipients receiving Federal financial assistance to be used to perform eligible work approved inthe submitted applicatiJn for Federal assistance and after the receipt ofFederal financial assistance, through the State of Califomia, agrees to the following: a. Promptly retr.ri to the State of Cal - the approved' actual expenditures as determined bY the b. In the event the approved amount of the nt applicable to the amount of the reduction will be promptly refunded to the State of Califomia. c. properly and equipment purcirased under the HSGP reverts to Cal OES if the grant funds are deobligated or disallowed and not promptly repaid' d. HSGp funds used for the improvement of real property must be promptly repaid following deobligation or disallowment of costs, and Cil OES reseryes the right to place a lien on the property for the amount owed' e. Separately account for interest earned on grant funds, and will return all interest eamed, in excess of 5100 Per Federal Fiscal Year. 46. ::l*." interoperable communications. 47. Will comply, if applicable, with the P'L' 89'544' as amended' 7 ' U.S.C. S 2l3l et seq.) pertaining to blooded animals held for research, teaching, or other activities supported by 4g. will comply with the minimum wage and ma:<imum hour provisions of the Federal Fair Labor Standards Act(Z9f.S.C. $ 201), as they appl! to employees of institutions of higher education, hospitals, and other non-profit organizations. 4s. ;L" fied status when in documentary form. No funding und ' .. subaward, or other agreement for goods or services that will include access to classified national secunty information if the ariard recipient has not been approved for and granted access to such information by appropriate authorities. 50. Agrees that where an award recipient has been approved for and has access inlormation, no funding under this award shall be used to support a contrac classifi ed national securitY al with e processed and administered in accordance bontracting by States and Local Entities," ther OM); and be located PageT Initials departrnent or agency, for approval and processing instructions' DHS Office of Security ISPB contact information: TelePhone : 202447 -53 46 Email: DD254AdministrativeSecurity@dhs'gov Mail: Departrnent of Homeland Security Office ofthe Chief SecuritY Officer ATTN: ASDilndustial Security Program Branch Washington, D.C.20528 52. For purposes of this award term, the following definitions_will apply: a. .,Data Universal Numbering System (DLINS)" number means the nine digit number established and assigned by Dun and Bradstreet, Inc. 1D&B)to uniquely identiff business entities' A DUNS number .uyi. oUiuir.J from D&B by ielephone (cunently 866-705-5711) or the Internet' currently at http://fedgov'dnb'com/webform s a[ of the following, as defined at 2 cFR partll, ich is a State, local govemmen! or Indian Tribe; or a ization; or a domestic or foreigr for- pient under an award or subaward to a non-Federal entitY. c. ,,Subaward,, means a legal instrument to provide support for the performance of any portion of the substantive *:"" o, plogr* for which you received this award and that you as the recipient award to an eligible subrecipient ent ofproperly and services needed to carry out the project or pro section 210 of the attachment to oMB Circular A-t j3,'iAudits-of on-Profit Organizations") and may be provided throu ng an agreement that you consider a contract. d. ..Subrecipient" subaward from you under this award, and is accountable to nds provided by the subaward' 53. e, with the Provisio $276c and 18 U.S. 3), regarding labor 54. Agrees that equipment acquired or obtained with grant funds: .a. Will be made avaiiable pursuant to applicable terms of the Califomia Disaster and Civil Defense Master Mutual Aid Agriement, in consultation with representatives of the various fire, emergency medical, hazardous 1;1ut"riuls response seryices, and law enforcement agencies within the jurisdiction of the applicant, and deployed with persoruael trained in the use of such equipment in a manner consistent with the California iaw Enfoicement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan' b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy' 55. Will Security Presidential Incidents' The Incident Managemen deral prep ugh grants, contracts, istent Initials - nationwide template to enable all levels of govemment, tribal nations, nongovemmental organizations, and private sector partners to work together to freveng protect against, respond to, recover from, and mitigate ihe effects of incidents, regardless of cause, size, loca ion, or complexity. 56. Will comply with OMB Standard Form 4248 Assurances -Non construction Programs, whereby the awardingagency may require subgrantees and subrecipients to certifr to additional assurances' 57. Will not make any award or permit any award (subgrant or contract) to any paflry which is debarred or- suspended or is otherwise "*tlud"d from or ineiigiule for participation in Federal a.ssistance programsunder Executive Order 12549 arrd 72689,"Debarment and Suspension." As required by Executive Olrd.er 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactionl, the applicant will provide protection against waste, fraud and abuse, by debaning or suspending those persons deemea irresponsible in their dealings with the Federal government. Applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial ofFederai benefits by a State or Fediral court, or voluntarily excluded from covered b. application been convicted ofor had a civil f fraud or a criminal offense in connection with a public (Federal, State, or local) tansaction or f iederal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen ProPertY. c. for governmental entitY ith in ParagraPh (1)(b) of no ication had one or more public tansactions (Federal, State, or local) terminated for cause or default; and d. Where the applicani is unable to certiff to any of the statements in this cenification, he or she shall attach an explanation to this application' 5g. Will comply with requirements to acknowledge Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or progralns funded in whole or in part with Federal funds. 59. Will obtain, via Cal OES, the prior approval from DHS on any use of the DHS seal(s)' logos' crests or reproductions of flags o.iik *rr". of OUS agency officials, including use of the_United States Coast Guard seal, logo, ".Jrt, o, reproductions of fligs or likenesses of Coast Guard officials' e Act of 1988 (41 U'S'C' $ 701 et seq'), Federal agency agree to maintain a drug-free withthese,:TlL"#il[H:;.o":'",;l:iT:::t"#":"i These regulations are codified at 2 CFR 3001' G1. Will comply with the requirements of the government-wide award term which implements Section 106(g) of the Traffrcking Victims Protection ect (fWel of 2000, as amended (22 U.S.C. S 7104), located at 2 CFR part 175. This is implemented in accordance with oMB Interim Final Guidance, Federal Register, Volume 72, No. 2lg, Novemb er 13,2007.In accordance with Section 106(9) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if thelecipient or a subrecipient engages in severe forms of traffrcking in persons during the period of time that the award is in effect, pio.rr", a commercial sex act during the period of time that the award is Page 9 Initials in effect, or uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR $ 175'15' 62. Will comply with Title vI of the civil Rights Act of 1964 prohibition against discrimination on the basis of national origrn, *ni"t ..qrires that recipiEnts of federal financial assistance take reasonable steps to provide meaningful access to theii programs and services. Meaningful access may entail providing language assistance services, including Jral and written translation, where necessary. Recipients are encouraged to consider the need ro. rurgua!" services for LEP persons served or encountered both in developing budgets complY with DHS Gui I inst National Origin Di 1768 (APril 18,2011), Order 13166. For assistance and information regardtng LEP obligatio s, refer to DHS Recipient Guidance at access-people-limited and additional resources on http://www.lep.gov. 63. will comply with I et seq. and Executive order 11738, which provides for the protlction e nation's air resources to promote public health and welfare and for re al, physical, and biological integrity of the nation's waters is considered research for other purposes' 64. egulations at 45 CFR Par;t 46 and the requirements in Hu* Subjects, prior to implementing any work with protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisonJrs (Subpart C); and children (Subpart D). The use of autJpsy materials is governed by apilicable State and local law and is not directly regulated by 45 CFR Part 46. 65. d activities, DHS requires the environmental aspects pro.;ects as specified by the Component and awarding office) to be reviewed and evaluated before final action on the aPPlication. 66. Will comply with the requirements of section 1 306(c) of the National Flood Insurance Act, as amended, which prorla., for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence u, u r"*lt oi erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Part 63' 67. Will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U'S'C' $ 4001 et r.q.y, *tri"h pro.rrid.r that no Federal financial assistance to acquire, modernize, or construct propertY maY be P participates in the the identification. for DHS support. Lists of flood-prone areas that ar RegisterbY FEMA. 6g. Will comply with the requirements of Executive Order I1990, which provides that federally-funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive (3) of NEPA (42 U.S.C. $ 4331(bX3)), Federal undertaking or assisting with new construction located there is no practicable altemative to such construction, Page l0 Initials and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such uie. In making this finding, the head of the agency may take into account economic, environmental, and otheipertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44 CFR Part 9. 69. Will comply with the requirements of the Uniting and Stengthening America by Providing Appropriate Tools Required to lntercipt and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. $0 175-175c. Among other thing., it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system ofa type or in a quantrty that is not reasonablyjustified by a prophylactic, protective, bona fideiesealch, or otirlr peac"fufpr.por". The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transpor! or receive any biological agent or toxin that is listed as a select agent. 70. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal OES. a. Applicability. Unless you are exempt as provided in paragaph d. of this awardterm, you must report each action that obligates $25,000 or moie in Federal funds that does not include Recovery funds (as defined in section l5l2(a)(2) of the American Recovery and Reinvestnent Act of 2009, b. Where and when to report: you must report on each obligating action described in the following paragraphs to Cal OES. For subaward information, report no later than the end of the month ioffo*ing the month in which the obligation was made. (For example, if the obligation was made on Novembir 7,2013,the obligation must be reported by no later than December 31, 2013.) c. What to report: You must report the information about each obligating action that the submission instnrctions posted in Information Bulletin 350, to Cal OES. To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation s must report subrecipient executive g the month during which You make the subaward. Exemptions include: If, in the previous ta:( year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report on subawards, and the total compensation of the five most highly compensated executives of any subrecipient. d. Reporting Total Compensation oiRecipient Executives: You must report on for each of your five most highly compensated executives forthe preceding compl if i. the total Federal funding authorized to date under this award is ; ii. in the preceding fiscal year, you received 80 percent or more ofyour annual gross revenues from Federal piocurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR $ 170.320 (and subawards); and S25-,000,000 or *o.L in annual gross revenues from Federal procurement contacts (and subcontracts) and Federal finaniial assistance subject to the Transparency Act, as defined at 2 CFR $ 170.320 (and subawards); and iii. the public does not have access to information about the compensation of the executives ttrough periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of t9i4 if S U,S.C.-$g 78m(a), 78o(d)) or g 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://rvww.sec. gov/answers/execomp.htm.) iv.s,,-*ipl.,texicutives.Unlessyouareexemptasprovidedabove,foreachfirst-tier subreciiient under this award, you shall report the names and total compensation of each of the subiecipient's five most highly compensated executives for the subrecipient's preceding completed hscal year, if in the subrecipient's preceding fiscal year, the subrecipient received 80 percent or more ofits annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR $ 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal Page ll Initials financialassistancesubjecttotheTransparencyAct(andsubawards);arrdthepublicdoes not have access to information about thi compensation ofthe executives through periodic reportsfiledundersectionl3(a)orl5(d)oftheSecuritiesExchangeActof1934(t5 U.S.C. $$ 78m(a),78o(d)) or $ 6104 ofthe Intonal Revenue Code of l9E6' 71. Understands that failure to comply with any ofthese assurances may result in suspension, termination, or reduction of grant funds. 72. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalfofthe said applicalt. Signature of Authorized Agent: Printed Name of Authorized Agent: Date:Title: EDMI.]ND G. BROWN JR. COVERNOR EXHIBIT E MmrS.Gmunouccl DRECTON CaIOES 00YEnil0n's 0FFIGE OF EI'ETEETCY SEIYICES September 30,2014 William T. Fujioka, CEO County of Los Angeles CEO/CDAT 222 S.Hill Steet, 2od Floor Los Angeles, CA 90012 SUBJECT: NOTIflCATION OF SUBGRANTEE AWARD APPROVAL FY z}l4Humeland Security GrantProgram (HSGP) Grant #2014-00093 Cal OES ID# 037-00000 Subgrantee Performance Period: September 1,2014 to May 31,2016 Dear Mr. Fujioka: The California Governor's Office of Emergency Services (Cal OES) has approved your FYl4 Homeland SGP) award in the amo completed aPProved, You maY req grant expe Financial Management www.caloes.ca.gov. ative examined and evaluated your FY14 HSGP the appropriate date to disencumber funds awarded under this grant and re-direct them to other needi across the State and as indicators of p..fottn-i" and gant management capacity in futtge competitive grant applications' Activities:Amount Completion Date All Projects $5,000,000 August 31,2015 3650 ScltRlEvERAVENUE, MATHER, CA 95655 (916) 345-8506 TELEPHoNE, (9 I6) 845'851 I FAx d within the subgrantee performance Establish/Enhance Emergency Operations and sole source procurement requests will aPProval for ttrese ed costs under this grant. Mr. Williarn T. Fujioka September 24,2014 Page2 of 2 Subgrantees are required to obtain a performance bond for any equipment item over $250,000, or any vehicle, aviation, or watercraft (regardless of the cost) financed with homeland security dollars. Please submit performance bonds to yoru Prograur Representative. Following acceptance of this award, you must enter your grant information into the U.S. OfEce of Grants and Training, Grant Reporting Tool (GRT), for the December 2014 Biannual Strategy Implementation Report (BSIR) period, online at www.reporting.odp.dhs.gov. Semi-annual performance reports must be prepared and submitted to Cal OES via the GRT for the duration of the grant period, or until all activities are completed and the grant is formally closed. Failure to submit performance reports could result in grant reduction, suspension, or termination. This grant is subject to all policies and provisions of the Federal Single Audit Act of 1984 and the Single Audit Act Amendments of 1996. Any funds received in excess of current needs, approvJd amounts, or those found owed as a result of a final review or audit, must be refunded to the State within 30 days upon receipt of an invoice from CaI OES- Your dated signattue is required on this letter. Please sign and return the original to yoru Cal OES Program Representative within ten days of receip and keep a coPy for yoru files. For fi5ther assistance, please feel free to contact your Cal OES Program Representative or the Homeland Security Grants Unit at (916) 845-8186. Sincerely, MatEut/A MARK S. GHILARDUCCI Director William t- 9. Ei !. p. o 9. d'frgE a$ d i: lE gEi EEEg5.gii99 4 n fiEEEii Iq 9IFEI =^'e.=;o droo?^@ z 3 =6t =o 3 o PPdi 2',6 35 I 9; I q. 6 trl E ^: :E zE n 9U Ie =. n 3; I !r II @ =o - 0 r6! lE+ ?4 " zo zo ?qoe _o e EXHIBIT F Appendix G - Funding Guidelines Granteesmustcomplywithalltherequiremenisin44CFRPartslSand2cFRPart s215. associated core capabilities within the NPG' llla Mathe nd mo information on SHSP and UASI M&A, refer OPSG M&A, refer to lB 37E. Both lBs can be found at Allowable lnveslrnents made in support of the HSGP prioriUes as well as other capability-enhancing projects musi iatt into the categories of planning, organization, exercises, training, or equiPment. lndlrect cost Rate inOiiect costs are allowable only if the applicant has an approved indirect cost rate with cy.ttie d at the cos Federal funds to determine if allowable and reasonable. Plannlng (SHSP, UASI, and oPSG) 3iSp.n+Unstiunds may be used fora range of emergency preParedness and managementplanningactivitiesandthatsupportPerformanceobjeclivessuchas THlRi, SPR ind Planning, by placing an emphasis on qpdating and maintaining a. curr"ni EOp that conforml tothe guilelines dutlined in CPG 101 v.2. Development and maintenance of a THIRA must align to cPG 201. Planning must include participation from all stakeholders in the commlunity who ar€ able to contribute critical perspectives and may have a role in executing the plan. Planning should be flexible enough to addresi incidents of varying types and magnitudes. Grantees must use the CPG 101 v.2: Developing and Maintaining Emergency Operations Plans in order to develop robust and effective ql?n": lo1*lilol11 iniorm"tion, p1""."."" visions/nDdlcPc 101 V2'Ddf' 56 Appendix C - Funding Cuidelines Organization (SHSP and UASI OnlY) Organizatlonal activities include: . Program management; . Dev-elopment oi whole community partnerships, through groups such as Citizen Corp Councils;. structures and mechanisms for information sharing between the public and private sector;. Tools, resources and activities that facilitate shared situational awareness between the public and private sectors; . Operational SuPPort; . Uiilization of standardized resource management concepts such as tyPing' inventorying, organizing, and tracking to Ecilitate the dispatch, deploymenl, and recovery oiresources before, during, and after an incident; . Responding lo an increase in the threat level under the National Tenorism AdvLory sistem (NTAS), or needs in resutting from a Nationat special security Event; and. Paying salaries and benefits for personnel to serve as qualified intelligence analysts. must justify proposed expenditures of SHSP or UASI funds to ivities within iheir lJ submission by using historical data or other allowed to utilize up to 50 percent (50%) of their SHSP funding allowed up to 50 percent (50o/o) of their UASI funding for personnel costs. At the request of a recipient of a grant, the Administrator may grant a ivaivei ot tne 50 percent (so%) limitation not( d above. organizational activities under SHSP and UASI include: . lntelligence analysts. Per the Personnel Reimbursement for lntelligence Cooperation and Enhancement (PRl 110412), SHSP and UASI funds ma positions to serve as intelligence an sharing capabilities, as well as supp "or"ru-d bi SHSP or UASI funding. ln order to be hired as an intelligence analyst, stiff and/or contractor peisonnel must meet at least one of the following criteria:- Successfully complete training lo ensure baseline proficiency in - intelligence analysis and production within six months of being hired; and/or, - Previously served as an intelligence analyst for a minimum of two years either in a Federal intelligence agency, the military, or State and/or local law enforcement intelligence un it As identified in lhe Maturation and Enhancement of State and Maior Urban Area Fusion centers priority, all fusion centers analytic personnel must demonstrate qualifications that meei or eiceed competencies identified in the Common Competencies for State, 57 Appendix C - Funding Guidelines Locat, and Tibal lntelligence Analysts, which outlines the minimum categories of training needed for intelligence analysts. A certificate of completion of such haining . must bi on file with the SIA and must be made available to FEMA Program Analysts upon request. ln addition to these training requirements, fusion centers should also continue'to mature their analytic capabilities by addressing shortfalls in analytic capability identified during the fusion center's annual assessment' . overtime costs, overtime costs are allowable for personnel to participate in information, investigative, and intelligence sharing activities specifically related to homeland security and specifically requested by a Federal agency. Allowable. costs are limited to overtime associated with federally requested participation in eligible fusion activities including anti-terrorism lask forces, Joint Terrorism Task Foices (JTTFs), Area Maritime Security Committees (as required by the Maitime Transpoftation'SecuityActof2002),DHsBorderEnforcementSecurityTask Forces, and lntegrated Border Enforcement Teams. Grant funding can only be used in proportio-n to the Federal man-hour estimate, and only after funding for these activiiies from other Federal sources (i.e., FBI JTTF payments to State and local agencies) has been exhausted. under no circumstances should DHS grant funding be used to pay for costs already supported by funding from another Federal source. . operationat overtime costs. ln support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism, operational overtimd costs arsallowable for increased security measures at critical infrastructure sites. sHSP or UASI funds for organizational costs may be used to support select operationa I expenses associated with increased security measures at critical infrastructure sites in the following authorized categories: - Backfill and overtime expenses for staffing State or Major Urban Area fusion centers; - Hiring of contracted security for critical infraslructure sites; - Parti-ipation in Regional Resiliency Assessment Program (RRAP) activities;- Public safetY overtime; - Title 32 or State Active Duty National Guard deployments to protect critical infrastructuresites,includingallresourcesthatarepartofthestandard National Guard deployment package (Note: Consumable costs, such as fuel expenses, are not allowed except as part of the standard National Guard deploYment Package): and -lncreasedbordersecurityactivitiesincoordinationwithCBP,asoutlined in lB 135. sHSp or UASI funds may only be spent for operational overtime costs upon prior approval provided in writing by the FEMA Administrator. Note: States with UASI jurisdictions can use funds retained at the state level to reimburse eligible operational overtime expenses incurred by the state (per the above 58 Appendix C - Funding Crridelines ouidance limitations and up to a maximum of 50 percent (50%) of the state share of the [,;Ei;;:;il ffi;Asiril;;i;'d bt the stite must be used in direct support or the Urban Area. States musiprovioe dolun entation to the UAWG and FEMA upon i"q*ri o"ronrtrating how ".lv unsr funds retained by the state would directly support the Urban Area. ation, response, and recovery equipment P are listed on the web-based version of Ponder Knowledge Base (RKB), at uiPment must meet all mandatory eiigible for purchase using these funds' obtaining and maintaining all necessary equiPment. Grantees (including sub-grantees) that are using.HSSll:lgt^f:fT:ts,"::y.;ilffirJ;ffi;rfi;;t;;;l comprv witnine FY 2013 sAFEcoM Guidance ror";;;;;;;;";;;;;;i;;i;; c,*ts-incrliing orovisiongglllcfr,n!3[Yll1'^t^'*' il$,'"";'; ;;;-'i;;;;;;"-oir"- "o..rniUtions. sAFECo M Guidance can be !.....r!..:Et r-ur s a Grantees investing in found at f -rOU"rO-t"f",ed investments should review 18.-386: Clarification on Use of 59 Appendix C - Funding Guidelines oislrErtlln Public Safety Grant Funds for Broadband tnvestments, and consuli their FEMA Headquarters P inr"ti."nt. o*ore developing applications' Relocati lng rn the T-Band is also allowable' Grant funds may be used for the procurement of medical countermeasures' pio"r,"r"nt otheoicat counieimeasures rni.::,:: ;:H:""iiir[.?l*ifi[%L$. re encouraged to enter into rotational distributors. Purchases of pharmaceuticals :pired drugs within each fiscal yea/s ihe period of performance for HSGP. The cost of disposal cannot be carried over to another FEMA grant or grant period Training (SHSP and UASI) iiri"., i"itit"ti"s, and Urban Areas s to de rn a n.r"lrnJ i""rtity training program elated inilude the estabiishment, support, nce of iJ"ntifi"a under the SHSP and'UASI progr . .coniun y ;;;;;r;.. training bv other Federal agencies (e g ' HHS and DoT) Training loriOr$a u"inS HS6p iunAs snould add-ress a performance shortfall identified through an After Action Reporulmprovement Plan (MRilP) or other assessments (e.9., National Emergency Communications Plan [NECP] Goal Assessments) and contribute to . buildiig a Lapability that will be evaluated through a formal exercise. Exercises should be used to piovide'the opportunity to demonstrate and validate skills learned in training, as well as to identify training shortfalls. Any training or training shortfalls, including those for vulnerable populations including children, the elderly, pregnant women, and individuals with disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the State or Urban Area training cycle' All training and exercises conducted with HSGP funds should support the development and testing of the jurisdiction's Emergency Operations Plan (EOP) components or specific annexes, andvalidation of completed corrective actions from previous exercises or real world events, where applicable. Grantees are encouraged to use existing training rather than developing new courses. When developing new courses, grantees are encouraged to appty tire Ana[sis Design Development and lmplementation Evaluation (ADDIE) model of instruction design (https:i/www.fi rstrespondertraining.gov). Exercises (SHSP and UASI) Exercises conducted with FEMA support should be managed and executed in accordance with HSEEP. HSEEP Guidance for exercise design, development, conduct, evaluation, and improvement planning is located al https://hseeo.dhs.oov. All capabilities exercised using HSGP funding must be NIMS compliant. More information is available online at the NIC at h tt o : //www. fe m a. o o u/e m e roe n cv/n i m s/i n d e x. sh tm. All states and urban Areas are required to conduct a Training and Exercise Planning workshop (TEPW) and develop and/or update a Multi-Year Training and Exercise Plan (TEP) on an annual basis, This plan should be informed by the principles and lenants of the National Exercise Program (NEP). Such plans should take into consideration anticipated training and exercise needs of the respective jurisdiction for at least the immediate year, with exercises being targeted to provide responders the opportunity to utilize training received. The plan should include a training and exercise schedule along with the StaGs'and Urban Areas'priority capabilities to assist in focusing the allocation of available exercise resources. This Plan is to be submitted to the State's respective Exercise Program point ofcontact. The state Exercise Program point of contact should submit a copy of the Plan to hseeo@dhs.qov. All scheduled lraining and exercises included in the Plan should be entered in the HSEEP National Exercise Schedule (NEXS) System, tocated in the HSEEP Toolkit on the HSEEP website. ATEPW user guide and a template of the Multi-Year Training and Exercise Plan can be found on the HSEEP website al https://hseeo.dhs.qov. states and urban Areas are also encouraged to participate in their respective FEMA Regional Training and Exercise Workshop (conducted annually) and coordinate/integrate CDC PHEP, ASPR HPP' State and Urban Area exercise initiaiives accordingly. Other Federally funded preparedness programs have similar exercise and training requirements. Exercise and training activities should be coordinated across the 60 Appendix C - Funding Guidelines jurisdiction(S)tothemaximumextentpossibletoincludetheWho|eCommunityandto ioiter Uetter coordination working relationships across the enterprise' lop MR/lPs mpletion of exercises funded under this nSEep is st ed' AAR/lPs are to be submitted to ease ensure are encrypted (password-protected) also sent to via a seParate email' Maintenance and Sustalnment (SHSP, UASI, and OPSG) s for maintenance contracts, wananties' user fees are allowable under all active and he exception of maintenance Plans equipment, the Period covered bY a period of performance of the specific grant funds used to purchase the plan or warranty' Grant funds are intended to support the NP the core capabilities ne respond to, and recove the Nation. ln order to forth in GPD's lB 379 (Guidance to State A ;;;;;;id; ot c"rtrin DHS/FEMA Grant Funding) ailows for the expansion of eligible mJntenance and sustainment costs which must be in 1) direct support of existing le expenditure under lhe applicable grant lities in the five mission areas contiained grant program dollars- LawEnforcementTerrorismPreventionAllowablecosts(SHSPandUASlonly) ih" toffo*ing activities are eligible for use of LETPA focused funds: .MatUrationandenhancementofdesignatedStateandmajorUrbanAreafusion i"nt"r., including information sharing and analysis, threat recognition' and terrorist interdiction, and training/ hiring of intelligence analysts; . imptementation and maintenance of the Nationwide SAR Initiative (NSl)' inJirJing training for front tine personnel on identifying and reporting suspicious activities;. lmplementation of the "lf You See Something, Say Somethingru" campaign to raisepublicawarenessofindicatorsofterrorismandterrorism-relatedcrimeand associated efforts to increase the sharing of information with public and private s.ctor. partners, including nonprofit organizations. Note that DHS requires that the Office of Public Affairs be given the opportunity to review and.approve.any public awareness materials (elg., videos, posters, tri-folds' etc') developed using 6l Appendix C - Funding Cuidelines HSGPgrantfundsforthe"lfYouSeeSomething,saySomelhingru"campaignto "n"rre'ih"re materials are consistent with the Department's messaging and strategy for the campaign and the initiative's trademark; . rrainiii for countering violent extremism; development, implementation, and/or expaniion of program! to engage communities that may be targeted by violent exiremist radicallzation; and [h;development and implementation of projects to partner with local communities in accordance with the Strategic I ional Strategy on Empowering Local Partners to Pr United States; and. lncrease physical security, via law enforcement personnel and other protective ,"rrrr"i by implementing preventive and prolective measures related to at-risk nonprofit organizations' For additional information, refer to the Building Law Enforcement Tefforism Prevention Capabilities priority within Appendix B - Program Speciftc Piorities' Critical Emergency Supplies (SHSP and UASI Only) .. f n irrtt "ran""-of DHS'S mission, critical emergency supplies, such as shelf stlblglood . piolr"t., *"t"r, and basic medical supplies aie 11 allowabte expense under SHSP and UASI. Prior to allocating grant funding for stockpiling p FEMA's ry managemenl Pl strategy, an effort, and logi s where fu pplies are rendered ineffective due to lack of planning. The inventory management plan and distribution strategy, to include sustainment costs, *iiiU" A.r"f6p"d an-d monitored by FEMA GPD with the assistance of the FEMA loglii". tyl"n"gement Directorat VID). cPD will coordinate with LMD and the respective FEMA Region to Provi relates to the purchase of critical establish guidelines and requirements for and monitor development and status of th distribution strategy. Staies (through their Emergency Manage consult with their respective FEMA Regio related issues. States are further encoura local jurisdictions and Tribes to meet minim requiiements when using FEMA grant funds. Gonstruction and Renovation (SHSP and.UASI Only) p.f""i "on"ttu.tion using SHSP and UASI funds ter of Si,6oo,ooo "t I 5 percenl ll s%) of the grant awar e limilations on funding levels, communications towers are not 62 Appendix C - Ii'unding Cuidelines Written approval must be provided by FEMA prior to the.use of any HSGP funds for construction or renovation. When applying for construction funds, including communications towers, at the time'oi ipplication, grantees must submil evidence of approreo zoning ordinances, architectural plans, any other locally required planning ._ p!Ir,,it., ..0 ",ioti." of Federal interest. Additionally, grantees are required to submit a SF -424C Budget and Budget detail citing the project costs' when applying for funds to clnstruct communication towers, grantees and sub{rantees ,rrirr'Uir'it "-ridence that the FCC's Section 106 review process has been completed anJ suumit all documentation resuhing frorn that review to GPD using the guidelines in iii Supptement prior to submitting materials for EHP review. Grantees and sub- grantees are also encouraged to hive completed as many Steps as possible for a ... Iuccessful EHp review in Jupport of their proposal for funding (e.9., coordination with tn"ir St"t" Historic Preservaiion Ofiice to identify potential historic preservation issues ,nd to dir.rr" the potential for project effects; compliance with all state and EHP laws and requirements). Projects for which lhe grantee b9[9v9s an Environmental Aii"."'r"nt (EA) may be needed, as defined in 44 CFR 1 0'8 and 10.9, must also be identified to the FEMA Program Analyst within six months of the award. Completed EHP review materials for construction and communication tower proiects must be submitted no later than 12 months before the end of the period of performance. EHP review materials should be sent to opdehpinfo@fema.oov. HSGP Program grantees using funds for construction projects must comply with the Oiiis-Aac6n Acf-(40 U.S.C. 3ial et seq.). Grant recipients must ensure that their contractors or subcontractors for construction projects pay workers employed directly-at the work-site no less than the prevailing wages and fringe benefits paid on projec€ of a similar character. Additional information, including Department of Labor (DoL) wage determinations, is available from the following website h ft p ://ww w. do l. a ov/co m Dli a n ce/l aw s/co m D'db n - h tm. OPSG funds may not be used for any type of construction. Personnel (SHSP and UASI) Personnel hiring, overtlme, and backfill expenses are permitted under this grant in order to perform allowable HSGP planning, training, activities' Personnel may include but is not limited to: tra nators, program managers for ictivities directly associated with .. activities' intellig'ence analysts, and staiewide interoperability coordinators (swlc). A personnel cost Jap of up to 50 percent (500/o) of total SHSP and UASI program funds may. be used io, p"r.onn"i and personnel-ielated activities. Grantees who wish to seek a waiver from the personnel cosi cap must provide documentation explaining why the cap should be waived; waiver requests will be considered only under extreme circumstances. ln generai, the use oi SHSP and UASI funding to pay for stafi and/or contractor regular time or overtlme/backfill is considered a personnel cost' For further details, sMs should refer to lB 358 or contact their FEMA Headquarters Program Analyst. 63 Appendix C - Funding Cuidelines HsGPfundsmaynotbeusedtosupportthehiringofanypersonnelforthepurposesof irinirii.rg iilditi;'.I prnii. n"rrin "no'i"r"ty duties -or to supplant traditional public health and safety positions and responsibilities' Definitions for hiring, overtime, backfill-related overtime, and supplanting remain unchanged from FY 2012 HSGP' ted activities associated with OPacks will be hich all States are allowed to utilize up to 50 I Urban Areas are allowed up to 50 percent osts. P) SHSP funds may be used to support the e Western Hemisphere Travel lnitiative mpliant tribal identification cards' More information on the WHTI may be lound aI ffitmt/eno map.html. Other Secure ldentification lnitiatives (SHSP) srisp irnoi may also be used to support the Department's additional efforts to "nitrn." secure-identification, including driver's license and identification security ;;;;;;;;6- Activities that racilitate se s for identification management and verifica developing and implementing a number o{ identification credentials figure prominently io"niiti.rtion credential (rwtcj program which promotes tamper-resistanl biometric ;;;;6i. for workers who require -unescorted access to secure areas of ports, "Lr."it, "rt"t continental shelifacilities, ers; and ine ciedentlating of first responders whic nic "uth"nti"rtion o-f identity and attribute(s) tion' andior privilege) of emergency response/critical g o terrorist attacks or other catastrophic events 64 Appendix C - Funding Cuidelines lfidentifiedasapriorityinthestateTHlRA,statesmaycontinueimplementingactivities "r.rior.f, trnO"ii tnroirsn the Driver's License Security Grant Program (DLSGP) that fffi;;;'ffi;;g iiir"i. ri""*e and identification caid issuance processes' lnitiatives related to securing identification should: .Havethegreatestimpactuponreducingtheissuanceanduseoffraudulent driver's license and identification cards; oReducethecostofprogramimplementationforindividuals,States,andthe Federal government: . Drive/s license identification material requirements: .Expeditestateprogresstowardmeetingminimumsecuritystandards;and . plan and "xpedit" state-specific activitils to support Federal data and document verification requirements and standards' Operations (OPSG) itie intent of'opsG is to focus on operational aspects of enhancing coordination ;h";;; Federal, state, local, tribal, and tenitorial law _enforcement agencies to . . ;;;;;;; in" """rrity of'the united states borders. while equipment is an allowable "*p"nt", OPSG is not intended to be an equipment-centric grant' . Operational Oveftime. Operational overtime. costs associated with law enforcement activities, in support of border law enforcemenl agencies for increasedbordersecurityenhancement'PerthePR/CEofHomelandSecuity Act (Public Law 1 10-412)' all (50%) of their OPSG funding activities. At the request of a the 50 Percent (50%) Personnel caP the FEi/A Administrat,or and wilt be considered on a case-by-case basis. A formal OPSG personnel waiver request should:._-g"requestedonofficialletterhead,|ncludeawrittenjustification,andbe signed by the authorized representative of the SAA; .ln-cludeaoudgetandmethodolcalculationofpersonnelcostsbothin percentage of-the grant award and in totaldollar amount' To avoid supplanti-ng issuesl the request must also Include a three-year staffing history for the requesting entity; - lnclude an approved Oplrations Order from the CBP/BP Sector oflice which supports the SM's written justification; - Be coordinated with the CBP Sector and OBP; and - Be forwarded electronically by the SM to FEMA GPD Program Analyst' .PattTimePersonnel.oPSGfundsmaybeusedtopayadditionalcunentpart, timelawenforcementpersonnelsalariesinordertobringthemtotemporaryfull time status.. Travel, Per Diem, and Lodging. Tra with the dePloymenUredePloYment associated with law enforcement e enforcement activities. ln addition, 6s Appendix C - Funding Cuidelines oflawenforcementpersonnettocriticalsouthwestBorderlocationstosupport operrtionat activities (travel costs must be in accordance with applicable travel regulations).. Vehicle and EquiPment Rentals . Vehicle/Equipment Maintenance . Fuel cost and/or Miteage Reimbursement. There is no cap for reimbursement of operational activities. , Activate Reserve State, local, tribat, and tenitorial law enforcement personnel. Srpporting a request to the dovernor to activate, deploy, or red,eploy specialized paiibnat duard Units/Package and/or elements of State law enforcement to increase or augment speciaiized/technical law enforcement elements operational activities.. Backftll. costs associated with backfill for personnel supporting operational activities. .LawEnforcementReadiness.UseofoPSGfundsmaybeusedtoincrease opeoiion"f , material, and technological readiness of State, local, tribal' and territorial law enforcement agencies. Unatlowable Gosts (OPSG) OFSC unalfowable cbsts inilude costs associated with staffing and general lT computing equipment and hardware, such as personal.computers, faxes, copy ,."iii."r, modems, etc. OPSG is not intended as a hiring program. Ther_efore,. "ppf,ing trna. toward hiring full-time or permanent sworn. public safety officers is ,'nlfior-rUf". OpSG tunding shall not be used to supplant inherent routine patrob and f .* "nior""r"nt operationJor activiti6 not directly related to providing enhanced coordination between local and Federal law enforcement agencies. Finally, consiruction andior renovation costs are prohlbited under OPSG. Applicants sh99l! - -;ufoi" iB 358 or contact their FEMA Headquarters Program Analyst at (800) 368-6498 for guidance and clarification. of Allowable Activities for SHSP and UASI Planning Activities Examples of planning activities include: .Developinghazardithreat-specificannexesthatincorporatetherangeof preveniion: protection, mitigation, response, and recovery activities . beveloping and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following: - lmplementing the NPG, NPS, and the Whole Community Approach to Security and Emergency Management including efforts to support strengthening of capacity among whole community partners - Pre-event recovery Planning- lmplementing the'lilational lnf 'astructure Protection Plan (NIPP) and associated Sector SPecific Plans 66 Appendix C - Funding Guidelines - Enhancing and implementing SCIPs and Tactical lnteroperable Communications Plans (TlCPs) th initiatives ol lhe National Emergen - Costs associated with the adoption the NIMS, including imPlementing Framework - Modifying existing incident management and EOPs to ensure proper ,iig;;"ni *itn th-e coordinating siructures, processes' and protocols _ described in the Nationat *X"#,;,:,:1,."",:[|iitrp,oto"or. and sotutions that include communications support for faith- based and voluntary organizations - Developing emergency communications SOPs and plain language protocols lions soPs across iurisdiction' nt imPlementation meetings sets in accordance to NIMS- y the NIC al data systems education and outreach camPaigns, preparedness and supporf fo nal prepredness as required bY promoting training, exercise, d volunteer opportunities; informing the public about emergency plans, evacuation routes, shelter locations; and evacuation plans as well as CBRNE prevention awareness - oetigning programs to address targeting at-r'sk populaiions and engaging them in emergency management planning efforts - Devetoping and sustaining Cit - Activities, materials, services, protection, mitigation' response a with disabilities (physical' progra peopfe wittr pnyJlcit, sensory, mental health, intellectual and cognitive disabilities)- Preparing materials for SPRs_ will imf,tementation activities inctuding the issuance of wHTl-compliant tribal identifi cation cards Conducting statewide emergency communications and preparedness planning' including the following activities: - Cond ucting/attending planning a - Engaging and exPanding the Pa emergencY communications Plan - Participating in THIRA develoPm processes 67 Appendix C - t'unding Guidetines - Collecting and using data (e.g', NECP Goal Assessments' findings from national-ievel exercises) to alsess user needs, capabilities' and gaps' and to facilitate coordination and asset-sharing - Assessing emergency communications needs and assets and integrating needs int6 State ptan! (e g., SCIP, SPR, and broadband plans) - Coordinating with SWIC, SM, and State-level planners to ensure proposed iniestments align to statewide plans (e'9 , SCIP' State 'broadband plan) and comply with technical reguirements Developing retated tenorism prevention activities including:-- - -blv'etoping THIMs that reflects a represenlative makeup and composition of the jurisdiction - O"r6toping initiativls that directly support local efforts to understand' [""g.ii.:p*pare for, p ' itigate, and respond to pre-operational aciiri-ty anO otne, ctire. )recursors or indicators of terrorist activity, in accordance w vil liberties protections - Olr"iir'ping law enforcement prev activities, to include establishing and/or enhancing a fusion center - Hiring an lT speiialist to plan' develop, and implement the lT applications ation/intelligence sharing groups service, emergencY management, nd health security data{athering Ith) within designated fusion centers to , and mitigation of threats - Hiring and training privacy, security, and/or.fusion liaison ofiicers (FLO) coorJinators to support fusion center operations _ inlejrating and coordinating private sector participation with fusion center activities_ olr"ioping and implementing preventive radiological/nuclear detection activities -n"qrltingsystemsallowingconnectivitytostate,local,tribal,tenitorial' ano reo6rai data networkJ, such as the National crime lnformation center (NCIC) and lntegrated Automated Fingerprint ldentification System (lAFlS), as aPProPriate_ ilanning to enhance security during heightened alerts, terrorist incidents, an - Ac printed and electronic materials' pu /town hall meetings, and web po I Citizen CorPs Councils _ Volunteer programs and other activities to strengthen citizen participation - Conductini pJblic education campaigns including promoting suspicious . ,.tiuit, t"pl'rring and preparedness: individual, family, and organizational "rneri"n"y prefaredness; promoting the National Preparedness and Read-y camiaigns; and/or creating State, regional, or local emergency prepiredness ifforts that build upon the Ready campaign 68 Appendix C - Funding Cuidelines - Evaluating Critical lnfrastructure Protection (ClP) security equipment and/or peisonnel requirements to protect and secure sites - CIP cost assessments, including resources (e g', financial, personnel) requ ired for security en hancements/deployments - UndeMater Terrorist Protection Plans Developing and enhancing risk centric capabilities-based plans and protocols, including but nol limited to:- - - C"orrrnity-based planning to advance "whole communi$ security and emergency management - lncorforating governmenUnon-governmental collaboration, citizen preparedneJs] and volunteer participation into state and local government 'homeland security strategies, policies, guidance, plans, and evaluations - Developing, enhancing, maintaining a current EOP that conforms to the guidelines outlined in the CPG 1 01 v.2 - Flanning for the relocation of existing systems operating in the T-Band - oevelopr-ng or enhancing local, regional, or Statewide strategic or tactical interopera-ble emergency communications plans including such actions.to support communicationi with faith-based and voluntary entities who act as immediate resPonders in disaster - Developing protocols or SOPs for specialized teams lo incorporate the use of equipment acquired through this grant program - Developing terrorism prevention/protection plans -- Developin! plans, procedures, and requirements for the management of infrastructire and resources related to HSGP and implementation of state or Urban Area Homeland Security Strategies - Developing plans for mass evacuation and pre-positioning equipment _ oevetopini or enhancing plans for responding to mass casualty incidents caused bY any hazards_ Developing oi enhancing applicable procedures and operational guides to implement-the responsJactions within the local plan including patient tracking that addresses identifying and tracking children, access and functioial needs population, and the elderly and keeping families intact where possible - Developing or enhancing border security plans - Developing or enhancing cybersecurity and risk mitigation plans - Developin! or enhancing secondary health screening protocols at major points of entry (e.9., air, rail, Port) - beveloping oi enhancing agricultu re/food security risk mitigation, response, and recovery Plans- Developing public/private sector partnership emergency response, assessment, and resource sharing plans - Developing or enhancing plans to engage and interface with, and to increase t[e capacity of, private sector/n on-governmental entities working to meet the human service response and recovery needs of survivors - Developing or updating local or regional communications plans 69 Appendix C - Funding Cuidelines - Developing plans to support and assist jurisdictions, such as port authorities and rail and mass transit agencies - Developing or enhancing continuity of operations and continuity of government plans - Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate Federal assets provided under the NRF - Developing plans and response procedures for adjudicating, validating and responding to an alarm from a chemical or biological detector (response procedures should include emelgency response procedures integrating local first responders) - Developing or enhancing evacuation plans - Developing mechanisms for utilizing the National Emergency Family Registry and Locator System (NEFRLS) - Developing or enhancing plans to prepare for surge capacity of volunteers - Developing or enhancing the State EMS systems - Developing or enhancing plans for donations a nd volunteer management and the engagemenUintegration of private sector/non-governmental entities, and faith-based organizations in preparedness, mitigation, response, and recovery activities - Developing school preparedness plans - Developing preparedness plans for child congregate care facilities, inctuding group residential facilities, juvenile detention facilities, and public/private child care facilities - Developing plans to educate youth on disaster preparedness - Ensuring jurisdiction EOPs adequately address warnings, emergency public information, evacuation, sheltering, mass care, resource management from non-governmental sources, unaffiliated volunteer and donations management, and volunteer resource integration to support each Emergency Support Function, to include appropriate considerations for integrating activities, materials, services, tools and equipment to achieve planning inclusive of people with disabilities (physical, programmatic and communications access for people with physical, sensory, mental health, iniellectual and cognitive disabilities). Developing and implementing civil rights, civil liberties, and privacy policies, procedures, and protocols - Designing and developing State, local, tribal, and territorial geospatial data systems - Developing and implementing statewide electronic patient care reporting systems compliant with the National Emergency Medical Services lnformation System (NEMSIS) - Costs associated with inclusive practices and the provision of reasonable accommodations and modifications to provide full access for chlldren and adults with disabilities Preparing and submitting SCIPs for SHSP, grantees are reguired to submit to the Office of Emergency Communications as parl of an annual SCIP lmplementation 70 Appendix C -Funding Cuidelines Preparing and submitting reports to the Office of Emergency Communications (OEC) on progress of implementing that State's SCIP and achieving interoperability at the interstate, State, county, regional, and clty levels Updating and implementing SCIP and TICP to:' - Address findings and gaps identified in AARs from real world incidenls and planned eiercises, NECP Goal assessments, other State-level preparedness reports and assessments - lncorporate the NPS and DHS Whole Community initiatives - Address plans for implementation of the Federal Communications Commission (FCC) narrowband requiremenls - Describe strategic broadband planning activities and initiatives in preparation for the future deployment of the Nationwide Public Safety Broadband Network (NPSBN) Developing or conducting assessments, including but not limited to: - Developing pre-event recovery plans - Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop remediation/security plans - Participating Regional Resiliency Assessment Program (RRAP) aciivities - Conducting or updating interoperable emergency communications capabilities assessments at the local, regional, or Statewide level (e.9.' Communications Assets and Mapping TCASMD - Developing border security operations plans in coordination with CBP - Developing, implementing, and reviewing Area Maritime Security Plans for ports, waterways, and coastal areas - Updating and refining threat matrices - Conducting cyber risk and vulnerability assessments - Conducting assessments and exercising existing catastrophic incident response ind recovery plans and capabilities to identify critical shortfalls that cannol be met by existing local, regional, and State resources - Activities that directly support the identification of specific catastrophic incident priority response and recovery projected needs across disciplines (e.g., law enforcement, fire service, EMS, public health, behavioral health, public works, agriculture, information technology, and citizen preparedness) - Activities that directly support the temporary housing sites identification of pre-designated - Activities that support the identification and development of alternate care sites - Conducting community assessments, suNeys, and research of vulnerabilities and resource needs to determine how to meet needs and build effective and tailored strategies for educating individuals conducting assessments of the extent to which compliance with the integration mandate of disability laws is being achieved - Conducting or updating interoperable emergency communications capabilities and broadband needs assessments at the local, regional, or Statewide level 71 Appendix C - Funding Guidelines - Soft target security planning (e.9 , public gatherings) Developing, h-osting, or -participating in bo.1b1ng prevention/counter-improvised explosive jdevice liEO)-specific planning initiatives to include: - lncorporating appropriate IED-s-pecific inlelligence and threat analysis when developing and maintaining a THIRA;, - Conar.ting inve-ntories and asseisments of capabilities or typed resource utint tf'" iounter-lED-specific DHS National Cap:bilities Analysis ort"-uit" (NCAD) progiam for use in applicable THIRAs' preparedness reporting, or strategies; - CJnAr"iing onS rri'utti-..turisdiction IED Security Planning (MJIEDSP) worfsnopsio develop THIRA-based plans and strategies that maximize the use of limited resources; - Developing IED hazard-specific EOP annexes' ldentifying S an emerge which first Ensuring subjecl matler experts, durabl ,"ai."i"rpp1*s and other resources r ith Ji""oiriii". io maintain health, safety an eral population environments'Oevetoping and implementing a community preparedness strategy for the State/local jurisdiction Building and expanding governance structures to:-- _ in"iua" rlpr"seititir"s from multiple agencies, jurisdictions, disciplines, ieret. of gbremment, Tribes, ru aiareas, subject matter experts' and private industry - intelrate statewide leadership and governance structures into broader .trtE*iO" planning efforts (e.g., sta[ewide broadband planning activities, grants coordination activities, needs assessments) to ensure emergency dommunications needs are represented - Conduct outreach and education on emergency communications needs and initiatives to stakeholder groups Establishing, expanding, and maintaining volunteer programs and volunteer recruitment efforts that support disaste - Citizen suPPort for emergency r volunteer Programs and as surg but not limited to: Citizen CorPs CERTs, Flre Corps, Medical Reserve Corps (MRC), Neighborhood . .. Watch/USAonWatch, Volunteers in Police SeNice (VlPs), and jurisdiction sPecific volunteer efforts Establishing and sustaining Citizen Corps Councils Working wiih youth-serving organizations and houses of worship to develop and sustain youth and faith-based preparedness programs 72 Appendix C - Funding Guidelines Organization Activities inI iof fowing organization activities in support of public-private partnerships are allowable expenses. . Program management:] srury to-r a dedicated liaison who acts as the primary point of contact, coordinates the public-private partnership and ensures proper implementalion of the strategic plan -Facilities,includingmeetingspaceandworkspaceforprivateSector. liaisons. Granteei are encouiaged to use free space/locationsffacilities, *h.n"r"rpossible,priortotherentalofspace/locationsifacilities - Supplies needed to support regular communications - lmplementation of infrastructure resilience enhancement options . described in a RRAP report anagement concepts such as typing, to facilitate the dispatch, deployment, and and after an incident . Sustain partnership efforts to include:- - Slpport for in-person meetings, events, and workshops that bring the - pultic ana private sectors togltner' Grantees are encouraged to use free space/locaiionsifacilities, whinever possible, prior to the rental of sPa ce/locatio ns/faci lities_ weubased and social media tactics (webinars, emails, newsletters, alerts, databases, online collaboration tools, website development and maintenance, etc.) -lnnovativeapproachesforreachingtheWholecommunitytoinclude translated maierial for individuals that are blind and or have low vision capabilityandthosewithEnglishasasecondlanguageandcoalitions among citizens. - Leverige already existing structures and mechanisms' such as Citizen Corps, ior sharing information and engag-ing members of the Whole community to inilude: for-profit and not-for-profit entities, faith based,and communityorganizations,youth-servingandyouthadvocates'thosethat support socio-economic and diverse cultures . Structures and mechanisms for information sharing between the public and private sector: - Tools, software, programs, and other mechanisms that support two-way information sharing during normal and emergency operations - Means to receive input or feedback from the private sector' and encourage participation from civic leaders from all sectors _ Regularind timeiy communications on subjects relating to all phases of emergency management, such as newsletters, emails' and alerts . Tools, resoui"es and activities that facilitate shared situational awareness between the public and private sectors - Web-based and new media platforms that allow real-time information exchange 73 Appendix C - Funding Guidelines -Assetmapping,suchasparticipationinFEMA'sTotalAssetVisibilityand LogViz initiatives - A s'eat(s) in the emergency operation center, or virtual EOC Operational SupPort: - Tools foi identifying and tracking available paid and unpaid disaster response resources_ oeiicatea space and equipment for private sector representation within a State, county, or city emergency operation center _ A dedicated -busineis emeigency operations center that works with the State, counly or city EOC (not construction) - Tools for r"il ti." information sharing between the public and private sector - Licensing, screening, or other requirements for access to real EOC or virtual EOC FederalEmergencyResponseofficial(F/ERo)CredentialingandValidation: - Working group meelings and conferences relating to emergency responder credentialing and validation - Compiling data to entei into an emergency responder repository - Coordina'ling with other State, local, territorial, and tribal partners to ensure inte[perability among existing and planned credentialing and validation systems and equiPment - Planning to incorporate emergency responder identity and credential validation into training and exercises' - This supports our efforts to address grant money for the F/ERO program and furiher solidifies those efforts in additional to our independent efforts that Darcy has alreadY worked. Continuity of Operations / Continuity of Government Planning (COOP/COG) Grant Funding Opportunity COOP/COG planning is the fundamental responsibility of every government. agency that performJ an essential function at the State and local level. ln order to conduct necessary emergency operations, recovery actions, and other key "i."rtl"f functioni during- a large-scale or catastrophic event, the agency must have effective contin u ity pla ns'" 0,r.",o,,:l:l;Xr":?jl3"#B:j;lH: such as to ensure the survival of not onlY ut also an enduring constitutional ress COOP/COG issues should be licy described in Homeland Security Presidential Directive 20 (HSPD-20); the National Continuity Policy inuity Guidance Circular's 1 (CGC 1) and Stale, local, territorial, and tribal ations in developing robust Continuity prehensive and integrated national continuity capability. continuity issues to address include, but are not limited to: 74 Appendix C - [runding Guidelines -Determineessentialfunctionsandactivities,interdependencies'and resources needed to Perform them - Establish orders of succession and delegations of authority to key agency positions and establish and maintain current roste(s) of fully eluipdeb and trained COOP personnel with the authority to perform essential functio ns - Provide for the identification and preparation of alternate operating facilities for relocated operations - Provide for the regular iraining, testing, and exercising of COOP Personnel, systems, and facilities _ irrovide for reconstitution of agency capabilities, and transition from continuity operations to normal operations Training Information Training lnformation Reporting system ("webforms"), web-Forms is-an electronic tormlOai, management system 6ui[to assi:t the SM and its designated State/territory T porting of State and Federal sponsored tr ms can be accessed through the FEMA T FEMA resources include a number of different training sources: .FEMAProvidedTraining.Theseprogramsorcoursesaredevelopedforand delivered by institutions and organizations funded by FEMA. This includes the . Center tor Domestic Preparedriess (CDP), the Emergency Management lnstitute (EMl) and the National Training and Education Division (NTED) training partner progiar" including, the Competitive and Continuing Training Grant programs' ine-National Domestic Prepaiednes rConsortium (NDPC) and the Rural Domestic Preparedness Consortium (RDPC)' . Training Not Provided by FEMA. These courses are either state sponsored or FeJerai sponsored, cooidinated and approved by the sn4 or their designated Tpoc, a;d fall within the FEMA mission scope to prepare state, local, tribal, and tenitorial personnel to prevent, protect against, mitigate, respond to, and recover from acts of terrorism or catastrophic events' . slate sponsored courses. These courses are developed for and/or delivered by institutions or organizations other than Federal entities or FEMA and are sponsored by the SAA or their designated TPOC. . Federal sponsored courses. This catalog lists courses developed for and/or delivered 'by institutions funded by Federal entities other than FEMA. These courses are listed al http://www.firstrespondeftraininq'oov' . Approved state and Federal sponsored course catalog. This catalog lists state andFederalsponsoredcoursesthatfallwithintheFEMAmissionscope,and have been approved through the FEMA course review and approval process' An updated version of this catalog can be accessed at h ttp: //w ww. fi r stre s o o n d e rtra i n i n o. q ov. 75 Appendix C - Funding Guide)ines . Additionally the new National Preparedness Directorate (NPD) Online C9YP"-- Catalog (OCC) allows access to courses delivered by the CDP, EMI' and NTED' It can be accessed al hllo/ltrainina.fema.qov/occ/. . Joint Training and Exercises with the Public and Pivate secfors. These courses are sponsored and coordinated by private sector entities to enhance public- privaie partnerships for training personnel to prevent, protect against, mitigate' respond to, and recover from acts of terrorism or catastrophic events' Each FEMA training partner should contact the SM or designated TPOC for locations within the State thai are appropriate for the training. When the direct delivery funds are exhausted, the training partner can continue to offer the classes to the states through the Excess Delivery Acquisition Program (EDAP)' EDAP allows an NTED training partner to charge for a course delivery when the Federal grant that developed the program is completed or morg deliveries of a requested class Ire needed than ihe grant funds can accommodate. The cost per class is approved by FEMA so that states pay for the cosl of instruction only, not the cuniculum development costs that were paid by FEMA training grant funds. HSGP funds can be used to pay for the delivery of these classes within a State at the request of the SAA/TPOC. Attending Training Not Provided by FEMA (State and Federal Sponsored Courses), States,lerritories, and Urban Areas are not required to request alproval from FEMA for personnel to attend training not provided by FEMA (State or Federal sponsored courses) provided that the training is coordinated with and approved by the S'M oTTPOC and ialls within the FEMA mission scope and the jurisdiction's EOP and strategy of preparing State, local, tribal, and territorial personnel or citizens to prevent, protecl-againsi, mitigate, respond to, and recover from acts of terrorism or catastrophic events. FEMA will conduct periodic reviews of all State, territory, and Urban Area training funded by FEMA. These reviews may include requests for all course materials and physical observation of, or participation in, the funded training. lf these reviews deiermine that courses are outside the scope of this guidance, grantees will be asked to repay grant funds expended in support of those efforts. state and Federal-sponsored course catalog. courses approved through NTED will be added to the approved State and Federal Sponsored Course Catalog Courses identified within this catalog may be attended on an unlimited basis within any State/territory as long as the kaining is coordinated and approved by the SA,a/TPOC. A full description of the NTED Course Development, Review, and Approval Process, as well as the approved course catalog, can be found at http://v'rww.fiiitresponderlrainino.oov/odo webforms. NTED will respond to the initial request for review within 15 days with one of the following outcomes: 76 Appendix C - Funding Guidelines . course concept is approved as consistent with the state plan and the state shouldsubmitthefullcoursepackageforsubjectmatterexpertreviewand comment or . course concept is disapproved as inconsistent with state plan, FEMA guidance, or is exacfly the same as another course in the catalog (no need for another approval, refer to the curriculum already developed and approved)' At any time, the sM/TPOC (for state sponsored co.u.rses) or the Federal agency POC for Federai sponsored courses) may request the addition of a course to the corresponding approved catalog by submitting the associated web-Form (i.e., Request for Addition tdthe ApproveO Stite-sponsored Catalog) for review. lf a class on the same subject is already in the catalog, the submitting State should provide documentation as to w-hy lhe course is unique, after contacting the owner(s) of the other "or""" to review the cuiriculum. This step is required to avoid unnecessary duplication of similar courses in the catalog, allow states to share course development costs, nique courses develoPed bY other ining dollars to delivery ralher than posed course meets the above listed ederal Agency POC) will be invited to submit the course Review and Approval Request Form along with all supporting training materials. states, territories, and Urban Areas are no longer required to submit non-FEMA ;pp;;;J "oro"i to NTED for review under thL current course review and approval p'o""...lnpreviousyears,FEMAfundingguidance.and/orfundingopportunity lnnouncements identified that the sAA/TPOC was allowed three deliveries of the same course within a state/territory before a non-FEMA approved training course was *qrir"O t" go through the NfED State course review and approval process. Although ine "rn"nt S13t" coJrre review and approvi lprocess is still available to any State, there is no longer a requirement lo submit a course for review after three deliveries. For further information on developing courses using the instructional design methodol nd TPOCs are encourag ment Center (RTDC) available FEMA funds must be used to supplement, not supplant, existing funds that have been appropriated for the same Purpose, states and lerritories are required to conduct a Training and Exercise Plan Workshop to identify and set training and exercise pro schedule of exercise events and support year Training and Exercise Plan will devel Workshop to include training and exercise officials and whole commun-ity stakeholders. Further guidance concerning the Multi- year Training and Exercise Plan can be found in the Exercises section' 71 Appendix C - Funding Guidelines Joint Training and Exercises with the Public and Private Sectors. Trainings and exercises designed to enhance private sector and public sector coordination are allowable. Overtime pay for first responders and emergency managers who participate in public-private training and exercises is allowable. ln addition, States, tenitories, Tribes, and local units of government are encouraged to incorporate the private sector in governmentsponsored training and exercises. Training and exercises for the public or civilian volunteer programs supporting first responders, including CERT, before, during and after disasters should address the needs of the Whole Community. Allowable training includes: all-hazards safety such as emergency preparedness, basic first aid, lifesaving skills, crime prevention and terrorism awareness, school preparedness, youth preparedness, public health issues, mitigation/property damage prevention, safety in the home, light search and rescue skills, principles of NIMS/lCS, volunteer management, serving and inlegrating people with disabilities, pet care preparedness, training necessary to participate in volunteer activities, fulfill surge capacity roles, integration and coordination of faith community roles, communication in disaster or promotes individual, family, or whole community safety and preparedness. Exercises that include members of the public or that are conducted for the public should be coordinated with local CERT and Citizen Corps Councils as well as organizations oulside of emergency management and focus on the importance of personal preparedness and protective actions. Allowable Training Costs Allowable training-related costs include, but are not limited to, the following: . Developing, Deliveing, and Evaluating Training. lncludes costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, disability accommodations, and equipment. Training should provide the opportunity to demonstrate and validate skills leamed, as well as to identify any shortfalls in these skills. Any training shortfalls, including those for children and individuals with disabilities or access and functional needs, should be identified in the MR/lP and addressed in the training cycle. Expenditures to provide necessary non-structural accommodations for persons with disabilities and other access and functional needs is allowable (e.9., sign language interpreters, Communication Access Real-time Translation [CART] and other modifications of policies and practices to fully include participants with disabilities). Stakeholders are also encouraged to leverage existing training provided via educational/professional facilities and to incorporate non-traditional methodologies such as the internet, distance learning, or home study whenever such delivery supports training objectives. Pilot courses and innovative approaches to training citizens and instructors are encouraged.. Training that promotes individual, family, or community safety and preparedness is encouraged, including: all-hazards safety training such as emergency preparedness, basic first aid, lifesaving skills, crime prevention and terrorism awareness, school preparedness, public health issues, mitigation/property 78 Appendix C - Funding Cuidelines damage prevention, safety in the home, light search and rescue skills, principles of Nll\is/iCS, volunteer management and volunteer activilies, serving and integrating people with disabilities, pet care preparedness, CPR/AED training, iOeniry tn-eit workshops, terrorism awareness seminars, and disability-inclusive community preparedness conferences. The delivery of the CERT Basic Training course and supplemental training for CERT members who have completed the basic training, ihe CERT Train-the-Trainer Course, and the CERT Program Manager Course are strongly encouraged. Conducting, hosting, or participating in training related to IED prevention, protection, mitigation, or response to include:' - Awareness and education for the public, private sector and first responders; - Suspicious activity identificalion and reporting; - Management of bomb threats; - Physical protective measures; - Diversion control measures for dual-use explosive precursor chemicals; - Training for specialized IED prevention and protection teams or OPacks such aJ Public Safety Bomb Squads' Explosives Detection Canine Teams, and Mobile Explosive Device Screening Teams in accordance with applicable guidelines, certification, or accreditation requiremenls' Overiime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of attendance at FEMA and/or approved tEining courses and programs, are allowable. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit(s) of local governme.nt and has the approval of the btate or the awarding agency, whichever is applicable' ln no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government and from an award for a single period of time (e.g', 1:00 p.m. to 5:00 p'm.), even though such work may benefit both activities. Iravel. Costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. Hiringbf Full or pafi-Time Staff or Contractors/Consultants. Payment of salaries and f-ringe benefits to full or parttime staff or contractors/consultants must be in accorda-nce with the policies of the state or unit(s) of local government and have the approval of the State or awarding agency, whichever is applicable. Such costs must be included within the funding allowed for program management personnel expenses. ln no case is dual compensation allowable.'cefiification/Recedification of lnstructors. states are encouraged to follow the NTE lnstructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses that involve training of trainers. This information is contained in lB 193, issued October 20,2005. Additional information can be obtained at h tto : //www.fem a. qov/oood ou id a n ce/dow nlo ad/1 0 1 46. 79 Appendix C - Funding Guidelines Exercise Requirements |ii*iii-"niEr"rcise Plan Workshop. States and_Urba.n Areas are required to conduct an annlal Training and Exercise plan workshop (TEPW. A Multi-year Training and Ei"rri." plan muit be developed from the workshops on an annual basis and *uritt"o to the State's respective Exercise Program Point of contact. The state gili.i.. progr.m point of contact should submit a copy of the State and Urban Area plans to hseep@dhs.oov. he State's program priorities and a Multi- at supports the identified priorities and of the Multi-Year Training and Exercise ring and exercises should be entered in the (Sl System, located in the HSEEP Toolkit on the HSEEP websile httos://hseep.dhs.oov. A TEPW user guides and a template of the irarii-i"ar ft"ining ;;a Exercise Plan can be found on the HSEEP website h ttps : /h s e e p. d h s. qov - states must complete a cycle of progressive exercise activities during the period of this rban Areas may be used to fulfill similar . For examPle, HHS sure autnoritiSX?liX5flT,iil1illilll;ll" which could provide collaborative opportunities' To this end, grantees are encouraged io invite reprlsentatives/planners invofued with other federally-mandated or private exerciseactivities'StatesandUrbanAreasareencouragedtoshare,ataminimum, ttr" rrfiiy"., ttaining and exercise schedule with those departments, agencies' and organizations included in the plan. . Exercise scenanbs. The scenarios used in HSGP-funded exercises must be based on the state/urban Area's THIRA. The scenarios used in HSGP-funded exercisesmustfocusontestingcapabilities,mustbelargeenoughinscopeand Sizetoexercisemultipleactivitiesandwarrantinvolvementfrommultiple jurisdictions and disciplines and non-govemmental organizatio.ns, and take.into iccount the needs and requirements ior individuals with disabilities. Exercise scenarios should align with priorities and capabilities identified in the Multi-year Training and Exercise Plan. . Speciai Event planning. lf a State or Urban Area will be hosting a special event (e.g.,SuperBowl,G-8-summit),thespecialevenlplanningshouldbeconsidered isi training or exercise activity for the purpose of the Multi-Year Training and Exercise Plan. The State or Urban Area should plan to use SHSP or UASI fundingtofinancetrainingandexerciseactivitiesinpreparationforthoseevents. StateJand Urban Areas ihould also consider exercises at major venues (e.9., arenas,conventioncenters)thatfocusonevacuations,communications,and command and control. states should also anticipate participating in at least one RegionalExerciseannually.statesmustincludeallconfirmedorplannedspecial events in the Multi-year Training and Exercise Plan' 80 Appendix C - Funding Guidelines . Exerclse Evaluation and lmprovemenf. Exercises should evaluate performance of capabilities against the level of capabilities required. Guidd,nce related to exercise evaluation and improvement planning is defined in the HSEEP located al h ttp s : /h see P.d h s. o ov. . S"ESG,'rrs E*.,* Programs- States are expected to develop a self- . sustaining exeicise program. A self-sustaining exercise program is one thal is successfJlry able to imp-lement, maintain, and oversee the Multi-year Training and Exerciie plan, inciuding the development and delivery of HSGP-funded exercises- The program muit utilize a multi-disciplinary approach to the . oevetopment and d'.elivery of exercises, and build upon existing plans, training, and equipment.. Role of Non'Govemmental Entities in Exercises' Non-govemmental participation in all levels of exercises is strongly encouraged. Leaders from non- lovernmental entities should be included in the planning, conduct, and lvaluaiion of an exercise. State, local, tribal, and tenitorial jurisdictions are encouragedtodevelopexercisesthattesttheintegrationanduseofnon- governmental resources provided by nongove private sector and private non-profit, faith-base r and other non-governmental organizations. No exercises should be coordinated wit t the local equivalentandotherpartneragencies.ThescenariosusedinHSGP-funded exercises must focus on validating existing capabilities, must compty with and be large enough in scope and size to exercise mul involvement from multiple iurisdictions and disc organizations, and takd int,o account the needs ls with disabilities. Allowable Exercise Costs Allowable exercise-related costs include: . Funds USed to Des,gn, Develop, Conduct, and Evaluate an Exercise ' lncludes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation' Grantees are encouraged to use goveinment or free public space/locations/facilities, whenever available-, prior to the rental of space/locations/facilities. Exercises should providetheopportunitytodemonstrateandvalidateskillslearned,aswellasto identify any shortfalls in these skills. Any exercise or exercise shortfalls, including tfiose for children and individuals with disabilities or access and function-alneeds,shouldbeidentifiedintheMR/IPandaddressedinthe exercise cycle.. Full or prri-tir" staff may be hired to support exercise-related activities. Such costs must be included within the funding allowed for program management personnel exPenses-. the applicant's formal written procurement policy or 44 CFR 13.3G- whichever is more stringent - must be followed. 8l Appendix C -Funding Ciuidelines . oveiime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of lime spent on the design, development, and conduct of exercises are allowable expenses. These costi are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the Siate or the awarding agency, whichever is applicable. ln no case is dual compensation allowable. That is, an employee of a unit of- govemment may not receive compensation from their unit or agency of iovernment ANb from an award for a single p-eriod. of time (e g', 1:00 p'm to 5:OO p.m.), even though such work may benefit both activities' . Travel. Travel costs are allowable as expenses by employees who are on travel status for official business related to the planning and conducl of exercise project(s) or HSEEP programmatic requirements as described in the HSEEP (e.g., Training and Exercise PIan) . .iupplles. Supplies are items that are expended or consumed during the course ot ihe ptanning and conduct ofthe exercise project(s) (e g , gloves, non-sterile masks, and disposable protective equlpment). o Disability Accommodations. Materials, services, tools and equipment for exercising inclusive of people with disabilities (physical, programmatic and communiiations access for people rith physical, sensory, mental health, intellectual and cognitive disabililies). . other ltems. These costs include the rental of equipment and other expenses used specifically for exercises, cosls associated with inclusive practices and the provision of realonable accommodations and modifications to provide full access for children and adults with disabilities. Unauthorized Exercise Costs Unauthorized exercise-related costs include: Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e,g., construction vehicles), medical supplies, and emergency response apparatus (e.g., fire trucks, ambulances). Equipment that is purchased for perman ant installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs). E2 Appendix C - Funding Guidelines LOS ANGELES GOUNW DEpARTMENT OF AUDITOR--C-OUinOllen / SHARED SERVIcES olvlsloN HOMEIAND SECURIW GRANT REIMBURSEMENT FORM EXHIBIT G l. Enter Grant Year:Pleasesubmlt!9g!!!gsupPortlngdocum€nts,frlesandcomplebdnelmbursem€ntfomat ln the event e-mail is not available, pu can mail your claims io (please do not fax or send dupllcates): Departme nt of Audltor-controller Shared Services Divlslon / Attn: Grants Unit 3470 Wilshlre Elvd', Suite 812 ffi;: [.nu,r**nt "t""k will be made peyable to lhe ttmo enler horo) @whgG}ouwsnt}ourcheckdeliver6d.lncludingat1entonllnelfrecessary): 5. VENDOR'S INVOIGE T (f sGn lces, supplics or equlpment wrrc purchas€d, Phssc attech lrn olcca) c puncxse METHOD (lf scrvices, suPPllcs or oqulpment are bdng cbimed) r. SOLUTION AREA (e.9. eqrdpment training, plannlng, exercise) 2.lTEi' # (e.g.17,020) 3. PROJECT ALPHA (e.s'D) 4. EHP requlrsd? (ENnunmnbl E Hlsda PGslrv&n) (lndicatc thc amount PcI each line) No Yet (auactr pdor Stab Apptoval) Gompcnntc Bld? sola Soufca? (fichptlorsttb Approral for purchGr oiE100K trmolrbssirlla vlttdor) E.TOTAL 9 WITH RECEIVED DATE HERE: ASSIGNED CLAIM TRACKING NO.: Penelty of Pedury I cerufy thet (please use the ctreckbox): l-l 1 . I am th6 duly aulhorizad officer of the clelmant hereln and this clalm is in all resp€ct true and conect All L-f "ii*i,iiil "t" i"l. ri ".-,u"nce with appllcabl€ laws, rules, regulatlons and grail conditlons and assuanclxi. 2, All lnstrucflons for thls form rirere followad and all the supporllng documentefion (p6r lnstruciions) is includcd with lhis claim' AUTHORZED CONTACT INFORMATION llt dlftrent lrom Sectlon B): Revised on 06/19/2012 COUNTY OF tOS ANGELES DEPARTMENT OF AUDITOR-CONTROLTER / SHARED SERVICES DIVISION Purpose of this form: To assist sub-recipients in completing the Homeland security Grant Reimbursement form. we appreciate your participation in this program, for questions or suggestions please. use our e-mail below to contact us' Please do not send these instructions to us, they are to be used for your guidance only' ln numeral 1 of this section, please enter the year of the grant Program that you are submitting for reimbursement' .aaifion, pte-ase help us expedite the process of your Homeland security claims by: o a a a a a completing the reimbursement forms conectly and according to these instructions' submitting your claims using our e-mail -> Grants@auditor.lacounty'gov (please do not fax documents)' Sending your claims only once (we do not require original documents and duplicates will slow down our process)' Using the checkboxes to ensure all the required supporting documents and files accompany your claim form' Supporting documents are flagged for your convenience with a checkbox within the corresponding areas' Ensuring that all documents attached to your claims are legible ' submitting claims timely. we do not guarantee the process of claims that are submifted late or too close to the final due date. Reimbursable expenditures need to le charged within the performance period of the grant and submitted to us as soon as they are incuned' The following nurnerats provide the instructlons to fill ln the corresponding numeral in the form: 1. please enter the name of the agency requesting the reimbursement. The name of the agency should be typed rimhr rrcamcnt nhoak;.'":ff;l"J 'i:=.;;;J; #;#;i';il;il ;;ed it to appear in the payee rine or the reimbursement check' 2. please enter the complete address (street number and name, city, zip code) and attention line where you will need to receive the reimbursement check. Please note that this is not necessary for L.A. County departments' 3. .please enter the tax lD of the govemmental entity requesting reimbursement. Please leave blank for L'A' Gounty departments. 4. please enter the information of the person that can assist us with detail claim questions' lnordertoexpediteyourclaim,inthisarea.sgrid,includeamaximum.:11lLlX#i#lijl.i"l, J'"i i,i.;jilll-dJ;rHr. 'rhe invoices or charses need to share the same solution area, project ^L^..rr ha aratmaer oanarala rnm inuniees of anothef flSCal ;#: ?|!l'r'#,"i111ffi;;HHil;;;;, (Fy 11i12)shourd not be combined wrth n invoice dated october2012 (FY 12113) in the same claim request' The followlng numerals provide the instructions to fill in the corresponding numeral in the form: ,1. Enter the solution area corresponding to the claim. This information is found in the latest budget of the grant' Examptesofsolutionareasare:equipment,training,planningorexercise. z. Enter the item # corresponding to the claim. This information is found in the latest budget of the grant' An examPle of ltem #is 17.020. 3. Enter the project alpha corresponding to the claim. This information is found in the latest budget of the grant' An examPle of Project alPha is D. 4. Check with an X under either yes or no according to the claim's Environmental & Historical Preservation (EHP) requirements from the State. EHp approval neeis to be obtained from the state prior to the purchase of certain equipment items (see AEL description) or training/exercise projects. Please attach the following: ")EStateEHPApprovat:ifrequiredbythestateforyourclaim. Revised on 113012014 Page 1 of 5 COUNTY OF LOS ANGEIES DEpARTMENT OF AUDITOR-CONTROTLER / SHARED SERVICES DlVlSlON S. lf the expenditures that you are claiming were purchased thru a vendor or contractor, please enter the invoice # in the grid area. please note that you are responsible for following acceptable purchasing policies and for documenting your procurement process. Ro'aitionaily please include the following documentation with your claim: a) E Copy of the lnvolce: please attach an invoice that provides sufficient information to be used as a cross reference w1h the items described in your gr nt line item and AEL #. when the invoice includes items that are not being claimed or that belong to Oifferent claims or grants, please circle and designate on the invoice the items that you are requestin6 for reimbursement. Each item circled must have a project #' a funding source, and a totdl. Purihase oiders and price quotes will not be accepted in the place of the invoice. b) E Copyofthe purchase order c) [ Rrtnt out of the correspondlng AEL # (Authorized Equipment Llst number). The AEL listing can be found at: https://www.rkb-us/fema-grants'cfm d) l-l proof of oavment of the lnvolce: The proof of payment for L.A. county Departments is the printout from L_J e-CApS showing that the check cleared the bank. The proof of payment for other than L.A. County Department is the corresponding copy of the bank's cleared check . e)tr Calculations for use tax paid: When use tax is paid, clearly show the calculations of the use tax in the invoice included in your claim. proof of payment of the use tax: Please provide official documents which authenticate the remittance of the use tax io the state, the amount and the reference to the invoice being claimed' Federal Debarment Listing: Please provide a screen print out of the queried Federal Debarment Listing at https://www.sam.gov/poriat/publid6AM/ (you will need a usemame and a password; if you don't please create an account) . The listing needs to be queried orior to the purchase of the items being claimed' This will certify that the vendor is allowed by the state' s)tr lf you are claiming services, supplies or any other type of items purchased thru a vendor or contractor, please select with an X the method that you used to acquire the items (do not leave blank). Please note that competitive bid and sole source are the only two valid purchasing methods' a) - Sole Source State Approval: for non-bid purchases of $100,000 or more to a single vendor or a single-' LJ p.j".i pf""re attach the sole source approval from the State. The approval needs to be requested from the State prior to the purchase of the items. Enter the amount of your claim after you verify that your budget is sufiicient to cover your request. When the amount of the budgei is not sufficieni, please let CDAT know of the possible need for budget modification- Enter the "TotalAmount" by adding the subtotal claims included in each line' please read and check the box provided if you are an authorized signor. Please sign the claim if you are an authorized signor of your agency' When the authorized person is the same as the contact person in Section B you do not need to enter the authorized contact information. lf the authorized person and the contact person in section B are different, please enter all the fields in this area as requested. 6. 7. 2. 3. 4& 5. The foltowing numerals provide the instructions to fill in the corresponding numeral in the form: 1. Please read and check the box provided if you are an authorized signor. Revised on 113012014 Page 2 ol 5 For EduiDment Clalms: a) T-l Equipment lnventory Listing (Print out & Excel File): Please include both the Printout ot the listing and ,LI the conespondtng excet file;ti your claim. The excelfile is used to submit your claim with the state and the printout as beikup documentior audits. lf there is no serial # for your equiPment please assign a valid lD tag, or write "consumable" (if it applles) do not write N/A or leave the corresponding space blank . '1pl"r"e ensure thai he following information is in your lisgng: proiect #' alpha, equipment description, AEL #, AEL title, invoice #, vendor. total cost, invoice date, acquired date, Serial#. conditlon and disposition, deptoyed locaiion and grant year. Please Provide the g@g!g!9-edd.t9!i9 of the deployed location. Additionally, please enter the apPropriate cBRNE Mission (chemical, Biological, Radiological, Nuclear' or Explosive) in the column titled"Equipment )escription & Quantity". This only apPlies to vehicles with AEL # 12VE-OO-MISS (Vehicle Specialized Mission:CBRNE)' you need to inform us of any changes on the ltems above *t. Thls applles to each piece of equlpment added in the lnventory Listlng, includlng when the ]tems are dlsposed and,or no longer uierut. we wlll update the mastlr inventory llsflng (per grant requlrement) accordlng to the informatlon you givs us. Pleass maks surs that you include all the attachments that aIe necessary to provide us with the requested informatlon' Grant.FundodTypedResourceReport(ExcelFlle):PleaseGomPteteandincludewithyourclaimthe excel Rle tiled ,,giant-fundedtypedresourcetool_os1612" starting with the 201 1 SHSHP and subsequent grants. For Trainino Claims: a) T-l State€ponsored Tralnlng RePodng Form (wlth the tracklng requBt #): Please add thls form along-'" *m tn"'f;gining Reque$ FormTraining officer (POC), which you completed at lhe wsb6itE, to the claim,s backup documentation. All the backuo documentation submitted for the taining claim needs to agree with the training period and the detail description on the Training Reporting Form and lhe line ltem of the Grant. b)f-lRecelptsandpaidlnvoices:pleaseincludethecompletecopyofthereceiptsandpaidinvoiceswith - your ciaim for ltemized costs such as air plane tickets, hotet stays, instructor's fees, vt orkshoP cost, facitities fees, consulting services, etc. Additionally, you will need to lnclude the documents requested in numeral 5 under Seclion C. c) T-'l Grant-Funded Typed Resource Report (Excel Flle): Please complete and include with your claim the ' ! excel file tided ,'giinffundedtypedretourcetool0sl612" starting with the 2011 SHSHP and subsequent grants. lf you are including personnel cost wlth your training claim, please add the following: d) E Do"uln"nts that cedify comPletion of the trainlng: please he class name, dales of training, # of hours of the training class, taking the class and approval signature from supervisor or ka positions also). Examples of documents that certify completion of training are: . Attendance sheets (signed by employee and instructoo- Sign in sheets (same as above) ' Signed training certificates COUNTY OF LOS ANGELES DEPARTMENT OF AUDITOR.CONTROTTER / SHARED SERVICES DIVISION Revised on 1/30/2014 Paoe J ol 5 COUNTY OF LOs ANGEIES DEPARTMENT OI AUOITOR.CONTROLLER / SHARED SERVICES DIVISION the s claim the the total mpl hours claimed, regular rate, overtime rate, emPloyee b calculationJ of amount claimed per employee and total (equal to the amount claimed)' Please ensure that lhe Trainlng Summary Sheet is verified/approved by an authorized signatory' wlth prlnted name and titls' and dated' oil Dn Backup for the Beneflts RatE: lf you are adding benelits to your claim' Please make sure that you include the official calculalion for ihe rate used' S) T-l printout of the s to lndicate the # aY to the grant g ture Automatic cards need to d loYee and hours charged Per day lo ihe grant h) Tl Explanation of tlmekeeping codes: When the supPorting documenlation (timesheet' payroll register'''' - "r"j in"JrJ"" iir"r,""pi.g "lo-"-.-;""i" p.ria" " piintori*ith th" "xPlanation of the usage as deiailed as Possible. Pavroll reolster: The payroll register needs to clearly support and explain the amount claimed per ;;t&;;"i ;';; "".i. io.noritt" "alary, hourlv rate, emplovee benefits and oveftime rate' Roste'ofbackfilledPoslttons:Whenyouareclaimingovertimeforabackfilledposition,Pleaseattach ir," uacr.tirreo toster t; your claim The roster needs to include the name of the backfilling employees' a shortdescriptionofdutiesdingemployeewhosedulieswerecoveredandthe dates accordingly. Please is signed and that you include documentation conesponding io the emp kfilling position' For Plannino Claims: a) -l Dellverable (or final product): please include with your claim the final product of the planning activity ' " (deliverable) ihat was identjfied in the grant award' Signed Certificate of Completion: The certificate of comPletion can be an e-mail confirming that the planning activity was comPleted. lnvoices: lf your planning claim includes charges invoiced by vendors' please see requirements and oo"rments you need to Jttach to your ctaim foim urder Seclion c (numeral 5 and numeral 6)' Supporting Documenratlon for Personnel Cost: When your planning claim includes personnel cost' 0,"'"1" "*ii" il ,ndertraining claim (supporting documents needed) and add to the documentation. n n tr b) c) d) a) fl ProofofstateAPprovalofAfterActionRePort(AAR):lnorderforyourAARtobeapprovedyouhave rL .r-oJi ,t i"ir,L'iiaie using the oD-C iort"ii."" iint u"row). within 60 days following the. completion of the exercise. you need to notify the State wh;n th I AAR is uploaded so they can proceed with the approval process. https://hseeP.dhs.gov/DHS-SSO/ b) n lnvolces: lf vour exercrse claim includes charges invoiced by vendors please see requirements and " " ;;;;;t" V* |"l,Jo.tt""n to your ctaim foim under Section C (numeral 5 and numeral6). DE For Exerclse Claims: Revised oo 1,€0/2014 Page 4 of 5 COUNW OF TOS ANGEIES DEPARTMENT OF AUDITOR.CONTROLI.IR / SHARED SERVICES DIVISION For Exercise Claims (Continued): c.t l-l Suoooltlno Documentaflon for personnel Coet When your exercise claim includes personnel cost' , t_-l please ses d) ioD unoer rnaining Glalm (supportlng doouments needed) and add to the documentation' Revlsed on 1/30/2014 Page 5 oi 5 STATE HOMETAND SECURITY GRANT EQUIPMENT INVENTORY AEL Titl€ l6el@ ,verdd I ** l** le'1;#F DeEot€d tDddr (?6bEOtrtra.tt f- 2010 SHSGP Equip InventorY Lstlnq lfna ,ArDtE Equpffit oeelpsm u q6nry GdbR ilH TIPad nEdm iip6,t I ad!fltto8. trthNrnF{ililryt,fsroIBd.2.,;het lm h hllBi4lrilits ,,OitrFlnrtt( ,kM!..Gcditw$Fddr6, ,.1&rlb 4ot iE {@dsoi&} ''h,'dd,Mdei{h.lbMl.id!!skhl,xDbd$frBhhtd4i,irniPr&dEIed[6EaEd$ghE{ddd4tlhiqb.i|6.EBl{yl@d Nlli9TE do&idd TdIJ rYr( I SurbrdtFd Typ.d E$drn.d a ot Df.d,s Iahd quPo,r {T.&tl! i otx$!/C.flo$tY oll.trdrlrFrd Sryp4d UrylEtfil C4S{t Tralnlng summary Sheet 2013 HSGP Jurlsdlctlon Name: Training Provider: OHS AoProved Cou6e Tltle: H"n-SiOCp Course Tltle & OHS Tracking No' (requires Pre-aPProval thru OEM) Date of Gourse: Glass/ Exercise Duration/Hours: 9AIAEI, cl-Al!, MTAL EUE-Ug. I ^r!D.wE w AulEi:Ed 54oalue Pid liamB en InD tMFtr{ v! 0S. 08lW inln E FMFyJ v1.09' 06109 EXERqSE ROSTER 0d. ot Ectde Er€r.de Rol€Ddf AAR enterd hE I6EEP EErcise Tiie Soluton Arcr t rlictuon DIBip0ne lIlmDs t:PANII ft.lTAL REGE! ED JUL 01 2015 CITY CLERK'S OFFICE STAFF REPORT FIRE DEPARTMENT RECEIVED JUill 2 3 20t5 CITY ADMINI ATION DATE: TO: FROM: RE: July 7,2015 Honorable Mayor and City Council Michael A. wilson, lir" cni"t@x.g. Origin ato r : Ad rian a Ra m o s, AdWnlstrative S ecretary Donation of 1964 Crown Fire Coach 2000 GPM Pumper to the California Fire Museum and Safety Learning Center Recommendation A. Find that authorization of the proposed donation 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 environmen! and B. Authorize the donation of a surplus 1964 Crown Fire Coach 2000 GPM Pumper to be conveyed to the California Fire Museum and Safety Learning Center ("CFM"); and C. Enter into a donation and release agreement, in substantially the same form as submitted herewith, with CFM to use, retain or dispose of pursuant to the historical and educational purposes of the museum. Background CFM is a non-profit, tax-exempt organization that was founded in 2003. The organizatiort strives to preserve and protect the history and heritage of the fire service in general, with special emphasis on the California Fire Services. They collect, restore, preserve and exhibit apparatus, equipment, art and artifacts of the f,rrefighting profession. CFM is dedicated to providing fire prevention education to the community through training programs and demonstrations in life safety practices using historical artifacts to bring to life the history of firefighting service and technology. Based on the foregoing, it is beneficial and appropriate that the City support and facilitate the public safety education efforts of CFM by conveying the surplus 1964 Crown Fire Coach 2000 GPM Pumper. Page I of2 Fiscal Impact There is no fiscal impact associated with the proposed donation. Attachment(s) 1. Deed of Gift to the Califomia Museum and Safety Learning Center Page2 of2 4305 Santa Fe Avenue, Vetnon, California 90058 Telephone (323) 583-8811 Deed of Gift to the California Fire Museum and Safety Learning Center I, W. Michael McCormick, Mayor of the undersigned Donor, hereby donate and convey on behalf of Donor, the physical property described in Section No. 2 below, to the California Fire Museum and Safety Learning Center ("CFM"), subject to the Terms and Conditions attached hereto, to use, retain or dispose of pursuant to the historical and educational purposes of said museum. 1. Donor Information: Agency Name: City of Vernon Agency Address: 4305 Santa Fe Avenue Vernon, CA. 90058 Telephone Number: (323) 583-8811 ext. 266 2. Description of Property: 1964 Crown Fire Coach 2000 GPM Pumper License Plate # 165024 Serial #F1377 Mileage 81,808 W. Michael McCormick. Mayor Donor's Name and Title Donor's Signature Date Don Forsvth. President California Fire Museum and Safety Learning Center Representative Signature of Museum Representative Date (E 4c fusiv e fi I n[us tria t of @orn n Page2 Terms and Conditions The California Fire Museum and Safety Learning Center ("CFM") has accepted Donor's gift of the property described in Section No. 2 above (the "Property"), subject to the following terms and conditions: 1. The City of Vernon Fire Department, with the approval of the Fire Chief, and authorization from the City Council of the City of Vernon will have the right to use the Property anytime it is needed for department related activities, by giving CFM a three (3) day notice of use. 2. The vehicle, if altered by CFM in any way, will be restored by CFM (at CFM's sole cost) to a condition considered operational and presentable for display reflective of its role and duties as assigned in1964. 3. The City of Vernon Logo and the Vernon Fire Department lettering and numbering will be maintained and not altered. 4. CFM will release Donor from all liability for this gift and comply with the following Donation Agreement and Release: City of Vernon, 4305 Santa Fe Avenue, Vemon, California 90058 - Telephone (323) 583-8811 Page 3 Donation and Release Agreement This Agreement conveying a surplus Vehicle ("Agreement") is entered into by and between the City of Vernon (the "City") and the California Fire Museum and Safety Learning Center ("CFM") with reference to the following: Recitals CFM educates the general public through training programs and demonstrations in life safety practices using historical artifacts to bring to life the history of firefighting service and technology. Based on the foregoing, it is beneficial and appropriate that City support and facilitate the public safety education efforts of CFM. Agreement 1. City shall convey to the CFM a 1964 Crown Type I 2000 GPM Pumper (F101) ("Vehicle"). Conveyance of said Vehicle shall be deemed to have taken place when the CFM takes delivery thereof. Said Vehicle is not warranted by City to be fit for any purpose and CFM accepts the Vehicle "as is". 2. Said Vehicle shall be inspected by a CFM representative at a time and place agreed upon by the parties prior to delivery. 3. Upon delivery of the Vehicle, City shall not be liable or in any other way responsible for any defects or for failure of the Vehicle to perform its intended purpose. Nor shall City be liable or in any other way responsible for any loss, damage, or injury to third parties arising from or caused by defecis in ihe Vehicle or in any part thereof. The City of Vernon will maintain insurance for this Vehicle and will be listed as "Additionally Insured" under CFM's applicable insurance policy any time the Vehicle is used. 4. CFM shall defend, indemniff and hold harmless City, its officers, directors, agents, employees and attorneys from and against all claims, suits and damages asserted by CFM and/or any third party arising out of or in any way related to the ownership, conveyance or use of said vehicle. 5. CFM represents that the Vehicle will only be used to educate the public in fire technology, fire suppression and show the historical value of said Vehicle. 6. CFM agrees to allow City continued use of the Vehicle upon request and three (3) days' notice. 7. The Agreement shall be interpreted in accordance with the laws of the State of California, without regard to its conflict of laws rules. 8. By his signature below, Don Forsyth, President of CFM, represents that CFM is a legal entity authorized to make and enter into contracts and that he is authorized to bind CFM. City of Vernon, 4305 Santa Fe Avenue, Vernon, California 90058 - Telephone (323) 583-8811 Page 4 In witness whereof, the parties hereto have executed the Agreement on the dates indicated below. City of Vernon W, Michael McCormick, Mayor Maria E. Ayala, City Clerk Approved as to form: Brian W. Byun, Deputy City Attorney The California Fire Museum and Safety Learning Center By: Don Forsyth, President Date City of Vernon, 4305 Santa Fe Avenue, Vernon, California 90058 - Telephone (323) 583-8811 REGEIVED JUL,0 1 2015 CITY CLERK'S OFFICE DATE: TO: FROM: RE: REGEEVED JUN 2I 2015 CITY ADMINISTRASTAFF REPORT VERNON GAS & ELECTRIC DEPARTMENT July 7,2015 Honorable Mayor and Cify Council Carlos Fandino Jr., Director of Vernon Gas & Electric Originator: Ali Nour, Utilities Engineering Manager Approval of Agreement with Northwest Electrical Services, LLC in Response to Notice Inviting Bids for Allison Turbine Control System Upgrade Project Recommendation A. Find that proposed agreement by and between the City of Vernon and Northwest Electrical Services, LLC is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(bX3), the general rule that CEQA only applies to projects that may have a significant effect on the environment, because the agreement does not have an impact; and B. Approve and authorize the execution of a services agreement with Northwest Electrical Services, LLC (NWE), in substantially the same form submitted herewith, for a Control System upgrade of two existing aero-derivative Allison Gas Turbines. The proposed contract includes compensation for design, equipment, fabrication, and testing, equating to a grand total compensation amount not-to-exceed $662,330.16 over the three (3) year term of the agreement Backsround Vernon Gas & Electric (VG&E) owns and operates two (2) Rolls-Royce 57lK Allison industrial aero-derivative gas turbines used for power generation. These two turbines provide a value to the City of Vernon in the form of Non-Spin Ancillary Service but, more importantly, fulfill a portion of the City's Resource Adequacy (RA) requirements. These generators are known as peakers and are available on a stand-by basis; however, when they are called to service, a less than ten (10) minute start to full load is required for acceptance by the California Independent System Operator (CAISO). The RA fulfillment is based on reaching full load (about 6 MW's per turbine) in less than ten (10) minutes after receipt of a Dispatch notice by CAISO. If the turbine does not reach its full load within the required time limit, it is considered a "Failed Stan Event" which is unacceptable to the CAISO. As a result of a failed start, the City of Vemon may incur a penalty by the CAISO, and the RA payment to the City of Vernon is also at risk. An Page I of2 aging system with manual controls compounds the potential for system failure. The City, therefore, is taking measures to replace the existing control system with a new design to minimize the likelihood of system failure and RA penalties. The Allison Turbine System is a critical component within the Gas & Electric Department and its reliability is imperative to VG&E's successful operation. Staff requested Council approval to issue a notice inviting bids for "tumkey" design, engineering, procurement of any and all required equipment, and construction services to guarantee a safe, reliable, functional control system permitting startup and synchronization for each of the two existing aero-derivative gas turbines used for power generation. On March 3, 2015, the City Council authorized City staff to issue a Notice Inviting Bids for the critical upgrade. The City opened bids publicly on April 9,2015 and received one (l) bid in response to the Notice Inviting Bids. Upon review of the singular proposal and the required specifications detailed within the bid package, it was determined that the bidder did not meet all criteria and, therefore, was categorized as nonresponsive. On May 5,2015, City Council authorized staff to reject the single bid received and reissue the Notice Inviting Bids. On May 6, 2015 staff properly publicized the Notice Inviting Bids for the Allison Turbine Control System upgrade, pursuant to Vemon Municipal Code section $2.17.20. The City received a total of three (3) timely bids from qualified companies. A panel of City staff was assembled to evaluate and select the lowest and most responsive bidder to perform the Allison Turbine Control System upgrade. After a thorough review of proposals, Northwest Electrical, LLC (NWE) was selected as the desired recipient of the bid award. NWE's proposed scope of work consists of delivering turnkey design, equipment, fabrication, testing and a ready-in-service control system upgrade for two existing aero-derivative gas turbines, which is aptly aligned with the City's requirements. In light of the foregoing, it is recommended that Council approve the award of a contract to NWE for a three (3) year term. Fiscal Impact The proposed amount for the service contract with NWE totals $662,330.16 for a three (3) year term and the expenditure has been incorporated into the VG&E capital budget for fiscal year 2015-2016. Attachment(s) l. Labor and Materials Contract by and between the City of Vemon and Northwest Electrical Services, LLC Page2 of2 LABOR AND MATERIALS CONTRACT BETWEEN THE CITY OF VERNON AND NORTHWEST ELECTRICAL SERVICES, LLC. COVER PAGE Contractor: Northwest Electrical Services, LLC. Responsible Principal of Contractor: John S. Blizman, Partner Notice lnformation - Contractor: Northwest Eleckical Services, LLC. 827 Lincoln Ave. Unit B-1 1 West Chester, PA 19382 Attention: John S. Blizman Phone: (877) 336-3539 Facsimile: (484) 551-3370 Notice lnformation - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Aftention: Ali Nour Electrical Engineer Manager Telephone: (323) 583-8811 ext. 316 Facsimile: (323) 826-1458 Commencement Date: January 4,2016 Termination Date: January 3, 20'19 (unless terminated earlier) Consideration: Total not to exceed $662,330.16 (includes all applicable sales tax); and more particularly described in Exhibit B Records Retention Period Three (3) years, pursuant to Section 8.3 1 LABOR AND MATERIALS CONTRACT BETWEEN THE CITY OF VERNON AND NORTHWEST ELECTRICAL SERVICES, LLC. This Contract is made between the CITY OF VERNON ("City"), a California charter City and California municipal corporation, and Northwest Electrical Services, lnc., a Delaware LLC. ("Conkactor'') The City and Contractor agree as follows. 1.0 Contractor shall furnish all necessary and incidental labor, material, equipment, transportation and services as described in, and strictly in accordance with, and subject to all terms and conditions set forth in Specifications for Allison Turbine Control System Upgrade, as more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit 2.0 All work shall be done in a manner satisfactory to the City's Director of Gas and Electric ("Directo/'), or the Director's designee, in writing, and shall be of highest quality with respect to Allison Turbine Control System Upgrade. ln the event Contractor fails to perform satisfactorily the City shall advise Contractor in writing, and Contractor shall have thirty (30) days to cure such failure to satisfactorily perform. lf Contractor fails to so cure its performance within said 30 days, the City may, at its option, terminate this Contract for default without further liability, other than payment to Contractor for work performed satisfactorily prior to the date of termination. 3.0 Contractor shall commence work upon the signing of this contract and shall perform work requested in writing by Director. 4 0 ln consideration of satisfactory and timely Performance of requested work, the City shall pay Contractor as follows: ln the first three years of this Contract, a grand total amount not to exceed ($662,330.16). 5.0 Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to the City, as provided in the specifications and Notice lnviting Bids. The cost of the bonds shall be paid by Contractor. 6.0 GENEML TERMS AND CONDITIONS. 6.1 INDEPENDENTCONTMCTOR. 6.1 . 1 lt is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or employee of City and shall furnish such services in its own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salarres, benefits, taxes, exactions, and regulations of any nature whatsoever. 6.1 .2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 6.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otheMise. 6.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 6.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy or incompleteness. 6.5 WAIVER. The City's waiver of any term, condition, breach or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 6.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and/or assigns. 6.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties or otherwise constitute a novation. 6.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 6.9 ATTORNEY'S FEES. lf any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 3 7.0 INTERPRETATION. 7.1 APPLICABLE LAW. This Contract, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California. 7.2 ENTIRE AGREEMENT. This Contract, including any Exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 7.3 WRITTEN AMENDMENT. This Contract may only be changed by written amendment signed by Contractor and the City Manager or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 7.4 SEVERABILITY. lf any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 7.5 ORDER OF PRECEDENCE. ln case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's Specifications shall control over the Contractor's bid. 7.6 CHOICE OF FORUM. The parties hereby agree that this Contract is to be enforced in accordance with the laws of the State of California, is entered into in the City of Vernon and that all claims or controversies arising out of or related to performance under this Contract shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 7.7 DUPLICATE ORIGINALS. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 7.8 TIME OF ESSENCE. Time is strictly of the essence of this Contract and each and every covenant, term and provision hereof. 7.9 AUTHORITY OF CONTMCTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 7.1O ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of 4 any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 7.11 INDEMNITY. 7. 1 1 . 1 Contractor agrees to indemnify, hold harmless and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of: A. any activity on or use of City's premises or facilities or any performance under this Contract; or B. any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. 7 .11 .2 This agreement to indemnify includes, but is not limited to, personal inlury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). The sole negligence or willful misconduct of City, its employees or agents other than Contractor or Contractor's subcontractors are excluded from this indemnity agreement. 7 .12 RELEASE. Contractor agrees to release and covenants not to sue the City, its City Council and each member thereof, and its officers, employees, commission members and representatives for any damage or injury (including death) to itself, its officers, employees, agents and independent contractors damaged or claiming to be damaged from any performance under this Contract. 7 .13 INSUMNCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. 7.13.1 Automobile Liability with minimum limits of at least $ 100,000/300,000/50,000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of $500,000 including owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form. 5 7.13.2 General Liability with minimum limits of at least $1,000,000 combined single limits written on an lnsurance Services Office (lSO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal lnjury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contracto/s performance of this Contract. A. lf Contractor employs other contractors as part of the services rendered, Contractods Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or sha furnish separate insurance for each subcontractor, meeting the requirements set forth herein. B. Blanket Contractual Coverage. C. Products/Completed Operations coverage. 7.13.3 Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. Compliance is accomplished in one of the following manners: A. Provide copy of permissive self-insurance certificate approved by the State of California; or B. Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability lnsurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or C. Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. 7 .13.4 Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. 7.13.5 lnsurance shall be placed with insurers with a Best's rating of no less than B:Vlll. 7.1 3.6 Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. 7,13.7 Failure to maintain required insurance at all times shall constitute a default and material breach. ln such event, Contractor shall immediately notify City and cease all performance under this Contract until further directed by the City. ln the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due Contractor, at City's option; (b) immediately terminate this Contract; or (c) self insure the risk, with all damages and costs incuned, by judgment, seftlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due Contractor. 7.14 NOTICES. Any notice or demand to be given by one party to the other shall be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. lf to the City: City of Vernon Department of Gas & Electric 4305 Santa Fe Ave. Vernon, CA 90058 Attn: Ali Nour lf to the Contractor. Northwest Electrical Services, LLC. 827 Lincoln Ave. Unit B-1 '1 West Chester, PA 19380 Attn. John S. Blizman Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 7.15 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. lf the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contracto/s exclusive remedy for termination without cause. 7.16 DEFAULT. ln the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. 7.17 ASSIGNMENT OF ANTITRUST CAUSES OF ACTION. CONTTACTOT hereby agrees to assign to the City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or under the Cartwright Act Chapter 2 (Commencing with Section 16700) or parl2 ol Division 7 of the Business and Professions Code, or any similar or successor provisions of Federal or State law, arising from purchases of goods, services or materials pursuant to this Contract or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. 8.0 ADDITIONALASSUMNCES 8.1 EQUAL EMPLOYMENT OPPORTUNITY PMCTICES. Contractor certifies and represents that, during the performance of this contract, the contractor and any other parties with whom it may subcontract shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "E". 8.2 VERNON BUSINESS LICENSE. Contractor shall obtain, and pay any and all costs associated therewith, any Vernon Business License which may be required by the Vernon Municipal Code. 8.3 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any ofthe Contracto/s records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least 3 years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. lf not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 8.4 CONFLICT. Contractor hereby represents, warrants and certifies that no member, officer or employee of the Contractor is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. 8.5 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1 8'1 0 through 181 5 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1% times the basic rate of pay. 8.6 LIVING WAGES. Contractor, or Subcontractor, if any, working on City service contracts of any amount, as to all employees spending time on City contracts shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City contracts. The Current Living Wage Standards are set forth in Exhibit "D". Upon request, certified payroll shall be provided to the City. [Signatures Begin on Next Pagel. 9 lN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City Northwest Electrical Services, LLC. a and California municipal corporation Delaware Company W. Michael McCormick, Mayor Name: ATTEST: Title: By: Name: Title:Maria Ayala, City Clerk APPROVED AS TO FORM: Hema Patel, City Attorney 10 By: By: EXHIBIT A SCOPE OF SERVICES 11 BID FORM AND PROJECT SPECIFICATIONS FOR ALLISON TURBINE CONTROL SYSTEM UPGRADE IN THE CITY OF VERNON, CALIFORNTA Contract No. LP-0242 Bid Opening Date: May 28, 2015 - 2:00 p.m. Tentative Construction Start Date: October 5, 2015 CTTY OF VERNON DEPARTMENT OF GAS & ELECTRIC 4305 SANTA FE AVENUE VERNON, CA 90058 (323) s83-8811 TABLE OF CONTENTS PAGE NOTICE INVmNG 8IDS............. ........... NIB-1 BIDDER',S PROPOSAL........ ..................... BP-l PART I........... TNSTRUCTIONS TO BIDDERS I-1 GENEML INSTRUCTIONS. .................. I-1 I-1.01 General Bid Requirements ........................... I-1 I-1.02 Bidder's Guarantee........ ............................. I-1 I-1.03 Bidder Must Make Thorough Investigation..... ....................... I-1 I-1.04 Acceptance of Condltions ............................. I-1 I-1.05 Truth and Accuracy of Representation ..................... ............ I-1 I-1.06 City Changes to the Bid Documents....... .............................. I-1 I-1.07 Notice Regarding Disclosure of Contents of Document................................... I-1 I-1.08 Award of Bid and Determination of Responsiveness ...................................... I-2 I-1.09 Ineligibility to Contract .......I-2 I-1.10 Errors and Omissions... .......l-2 I-1.11 Patent Fees; Patent, Copyright, Trade Secret and Trademark Fees................. I-2 I-1.12 Taxes.... ............................ I-2 I-1.13 Local Bidders; Refund of Sales and Use Tax ......................... I-2 I-1.14 Indemnity in the event of bld dispute.... ....... . I-3 I-2 SPECIAL CITY REQUIREMENTS............... .................... I-3 I-2.01 Equal Employment Oppotunity in Contracting... ................... I-3 I-2.01.1 Policy.. ............................ I-3 I-2.01.2 Compliance.................. ............................ I-3 I-2.01.3 Required Forms............ ............................ I-3 I-2.02 Affidavit of Non-Collusion by Bidder......... ............................ I-3 I-2.03 Vernon Livlng Wage Ordinance......... ........... I-3 I-3 GENEML SPECIFICATIONS..................... ..................... I-3 I-3.01 Bid Proposal Quantities......... ....................... I-3 I 3.02 Registratlon and Qualifications of Contractors............................................... I-3 I-3.03 Standard Specifications.... ............................ I-4 I3.04 Subcontracts.................. ............................ I-4 I-3.05 Non-Discrimination.......... ............................ I-4 I 3.06 Protection of Existing Facilities........... ...........1-4 I-3.07 Contract Bonds.........,.... ............................. I-4 I-3.08 Termination of Contract... ............................ I-4 I-3.09 Liability Insurance......... .............................. I-5 I-3.10 Padial Payment........... ........ I-5 I-3.11 Security Deposits in Lieu of Retention......... .......................... I-5 I-3.12 Worker's Compensation Certification...... ....... I-5 I-3.13 Sample Contract ................. I-5 I-3.14 Special Conditions - Prevailing Wages and Employment of Apprentices............ I-5 I-3.15 Retention ................................. I-6 I-3.16 Trade names and "or approved equal" provision . . . ..... I-6 I-3.17 Notice to Contractor..... ... ...... I-6 ATTACHMENTTO PART I PART II - SPECIAL PROVISIONS - SPECIFIC FOR THIS PROIECT U-1.01 Highlights of Relevant Facts Relating to Control System Upgrade.............. II-1 II-1.02 Issues or Problems to be Addressed ....... II-1 II-1.03 Scope of Work.. ............ il-l II-1.04 Specifications ............... II-7 II-1.05 Length of Contract........... ..................... II-7 II-1.06 Delays and Extensions of l''ime............. .......................... II-7 II-1.07 Quality of Work ............ II-8 II-1.08 Liquidated Damages.......... .................... II-8 II-2.01 Scheduling of Work............ ................... II-8 lI-2.02 Requirements - General.......... ............... II-8 II-3.01 Character of Workers....... ..................... II-8 II-4.01 Examination of the Site ......................... II-8 PART III - TECHNICAL SPECIFICATIONS ilI-1.01 rI-1.02 ilI-1.03 ilI-1.04 il-1.05 rI-1.06 IIt-1.07 Standard Plans APPENDIX A - Forms to be Comoleted by Bidder APPENDIX B - SamDIe Contract Certifi cate of Insurance NOTICE INWIING BIDS For ALLISON TURBINE CONTROL SYSTEM UPGRADE in the City of vernon, California Sealed bids must be received prior to 2:OO p.m., May 28, 2015, by the City Clerk of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, for the Allison Turbine Control System Upgrade in the City of Vernon, California. Copies of the Specifications are available at no charge at the Department of Gas & Electric, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, between the hours of 7:00 a.m. and 5:30 p.m. Monday through Thursday. A non-refundable fee of $20.00 will be charged if mailing is requested by calling (323) 583-8811. ext 825. A pre-bid meeting is scheduled for May 18, 2015, at 9:00 a.m. in the Department of Gas & Electric, 4305 Santa Fe Avenue, Vernon, CA 90058. This meeting is to answer any questions regarding the project specifications. Attendance is not mandatory, Each subcontractor, under the prime bidder, must hold an active subcontractor's license corresponding to the type of work the subcontractor is preforming. Each subcontractor may only preform the type of work corresponding to the active license. All bids must be accompanied by bids security in the amount of five percent (50/o) of the bid prices, in the form of cash, cashier's check, money order, or surety bond. Refer to the Speciflcations for complete details and bid requirements. Specifications and this notice shall be considered a part of any contract made pursuant thereto. Mark Whitworth City Administrator Dated: (Authorized by City Attorney) Published: NIB-1 BIDDER'S PROPOSAL FOR ALLISON TURBINE CONTROL SYSTEM UPGRADE in the City of Vernon, California Bid Opening: 2:00 p.m., May 28,2075, City Clerkt Office, 4305 Santa Fe Avenue, Vernon To the Honorable City Council of the City of Vernon, California In response to the Notice Inviting Bids for ALLISON TURBINE CONTROL SYSTEM UPGMDE, the undersigned bidder proposes to the City of Vernon all labor, materials, methods and processes, tools implements and machinery which are necessary and required for the performance of the work mentioned in said Notice Inviting Bids in accordance with the Specifications therein referred to at the prices listed on pages BP-2 through BP-3 inclusive. Each bidder must bid on the items shown in the Bidder's Proposal. If any bidder makes any alteration, interlineation or deviation in any of the printed matter of the proposal or if the signature of the bidder is incomplete, the bid will be considered informal and may be reiected. The price bid shall include any and all charges required under the California Retail Sales Act of 1933 as amended and the California Use Tax Act of 1935. In case of a discrepancy between the unit prices and items totals, the unit prices shall prevail, and in the case of a discrepancy between item totals and the grand total, the item totals shall prevail. The grand total will be subject to adjustment by the City in the event of a discrepancy. The contract award shall be made on the basis of the grand total as described about from among responsive and responsible bidders. Based on the bids received and the City's budget at the time of contract award, the City reserves the right to delete items or to change quantities of bid items. BP-1 BIDDER'S PROPOSAL FOR ALLISON TURBINE CONTROL SYSTEM UPGRADE BID ITEM # DESCRIPTION QUANTITY NEEDED BY CITY Cost T Mobilization and Demobilization 1 s 2 Design & Engineering A. Review existing protection and control drawings. B. Design a new protection, control, metering and automation control system. C. New drawings of controls and interconnection to existing facilities. 1 s 3 Protection & Relays SCADA Ready lncludes all engineering and design (Refer to Part ll Special Provisions - Specific to this Project) A. All protective devices to be replaced with SEL-700G1+ auto sync relay. B. lncorporate existing SEL-300G as part of the new protection scheme. C. Engage services of Schweitzer Engineering Services to provide all programing and testing for the SEL- 700G1+ relay including relay setting calculations and testing all relay elements used as part of the relay scheme. E. Communication interface to be SCADA ready 1 s 4 Voltage Control lncludes all engineering and design (Refer to Part ll Special Provisions - Specific to this Project) A. Existing controls replaced with Basler Digital Excitation Control System which includes, but is not limited to the voltage regulator, power factor controller and diode protection unit. B. Replace the existing synchronizer and utilize the auto synchronizer on the SEL-700G1+ Relay. C. Remove all analog gauges and meters on panel and replace with new gauges and meters on the new control cabinet. 7 s 5 Fuel Control lncludes all engineering and design (Refer to Part ll Special Provisions - Specific to this Project) New engine analog gauges shall be installed including the following; N1 Gas Generator, N2 Power Turbine and Measured Gas Temperature (MGT). The fuel control shall be bid out for the options below: A. Remove and send the existing Precision Engine Controls Corporation (PECC) PECC-TCSD to the manufacturer for a health check and new cards purchased. B. Remove and send the existing PECC-TCSD to the manufacturer for a health check and card upgrades. C. Remove the existing PECC-TSD to the manufacturer for a health check, card upgrades and a full set of 7 S spa res. D. Remove the existing PECC-TCSD and install a new PECC-TCSD. 5 Unit Sequencing Control lncludes all engineering and design (Refer to Part ll Special Provisions - Specific to this Project) A. Retrieving all data, ladder logic codes and information from the existing GE PLC for the successful installation of the new PLC. B. Remove the existing PLC and replace with an Allen Bradley PLC for unit sequencing and monitoring of the skid, drive train and safety protection including but not limited to the following: o Turbine auxiliaries o Gearbox and associated auxiliaries o Generator and associated auxiliaries . Gas systems for leaks and monitoring Two new HMI's shall be installed to communicate with all devices. Replace existing temperature monitoring system of the MGT's. c. D 7 7 Control Cabinets lncludes all engineering and design (Refer to Part ll Special Provisions - Specific to this Project) A. Remove old cabinet and controls and replace with new cabinet and controls per this agreement. 1 8 Remote Station lncludes all engineering and design (Refer to Part ll Special Provisions - Specific to this Project) A. lnstall remote control station in the control room per this agreement. L 9 Misc. Equipment and Spare Parts A. Contractor shall supply all other equipment required for a turnkey project. B. Spare parts shall be listed and provided. C. Special tools shall be listed and provide. 1 10 Special Software and Applications Requirements A. Provide licensed and most updated applications. B. Hardware, software, driver, and applications licenses and manuals. C. Historical storage and retrieval/retrieval/trendingof process values, events and alarms, with online data storage for up to three (3) years. D. Ensure ability to connect remotely for future integration and support. t 11 lnstallation and Commissioning Services A. Following the receipt of Notice to Proceed, coordinate a kick-off meeting with the City 1 s S s s s s Project Management team to review conceptual design and project work plan. B. Provide for Factory Acceptance Testing and reports. C. Furnish, deliver and install the configured and factory test accepted designed. D. Field test, commission and deliver including SEL Support during commissioning. E. Prior to project close out, provide all final documentation including but not limited to as-built drawings, user manuals, and system configurations. t2 Field Service and Training A. The Contractor shall provide field service to complete wiring. lnspection, testing and energization as long as needed. The Contractor shall engage services of Schweitzer Engineering Laboratories (SEL) Engineering Services to provide commissioning support for the SEL- 700G1+ relay. The Contractor shall provide two (2) weeks of hands- on training to City field and operation crews, as well as engineers, during the installation phase and at a later date shall provlde at least one (1) week of classroom and other hands-on training to City field, operations and engineering personnel as a part of this contract. L s 13 Maintenance and Technical Support Services A. Provide a three (3) year technical and software/hardware support within 24 hours respond on the Allison Turbine control System Upgrade. 1 s TOTAL s BP.2 Undersigned Bidder agrees to commence work within calendar days from the date of issuance of a Notice to Proceed and proposes and agrees to have all work completed calendar days from the time the contract begins. Undersigned Bidder acknowledges receipt of the following addenda issued for the above p@ect. If no addenda have been received, write "none". FAILURE TO ACKNOWLEDGE RECEIPT OF ANY ADDENDA ISSUED WILL RENDER THE CONTACTOR'S BID NON.RESPONSIVE. List of addenda Received: PLEASE SEE PART I SECTION 2.01.3 REOUIRED FORMS. Bidder shall execute the following (Appendix "A"): Page 1. Identity Confirmation BP-(a) 2. Subcontractor Listing BP-(b) 3. Affidavit of Non-Collusion BP-(c) 4. Living Wage Compliance Certification BP-(d) 5. Cetificate of Equal Opportunity Practices FORMS M-1,2,3 City of Vernon. Bidder's Proposal Respectfu lly Su bmitted, (If a Bidder is a corporation, it's seal must be impressed hereon) California State Contractor's License No. Authorized Signatory California Corporation No. by BP-3 PART I INSTRUCTIONS TO BIDDERIS I-1 GENERALINSTRUCTIONS I-1.01 General Bid Reouirements - To be considered, a Bidder must follow the format for bids in the Specifications. Bids must be binding and firm. Any bid may be withdrawn before bid opening, but not for 90 days after opening. I-1.02 Bidder's Guarantee - Bid security in the amount of five percent (5olo) of the bid price, in the form of cash, cashier's check, money order or surety bond, meeting City requirements, must accompany all bids. If the Bidder to whom the contract is awarded shall for fifteen (15) calendar days after such award fail or neglect to enter into the contract and file the required bonds, the City may deposit in its treasury said bid security and, under no circumstances, shall it be returned to the defaulting Bidder. I-1.03 Bidder Must Make Thorough Investigation - It is the Bidder's responsibility to examine the location of the proposed work, to fully acquaint itself with the Specifications and the nature of the work to be done, Eidders shall have no claim against the City based upon ignorance of the nature and requirements of the project, misapprehension of site conditions, or misunderstanding of the Specifications or contract provisions. I-1.04 Acceotance of Conditions - By submitting a bid, each Bidder expressly agrees to and accepts the following conditions: I-1.04.1 All parts of the Instructions to Bidders and Specifications will become part of the Contract between the selected Eidder and the City; I-1.04.2 The City may require whatever evidence is deemed necessary relative to the Bidder's financial stability and ability to complete this project; I-1.04.3 The City reserves the right to request further information from the Bidder, either in writing or orally, to establish any stated qualifi cations; I-1.04.4 The City reserves the right to solely judge the Bidder's representations, and to solely determine whether the Bidder is qualified to undertake the project pursuant to the criteria set forth herein. The Bidder by submitting a bid, expressly acknowledges and agrees that the judgment of the City as to whether or not the Bidder is qualified to perform the project, shall be final, binding and conclusive; I-1.04.5 The City reserves the right to reject all bids, waive any irregularity in any of the bids, or cancel or delay the project at any time; I-1.04.6 This bidding process does not commit the City to award any contract, and the City is not liable for any costs incurred by the Bidder in the preparation and submission of a bid. I-1.05 Truth and Accuracy of Representation - False, incomplete or unresponsive statements in connection with the bid may be sufficient cause for rejection of a Bidder. I-1.05 CiW Changes to the Bid Documents - The City reserves the right to change any part of these Instructions to Bidders and Specifications any time prior to the bid opening. Any changes shall be in the form of addenda, will become a part of the bid documents and of the contract. Addenda shall be made available to each Bidder. A Bidder's failure to address the requirements of the addenda may result in the bid not being considered. If the City determines that a time extension is required for the submission of the bid, the addenda will give the new bid opening date. I-1.07 Notice Regarding Disclosure of Contents of Document - All bids accepted by the City shall become the exclusive property of the City. Upon opening, all bids accepted by the City shall become a matter of public I-1 record and shall be regarded as public, with the exception of those elements of each bid which are identified by the Bidder as business or trade secrets and plainly marked as "trade secret," "confidential," or ttproprietary.r' Each element of a bid which a Bidder desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e., regarding entire pages, documents, or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required under the California Public Records Act or otherwise by law (despite the Bidder's request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof. I-1.08 Award of Bid and Determination of Responsiveness - The contract shall be awarded to the lowest responsive and responsible Bidder. In determining whether a Bidder is responsive and responsible, the following shall be considered. I-1.08.1 The quality of the material offered; I-1.08.2 The ability, capacity and skill of the Bidder to pedorm the contract or provide the material or services; I-1.08.3 Whether the Bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; I-1.08.4 The sufficiency of the Bidder's financial resources and the effect thereof on their ability to perform the contract or provide the material or services; I-1.08.5 The character, integrity, reputation, judgment, experience and efflciency of the Bidder; I-1.08.6 The quality and timeliness of the Bidder's performance on previous purchase orders or contracts for the City; I-1.08.7 Litigation by the Bidder on previous purchase orders or contracts with the City; I-1.08,8 The ability of the Bidder to provide future maintenance and service where such maintenance and service is essential. I-1.09 Ineligibiliw to Contract - Pursuant to Sections 1777.1 and 7777.7 of the California Labor Code, any Contractor that has been found by the State Labor Commissioner to be in violation of the Labor Code Section entitled "Public Work" shall be ineligible to bid on or be awarded a contract for this project. The period of debarment shall be not less than one year and up to three years as determined pursuant to Section 1777.7 of the Labor Code. In submitting its bid, the Bidder certifies that it is aware of these provisions and is eligible to bid on this contract. The successful Bidder shall also be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Section 7777.1 ot 1777.7 of the Labor Code. In submittlng its bid, the Bidder certifies that it has investigated the eligibility of each and every subcontractor it Intends to use on this project and has determined that none is ineligible to perform work pursuant to the above provisions of law. I-1.10 Errors and Omissions - Bidders shall not be allowed to take advantage of any errors or omissions in the Instructions to Bidders or Specifications. Full instructions will be given if such error or omission is discovered and timely called to the attention of the Cify. In submitting its bid, the Bidder certifies that it is aware of these provisions and is eligible to bid on this Contract. I-1.11 Patent Fees; Patent. Coovright, Trade Secret and Trademark Fees - Each Bidder shall include in the price bid any patent fees, royalties and charges on any patented afticle or process to be furnished or used in the prosecution of the Work. I-1.12 Taxes - Price bid shall include all federal, state, local, and other taxes. I-1.13 Local Bidders: Refund of Sales and Use Tax - For the purpose of determining the lowest Bidder on a contract for materials and supplies only, 7o/o of that portion of the bid subject to sales or use tax shall be deducted from any bid where it is determined that if such Bidder were awarded the contract, the City would receive a refund of the 1olo. r-2 I-1.14 Indemniw in the event of a bid dispute - Based upon the bidder's submission of this bid and the Cityt acceptance of same, the bidder will be required to indemniry, defend and hold harmless at its expense, including the provision of legal counsel, the City, its agents, employees and officers from liability, claims, demands, damages and costs if such dispute or action arises solely upon the award of the bid in compliance with State, Federal and local laws. I-2 SPECIAL CITY REQUIREMENTS NOTICE THERE IS AN APPENDIX'A'OF FORMS IN THESE SPECIFICATIONS WHICH A BIDDER MUST COMPLETE TO ESTABUSH COMPUANCE WITI-I A NUMBER OF SPECIAL CITY OF VERNON REQUIREMENTS, INCLUDING, BUT NOT UMITED TO, EQUAL EMPLOYMENT OPPORTUNITY AND AFFIDAVIT OF NON.COLLUSION. THESE FORMS AND THEIR INSTRUCTIONS SHOULD BE CONSIDERED AN INTEGML PART OF THE SPECIFICATIONS AND FAILURE TO COMPLETE THEM MAY BE GROUNDS, IN THE SOLE DISCRETION OF THE CITY, FOR RUECTION OF ANY BIDDER. I-2.01 Equal Employment OpportuniW in Contracting I-2.01.1 Policy - The City of Vernon is committed to a policy of Equal Opportunity Contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. Contractors expressly agree to comply with the City's ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting this contract. I-2.01.2 Compliance - To the extent permitted by law, the Contractor expressly agrees to establish compliance with the Equal Employment Opportunity Practices Provisions of federal and state law. I-2.01.3 Reouired Forms - No contract shall be awarded until the Bidder has submitted to the City or has on file with the Cify a nondiscrimination certification acceptable to the City. I-2.02 Atfidavit of Non-@llusion bv Bidder - The City rquires that each Bidder exffute and submit to the Oty with their 8t4 the Affidavit of Non-bllusion includd in Appendix '4." I-2.03 Vernon Livinq Waoe Ordinance - This contract is subject to the Bidder, or Subcontractor, if any, working on City service contracts of any amount, as to all employees spending time on City contracts shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City contracts. The Current Living Wage Standards are set forth in Exhiblt "A". Upon request, certified payroll shall be provided to the City. I.3 GENERAL SPECIFICATIONS I-3.01 Bid Proposal Ouantities - The quantities contained in the bid documents are approximate only, and are for the sole purpose of comparing bids. The City may, in accordance with the Standard Specifications, order more or less work or material as necessary in the City's sole discretion. Payment will be made for the amount of work or material actually provided as determined by the City and accepted at the unit or lump sum prices noted in the bid, where applicable, and those prices shall govern. I-3.02 Registration and Oualifications of Contractors - Before submitting bids, Contractors shall be licensed in accordance with the Business and Professions Code Section 7000 et. seq. and each Contractor shall insert his license number on the Bidder's Proposal. In submitting this bid, the Bidder warrants that it has work experience comparable to that which is to be performed. Prior to award of a contract, the City may request of any Bidder, a statement setting forth their work experience of a nature comparable with that which is to be performed. Such statement shall describe the work peformed over the period of three (3) years next preceding the date of said statement, and shall give the owner, location, and contract price, together with the dates of beginning and completion of such work. This statement of experience shall be submitted within seven (7) calendar days after the City's notification to so submit. Failure to submit an adequate statement can result in rejection of the bid as non-responsive. I-3 I-3.03 Standard Soecifications - In connection with contracts related to the subject "Bidder's Proposal," and except as otherwise provided below, all work shall be done in accordance with the provisions of the 2012 edition of 'STANDARD SPECIFICATIONS FOR PUBUC WORKS CONSTRUC ON" (commonly known as the 'GREENBOOK"), including Supplements, prepared and promulgated by Public Works Standards, Inc., a mutual benefit corporation. I-3.04 Subcontracts - In addition to the information to be listed by the Bidder with the bid pursuant to Section 2-3, entitled "Subcontracts," of the Standard Specifications, the Bidder shall provide for each subcontractor listed a brief description of the work to be subcontracted (see Page BP-(b) of the Bidder's Proposal). After bids have been received, no substitution of subcontractors in place of those listed in the bid or addition of subcontractors for work in excess of one-half of one percent of the total bid price will be permitted without the written consent of the City Engineering Manager. The sole grounds for said consent shall be the exceptions listed in Chapter 4 of the Public Contract Code. Pursuant to California Labor Code 51021.5, the Contractor must not willingly and knowingly enter into any agreement with any person, as an independent contractor, to provide any services in connection with the Work where the services provided or to be provided requires that such person hold a valid contractor's license issued pursuant to California Business and Professions Code 557000 et seq. and such person does not meet the burden of proof of his/her independent contractor status pursuant to California Labor Code 52750.5. In the event that the Contractor shall employ any person in violation of the foregoing, the Contractor shall be subject to the civil penalties under California Labor Code 51021.5 and any other penalty provided by law. In addition to the penalties provided under California Labor Code 51021.5, the Contractor's violation of this Paragraph or the provisions of California Labor Code 51021.5 shall be deemed an event of the Contractor's default. The Contractor must require any Subcontractor of any tier performing or providing any portion of the Work to adhere to and comply with the foregoing provisions. Pursuant to the provisions of Labor Code Section 1777.1, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations website at: htto://www.dir.ca.govidlse/debar.html. The Contractor must not employ, hire, use or subcontract with any of the listed debarred contractors. Pursuant to Labor Code 1725.5, Contractor and any Subcontractors who bid or work on this project with the City must register and pay an annual fee to the DIR. This project is subject to compliance monitoring and enforcement by the DIR. I-3.05 Non-Discrimination - In the performance of this Contract, the Contractor must not discriminate against any employee, subcontractor, or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment. Violations may also result in the imposition of penalties referred to in Labor Code 5 173s. I-3.06 Protection of Existing Facilities - Except where otherwise provided for, the repair or replacement of existing improvements that are damaged, injured, or removed as a result of the work shall be reflected in associated unit or lump sum prices noted in the Bldder's Proposal. I-3.07 Contract Bonds - The Bidder to whom a contract is awarded shall file the bonds specified by Section 2-4, "Contract Bonds," of the Standard Specifications before execution of the contract. The term "Contract Price" shall be deemed to mean the total contract "not to exceed" amount consisting of the base bid stated in the Bidder's Proposal plus such additional amounLs provided for adjustments to the estimated quantities contained in the Bidder's Proposal and for extra work covered by approved change orders, if any. I-3.08 Termination of Contract - Section 5-5, entitled "Termination of Contract," of the Standard Speciflcations is modified to read: 'The City may terminate this contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days written notice to the Contractor." t-4 If the contract is thus terminated by the City for reasons other than the Contractor's failure to perform its obligations, the City shall pay the Contractor a prorated amount based on the services satisfactorily completd and accepted prior to the effective date of termination. Such payment shall be the Contractor's exclusive remedy for termination without cause. I-3.9 Liabilitv Insurance - Evidence of insurance coverage shall be provided in the manner specified in Section 7.13 Insurance of the City's Sample Contract, Appendix B. I-3.10 Partial Pavment - Payment shall be due the Contractor within thirty (30) calendar days after receipt of an itemized statement for work performed during the progress payment period. I-3.11 Securiw Deposits in Lieu of Retention - Pursuant to Section 22300 of the Public Contract Code, the Contractor may substitute securities for any monies withheld to ensure performance under the contract, At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a State or Federally chartered bank in California as the escrow agent, who shall then pay such monies to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by the Contractor. Upon satisfactory completion of the contract, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City. The Contractor shall pay to each subcontractor, not later than 20 days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to ensure the performance of the Contractor. Securities eligible for investment under this section shall include those listed in Section 15430 of the Government Code, 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 the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement to be used shall be null, void, and unenforceable unless it is substantially similar to the form specified by Section 22300(e) of the Public Contract Code. I-3.12 Worker's Compensation Certification - California Labor Code 55 f850 and 3700 provide that every Contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code I 1861, the Contractor, in submitting a bid, hereby certifies as follows: "I am aware of the provisions of California Labor Code 5 3700 which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract." I-3.13 Sample Contract - A sample of the contract the successful Bidder will be required to enter into with the City is attached hereto as Appendix "B" and by this reference incorporated herein and made a part of these Specifications. I-3,14 _ The Contractor certifies by submission of a bid that they have not been found by the Labor Commissioner to be in violation of Prevailing Wage laws as outlined in the California Labor Code 91777.t. The Contractor shall adhere to the provisions of Section U70-1777 of the Labor Code and Section 7-2 entitled "Labor," of the Standard Specifications. The Contractor shall comply with and adhere to the "Special Conditions - Payment of Prevailing Wages and Employment of Apprentices" attached to Part I of these Project Specifications. I-5 Attention is directed to Section A of this attachment which states, in part, that if there is a difference between the Vernon Living Wage and Prevailing Wage rates for similar classifications of labor, the Contractor and his subcontractors shall pay not less than the highest wage rate. I-3.15 Retention - In addition to any other withholdings permitted by law, a sum equal to five percent (50/o) of all sums otherwise due to Contractor as progress payments shall be withheld by City from each progress payment ("Retention") and retained until such time as it is due at the completion of the work. A higher Retention amount may be approved by the City Council where project is deemed "substantially complex." I-3.16 Trade names and "or aporoved equal" provision - Whenever in the Specifications or Drawings 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 product is designated to match others in use on a particular improvement either completed or in the course of completion, the Contractor may substitute any other brand or manufacture of equal appearance, quality, and utility on approval of the City, provided the use of such brand or manufacture involves no additional cost to the City. I-3.17 Notice to Contractor - City shall promptly inform Contractor ofany third party claims related to this Contract. I-6 ATTACHMENT TO PART I SPECIAL CONDMONS . PAYMENT OF PREVAIUNG WAGES AND EMPLOYMENT OF APPRETITICES A, Determination of Prevailing Wage Rates City has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the Labor Code determinations of the generally prevailing rates of per diem wages and the prevailing rate for holiday and overtime work in the locality in which the Work is to be performed. Copies of these determinations, entitled "PREVAIUNG WAGE SCALE", are malntained at the City's offices, are available during City's normal business hours and are also available on the Internet at www.dir.ca.gov/DlR/S&Rl/statistics research.htrnl. If there is a difference in the Vernon Living Wage rates and the California prevailing wage for similar classifications of labor, the Contractor and Subcontractors shall pay not less than the highest wage rates. The wage rate for any classification not listed, but which may be required to execute the Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. Holidays shall be as defined in the collective bargaining agreement applicable to each particular craft, classification or type of worker employed under the Contract. Per diem wages include employer payments for health and welfare, pensions, vacation, travel time and subsistence pay, apprenticeship or other training programs authorized by California Labor Code 53093, and similar purposes when the term "per diem wages" is used herein. Holiday and overtime work, when permitted by law, must be paid for at the rate of at least one and one-half (1y2) times the above specifled rate of per diem wages, unless otherwise specified. In accordance with Section 1773.2 ot the California Labor Code, the Contractor must post a schedule showing all applicable prevailing wage rates at appropriate and conspicuous locations on the job site where they can easily be seen by workers. B. Payment of Prevailing Wage Rates 1. Statutory Requarements - The Project is subject to the provisions of Labor Code 551720 et seq. and the requirements of lltle I of the California Code of Regulations 5515000 et seq., which govern the payment of prevailing wage rates on public works projects. The Contractor and Subcontractors of any tier shall be governed by and required to comply with these statutes and regulations in connection with the Project. Pu6uant to Labor Code S1771, the Contractor and all Subcontractors of any tier must pay not less than the prevailing wage rates to all workers employed in execution of the Contract. Contractor and Subcontractors must comply with applicable statutes and regulations, including but not limited to Labor Code SE 1771, 1775, 1777 .5, 1873 and 1815. 2. Weekly Payments to Employees - Contractor and all Subcontractors of any tier must pay each worker on the Project, unconditionally and not less often than once each weel! the full amounts that are due and payable for the period covered by the particular payday in accordance with the prevailing wage scale determination, regardless of any contractual relationship which may be alleged to exist between the Contractor, Subcontractor and such laborers. Thus, an employer must establish a fixed workweek and an established payday. On each payday, each worker must receive all sums due at the end of the preceding workweek and must be provided with an itemized wage statement. 3. Classafications - Cify shall require that any class of laborers or mechanics, including apprentices and trainees, which are not listed in the General Wage Determinations and which are to be employed under this Contract, shall be classified conformably to such wage determinations. In the event the City does not concur in the Contractor's proposed classification or reclassification of a particular class of laborers and mechanics (including apprentices and trainees) to be used, the question, accompanied by the recommendation of the City's Project Representative, shall be referred to the State Director of Industrial Relations for determination. 4. Fringe B€nefit Cash Equivalent - City shall require, whenever the minimum wage rate prescribed for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage and the Contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof must be established. In the event the interested parties cannot agree upon cash equivalent of the fringe benefit, the questions, accompanied by the recommendation of the Clfy's Project Representative, shall be referred to the State Director of Industrial Relations for determination. C. Penalty for Prevailing Wage Rate Underpayment Pursuant to Labor Code 51775, the Contractor must, as a penalty, forfeit Fifty Dollars ($50.00) to the City for each calendar day or portion thereof, for each worker paid less than the prevailing wage rates as determined by the Director of the Department of Industrial Relations for such work or craft in which such worker is employed for the Work by the Contractor or by any Subcontractor, of any tier, in connection with the Work. The difference between prevailing wage rates and the amount paid to each worker each calendar day, or portion thereof, for which each worker paid less than the prevailing wage rate, must be paid to each worker by the Contractor. D. withholding The City shall upon its own action or upon written request of an authorized representative of the Department of Labor or DIR, withhold or cause to be withheld from the Contractor under this Contract so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any Subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the Work, all or part of the wages required by the Contract, the City may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. E, Certified Payroll Records and Basic Payroll Records The Contractor and Subcontractors of any tier must maintain Certified Payroll Records and "Basic Payroll Records", defined as time cards, front and back copies of canceled checks, cash receipts, trust fund forms, daily logs, employee sign-in sheets, accounting ledgers, tax forms and/or any other record maintained for the purposes of reporting payroll, during the course of the Work and must preserve them for a period of three (3) years after completion of the Project for all trades workers executing the Work of the Contract. Certified Payroll Records must be submitted at the times designated in Paragraph F below or upon request as described in Paragraph G below. City reserves the right to require Contractor to routinely submit Basic Payroll Records may be requested by the City at any time and must be provided within ten (10) calendar days following the receipt of the request. F. Submittal of Certified Payroll Records Pursuant to Labor Code 51775, the Contractor and each Subcontractor of any tier must maintain an accurate, weekly payroll record showing the employee full name, address, social security number, work classiflcation, amount paid per hour, straight time, overtime and holiday hours worked each day and weekly totals, the actual per diem wages paid to each person employed for the Work, and the gross/net wages paid for this Project/all projects, as well as the Contractor name and address, Project name and location, and dates of payroll. If payments are made to any third party trust, funds or plans for health and welfare, pension or vacation trusts, those payments must be stated on the Certified Payroll Record. The basic wage rate paid per hour plus the employer contributions for benefits, including training fund contributions, must at least equal the prevailing wage rate for that classification. The Contractor must maintain and submit its Certified Payroll Records and those of its SubcontractoB. City reserves the right to require Contractor to submit to the City each week, no later than seven (7) calendar days after the payday for the week covered, the Certified Payroll Records of Contractor and its Subcontractors of every tier. If there is no Work on a given week or on a given day, the Certified Payroll Record must indicate "no work" for that week or day(s). The Certified Payroll Records must account for each day of the week including Saturdays, Sundays and holidays. Contractor and Subcontractors of every tier must write "final" on the last submitted Certified Payroll Record for the Project. The Certified Payroll Records must be verified by a written declaration made by a person with authority to represent the reporting entity, under penalty of pedury, that the information contained in the payroll record is true and correct and that the reporting entity has complied with the requirements of California Labor Code 551771. 1811, and 1815 for any Work performed by his, her or its employees on the Project. Contractor agrees that submission of Certified Payroll Records as well as all related or subsequent requests for supporting document made by City shall be a condition precedent to Contractor's receipt of a progress, final, or retention payment. The City shall withhold any portion of the progress, flnal, or retention payment up to and including the entire payment until the Certified Payroll Records requirement is met by the Contractor or its Subcontractor. If the Contractor or any Subcontractor is determined to have failed to pay workers in compliance with the applicable prevailing wage sections of the Labor Code, the City shall continue to withhold progress, final. or retention payments until sufficient funds have been withheld for payment of wages to workers and all applicable penalties. G, Making Ceftified Payroll Records Available Upon Request Pursuant to Labor Code 51776, in addition to its obligation to deliver certifled payroll records to the City on a weekly basis as set forth above, the Contractor must also make payroll records available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (i) a certified copy of an employee's payroll record must be made available for inspection or furnished to such employee or his/her authorized representative on reques! (ii) a certified copy of all payroll records must be made available for inspection or furnished upon request to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations; (iii) a certified copy of payroll records must be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public must be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, the requesting party must, prior to belng provided the records, reimburse the cost of preparation by the Contractor, Subcontractors and the entity through which the request was made; and the public may not be given access to such records at the principal office of the Contractor; (iv) the Contractor must file a certified copy of the payroll records with the entity that requested such records within ten (10) calendar days after receipt of a written request; (v) any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor or any Subcontractor, of any tier, performing a part of the Work must not be marked or obliterated. The Contractor must inform the City of the location of payroll records, including the street address, City and county and must, within five (5) Working Days, provide a notice of a change or location and address. H, Forfeiture for Failure to Comply with Written Record Request Laws The Contractor or Subcontractor shall have ten (10) calendar days in which to comply, subsequent to receipt of written request regarding Certified Payroll Records or Basic Payroll Records. In the event Contractor or a Subcontractor fails to strictly comply after such 10-day period, the Contractor or Subcontractor shall, as a penalfy to the City, forfeit Twenty-Five Dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from any portion of the Contract Price then or thereafter due the Contractor. A Contractor is not subject to a penalty assessment pursuant to this paragraph due to the failure of a Subcontractor to comply with this section. I. Hours of Work 1. Limits on Hours of work - Pursuant to Labor Code 51810, eight (8) hours of labor shall constitute a legal day's work. Pursuant to Labor Code 51811, the time of service of any worker employed at any time by the Contractor or by a Subcontractor, of any tier, upon the Work or upon any part of the Work, is limited and restricted to eight (8) hours during any one calendar day and fofi (40) hours during any one calendar week, except as hereafter provided. Notwithstanding the foregoing provisions, Work performed by employees of Contractor or any Subcontractor, of any tier, in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1yr) times the basic rate of pay. 2. Penalty for Excess Hours - Pursuant to Labor Code 551813 and 1815, the Contractor shall pay to the City a penalty of Twenty-five Dollars ($25.00) for each worker employed in the execution of the Contract by the Contractor or any Subcontractor, of any tier, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the California Labor Code, unless compensation to the worker so employed by the Contractor is not less than one and one-half (1y2) times the basic rate of pay for all hours worked in excess of eight (8) hours per day. 3. Contractor Responsibility For Cost of Excess Hours - Any Work performed by workers necessary to be performed after regular working hours or on Sundays or other holidays must be performed without adjustment to the Contract Price or any other additional expense to the City. l. Responsibility for Subcontractors' Payment of Prevailing wages Pursuant to Labor Code 5t774, the Contractor is responsible for ensuring that all Subcontractors of any tier comply with requirements for payment of prevailing wages. Contractor is responsible for Labor Code violations by Subcontractors of any tier. The agreement executed between the Contractor and each Subcontractor must contaan a copy of the provisions of Labor Code 55 t777, 7775, t777.5, l8l3 and 1815, at a minimum. Contractor must monitor each Subcontractor's payment of prevailing wage rates. Upon becoming aware of the failure of any Subcontractor of any tier to pay its workers the specified prevailing wage, the Contractor must diligently take action to halt and rectiry the failure, including, without limitation, retaining sufficient funds due to the Subcontractor to cover the underpayment. Before making final payment to any Subcontractor, the Contractor must obtain an affidavit from the Subcontractor, signed under penalty of perjury, which states that the Subcontractor has paid the specified, determined prevailing wage rate to its employees for the Project, as well as any amounts due pursuant to Labor Code 51813, Contractor must provide copies of such affidavits to the City and provide Contractor's affidavit that it has paid the specified, determined prevailing wage rate to its employees for the Project, as well as any amounts due under Labor Code $1813. K. Statement of Employer Payments Within five (5) calendar days of signing the Contract or Subcontract, as applicable, the Statement of Employer Payments (DSLE Form PW 25) must be completed and submitted to the City by each Contractor and Subcontractor who pays benefits to a third party trust, plan or fund for health and welfare beneflts, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund or trust name, address, administrator, and amount per hour contributed and frequency of contributions. Training fund contributions must also be reported on this form. In February and August of each year during the Project, the Contractor and Subcontractors of any tier must verify changes in wage rates for any trade classifications used on the Project. Thereafter, Contractor and its Subcontractors must submit a new Statement of Employer Payments to the City which reflects any changes in wages and benefits. L. Apprentices 1. Apprenticeship Committee Contract Award Information - Pursuant to Labor Code 97777.5 and Tltle I California Code of Regulations 5230, Contractor and Subcontractors of any tier who are not already approved to train by an apprenticeship program sponsor must, within ten (10) calendar days of signing the Contract or Subcontract, as applicable, but in any event prior to the first day in which the Contractor or Subcontractor has workers employed on the Project, submit contract award information. This information may be a Public Works Contract Award Information form (DAS form 140). The contract award information must be provided to the appropriate local apprenticeship committees whose geographic area of operation include the area of the Project and can supply apprentices to the Project. Contractor and Subcontractors must also submit a copy of the form to the City which must include, in addition to other information, an estimate of journeymen hours to be performed under the Contract or Subcontract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. Failure to provide contract award information, which is known by the Contractor or Subcontractor, shall be deemed to be a continuing violation for the duration of the Contract. 2, Employment of Apprentices - Labor Code 97777.5 and -Iltle I California Code of Regulations 55200 et seq. provide detailed requirements for employing apprentices on public work. The responsibility of complying with Section U77.5 and the regulations lies exclusively with the Contractor. When the Contractor of Subcontractor employs workers in any Apprenticeable Craft or Trade, the Contractor and Subcontractor must employ apprentices in at least the ratio set forth in Labor Code Section 1777.5. Every apprentice employed to perform any of the Work must be paid the prevailing rate of per diem wages for apprentices in the trade to which such apprentice is registered, and such individual must be employed only for the work of the craft or trade to which such individual is registered. Only apprentices, as defined in California Labor Code $3077, who are in training under apprenticeship standards and written apprenticeship agreements under California Labor Code 553070 et seq. are eligible to be employed for the Work. The employment and training of each apprentice shall be in accordance with either of the following: (1) The apprenticeship standards and apprentice agreemenb under which such apprentice is training; or (2) The rules and regulations of the California Apprenticeship Council, including regulation Section 230.1 (3), which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men. 3. Apprenticeship Certificate and Request for Dispatch of Apprentices a, When the Contractor or any Subcontractor of any tier in performing any of the Work employs workers in any Apprenticeable Craft or Trade, as defined in Paragraph L(4), the Contractor and such Subcontractor may apply to the Joint Apprenticeship Committee administering the apprenticeship standards of the craft or trade in the area of the site of the Work for a certificate approving the Contractor or such Subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected, provided, however, that the approval as established by the Joint Apprenticeship Committee or Committees shall be subject to the approval of the Administrator of Apprenticeship. The Joint Apprenticeship Committee or Committees, subsequent to approving the Contractor or Sukontractor, shall arrange for the dispatch of apprentices to the Contractor or such Subcontractor in order to comply with California Labor Code 51777.5. Thete shall be an affirmative duty upon the Joint Apprenticeship Committee or Committees, administering the apprenticeship standards of the crafu or trades in the area of the site of the Work, to ensure equal employment and affirmative action and apprenticeship for women and minorities. Contractors or Subcontractors shall not be required to submit individual applications for approval to local Joint Apprenticeship Committees provided they are already covered by the local apprenticeship standards. b. Contractors who are not already approved to train apprentices must request dispatch of required apprentices from one of the applicable Apprentices Committees whose geographic area of operation includes the site of the Project by giving the committee actual notice of at least forty-eight (48) hours (excluding Saturdays, Sundays and holidays) before the date on which one or more apprentices are required. Contractors and Subcontracto6 may use DAS form 142 to make the request for apprentices. However, if a non-signatory Contractor declines to abide by and comply with the terms of a local committee's standards, the Apprenticeship Committee shall not be required to dispatch apprentices to such Contractor. Conversely, if in response to a written request, an Apprenticeship Committee does not dispatch any apprentice to a contractor who has agreed to employ and train apprentices in accordance with either the Apprenticeship Committee's Standards or the California Apprenticeship Counsel Regulations (Title 8, Section 230 et seq.) within 72 houB of such request (excluding Saturdays, Sundays and holidays) the contractor shall not be considered in violation of Section 230.1 as a result of failure to employ apprentices for the remainder of the Project, provided the contractor has made the request in enough time to meet the required ratio. If an Apprenticeship Committee dispatches fewer apprentices than the Contractor or Subcontractor requested, the Contractor or Subcontractor shall be considered in compliance if the Contractor employs those apprentices who are dispatched, provided that, where there is more than one Apprenticeship Committee able and willing to unconditionally dispatch apprentices, a Contractor or Subcontractor who is not a participant in an apprenticeship program has requested dispatch from at least two committees. 4. Ratio of Apprentices to Journeymen a. The ratio of Work performed by apprentices to journeymen, who shall be employed in the Work, may be the ratio stipulated in the apprenticeship standards under which the Joint Apprenticeship Committee operates, but in no case shall the ratio be less than one hour of apprentice work for every five hours of labor performed by a journeyman, except as othen/ise provided in California Labor Code 97777.5. fhe ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the site of the Work and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any Work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The Contractor must employ apprentices for the number of hours computed as above before the end of the Contract or subcontract, as applicable. The Contractor must, however, endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the site of the Work. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Division of Apprenticeship Standards, upon application of a Joint Apprenticeship Committee, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. b. The Contractor or any Subcontractor covered by this Paragraph and California Labor Code 51777.5, that has agreed to be covered by an Apprenticeship Program's standards, upon the issuance of the approval certificate, or that has been previously approved in such craft or trade, must employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards, but in no event less than the 1-to-5 hourly ratio. Upon proper showing by the Contractor that it employs apprentices in such craft or trade in the State of California on all of its contracts on an annual average of not less than one apprentice to each five journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the Contractor from the 1- to-5 hourly ratio as set forth in this Paragraph and California Labor Code 91777,5. 5. Exemption - The requirement to employ apprentices shall not apply to contracts of general contractors, or to contracts of specialty contractors not bidding for work through a general or prime contractor, involving less than Thirty Thousand Dollars ($30,000.00) or twenty (20) Working Days. The term "Apprenticeable Craft or Trade," as used herein shall mean a craft or trade determined as an Apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. 6. Contributions to Trust Funds - The Contractor or any Subcontractor of any tier who performs any of the Work by employment of journeymen or apprentices in any Apprenticeable Craft or Trade shall contribute to the California Apprenticeship Council in the same amount that the Director determines is the prevailing amount of apprenticeship training contributions in the area of the Project. Contractor or any Subcontractor, of any tier, may take as a credit for payments to the Council any amounts paid by the Contractor or Subcontractor to an approved apprenticeship program that can supply apprentices to the Project. Contractors who do not contribute to an apprenticeship program must submit their contributions to the California Apprenticeship Council. Training Fund contributions are due and payable on the 15th day of the month for work performed during the preceding month. Trainlng contributions to the California Apprenticeship Council shall be paid by check and shall be accompanied by a Completed Training Fund Contribution form (CAC-Z). Contractors who contribute to an apprenticeship program are entitled to a full credit in the amount of those contributions. The Division of Labor Standards Enforcement is authorized to enforce the payment of such contributions to such fund(s) as set forth in California Labor Code 5 227. Such contributions shall not result in an increase in the Contract Price. 7. Contractor's Compliance - The responsibility of compliance with this Paragraph for all Apprenticeable Trades or Crafts is solely and exclusively that of the Contractor. All decisions of the loint Apprenticeship Committee(s) under this Paragraph are subject to the provisions of California Labor Code 53081. In the event the Contractor willfully fails to comply with the provisions of this Paragraph and California Labor Code S1777.5, pursuant to California Labor Code 5L777.7, the Contractor shall: (i) be denied the right to bid on any public works contract for a period of one (1) year from the date the determination of non-compliance is made by the Administrator of Apprenticeship; and (ii) forfeit, as a civil penalfy, One Hundred Dollars ($100.00) for each calendar day of noncompliance. Nohvithstanding the provisions of California Labor Code 51727, upon receipt of such determination, the City shall withhold such amount from the Contract Price then due or to become due. Any such determination shall be issued after a full investigation, a fair and impartial hearing, and reasonable notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. Any funds withheld by the City pursuant to this Paragraph shall be deposited in the General Fund or other similar fund of the City. The interpretation and enforcement of California Labor Code 991777.5 and 7777.7 shall be in accordance with the rules and procedures of the California Apprenticeship Council. EXHIBIT A LIVING WAGE PROVISIONS Minimum Livino Waqes: 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 qualirying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. PART II SPECIAL PROVISIONS. SPECIFIC FOR THIS PROJECT II-1.01 Highlights of relevant Facts- Vernon Gas & Electric (VG&E) is requesting lump sum (fixed price) bids for a Contractor to provide TURNKEY design, engineering, procurement and construction services for all work and provide two each safe, reliable, functional, operational and ready-in-service control systems for the two existing aero-derivative gas turbines used for power generation (Gonzales Unit l and 2) including but not limited to voltage control, fuel control, unit sequencing control, remote operating station and other miscellaneous equipment, hardware and software necessary located at 4990 Seville, Vernon CA 90058. The upgrade must be designed to guara4tee a fully automated push button control individual turbine startup and synchronization in less than 10 minutes for each turbine in individual or two back to back sequential starts if ordered by CalISO. The Contractor must be willing to guarantee the design so that the full load operation is reached in less than ten (10) minutes. Under no circumstances shall the Contractor be relieved of their operational ten minute start and full load guarantee due to their strict adherence to the suggestions stated in this document which is only a suggested guide. The Contractor is solely responsible for the execution of this contract. II-1.02 Issues or Problems to be Addressed - VG&E owns and operates two (2) Rolls-Royce 571K Allison industrial aero-derivative gas turbines used for power generation. These two turbines provide a value to the City of Vernon in the form of Non-Spin Ancillary Service but more importantly provide a part of the City's Resource Adequacy (RA) requirements. Each turbine has operated on average approximately 20 hours per year however when they are called on a less ten (10) minute start to full load is required for acceptance by the CalISO. The RA requirement is based on reaching full load (about 6 MW's per turbine) in less than ten (10) minutes after receipt of a Dispatch notice by CalISO. If the turbine starts does not reach full load in less that or exactly in ten (10) minutes the City of Vernon may incur a penalty by the CaIISO and the RA payment to the City of Vernon is at risk. The CaIISO considers a start of greater than (10) minutes a start failure and it is not accepted. The term "Failed Start Event" will be used throughout this section - special provisions to describe such an event. The City therefore wants to replace the existing control system with a new design to minimize the potential for an M penalty and subjection to a deduction of the yearly payment due to a start failure. The City wants to eliminate or at least minimize this financial income risk. The construction window for this project is from October 2015 to March 2016. The City has a preferred installation time of 100 working days for both units. Each unit will be upgraded independently of each other so one unit may stay in service at all times. It is expected that the Design, Construction and testing of the Control Cabinets be done well in advance of the construction window starting from the Notice to Proceed date. The existing operating and sequencing control systems for the turbines have become obsolete and spare parts are no longer manufactured. The existing sequencing control and protection systems for the turbine-generator train need to be removed once at a time and replaced with a new modern operating system capable of starting, sequencing and coming up to full load automatically and in less than ten (10) minutes with either a single turbine or two turbines in a sequential manner. This will assure the existing turbines remain in service, due to their ability to reach full load in less than ten (10) minutes, and the City will not be subject to a "Failed Start Event", penalty and the RA payment put at risk. II- 1.03 Scope of Work - VG&E is requesting bids for a Contractor to provide a turnkey design and guarantee a fully automated push button control system for startup and synchronization in less than ten (10) minutes for the two existing aero-derivative gas turbines power generation Gonzales Unit 1 and 2 including but not limited to: 1) Minimum System Requirements: A. The design, engineering, procurement and construction, Contractor shall furnish all work for replacing the existing obsolete control system and designing and providing a safe, reliable, functional, operational and ready-in-service new control system for each of the Gonzales units 1 and 2 turbines including but not limited to the PLC, HMI, Voltage Control, Fuel Control, Unit Sequencing Control, Remote Operating Station, Protection relays, Meters, Gauges, prints and other miscellaneous equipment, hardware and software necessary. B. The Contractor shall be responsible for the design, engineering, procurement, construction, management, new settings, startup, operator training, testing and commissioning of the Project, II-1 C. D. including necessary modifications to the existing Gonzales control system. The Contractor shall provide all materials, equipment, machinery, tools, labor, transportation, construction administration and other related services, including all licenses and permits necessary to complete the Project in accordance with this agreement. The Contractor must achieve mechanical completion of the project, and conduct a performance test proving that the project meets the minimum performance levels. The Control Cabinets shall be fully completed and tested prior to arriving to the job site. The City may elect to have the testing witnessed at the factory but shall not be responsible for acceptance of the test or cabinet design, engineering or construction which is the sole responsibility of the contractor. The City of Vernon's work schedule is from 6:30 am to 5:00 pm, Monday through Thursday. The Contractor will report to the site at 5:30 am. Any after hour overtime work required by the Contractor, shall be paid by the Contractor. The Contractor is responsible for the overtime of lts own crews. The successful Contractor shall provide three hard copies of the complete design with all documentation, plus one copy in electronic format. Drawings, including specific one-line, elementary diagrams, wiring diagrams, and any other drawings required for the City specific installation, will be furnished with the appendix. Such drawings are hereby made a part of this Specification. The Contractor is required to review all related City plans and documents necessary for design of Gonzales Control System Upgrade and related facilities in detail and prior to bidding the project. Any conflict or obstructions shall be brought to City's aftention and mutually agreed on prior to final award. The City may provide a Project Manager for coordination purposes but under no circumstances shall this City representative relieve the Contractor from any obligation contained in the contract. The Contractor may use the services of other vendors and subcontractors, however the Contractor assumes the risk for the entire work scope. 2) DESIGN: The Contractor shall thoroughly review and verify the existing protection and control drawings, manuals and other documentation and compare to the existing equipment controls facilities for accuracy. A new protection, control, metering and automation control system with new PLC will be designed based upon the drawings and City's existing documentation. The Contractor shall perform complete work regardless of possible omissions or errors in any City provided drawings, documentation, standards, material lists, and this Specification. Miscellaneous material items that are missing shall be furnished by the Contractor, at no additional cost to the City, to produce completely working protection, metering, control, and automation systems in conformity with the intent of the Work and this Specification. The City's Project Manager shall have the final authority in determining the Contractor's responsibility to complete all work in conformance with the drawings and this Specification. The City's Project Manager shall have the final authority to direct the Contractor to correct any and all work that has been improperly performed, at no additional cost to the City or relieve the Contractor of any obligation(s) regarding the less than ten (10) minutes full load start guarantee. 3) PROTECTTON: Replace all protective devices with a Schweitzer microprocessor-type SEL-700G1+ relay with auto sync relay. Provide and install new wiring for protection, controls and metering systems. Contractor shall provide an SEL-700G1+ relay for each turbine. The SEL-700G1+ relay shall be selected to have adequate I/O counts for the statuses, control, and protection necessarily required for the upgraded system. Suggested P/N is 0700G11A1A3A76850220 (hard-wired I/O) or 0700G11M33A76850220 (DeviceNet option) depending the amount of information needs to be sent to the 700 relay. The SEL- 700 relay will communicate serially with an existing SEL-RTAC (i.e., SCADA RTU) located in the main relay room in the basement over a pair of multimode fiber mode cables and 2 converters (Schweiuer SEL-281OMR and SEL-281OMT referred. This new relay shall be configured to serve as the access point for all other I/O's in the new control system to the existing SCADA. E. F. H, I. II-2 G. B. An existing SchweiEer SEL-300G is located in the basement and used for monitoring and remain as part of the new protection scheme. Additional wiring will be required for the SEL-700G1+ and a count of the inputs and outputs is required to the relay as part of this design. C. The Contractor shall engage services of SchweiEer Engineering Laboratories (SEL) Engineering services to provide all programming and testing for the SchweiEer SEL-700G1+ relay including relay setting calculations and testing all relay elemenLs used as part of the relay scheme. Contractor shall include a firm cost of this item in the contract. 4) VOLTAGE CONTROL A. Remove the existing voltage controls and replace with Basler or City approved equivalent Digital Excitation Control System which includes, but is not limited to the voltage regulator, power factor controller and diode protection unit. B. Replace the existing synchronizer and utilize the auto synchronizer on the SEL-700G1+ relay. C. Remove all analog gauges and meters on panel and replace with new gauges and meters on the new control cabinet. 5) FUELCONTROL The fuel control shall be bid out for the options below: A. The first option shall be to remove and send the existing Precision Engine Controls Corporation (PECC) PECC-TCSD to the manufacturer for a health check and new cards purchased. B. The second option shall be to remove and send the existing PECC-TCSD to the manufacturer for a health check and card upgrades C. The third option shall be remove the existing PECC-TSD to the manufacturer for a health chec& card upgrades and a full set of spares. D. The fourth option shall be remove the existing PECC-TCSD and install a new PECC-TCSD. E. New engine analog gauges shall be installed including the following; N1 Gas Generator, N2 Power Turbine, and Measured Gas Temperature (MGT). 6) UNIT SEQUENCING CONTROL A. The Contractor shall be responsible for communication, retrieving all data, ladder logic codes and information from the existing GE PLC for the successful installation of the new PLC. The Contractor is responsible for providing any tool and software required for communicating with the existing GE PLC. B. The existing PLC shall be removed and replaced with an Allen Bradley or City approved equivalent. The contractor shall be responsible for preparing the new PLC code based on the existing algorithm. The PLC for unit sequencing and monitoring of the skid, drive train and safety protection including but not limited to the following: o Turbine auxiliaries . Gearbox and associated auxiliaries . Generator and associated auxiliaries . Fire systems to detect flre . Gas Systems for leaks and monitoflng C. Two new HMI's 15" in size shall be installed to communicate with all devices. One will be installed on the control room and the second will replace the existing Nematron on the skid. D. Replace existing temperature monitoring system of the MGT'S. This is the scanner for the separate individual thermal couples (9 channels type k). 7) CONTROL CABINET A. A new control cabinet shall be engineered and designed to replace the existing control cabinet. The old cabinet and controls shall be disconnected and removed and replaced with a new cabinet with new controls. The new controls will consist of all controls for Manual and Auto functions. The Manual and Auto controls will include but may not be limited to: -3 . Manual and Auto synchronization . Manual and Auto loading . PLC and all gauges, switches, SchweiEer SEL-700G1+ relay, test switches and manual controls. . The controls shall be self-ramping up to temperature control. . The controls shall be capable of black start operation. . All engines controls SHALL BE SIMULATED and tested with the new control cabinet prior to installation at the site. . Panel and all analog/digital gauges shall be new. . The hard-wired connections between the turbines and the existing Quindar RTU, RIG, and SEL-300 relays shall remain as is. 8) REMOTE STATION A. A remote control station shall be installed in the control room with a new HMI screens 15" in size for monitoring purposes. B. Next to the screen new hard wired pushbutton controls shall be installed for start, stop and emergency stop controls plus three indicator lights:. Ready to start indication. Alarm indication. Shut down indication 9) OTHER EQUIPMENT AND ITEMS OF WORK The work shall also include but not limited tq the following items requird for a complete installation: A. All necessary Federal, State, County, and City permits/Licenses. B. All wiring, conduit, and cable trays between individual items of Contractor furnished equipment as specified in this speciflcation. C. Equipment nameplates and mimic diagrams. D. Special Tools E. All required spare parts F. Factory testing and test reports. G. Complete project documentation. H. Design, construction and as-built drawings. I. On-site field service engineering. J. On-site training. K. All training manuals, construction manuals, maintenance manuals, and legally licensed programming and driver software for PLC, HMI and other programmable devices proposed. L. Project management. M. Field-testing and commissioning. N. All works and installation as deemed necessary to complete the package. 10) UMITING DIMENSIONS The Contractor shall contain equipment within the specified area, providing the necessary space above and alongside ofthe equipment to allow for removal and maintenance. 11) COMMISSIONING TESTS, INSPECTIONS AND QUALITY ASSURANCE A. The contractor shall provide engineering installation, commissioning tests, inspection, and quality assurance reports for each piece of equipment. The Contractor shall document all tests, inspections, quality assurance processes and results for the City's review and approval. The Contractor shall make any corrections as necessary at no additional cost to the Cify. The Contractor will prepare a performance test plan for the commissioning and start up guarantee testing which will be subject to review and approval by the City of Vernon designated representative. ll-4 B. The Contractor shall engage services of SchweiEer Engineering Laboratories (SEL) engineering services to provide all programming and testing for the SchweiEer SEL-700G1+ relay including relay settlng calculations (if required) and testing all relay elements used as part of the relay scheme (pushing current, applying voltage, and trip testing to veriry element pickup). C. All actuators shall be stroked, properly checked and calibrated to ensure proper function and coordination with control system. D. All communication with the new PLC and engine fuel controller PECC-TCSD shall be engineered and tested for proper operation. 12) ROUTINETESTS Prior to assembly, all individual components shall be tested as described in the following paragraphs. All tests shall be performed according to the current industry standards which shall be provided by the Contractor in their bib submittal for review by the City. These test standards shall be included in the contract documents. 13) CONTROL CABTNETS A. The general assembly shall be inspected with a visual inspection for corrections, obvious defects, neat wiring, and proper component identification. B. All engine controls will be simulated prior to installation at the site, C, The Contractor shall verify all connections are tight, accessible and in compliance with this specification. D. The contractor shall perform an equipment list check with verification of all components against the engineering bill of material list and the detailed drawings. E. The Contractor shall perform a nametag check for proper component labels, terminal block marking strip labels, control panel nameplates, and relay rack nameplates. F. The Contractor shall check all devices with tests of the coil voltages and contact configuration on all relays, and tests of the switches and pressure switches to veriry conformity with the NO and NC positions as shown on the elementary diagrams. G. The Contractor shall check the heater resistance. H. The Contractor shall perform a wiring check with point-to-point checks verirying that all connections are correct and tight. I. The electrical continuity of each conductor shall be tested per the elementary diagrams and ensure that all jumpeB are installed. l. The Contractor shall make a check of all wire markers. K. The Contractor shall perform a megger test of all control wires between each terminal point and cabinet ground to ensure integrity of wiring and device insulation (omit s€nsitive electronic devices). L. The Contractor shall perform functional tesLs on all control circuits for simulating and verifying the proper operation of the equipment (including energizing each protection relay and control device, monitoring the operation of contacts, lights etc,). The Contractor shall check all DC and AC power circuits prior to energizing any equipment. M. The Contractor shall check that all equipment grounds are properly grounded. N. The overall appearance shall be inspected for neatness and checked that it has been vacuumed, cleaned and touched up where necessary by the Contractor. O. The Contractor shall prepare the equipment for shipment including an inspection for cleanliness; checking for proper packaging and protective covering. P. The Contractor shall verify and test all alarm and SCADA circuits. Q. The Contractor shall verify any cutout switches for power on and power off. R. The Contractor shall test all equipment as indicated under the description of the various manufactures' materials, instruction manuals, and as further outlined or implied in this Specification. S. The Contractor shall test all material for proper mechanical operation. II-5 D. 14) RELAYS AND PROTECTION METERS The Contractor shall provide install and commission the relays and related equipment shown on the Drawings. 15) ENGINEERING REQUIREMENTS The Contractor shall assign a single Project Manager to manage and coordinate all commercial and technical aspects of the project, The Contractors Project Manager shall submit weekly progress reports, and maintain the master poect schedule. Project schedule needs to be In Microsoft Project format, The Contractor shall provide drawings, documentation, and instruction manuals submitted in accordance with the requirements set forth in this specification. The Contractor shall include a transmittal letter with all submitted drawings, documenLs, and reports. All drawings shall be submitted to the City as both hard copy and in AutoCAD updated and as-built before final acceptance. The Contractor shall use City standard title block, fonts, line types and thickness, layout, etc. on all drawing, unless the City's Project Manager gives prior approval to the Contractor. The following drawings shall be submitted (hard copy) for review and comment by the City within six (6) weeks of the Contractor issuing a Purchase Order for equipment: . Panel Layout with parts list . HMI screen layout . Interconnection block diagram . Control flow chart . Slngle-line Diagram . Elementary Schematic Drawings ' I/O list o Wiring Diagrams Elementary and wiring diagram drawings shall be drawn according to City standards in AutoCAD. Schematics shall show contract developmenLs for all relays and control switches. Each device shall be identified by a unique function number, conforming to ANSI C37.2 and the Cityt standards. A complete circuit shall be shown on a drawing in it's entirely for each voltage device. The City shall review each drawing, and return the drawing to the Contractor marked: > Noted with Comment, > Comments wnH CHANGES NOTED, or > MAKE CHANGES AS NOTED. The Contractor shall revise and resubmit the drawings until the City returns the drawings marked: . Approved for construction Permanent nameplates shall be provided to identify each component of the control panel. Nameplates shall be engraved in black and white lamacoid. Engraved lettering shall be in the English language, and a mlnimum of 1/c" high and U8" thick. Letters shall be white with a black background. Warning labels shall be provided on each compartment with an external circuit. Warning labels shall be red background with white letters. 16) FIELD SERVICE AND TRATNTNG The Contractor shall provide field service (labor and equipment) to complete wiring. Inspection, testing and energization as long as needed. The Contractor shall engage services of SchweiEer Engineering Laboratories (SEL) Engineering Services to provide commissioning support for the SEL- 700G1+ relay. F. II-6 The Contractor shall provide two (2) weeks of hands-on training to City fleld and operation crews, as well as engineers, during the installation phase and at a later date shall provide at least one (1) week of classroom and other hands-on training to City field, operations and engineering personnel as a part of this contract. If the City determines it requires additional training after the three weeks it may be provided on a separate "nme &Materiaf'Rate basis by the Contractor. The Contractor should expect several field, operations, and engineering personnel to be present at the Gonzales Control System Upgrade job site during the entire construction (installation) process witnessing the work scope. 17) STATEMENT OF READINESS Following completion of the field inspections, adjustments and tests, the Contractor's Project Manager shall submit a signed statement to the City's Project Manager stating that the complete Control System has been properly installed. adjusted and tested, and is ready for operational testing to demonstrate guarantee conditions of repeated ten (10) minute starts in a fully automated mode has been achieved. 18) EXPERIENCE AND WARRANTY The Contractor and equipment manufacturers shall have at least five (5) years' experience in the manufacture of similar design, of control systems and other equipment. The Contractor shall also provide at least three (3) year warranties on all equipment executed from the date that a certificate of successful operation of the control system, in accordance with this Specification, is issued by the City. The Contractor shall replace, free of all expense to the City, any defective work and equipment during the warranty period within thirty (30) days, or within such reasonable time approved in writing by the City. A. The contractor shall guaranty and be subject to liquidated damages if any turbine fails to reach full load in less than ten (10) minutes following an initiation of auto start during the three year warranty period if the cause of such failure is deemed to have been caused SOLELY by any component in the control system provided under the contract. Any demonstrated and mutually agreed operator error shall relieve the contractor of the failed start penalty for that particular start. II-1.04 Soecifications - Except as otherwise provided, installation and payment for all the work shall conform to the "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBUC WORKS CONSTRUCflON (2012 Edition). II-1.05 Length of Contract - All work in this project shall be completed within one hundred (100) working calendar days for both units starting from the Notice to Proceed. It is expected that the design, construction and testing of the control cabinets will be done well in advance of the construction window starting from the Notice to Proceed date. U-1.06 Delays and Extensions of Time - The provisions of Section 6-5 entitled "Delays and Extensions of Time" of the Standard Specifications shall apply except as modified and supplemented below. The second paragraph of subsection 5-6.1 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 Operation Manager. 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. tr-7 II-1.07 Oualiw of Work - The provisions of Section 4-1.1 entltled "Materials and Workmanship" of the Standard Specifications (2012) shall apply. In addition, any work deemed unacceptable by the City Operation Manager, whether a cause is determined or not shall be repaired or replaced by the Contractor at its expense. II-1.08 Liouidated Damaoes - In accordance with Section 5-9 of the Standard Specifications (2012), for each consecutive calendar day required to complete the work in excess of the time specified herein for its completion, as adjusted in accordance with Section 6-6 of the Standard Specifications (2012), the Contractor shall pay to the City, or have withheld from monies due it, the sum of $1.500.00. II-2.01 Scheduling of Work - The Contractor shall submit its work schedule to the City Operation Manager at the pre-construction meeting. This schedule must be reviewed and accepted by the City Operation Manager before the Contractor will be permitted to begin work. The Contractor shall give 48 hours' notice to the City Operation Manager prior to the start of the work. II-2.02 ReouiremenLs - General: 1. All construction shall conform to Sections 6-1 and 6-2 of the Standard Specifications 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 tramc in a manner approved by the City Operation Manager before the next stage of work will be allowed to begin. II-3.01 Character of Workers - If any subcontractor or person employed by the Contractor shall appear to the City Operation Manager 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 Operation Manager, and such person shall not be reemployed on the work. If said individual has an ownership interest in the contracting entity, the City Operation Manager will serye 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. II-4.01 Examination of the Site - The bidders are required to examine the site and judge for themselves the location, physical conditions, substructures, and surroundings of the proposed work. II-8 PART III TECHNICAL SPECIFICATION III-1.01 General A. The intent of this specification is to define the technical requirements for the control system upgrade. This specification covers the design, manufacture, supply, testing, transportation, installation supervision, and commissioning of the associated equipment. IU-1.02 Electrical Eouioment The Contractor shall furnish a separate local control cabinet for the local control of each Unit. They shall be placed in suitably designed and fabricated cabinets and connected by means of multi-conductor cables. Each cabinet shall be completely fabricated and wired to the terminal blocks specified herein for control and monitoring. A. All control cabinets shall be completely wired, tested, and ready for installation. The Contractor shall provide the necessary cutouts and space to allow sufficient cable access for remote control and protection functions. Wiring shall conform to all NEC requirements. Wire ampacity and insulation shall meet the requirements for control circuits. The wiring shall be neatly arranged and secured to the cabinet panels or supported by suitable brackets as required. Splicing of wires is not acceptable. All external wiring shall terminate on terminal block with numbering strips to identify each terminal. All required jumpers are to be located opposite the field terminations on the terminal block. Each terminal screw shall carry no more than two wires. Terminal block shall be suitably mounted, not less than 6- inches above the bottom panel. The terminal strips shall be mounted vertically, unless otherwise specified or shown on the drawings. Terminal blocks shall be arranged in a series of rows. Cabinet internal wiring and external wiring shall be segregated from one another by the row of terminal blocks. No devices, or other material, shall obstruct access to the terminal blocks for connections of terminals or for installation of control cables. The Contractor shall terminate all wiring with brazed barrel, insulated ring tongue terminals only. B. All protection and PLC/HMI equipment shall be mounted. C. The cabinet shall have two doors hinged on the left and right side, equipped with a three-point latching system, operated with a single handle. The operating handle shall have provisions for locking the door shut. Hinges for doors and swing panels shall not permit sagging due to the weight of the door or panel. Each cabinet door shall be dust-tight and gasket NEMA 12 construction. The left cabinet door shall have the Generator Controls, the right cabinet door shall have the engine and sequencing controls. The controls for the turbine shall contain but are not limited to: 1. Switches AC side, Volt meter Generator, Volt meter Bus, Amp Meter, sync switch, voltage raise lower, governor raise lower, 85 lockout, breaker control, manual auto switch. 2. One SEL-700G1+ relay. 3. On the right side of the Turbine Panel; Gas meter, power turbine meter, MGT meter, HMI, start button, stop button, emergency stop button, auto manual switch. 4. One (1) red (CLOSED) and one (1) green (OPEN) LED indicating light for each circuit breaker. 5. GE, type EB-25 terminal blocks shall be used for all external control wire connections for circuit breakers and switches. A maximum of hvo (2) wires per terminal are permitted. 6. One (1) 15 A, 130VDC, two-pole breaker for the protection/isolation of control power. 7. Terminal block (GE, type EB-25) and terminations for all wires associated with electrical interlocking schemes. III-1 8. Terminal blocks (GE, type EB-25) for alarm circuits and miscellaneous remote control functions. III-1.03 Scope A. The scope of work (work) as defined herein, shall pertain to the design, and construction of the protection, metering, and controls, per this Specification. Programming of all relays, computers, and programmable logic controlleE (PLC), etc. shall be done by the Contractor. B. The Contractor shall design the protection, control, metering and communication interface for SCADA. Automation systems in accordance with the City's existing standards, drawings, facilities, and documentation. The Contractor shall perform complete work regardless of possible omissions in any City provided drawings, documentation, standards, material lists, and this Specification. Miscellaneous material items that are missing shall be furnished by the Contractor, at no additional cost to the City, to produce completely working protection, metering, and control Automation systems in conformity with the intent of the Work and this Specification. The City's Poect Manager shall have the final authority in determining the Contractor's responsibility to complete all work in conformance with the drawings and this Specification. The City's Project Manager shall have the final authority to direct the Contractor to correct any and all work that has been improperly performed, at no additional cost to the City. The following shall be considered in the design and wiring: 1. The wiring shall be no smaller the No, 14 AWG, stranded copper for control and No. 10 AWG for current leads except when directed otherwise by the City's Prolect Manager. All wires shall meet the requirements of the "Control and Secondary Wiring" subsection of the latest revision of ANSI Standard C37.20. In addition to the types of wires given in this standard publication, wire insulated with cross- linked thermosetting polyethylene insulation suitable for 600V operation (ICEA Pub. No. 5-56-524) is approved by the City. All wires used shall be clearly and properly tagged with wire destination included in the tagging. The material and procedure are subject to the approval of the City's Project Manager. 2. Miscellaneous accessory equipment not shown on the drawings, documentation, standards, or this Specification, but required for proper operation of the protection, and metering Automation systems, or by the intent of the Specification, such as small resistoE, fuses, capacitors, terminal blocks, etc. shall be furnished by the Contractor (at no additional cost to the City) and mounted with the necessary brackets, wiring, mounting, etc. subject to the approval of the City's Project Manager. 3. Terminal blocks shall be provided for all connections leaving the racks. Terminal blocks shall have screw terminals, barriers between terminals, high flame-retarding properties, mechanical toughness and high electrical strength. Each conductor shall be identified at each end with "Brady Quick Labels" or approved equivalent. III-1.04 Protection. Metering. and Controls The Contractor shall purchase equipment and perform the design, installation and commissioning for the SchweiEer microprocessor-type SEL-700G1+ relay for each of the Turbines. The protection elements of the SEL-700G1+ relay shall include but not limited to the existing solid state protection currently in place. (1) Over Frequency relay - 81O (1) Under Frequency relay - 81U (1) Reverse Power Relay - 32R (1) Reverse KVAR Relay - 32R (1) Overvoltage Relay - 59 (1) Under voltage Relay - 27 (1) Ground Overvoltage Relay - 59G (1) Under Voltage/Phase Sequence Relay - 27147 111-2 (1) Differential Relay - 87G (1) Overcurrent Relay - 5U27R (1) Negative Sequence Relay - 46Q As the minimum, the SEL-700G1+ relay shall be configured and programmed to send the following information to the SEL-RTAC using SEL protocol: . Vsynch, Generator voltages, currents, differential currents, KWh, PF, MW, MVAR, operating hours; status of Breakers, Generator running, PLC failure, Relay failure, Fail to start, Start Stop, and Ready to Start States. . city will be responsible for programming the RTAC and SCADA. The installation of sufficient test switches, terminal blocks, and other devices shall be considered in the design of the protective, metering, and control schemes according to the City's standards, drawings, and documentation, as well as the City's Project Manager. III-1.05 Equipment The Contractor shall provide the following equipment by part number, The Contractor is still responsible to purchase and install all other equipment and software for a complete turnkey system, as stated in this Specification. The Contractor shall obtain approval from the City before the purchase of any equipment since part numbers and/or models could change since the publishing of this Specification. PROTECIION RELAYS MODEL PART NUMBER SEL-700G1+ 0700G11A1A3A75850220(hard-wiredl/O) OR 0700G1 1AA33A75850220 (DeviceNet Option) FUNCIION Generator Protection Relay III-1.06 Other Eouioment The Contractor shall supply all other equipment required for a turnkey project. If any other equipment is identified as required throughout the course of work, the equipment shall be purchased, installed and commissioned by the Contractor and not cause any additional cost to the City. The identifying of this equipment by either the City or the Contractor does not eliminate the requirement that the Contractor is responsible for a turnkey working system. The omission of any equipment shall not cause any additional cost to the City. III-1.07 Penalty and Liquidated Damages for a Failed Start Event The Contractor shall guaranty and be subject to liquidated damages if any turbine fails to reach full load in less than ten (10) minutes following an initiation of auto start during the three (3) year wananty period if the cause of such failure is deemed to have been caused SOLELY by the new control system provided under the contract. Any demonstrated and mutually agreed operator error shall relieve the contractor of the failed start penalty for that particular start. Although it is not possible to calculate and determine the actual financial loss to the Cify of Vernon for a'failed start event'due to a control system failure to reach full load in less than ten (10) minutes and the intention is not to attempt to recover actual losses as assessed by the CaIISO against the City for such event a penalty of 5olo of the total contract value shall be assessed per failed start event and considered as liquidated damages. The total damages shall be capped at 200lo of the total contract price. III-3 APPENDIX A Forms to be submitted bv Bidder BIDDER'S CHECKLIST TO THE BIDDER: The following list is provided for the convenience of both you and the City and to help eliminate errors and omissions which may render your bid unacceptable. Please check all appropriate boxes and submit with your bid. tr IDENTITY CONFIRIVIATION BP-(a) E SUBCONTRACTOR LISTING BP-(b) ! AFFIDAVIT OF NON-COLLUSION (SIGNED BY BIDDER) BP-(c) ! LrvrNG WAGE COMPLIANCE CERTIFICATION BP-(d) J CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES FOR}IS AA-I'J Bids are to be signed and submitted in TRIPLICATE. Bidder must submit bids in AN ORIGINAL AND TWO COPIES. All bids shall be enclosed in sealed envelopes, distinctly marked "Bid" with the title of the bid and the bidder's name and address appearing on the outside. Bids should be addressed to: City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Mail sufficiently early or deliver in person before the time and day listed in the Notice Inviting Bids. Bids must be received in the City Clerk's Office before that time. APPENDIX..A" IDENTITY CONFIRMATION Contractor's Name Office Address If an individual, so state If a paftnership, corporation or firm, so state, giving the names and addresses of individuals constituting the organization. If a corporation, give the following information: Name of President Name of Secretary Organized under the laws of the State of Name and address of local representative Telephone: Fax: (Here attach a certificate in form to confirm 1) the identity of the bidder or officer who signs above, 2) the fact that he is the officer named, and 3) his authority to bind the bidder). BP-(a) APPENDIX.'A" SUBCONTRACTOR LISTING SUBCONTMCTOR USTING Contractor Name(s) Address License No. Description of Work BP-(b) AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) )ss couNTY oF LOS ANGELES ) APPENDIX.'A'' being first duly swom deposes and says that he/she is of (lnsert name ofbidder) who submits herewith to the City of Vemon a proposal; That all statements of fact in such proposal are true; That such proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; That such proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vemon, or of any other bidder or anyone else interested in the proposed contract; and further That prior to the public opening and reading ofproposals, said bidder: a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham proposal; b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham proposal, or that anyone should refrain from bidding or withdraw his proposal; c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element ofhis proposal price, or ofthat ofanyone else; d. Did not, directly or indirectly, submit his proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except the City of Vemon, or to any person or persons who have a partnership or other financial interest with said bidder in his business. I certify under penalty of perjury that the above information is correct. By:Title: (lnsrt "Sole Owner", "Partner", "President, "Secreiary", or other proper title) Date: BP-(c) APPENDIX..A'' LIVING WAGE COMPLIANCE CERTIFICATION This contract is subject to the City of Vernon's Living Wage Ordinance, Vernon Municipal Code Chapter2 Article XVlll. The Ordinance requires that contractors providing labor or services to the Ciry under contracts in excess of 525,000: o Pay no less than ten dollars and thirty cents ($10.30) per hour with medical benefits, or eleven dollars and fifty-five cents ($I L55) per hour without medical benefits to all employees who spend any of their time providing labor or delivering services to the City of Vernon. Additionally, in July lst of each year thereafter the Living Wage rate shall be adjusted by the change in the Federal Bureau ofLabor Statistics Consumer Price Index, for the Los Angeles area, for the most recently available l2 month period. Accordingly, current City contractors will be required to adjust wage rates no later than July I st, to remain in compliance. a Noti$/ employees who spend any of their time providing labor or delivering services to the City of Vernon who make less than twelve dollars ($12) per hour of their possible right to the federal Earned Income Tax Credit (EITC) under $ 32 of the Internal Revenue Code of 1954,26 U.S.C. $ 32, and making available to such employees forms required to secure advance EITC payments. The selected contractor will be required to evidence compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract; job classification; rate of pay and benefit rate. Provisions of the Living Wage Ordinance may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in clear and unambiguous terms. If this provision applies, you must provide a copy of the collective bargaining agreement to the City. I do hereby certifo and declare under penalty of perjury that if awarded the contract for which this bid/proposal is made willcomply with the (Name of Company) requirements of the Vernon Living Wage Ordinance, Vernon Municipal Code Chapter 2 Article XVIII and the rules and regulations promulgated thereunder. I understand that failure to comply with the provisions of the Vernon Living Wage Ordinance may result in termination of the contract as well as other penalties as stated in Vernon Municipal Code Chapter 2 Article XVIII. (Name)(Titte) (Signature)(Date) Please return this form with your bid/proposal. Questions concerning the Living Wage Ordinance should be directed to the Department of Finance - Purchasing Division 323.583.881 1. BP-(d) APPENDIX..A'' CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES Purchasing & Payables Division 4305 Santa Fe AvenueVernon, CA 90058 (323) 583-881 I Fax (323)826-1433 Internet: Article I. Affidavit of Equal Opportunity Employment & Non-segregation (Form AA-l ) Article II. Vendor List Questionnaire (Forms AA-2 & 3) In order to be placed to the City's vendor list and be eligible to receive City business, you must provide the following information except where indicated as "optional". By submitting this form you are declaring under penalty of perjury under the laws of the State of California and the laws of the United States that the information is true and correct. Furthermore, you are certiffing that your firm will adhere to equal opportunity employment practices to assure that applicants and employees are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your firm does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it Name of Company Address Business Telephone Fax number (optional) City State Contact Person E-mail Address (optional) Tax ID Number (or Social Security Number) Remit Address (if different) Please state clearly and concisely the type(s) of goods and services your company provides: The following section is OPTIONAL and is for statistical reporting purposes only. Ownership (please check all that apply): African-American Asian Armenian zip Disabled Hispanic_ Native American_ Female AA.1 FORM APPENDIX.A" Proiect Workforce Utilization (Form AA-2) This form is to be included in all bid documents for Fojects involving labororservices valued at $25,000 or more. in eech job classification as well as th€ numb€r ofn€w hires, ifany, as a result ofthis contract. Name ofCompany:Project: Job Titles/C lassifi cation Estimated number of existing staff to be employed in this classification if awarded the contract Estimated number of new hires to be employed in this classification if awarded the contract Are any current employees or potential new hires Vernon residents? If so, how many? AA.2 FORM APPENDIX..A'' Current Permanent Workforce Utilization (Form AA-3) OPTIONAL Name of Company:Project: Completion ofthis form is OPTIONAL, Any information supplied by vendors is for reporting purposes only and willnot be factored into the award ofany contract. Instructions: Please indicate the number ofemployees in each Job Classificstion belonging to the following groups. White (not of Hispanic oriein) African-American (not of Hispanic oriein) H ispanic Asian/Pacific Islander Native American Armenian Male Female CLASSIFICATION Officials/ Managers Professionals Technicians Office/Clerical Skilled Craft Workers Operators (semi-skilled) Laborers Service Workers TOTAL AA-3 FORM APPENDIX B Samole Contract LABOR AND MATERIALS CONTRACT BETWEEN THE CITY OF VERNON AND lcoNTMcToR's NAMEI COVER PAGE Contractor: [insert name of contractor] Responsible Principal of Contractor: [insert name, titlel Notice lnformation - Contractor: [insert name of contractor] [insert street address] [insert city, state, zip code] Attention: [insert name, title] Phone: [insert phone numberl Facsimile: [insert fax number] Notice lnformation - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: [insert department head] [insert department head titlel Telephone: (323) 583-8811 ext. linsertl Facsimile: [insert fax number] Commencement Date: [insert commencement datel Termination Date: [insert termination date], unless extended pursuant to section 1 Consideration: Total not to exceed $linsert amount] (includes all applicable sales tax); and more particularly described in Exhibit B Records Retention Period Three (3) years, pursuant to Section 8.3 LABOR AND MATERIALS CONTMCT BETWEEN THE CITY OF VERNON AND ICONTRACTOR',S NAME] THtS Contract is made between the clTY oF VERNON ("City"), a California charter city and California municipal corporation, and [Contractor's Name], a [State incorporated in] corporation ("Contractor") The City and Contractor agree as follows: 1.0 Contractor shall furnish all necessary and incidental labor, material, equipment, transportation and services as described in, and strictly in accordance with, and subject to all terms and conditions Set forth in Specifications for , as more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit "A". 2.0 All work shall be done in a manner satisfactory to the City's Director of Community Service and Water ("Director''), or the Director's designee, in writing, and shall be of highest quality with respect to ln the event Contractor fails to perform satisfactorily the City shall advise Contractor in writing, and Contractor shall have thirty (30) days to cure such failure to satisfactorily perform. lf ContrZaor fails to so cure its performance within said 30 days, the City may, at its option, terminate this Contract for default without further liability, other than payment to Contractor for work performed satisfactorily prior to the date of termination. 3.0 Contractor shall commence work upon the signing of this contract and shall perform work requested in writing by Director. 4.O ln consideration of satisfactory and timely Performance of requested work, the City shall pay Contractor as follows: ln the first three years of this Contract, a grand total amount not to exceed Dollars ($000,000). 5.0 Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to the City, as provided in the specifications and Notice lnviting Bids. The cost of the bonds shall be paid by Contractor. 6.0 GENERAL TERMS AND CONDITIONS. 6.1 INDEPENDENTCONTMCTOR. 6.1.1 lt is understood that in the performance ofthe services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or employee of City and shall furnish such services in its own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 6. 1 .2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay' Public Employees Retirement system benefits, or health, life, dental, longterm disability or workers' compensation insurance benefits. 6.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otheruise. 6.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 6.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy or incompleteness. 6.5 WAIVER. The City's waiver of any term, condition, breach or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 6.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and/or assigns. 6.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties or otheMise constitute a novation. 6.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 6.9 ATTORNEY'S FEES. lf any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 7.O INTERPRETATION. 7.1 APPLICABLE LAW. This Contract, and the rights and dutres of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California. 7.2 ENTIRE AGREEMENT. This Contract, including any Exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 7.3 WRITTEN AMENDMENT. This Contract may only be changed by written amendment signed by Contractor and the City Manager or other authorrzed representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 7.4 SEVERABILITY. lf any provision in this Contract is held by any court of competent lurisdiction to be invalid, illegai, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 7.5 ORDER OF PRECEDENCE. ln case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otheMise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's Specifications shall control over the Contracto/s bid. 7.6 CHOICE OF FORUM. The parties hereby agree that this Contract is to be enforced in accordance with the laws of the State of California, is entered into in the City of Vernon and that all claims or controversies arising out of or related to performance under this Contract shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 7.7 DUPLICATE ORIGINALS. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 7.8 TIME OF ESSENCE. Time is strictly of the essence of this Contract and each and every covenant, term and provision hereof. 7.9 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 7 .10 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having lurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 7.1'I INDEMNITY. 7.1 1.1 Contractor agrees to indemnify, hold harmless and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of: A. any activity on or use of City's premises or facilities or any performance under this Contract; or B. any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. 7.1 'l .2 This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). The sole negligence or willful misconduct of City, its employees or agents other than Contractor or Contractor's subcontractors are excluded from this indemnity agreement. 7.12 RELEASE. Contractor agrees to release and covenants not to sue the City, its City Council and each member thereof, and its officers, employees, commission members and representatives for any damage or injury (including death) to itself, its officers, employees, agents and independent contractors damaged or claiming to be damaged from any performance under this Contract. 7.13 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. 7.1 3. 1 Automobile Liability with minimum limits of at least $100,000/300,000/50,000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of $500,000 including owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form. 7.13.2 General Liability with minimum limits of at least $1,000,000 combined single limits written on an lnsurance Services Office (lSO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal lnjury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contracto/s performance of this Contract. A. lf Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. B. Blanket Contractual Coverage. C. Products/Completed Operations coverage. 7.13.3 Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. Compliance is accomplished in one of the following manners: A. Provide copy of permissive self-insurance certificate approved by the State of California; or B. Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability lnsurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or C. Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. 7.13.4 Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. 7.13.5 lnsurance shall be placed with insurers with a Best's rating of no less than B:Vlll. 7.13.6 Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. 7.13.7 Failure to maintain required insurance at all times shall constitute a default and material breach. ln such event, Contractor shall immediately notify City and cease all performance under this Contract until further directed by the City. ln the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of seFoff or recoupment from sums due Contractor, at City's option; (b) immediately terminate this Contract; or (c) self insure the risk, with all damages and costs incuned, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due Contractor. 7.14 NOTICES. Any notice or demand to be given by one party to the other shall be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. lf to the City: City of Vernon 4305 Santa Fe Ave. Vernon, CA 90058 With a Copy to: lf to the Contractor: Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 7 .15 TERMINATION FOR CONVENIENCE Mithout Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. lf the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractods exclusive remedy for termination without cause. 7.16 DEFAULT. ln the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. 7.17 ASSIGNMENT OF ANTITRUST CAUSES OF ACTION. Contractor hereby agrees to assign to the City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U-S.C. Sec 15) or under the Cartwright Act Chapter 2 (Commencing with Section 16700) or par12 ol Division 7 of the Business and Professions Code, or any similar or successor provisions of Federal or State law, arising from purchases of goods, services or materials pursuant to this Contract or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. 8.0 ADDITIONALASSURANCES 8.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this contract, the contractor and any other parties with whom it may subcontract shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "E". 8.2 VERNON BUSINESS LICENSE. Contractor shall obtain, and pay any and att costs associated therewith, any Vernon Business License which may be required by the Vernon Municipal Code. 8.3 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractods records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least 3 years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. lf not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and elitra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 8.4 CONFLICT. Contractor hereby represents, warrants and certifies that no member, officer or employee of the Contractor is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. 8.5 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty{ive dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1/z times the basic rate of pay. 8.6 LIVING WAGES. Contractor, or Subcontractor, if any, working on City service contracts of any amount, as to all employees spending time on City contracts shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City contracts. The Current Living Wage Standards are set forth in Exhibit "D" Upon request, certified payroll shall be provided to the City. [Signatures Begin on Next Pagel. lN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City [CONTMCTOR'S NAME, a [State and California municipal corporation incorporated in] corporation W. Michael McCormick, Mayor Name: ATTEST, Title: By: Name: Ana Barcia, Deputy City Clerk Tifle: APPROVED AS TO FORM: Hema Patel, City Attorney By:By: EXHIBIT A SCOPE OF SERVICES EXHIBIT B PROPOSAL EXHIBIT C SCHEDULE OF WORK EXHIBIT D LIVING WAGE PROVISIONS Minimum Livino WaEes: A requirement that Employers pay qualifying employees a wage of no less than $'10.30 per hour with health benefits, or $1 1.55 per hour without health benefits. Paid and Unpaid 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 uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. EXHIBIT E EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. Cedificate of Insurance CoNTRACT/ PU RCHASE ORDE R/ PERMTT/ INSURANCE REQUIREM ENTS Insurance policies for persons having a contract, purchase order, or permit other than for equipment purchase without installation, with the City of Vernon shall comply with the following City requirements: 1. The ACCORD Ceftificate of Liability Insurance form is an acceptable format for submitting insurance information. If you do not have your insurance information in this format please, contact the depaftment below. 2. The City of Vernon shall be given 30 days written notice of cancellation or material change. The certificate submitted will not be approved if it contains "best effort" modifiers or if it relieves the insurer from responsibility for failure to give notice. (See examples on the next page). 3. City of Vernon, its councilmembers, commissioners, officers, employees and agents, shall be named as an additional insured on general commercial policies. And the City of Vernon shall be the certificate holder. 4. Minimum general liability insurance limits shall be as follows: Combined single limit of $1,000,000 per occurrence. Note: The Specification or Request for Quote may provide for lesser or greater requirements depending on the potential risk involved. 5. Minimum automobile liability insurance limits shall be $100,000 combined single limits unless vehicles are not involved. 6. Workers' compensation insurance in statutory amounts. A separate Certificate of Insurance may be submitted. City need not be endorsed as an additional insured. 7. Insurance ceftificate(s) shall be provided verifying required insurance. Specific inquiries should be addressed to: City of Vernon Paul Kiehl, Risk Manager Risk Management Department 4305 Santa Fe Avenue Vernon, CA 90058 (323)s83-881 1FAx (323) 862-1438 CANCELLATION NOTICE DEFECTS Insurance certificates submitted to the City of Vernon should not contain any of the following defects in the cancellation notices: 1) "Best efforts" modifierc. "Best efforts" modifiers such as: a) Company will endeavor to mail. b) It is the intention of the company to mail. c) Company intends to notify. d) Company will make every effort to mail. The City requires a positive commitment to notiry rather than a best efforts non-binding promise. 2) Exculpatory clauses. Exculpatory clauses which relieve the insurer from liability for failure to notifo such as: a) but undeftakes no responsibility by reason of any failure to do so. b) but failure to mail such notice shall impose no obligation or liability of any kind upon the company. c) company assumes no responsibility for any mistake, or for failure to give such notice. 3) Unmodified Accord form. The Accord form is not acceptable unless the cancellation notice is modified as follows: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail days written notice to the certificate holder named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. REQUEST FOR WAVIER OF WORKERS COMPENSATION INSURANCE If insured has no employees or employees who are subject to the labor code, please sign the following affidavit: I cetify that in the performance of the work under the permit license agreement, purchase order, or contract with the City of Vernon which is the subject matter of this certification, I shall not, in any manner, employ any person or contract with any person so that any worker on said work would become subject to the workers' compensation laws of the State of California. Name Date Vendor/Permittee Gity of Vernon INSURANCE Name of Co: Project Title: I. PLEASE PROVIDE THE BELOW LISTED DOCUMENTS TO YOUR PROJECT MANAGER. 2. PLEASE SUBMIT THESE IN ONE (I) PACKAGE WHEN YOU HAVE ALL DOCUMENTS IN HAND. ALONG WITH THIS CHECK LIST, BECAUSE THEY WILL BE FORWARDED OVER AS A GROUP TO OUR RISK MANAGER FOR APPROVAL: lnclude on one or two Acord forms with the coverage limits, policy numbers, and dates for: A.EGeneral Liability. Combined Single Limit of $1,000,000 per occurrence. E Additional lnsured Endorsement form(s) Naming as Additional lnsured ("City of Vernon, its Council Members, Commissioners, officers, employees and agents.") Please provide either this: E CG 20 10 I 'l 85; orbothof these forms E CG 20 1O )(X )(X (for ongoing operations) AND E CG 20 37 XX XX (for completed operations). Q Endorsement Waivet of the Right of Subrogation for General Liability againsl lhe City of Vernon. E Coverage xCU is required if applicable B.E Auto Liability, $100,000 combined single limits unless vehicles are not involved. C.E Worker's Comp in statutory amounts. A separate certificate may be submitted. The City need not be named as additional insured. E Endorsement Waivet of the Right of Subrogation for Workels Comp against the City of Vernon. Note: The Specification or Request for lnsurance may be amended by the City, to require less or greater requirements depending on the potential risk involved. EXHIBIT B PROPOSAL 12 NORTHWEST ELECTRICAL SERVICES r-r-c 827 Llncoln Ave.Unit B-11 West Chester PA 19382 htp://nwelec.com Phone: 877-336-3539 Far: 484-551-3370 email: Jbllzman@nwelec.com DeslghBuilfiCommisslonlng4tu ol El*tical, H*henlcel, Auaomaalon and IEC Sytaem, tot lnclustryr PROPOSAL ALLISON TURBINE CONTROL SYSTEM UPGRADE THE CITY OF VERNON, CALIFORNIA CONTRACT LP.O242 May 24,2015 Northwest Electrical Services Proposal Number: PO5242015CV ORIGINAL I ., Proposal Number: P05242015CV Northwest Electrical Services LLC Table of Contents Section 1. Proposal Description ..................................3 Section 1.01 Executive Summary........... .................3 Section 1.02 Block Diagram.. ..................................5 Section 1.03 Voltage, Protection and Synchronization ..............................................5 Section 1.04 Fuel Control .............6 Section 1.05 Control System Architecture...... ..................................6 (a) PLC / Unit Sequencing Contro1.................... .............................6 (b) HMI (Local and Control Room)............... .................................7 (c) Historian ..............................7 (d) System Network ..................8 (e) Future Options for expandability.. .................8 Section 1.06 Factory Acceptance Test............ ..................................9 Section 1.07 lnstallation and Commissionin9..................... ..............9 Section 1.08 Field Service and Training ..... ...........10 Section 1.09 Maintenance and Technical Support ............ .............11 Section 1.10 Spare Parts....... ................................11 Section 1.11 Exceptions and C|arifications........................ .............12 Section 1.12 Hewlett - Packard (HP) WSCA Quote ..................................................13 Section 2. Bid Proposal Required Attachments Section 2.01 Bid Proposal Forms BP-1, BP-2, BP-3 Section 2.02 ldentity Confirmation form BP-(a) Section 2.03 Subcontractor Listing form BP-(b) Section 2.04 Affidavit of NonE Collusion form BP-(c) Section 2.05 LivinB wage Compliance Certification form BP-(d) Section 2.06 Certificate of Equal Opportunity Practices Forms M-1,2,3 Section 3. Northwest Electrical Services LLC Company lnformation Section3.01 CapabilitiesBrochure Section 3.02 Project Briefs Section 3.03 Organizational Chart and Key Staff CV's Section 3.04 Northwest Electrical Services Code of Conduct Section 3.05 Northwest Electrical Services Environmental Policy PaBe 2 sl27 /7s Proposal Number: P05242015CV Section 1. Proposa! Description Section 1.01 Executive Summary Northwest Electrical Services LLC / Hewlett Packard is pleased to propose a turnkey control system upgrade in response to the Project Specifications for Allison Turbine Control System Upgrade for the City of Vernon, California, Contract L?-0242f.or a lump sum cost of $662,330.16. Major components ofthe upgrade are described in detail in subsequent sections, however in summary this proposal includes the Design Engineering, Assembly, Factory Testing, lnstallation, Commissioning, Training, Warranty, Spare Parts and Maintenance of the following: Voltage control utilizing Basler DECS250-LN 1SN 1N, including raise lower switches, lights, lockout switches, breaker control switches and Auto/Manual Switch, and pilot lights. Replace existing synchronizer and utilize SEL-700GT for synch ronization. Replace analog gauges for Generator Volts, Bus Volts, Amps, Sync Scope, Generator Frequency, Bus Frequency, Power and Power Factor, Exciter volts and Exciter Amps. Replace all protection devices with new SEL-700GT, incorporating the existing SEL-300G as part of the protection scheme, with consultation and from SEL Engineering. Fuel Control System (TCSD) includes the supply of a complete spare TCSD system, and on site health check with TCSD Designer assistance for Units' 1 and 2 existing TCSD components. An option is also quoted for an additional set of spare TCSD cards for S24,150. Replace analog gages for MGT, N1 and N2 temperatures. Existing temperature monitoring system to be replaces by PLC inputs and HMI screen depicting individual temperatures and average temperature. Unit Sequencing Control utilizing Allen-Bradley CompactLogix PLC and lnput / Output modules (including 7O%o spare capacity on supplied modules) to replace existing GE Series 6 PLC for Turbine, Gearbox and Generator and Gas Systems for Leaks and Monitoring. Wired Remote Station for the Control Room for each unit with Start, Stop and E-Stop buttons and indicating lights for ready to start and running. New Control Cabinet, designed for left side containing generator control, protection relay, voltage control and right side containing PLC and HMl. Skid mounted HMI for each unit, industrial touch screen NEMA4X panel mount PC complete with Wonderware lntouch visualization software and communication drivers for Allen-Bradley PLC communications and MODBUS TCP for Basler DECS, SEL Relays and other MODBUS enabled devices if desired for future integration. Northwest Electrical Services LLC Page 3 s/27 /7s Proposal Number: P05242015CV Northwest Electrical Services LLC . Two (2) Control Room HMI's, Desktop PC's complete with Wonderware lntouch visualization software and communication drivers for Allen- Bradley PLC communications and MODBUS TCP for Basler DECS, SEL Relays and other MODBUS enabled devices if desired for future integration. Each HMI can control either unit 1or unit 2 for redundancy.. Hewlett Packard Server with Microsoft Server 2008 and Microsoft SQL Server based Historian logging events, alarms and data values with enough storage capacity for 3 yearc of 24X7 data. Complete with trending and reporting capability. Historian to be remotely accessed by Northwest Electrical Services for proactive monitoring, troubleshooting and overall system health maintenance.. lnstallation and Commissioning Services including a l week site visit upon award of contract, full Control Panel assembly and factory test including a spare TCSD, freight, installation, commissioning including SEL support.. Full documentation including as built drawings, test records, settings and configuration, commissioning data and OEM manuals.. 2 weeks hands on training during installation / commissioning phase and further 1 week classroom training.. 3 year technical support for hardware / software with annual on site re- certification services.. Spares parts list and spare parts are provided.. Project time frame will include design / engineering, assembly, factory testin8 and frei8ht prior to notice to proceed date of January 4, 2016.. Northwest Electrical Services LLC will comfortably complete the upgrade for both units within the 80 working days time period. Page 4 s/27 /ls \-, \-- Unlt I N.w Conrol P.n.l i t libs Io s€rlal Comm5 a \ ,lb€r lo ----r\Scrial Cmms Proposal Number: P0524201sCV Section 1.02 Block Diagram Section 1.03 Voltage, Protection and Synchronization Excitation control is performed with Basler DECS250. When grid connected the excitation control will operate in either Pf or Var control. Online over and under excitation limiters will be enabled and tested as required. Open / shorted diode protection will be enabled. Protection trips and limiters active will be annunciated on the HMI's. Modbus communications to control system is also provided. Generator protection is provided by a new SEL-700GT combined with an existing SEL 300G. The new SEL Relays will communicate over multi-mode fiber to available serial ports on the existing RTAC. Alarms and trips will also annunciate on the control system HMI's both local and control room. Frequency matching will be performed by the SEL-700GT or manually via local panel control switch. ln Auto synch mode the generator frequency will be adjusted by the 700GT to provide positive slip frequency and issue the Generator Circuit Breaker close command. ln manual mode the frequency adjustment and the breaker close is issued manually. Voltage matching is performed automatically by the DECS250. Backup Synch Check is provided. Northwest Electrical Services LLC Unii 2 t{2$, Control Panel \- Page 5 sl27 /7s * Proposal Number: P05242015CV Section 1.04 Fuel Control Northwest Electrical Services LLC Essentially, OPTION C has been chosen as the best option for the fuel control, with the least amount of potential issues during the tight window for construction. Choosing another option will introduce variables which simply do not exist with the existing TCSD System already proven with years of service. The low running hours of the unit also warrants keeping the existing TCSD in service. Fuel Control will be accomplished with the existing TCSD system installed. A refurbished TCSD will be supplied as a spare unit, and will be demonstrated along with the new Control Panels during Factory Acceptance testing. Once the construction phase begins, the existing TCSD system installed on the first unit to be upgraded will be removed and replaced with the spare unit supplied and tested above. The original unit will then be given a health check with the TCSD Designer's assistance and readied for the second unit to be upgraded. Once the Second unit is made available for construction, its original TCSD will be replaced with the TCSD system removed from the first unit. The second unit's original TCSD will then be given a health check and be made available as a complete spare for either unit. Section 1.05 Control System Architecture (a) PtC / Unit Sequencing Control The existing GE Series 6 PLC and all associated l/O modules and communication cards will be replaced by an Allen-Bradley Compactlogix PLC and required lnput/Ouput Modules. Upon contract award, Northwest Electrical Services shall retrieve the logic from the existing unit for reference. All sequencing functions shall be programmed as well as water injection for interface with the fuel control, motor control centers, voltage and load control The PLC will communicate using Ethernet/lP for all HMI operations and h istorical data logging functions. Schematics, Logic diagrams, and Program Reports shall be delivered for all PLC logic and wiring. Page 6 s/27 l1.s Proposal Number: P05242015CV Northwest Electrical Services LLC (b) HMI (Local and Control Room) The proposal includes a panel mount industrial NEMA 4X touch screen HMI to be mounted on the skid. This HMI will be based Schneider Electric Wonderware visualization software complete with communication drivers for Allen-Bradley PLC, Modbus TCP and OPC. The local HMI's will also be equipped with VM Workstation to allow configuration of the TCSD if required without the need for a second stand alone PC for this purpose. The HMI's in the control room shall be wide touch screen HP capable of displaying both units'data simultaneously. Two HMI's are provided for redundancy. All HMI's will have the same capability for:. Graphics and Operator Controls. Alarm Displays. Historical Alarms and Events. Trending Tools for process data, both analog and discrete. Northwest Electrical Services is a registered System integrator for Wonderware products and has over 30 years of experience working with Wonderware in multiple countries and hundred's of installations. Our installations have ranged from single HMI's to a full enterprise scale applications providing data and control from the plant floor to the boardroom. Northwest electrical Services also hosts control systems for clients through the use of secured tunnel communications for ease of maintenance, and remote access to control data and functions via any mobile device or browser. (c) Historian The Historian shall be a HP Server with storage capacity for three years of data. Northwest Electrical Services shall deploy the Schneider Electric Wonderware plant Historian, which is a Microsoft Server 2008 / SQL Server 2012 based system complete with communication driver for Allen- Bradley PLC, Modbus TCP and OPC devices. The Historian is a robust industrial grade package capable of storing process data values in milliseconds. Additionally a trend client shall be provided to allow complex analysis and reporting based on historical and real time process values. This is critical in proactively monitoring machine conditions to avoid failed starts or Page 7 s/27 /ts Proposal Number: P05242015CV Northwest Electrical Services LLC other issues that may hinder production. The historian will be capable of remote access by Northwest Electrical Services for ongoing monitoring and maintenance. (d) System Network Northwest Electrical Services shall supply and install the networking equipment and cables required for robust industrial fault tolerant communications. Our design, which we have deployed multiple times for 1EC61850 / GOOSE communications, and HMI / PLC makes use of CISCO 1E3000 industrial network switches, connected in a ring with redundant trunk lines. The switches shall either use Rapid Spanning tree, or Resilient Ethernet Protocol for trunk failure recovery. All configuration and programming of the switches shall be provided by Northwest Electrical Services. Should there be a need for external connection to the ring network, Northwest Electrical Services will work with the client Network Analyst to configure the network topolo8y to accommodate. (el Future Options for expandability Northwest Electrical Services is a registered System integrator for Wonderware products and has over 30 years of experience working with Wonderware in multiple countries and hundred's of installations. Our installations have ranged from single HMI's to a full enterprise scale applications providing data and control from the plant floor to the boardroom. Northwest Electrical Services also hosts control systems for clients through the use of secured tunnel communications for ease of maintenance, and remote access to control data and functions via any mobile device or browser. Our hosting services include all maintenance, upgrades, high availability and intrusion protection. The basic elements provided in this proposal allow for further expansion and integration for example:. lntegration with Building Automation Systems, SCADA Systems in real time through a variety of communication methods, including SNMP for typical lT or UPS devices.. Ability to integrate with lntelligent Electronic Devices such as feeder protection relays, load monitoring, using IEC 61850, DNP, Modbus and others.. Ability to create custom reports delivered via web portal or email on demand or event triggered.. Ability to email critical alerts and alarms to staff. Page 8 s/27 /rs Proposal Number: P05242015CV Northwest Electrical Services LLC . Provide a platform based solely on HTML 5 allowing for remote access via any device, smartphone, tablet or any browser for either control or read only. Section 1.05 Factory Acceptance Test Northwest Electrical Services shall design and build the control panels complete with a factory test in West Chester Pennsylvania. The factory test shall include:. lnput / Output Wiring Check. Test Procedure. HMI interface. Historian Function Testing. Test of spare TCSD in conjunction with PLC and HMl.. Test of Schweitzer 700GT relays.. Test documents shall be provided as part of the project documentation package. Section 1.07 lnstallation and Commissioning Upon completion of factory acceptance testing, Northwest Electrical Services shall ship the components to the site. Prior to Notice to Proceed, Northwest Electrical Services shall obtain a contractor's license for California via Reciprocity and exam. Northwest Electrical Services already holds contractor's licenses in multiple states. Northwest Electrical Services shall mobilize to site with required tools and if necessary a site trailer if the client site does not have spare space for contractor offices. Once on site the estimated time for construction is approximately 4 weeks. For the first unit we are allowing for 2 weeks commissioning. For the second unit construction will take approximately three weeks, with 1-2 weeks for commissioning. The shorter time frame takes into account common items that will already be commissioned with the first unit. Section 1.08 Field Service and Training During the construction phase, 2 weeks of hands on training is provided along with an additional week of classroom training at a time decided by the client. Field services and any additional training is available at added cost. Page 9 sl27l7s Proposal Number: P05242015CV Northwest Electrical Services LLC Section 1.09 Maintenance and Technical Support Northwest Electrical Services will provide annual recertification for three years of the equipment supplied under the proposal. This will include hardware and software maintenance and testing / upgrades. Northwest Electrical Services will be on site for 3 days to perform any upgrade work, health checks and SEL 700G relay testing. Northwest Electrical Services will also monitor plant conditions continuously for the same period through remote connection to the Historian. 24 X 7 telephone and email response shall be provided and is included in the offering. Section 1.10 Spare Parts Northwest Electrical Services will provide a set of spare parts outlined below. As an option, a full set of additional TCSD cards, resulting in two (2) complete TCSD spare sets can be provided for $24,150. Allen-Bradley CompactLogix System Allen-Bradley CompactLogix System Allen-Bradley CompactLogix System Allen-Bradley CompactLogix System Allen-Bradley CompactLogix System Allen-Bradley CompactLogix System Allen-Bradley CompactLogix System Allen-Bradley CompactLogix System Allen-Bradley CompactLogix System Allen-Bradley CompactLogix System Basler DECS Ethernet Switch TCSD 1 7 1 1 1 1 1 1 1 1 1 1 7 Processor Power Supply tlotFt6 r/o rQ32 r/o rR6 tlotr6 r/o 0A16 tlo oF4 tlo ov32T r/o ow16 DECS25O-LN 15N 1N Cisco 1E3000-8TC Cards For (1) Unit Page 10 sl27 /7s Spare Parts (Included in pdce) Material clw MFGR P/N Proposal Number: P05242015CV Northwest Electrical Services LLC Section 1.11 Exceptions and Clarifications t.Northwest Electrical Services LLC is providing this proposal in conjunction with Hewlett Packard (HP), under the terms and conditions of a Western States Alliance ContractinB (WSCA) terms, The WSCA / NASPO Contract Number is included on the HP WSCA form included in section 1.12. HP has utilized WSCA, for a few reasons: a. The letter ofthe specifications would require HP to have a contractor's license, and HP will not obtain a contractor's license. b. HP does not supply bonds, given their financial status and countless government contracts. For this purpose wscA has been utilized. Northwest Electrical Services LLC is offering an additional spare TCSD as an option, not included in the base bid price, which will result in two on site spare TCSD systems. Northwest Electrical Services price includes the expected involvement of an SEL engineer for the 700G relays only. Existing relays, are not included in the SEL estimate embedded in the price. ln accordance with the Clarifications and Responses issued during the tendering process, cap on liquidated damages shall be discussed during contract negotiation. [. ilt. tv. Page 11 sl27 lr.s Proposal Number: P05242015CV Northwest Electrical Services LLC Section 1.12 Hewlett - Packard (HPl WSCA quote Page 12 5/27 /7s ( Kris Haner / 3rd Party Solutions Hewlett Packard Companies 10810 Famum Drive City Of Vemon Allison Turbine Control System Upgrade WSCA./ NASPO Contact B.2716/. Packard Companieg PO FAX # 800-E25-2329 Northwest Eli I Servies Proposal# PO4072O15CV 2 cv04072015-1 Enqineered faqiory control panels for un $177,709.13 $106,469.80 $35s,418.26 )v04072015-2 Jnit'l lnstallation and Commissioninq 106,469 80 106,469 80cv04072015-3 Unit 2 lnstallation and Commissionino )vuo720154 :lient Traininq $40,590.58 1 cv04072015-Y13 Annual Maintenance $34,214.96 $34,214 96 1 cv04072015-sP Spare Parts (1 LOT)$'19.166.76 $19,166 76 1 cv04072015.sPo Optional Spare TCSD'(Not included in total)$26,759.00 Total $662,330.r6 Tax lnformation All orders subject to sales tax. lf you are requesting exemption, please provide a copy of your Sales & Use Tax Exemption certification. Special lnstructions, Terms and Conditions, Comments Thrs quotation is governed by Hewlett-Packard's Terms and Conditions of Sale and Service (Exhibit E16). All sales are contingent upon credit review After products are shrpped, orders can not be canceled and no returns c€n be accepted. Page 1 CUSTOMER INFORMATIONT REMIT PAYMENT TO:RESELLER OF RECORD: Reseller: Location lD#: otv.MFG Part Numbor Producuservic€3 Doacrlptlon Unit Cost Extondod Cost I Proposal Number: P05242015CV Northwest Electrical Services LLC Section 2. Bid Proposa! Required Attachments Section 2.01 Bid Proposal Forms BP-1, BP-2, BP-3 Section 2.02 ldentity Confirmation form BP-(a) Section 2.03 Subcontractor Listingform BP-(bl Section 2.04 Affidavit of Non-Collusion form BP-(c) Section 2.05 living wage Compliance Certification form BP-(dl Section 2.06 Certificate of Equal Opportunity Practices Forms AA-1,2,3 BIDDER'S PROPOSAL FOR ALLISON TURBINE CONTROL SYSTEM UPGRADE in the City of Vernon, California Bid Opening: 2:00 p.m., May 28, 2015, City Clerk's Office, 4305 Santa Fe Avenue, Vernon To the Honorable City Council of the City of Vemon, California In response to the Notice Inviting Bids for ALLISON TURBINE CONTROL SYSTEM UPGMDE, the undersigned bidder proposes to the City of Vernon all labor, materials, methods and processes, tools implements and machinery which are necessary and required for the performance of the wo* mentioned in said Notice Inviting Bids in accordance with the Specifications therein referred to at the prices listed on pages BP-2 through BP-3 inclusive. Each bidder re! bid on the items shown in the Bidder's Proposal. If any bidder makes any alteration, interlineation or deviation in any of the pranted matter of the proposal or if the signature of the bidder is incomplete, the bid will be considered informal and may be rejected. The price bid shall include any and all charges required under the California Rebil Sales Act of 1933 as amended and the California Use Tax Act of 1935. In case of a discrepancy between the unit prices and items totals, the unit prices shall prevail, and in the case of a discrepancy between item totals and the grand total, the item totals shall prevail, The grand total will be subject to adjustrnent by the City in the event of a discrepancy. The contract award shall be made on the basis of the grand total as described about from among responsive and responsible bidders. , Based on the bids received and the Cityt budget at the time of contract award, the City reserves the right tov debte items or to change quantities of bid items. BP.1 BIDDERS PROPOSAL FOR ALLISON TURBINE CONTROL SYSTEM UPGRADE BID ITEM # DESCRIPTION QUANTITY NEEDED BY CITY Cost t Mobilization and Demobilization 1 Included Item ll 2 Design & Engineering A. Review existing protection and control drawings. B. Design a new protection, control, metering and automation control system. C. New drawings of controls and interconnection to existing facilities. 1 $71,535.04 3 Protection & Relays SCADA Ready lncludes all engineering and design (Refer to Part ll Special Provisions - Specific to this Project) A. All protective devices to be replaced with SE[-700GT auto sync relay. B. lncorporate existing SEL-300G as part ofthe new protection scheme. C. Engage services of Schweitzer Engineering Services to provide all programing and testing for the SEL-70OGT relay including relay setting calculations and testing all relay elements used as part of the relay scheme. E. Communication interface to be SCADA ready L $16,54I.45 4 Voltage Control lncludes all engineering and design (Refer to Part ll Special Provisions - Specific to this Project) A. Existing controls replaced with Basler Digital Excitation Control System which includes, but is not limited to the voltage regulator, power factor controller and diode protection unit. B. Replace the existing synchronizer and utilize the auto synchronizer on the SEL-700GT Relay. C. Remove all analog gauges and meters on panel and replace with new gauges and meters on the new control cabinet. 1 $29,067.46 5 Fue! Control lncludes all engineering and design (Refer to Part ll Special Provisions - Specific to this Project) New engine analog gauges shall be installed including the following; N1 Gas Generator, N2 Power Turbine and Measured Gas Temperature (MGT). The fuel control shall be bid out for the options below: A. Remove and send the existing Precision Engine Controls Corporation (PECC) PECC-TCSD to the manufacturer for a health check and new cards purchased. B. Remove and send the existing PECC-TCSD to the manufacturer for a health check and card upgrades. C. Remove the existing PECC-TSD to the manufacturer for a health check, card upgrades and a full set of spares. 1 $45,145.59 D. Remove the existing PECC-TCSD and install a new PECC-TCSD or City approved equivalent. 6 Unit Sequencing Control lncludes all engineering and design (Refer to Part ll Special Provisions - Specific to this Project) A. Retrieving all data, ladder logic codes and information from the existing GE PLC for the successful installation of the new PLC. B. Remove the existing PLC and replace with an Allen Bradley PLC for unit sequencing and monitoring of the skid, drive train and safety protection including but not limited to the following: o Turbine auxiliaries . Gearbox and associated auxiliaries . Generator and associated auxiliaries o Gas systems for leaks and monitoring C. Two new HMI's shall be installed to communicate with all devices. D. Replace existing temperature monitoring system of the MGTs. t $55,369.21 7 Control Cabinets lncludes all engineering and design (Refer to Part ll Special Provisions - Specific to this Project) A. Remove old cabinet and controls and replace with new cabinet and controls per this agreement. 1 $96,195.90 8 Remote Station lncludes all engineering and design (Refer to Part ll Special Provisions - Specific to this Project) A. lnstall remote control station in the control room per this agreement. I $t5,527.04 9 Misc. Equipment and Spare Parts A. Contractor shall supply all other equipment required for a turnkey project. B. Spare parts shall be listed and provided. C. Special tools shall be listed and provide. 1 $I9,166.76 10 Special Software and Applications Requirements A. Provide licensed and most updated applications. B. Hardware, software, driver, and applications licenses and manuals. C. Historical storage and retrieval/retrieval/trending of process values, events and alarms, with online data storage for up to three (3) years. D. Ensure ability to connect remotely for future integration and support. L $26,036.56 11 lnstallation and Commissioning Services A. Following the receipt of Notice to Proceed, coordinate a kick-off meeting with the City Project Management team to review conceptual 1 $2t2,939.6r design and project work plan. B. Provide for Factory Acceptance Testing and reports. C. Furnish, deliver and install the configured and factory test accepted designed. D. Field test, commission and deliver including SEL Support during commissioning. E. Prior to project close out, provide all final documentation including but not limited to as-built drawings, user manuals, and system configurations. t2 Field Service and Training A. The Contractor shall provide field service to complete wiring. lnspection, testing and energization as long as needed. The Contractor shall engage services of Schweitzer Engineering Laboratories (SEL) Engineering Services to provide commissioning support for the SEL- 700GT relay. The Contractor shall provide two (2) weeks of hands- on training to City field and operation crews, as well as engineers, during the installation phase and at a later date shall provide at least one (1) week of classroom and other hands-on training to City field, operations and engineering personnel as a part of this contract. L $40,590.58 13 Maintenance and Technical Support Services A. Provide a three (3) year technical and software/hardware support within 24 hours respond and annual recertification services 7 $34,214.96 TOTAL Sesz,g30.t6 BP-2 Undersigned Bidder agrees to commence work within 80 calendar days from the date of issuance of a Notice to Proceed and proposes and agrees to have all work completed 270 calendar days from the time the contract begins. Undersigned Bidder acknowledges receipt of the following addenda issued for the above project. If no addenda have been received, write "none". FAILURE TO ACKNOWLEDGE RECEIPT OF ANY ADDENDA ISSUED WILL RENDER THE CONTACTORS BID NON.RESPONSIVE. List of addenda Received: Addendum 1, Addendum 2 PLEASE SEE PART I SEfiON 2.01.3 REOUIRED FORMS. Bidder shall execute the following (Appendix "A"): Paoe 1. Identity Confi rmation 2. Su bcontractor Usting 3. Affidavit of Non-Collusion 4. Living Wage Compliance Certification 5. Certificate of Equal Opportunity Practices BP-(a) BP-(b) BP-(c) BP-(d) FORMS AA-1,2,3 City of Vernon. Bidder's Proposal Respectfully Submitted, (If a Bidder is a corporation, itt seal must be impressed hereon) California State Contracto/s License No. California Corporation No. OBTAINED PRIOR Addendum 1 Not Applicable TO NOTICE TO PROCEED DATE AS PER BP-3 IDENTITY CONFIRMATION \- Contractor's Name Office Address APPENDIX.'^" Northwest Electrical Services LLC 827 Lincoln Ave Unit B-11 West Chester PA. 19380 If an individual, so state If a partnership, corporation or firm, so state, giving the names and addresses of individuals constituting the organization. Mark C. wray L7420 Goldenview Dr. Anchorage AK 99515 John S Blizman 6 Riders Run Newto$rn Square PA 19073 If a corporation. give the following information: Name of President Name of Secretary Organized under the laws of the State of Name and address of local representative Telephone: Fax: (Here attach a certificate in form to confirm 1) the identity of the bidder or officer who signs above, 2) the fact that he is the officer named, and 3) his authority to bind the bidder). BP{a) APPENDIX "A" SUBCONTRACTOR LISTING SUBCONTMCTOR USTING Contractor Name(s) Address License No. Description of Work Northwest Electrical 827 Lincoln Ave. Unit B- l I Services LLC West Chester pA. 193g0 See Addendum 1 Design,lnstall, Commission, Maintain PO Box I I08 DC Consulting funfSEl4JgIiI_ Not Required Turbine Fuel Control / Commissioning US Power Group 433 Plaza Real Suite 275 Not Required IT Consulting BP-(b) APPENDIX..A" \- AFFIDAVIT OF NON.COLLUSION BY CONTRACTOR STATE OF CALIT'ORNIA COT]NTY OF LOS ANGELES John S. Blizrnan being first duly swom deposes and says that he/she is Partner (Insert 'Sole Owner", "Partner", "President, "Secretary", or other proper title) of Northwest Electrical Services LLC (Insert name ofbidder) who submits herewith to the City of Vernon a proposal; That all statements of fact in such proposal are true; That such proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; That such proposal is genuine and not collusive or sham; That said bidder has not directly or indirectly by agreemen! communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vemon, or of any other bidder or anyone else interested in the proposed contract; and fuither That prior to the public opening and reading ofproposals, said bidder: a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham proposal; b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham proposal, or that anyone should refrain from bidding or withdraw his proposal; c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element ofhis proposal price, or ofthat ofanyone else; d. Did not, directly or indirectly, submit his proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except the City of Vemon, or to any person or persons who have a partnership or other financial interest with said bidder in his business. he above information is correct. artner \- Date:_April T ,2015 BP-(c) \- APPENDIX 'r\" LIVING WAGE COMPLIANCE CERTIFICATION This contract is subject to the City of Vernon's Living Wage Ordinance, Vernon Municipal Code Chapter2 Article XVIII. The Ordinance requires that contractors providing labor or services to the City under contracts in excess of $25,000: a Pay no less than ten dollars and thirty cents ($10.30) per hour with medical benefits, or eleven dollars and fifty-five cents ($l1.55) per hour without medical benefits to all employees who spend any of their time providing labor or delivering services to the City of Vernon. Additionally, in July lst of each year thereafter the Living Wage rate shall be adjusted by the change in the Federal Bureau of Labor Statistics Consumer Price Index, for the Los Angeles area, for the most recently available 12 month period. Accordingly, curent City contractors will be required to adjust wage rates no later than July lst, to remain in compliance. r Noti$ employees who spend any of their time providing labor or delivering services to the City of Vernon who make less than twelve dollars ($12) per hour of their possible right to the federal Earned Income Tax Credit (EITC) under g 32 of the Internal Revenue Code of 1954,26 U.S.C. g 32, and making available to such employees forms required to secure advance EITC payments. The selected contractor will be required to evidence compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract; job classification; rate ofpay and benefit rate. Provisions of the Living Wage Ordinance may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in clear and unambiguous terms. If this provision applies, you must provide a copy of the collective bargaining agreement to the City. I do hereby certi|/ and declare under penalty of pedury that if awarded the contract for which this bid/proposal is made Northwest Electrical Services LLC will COmply with the requirements of the Vernon Living Wage Ordinance, Vernon Municipal Code Chapter 2 Article XVIII and the rules and regulations promulgated thereunder. I understand that failure to comply with the provisions of the Vernon Living Wage Ordinance may result in termination of the contract as well as other penalties as stated in Vernon Municipal Code Chapter 2 Article XVIII. fohn S Blizman Managing Member (Name)(Title) Please return this form with your bid/proposal. Questions concerning the Living Wage Ordinance should be directed to the Department of Finance - Purchasing Division 323.583.8811. \-. BP-(d) APPENDIX.'A" CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES Purchasing & Payables Division 4305 Santa Fe AvenueVernon, CA 90058 (323) 583-881 I Fax (323) 826-t433 Internet: Article I. Affidavit of Equal Opportunity Employment & Non-segregation (Form AA- I ) Article II. Vendor List Questionnaire (Forms AA-2 & 3) In order to be placed to the City's vendor list and be eligible to receive City business, you must provide the following information except where indicated as "optional". By submitting this form you are declaring under penalty of perjury under the laws of the State of California and the laws of the United States that the information is true and correct. Furthermore, you are certifuing that your firm will adhere to equal opportunity employment practices to assure that applicants and employees are not discriminated against because of their race, religion, color, national origin, ancestr5i, disability, sex or age. And, your firm does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it Name of Company Northwest Electrical Services LLC Business Telephone 877-336-3539 Address 827 Lincoln Ave Unit B-l I City West Chester State PA Zip 19380 Faxnumber 484-551-3370 (optional) Contact Person John Blizrnan E-mail Address jblizman@nwelec.com (optional) Tax ID Number (or Social Security Number) 80-0454148 Remit Address (if different) Please state clearly and concisely the type(s) of goods and services your company provides: The following section is OPTIONAL and is for statistical reporting purposes only. Ownership (please check all that apply): African-American_ Asian_ Armenian Disabled Hispanic_ Native American Female \-AA-1FORM ((( APPENDIX *^' Proiect Workforce Utilization fi'orm AA-2) This form is to be included in all bid documents for projects involving labor or sewices valued at $25,000 or more. in each iob classification as well as the number of new hires. if anv. as a result of this contract. Name oicompany: Northwest Electrical Services LLC " project: Allison Turbine Controls Upgrade Job Titles/Classification Estimated number of existing staff to be employed in this classification if awarded the contract Estimated number of new hires to be employed in this classification if awarded the contract .bngineer 2 Technician 2 Electrician 2 Are any current employees or potential new hires Vernon residents? lf so, how many? No AA-2 FORM ((( APPENDIX ''A" Current Permanent Workforce Utilization (Form AA-3) OPTIONAL Name of Company: Northwest Electrical Services LLC Project: Allison Turbine Controls Upgrade Completion ofthis form is OPIIONAL. Any infonnation supplied by vendors is for .eporting purposes only and will not be factored into the awaid ofany contract. INtructiors: Please indicate the number ofemployees in each Job Classification belonging to the following groups. White (not of Hispanic orisin) African-American (not of Hispanic orisin) Hispanic Asian/Pacific Islander Native American Armenian Male Female CLASSIFICATION Officials/ Managers 2 2 Professionals 2 I I 3 1 Technicians 2 2 Office/Clerical I t 2 Skilled Craft Workers Operators (semi-skilled) Laborers Service Workers TOTAL 7 I I 1 7 3 AA-3 FORM Proposal Number: P05242015CV Northwest Electrical Services LLC Section 3. Northwest Electrical Services LLC Company lnformation Section 3.01 Capabilities Brochure Section 3.02 Project Briefs Sestion 3.03 Organizational Chart and Key Staff CV's Section 3.04 Northwest Electrical Services Code of Conduct Section 3.05 Northwest Electrical Services Environmental Policy T NORT HWEST E LECTRICAL SERVICES LLC \- _I =G- 'TE - r I TEVAMP rEPU RPOS E TEVITA LIZE consulting + design + insta llation + commrssrontng + repair and maintenance + i=r,r L l' : i I I - I I \/ Providing high quality, integrated and cost effective solutions and services for industry focused on understanding and supporting the needs of our customers with integrity and Ioyalty II -J [.gt's facg it Pictures of eryansitE new facilities, high tech control pnels, 501)mw steatn turbines under assembly, solar arrays sprawling over the deserts and wind farms gracing the mounlains all malte great odvertisemenrs in phoo .Bul that's not what we do rEVAM P TEPURPOSE TEVITALIZE I a** ia* | r INNOVATIVE DRIVE While we love the green field projecls as mrrch as anyone, we also are &iven by the cmtinual aad expandiog roles of revamp repurpose and revitalizing existing assets and systems. The tean at No(trwest Electrical Services has over lO0years of erperieoce in srpplying electrical. automation and data integration services to clierils globally by providing innovative sohlions thar satis! operaional resriaions, minimize downtime and decreee capital cost. I CLIENT oRIENTEO EXPERTISE Our broad spectrum of experience includes design, constructiotL corunissioning and start-up of projects where client needs and constsaims are alwa5n forefront in any solttrion. Otrr team experierrce of over 1(X) years actively working in oper-ations and maintenance roles provides us the unique perspeaive and capabilities to interact with all levels or components of an operation and provi& right sazed cost effective solutions. prolects Range of servies including feasibility studies, solution allematives, life cycle assessments on the front end; sPecitlcatbn devebpment, detail design, and procurement during lhe engineering phase; project management, installatbn, 6mmissioning and final documenlation automation systems ,ield servrces constuctlon support operations and maintenance support Solr.(ions including PLC, SCADA, lnstrumentatbn and melering soluibns, and dala integration with exiding syslems or corporale lT systems Teding, mmmbsioning, calibration, data colledion, documentation revtelr\B Electrical conslruction, inslrurnenlalion installation, mechanical and Sructural {eel ereclion sup€rvision Technical and procedure writing, trainang, documenlatbn mainlenance, prevenlive and coreclive mainienance support, spar€ parls procuremenl + FOUNDATION AND VALUES Tlrc mmpany's missioa is to cmtinue providing high quality, idegrated and cost effective solutions and senices for indrsty focused on understanding and stpportingthe needs ofour customers, employees and suppliers with integrity and loyalty. It is our vision to be viewed by our customers as synonymous with: Excellent customer service Technical expertise Safety Quality Value + + + + + v II n = \- \-. INTEGRATED MULTI.,DISCIPLINE PROJECTS Working with alliance piltaers or subcontec'tors Northwest Elec'trical Services has execrned projects involving all disciplines srrccessfully. + ConceF to conpletion Mechanical, Electrical and Contol System installarion of jacket and cooling water radiator system for tlnee Sulzer Zrl0S 8 MW Diesel Generalors + Mechanical, Eleccical and Control installalion of Seawater, Brackish urd Electonic Deionizaion systerns for an island power station + Life extension study followed by the Engineering hocurement and Construction coordinaliqr of sleam to HTHW industrial process heating systenr + Life extension study leading to the Mechanical and Electrical desigr and installaion of multiple cooling water pump skids ELECTRICAL + Electrical Design and Installation of MV 13 8KV generator station distribution board { Tumkey installation of new dead bus capable synchronization scheme and protection for 58 MW diesel power station + Elec'trical design and installalion for the conversion of diesel gefleralor radiaor cooling systems from direct drive to VFD for asset life extension + Smarl power metering and protection syst€ms AUTOMATION + System design and intrgration including: PIC, SCADA- HMI, Enterprise Systern integration { Smarl rnetering programming and integration + Wireless instrunrentdion s)Gtems + HMI design and configuration + Distributed Control Systems FIELD SERVICES + Installation and commissioning of LV, MV switchgear + Start-up and commissioning of Generator units and hotection Systems + Automated Testing ofProtective Relays + Arc flash Field Suwey and Studies + Plant Surveys and Documentdion rpdates I Instrumentation and Control System Through a unique perspective of an operations and maintenance focus, right sizing solutions and state-of-the-art technology, we execute and deliver with desired results DATA INTEGRATION + Real time data acquisition and storage systems { Integration belween disparate data sources databases + Safe and secure opetational data integrarion ard visualization to operational and corporate systems + Event prograrmning, alert programming worlf,low control programming + Automded report generdion FIRE ANO GAS + Combustible and toxic gas detectors and systems + Flame deteclors and svstems + Addressable slstems, devices and &tectors + PLC based gas detectorsystems + ESD system integralion + Suppression system design and hardware and I IIII I NORTHWEST E LECTRICAL SERVICES LLC E --rIII --t-I- - - Ir, llI I I I II II F ri'\ TI $,'t J'ni NORTHWEST ELECTRICAL SERVICES LLC 827 Lincoln Ave Unit 811 877 336 3539 p website http //nwelec mm Wst Chester, PA 19380 zl84 551 3370f emarl admrn@nwelec com I I I trF,--{t,\,' i I 1 d I r Norltwest Electrical Services LLC is a privately owned company providing a broad spectum ofqualitv. cost effective Electrioal, Automation and Data Itttegration solutions to ths cnerg-v and process indusfies. Our principals have combined experience ofover 100 years in the energy and prooess industries that encompass design, commissioning, and operalions spanning regions from Nordr A-rnerica to Asiq Caribbean and lraq. Northwest Electrical Services LLC Project Reference \-' Compteted Ql 2015 13.8 lry Stationary Diesel Plant Auxiliaries Switchboard and Campus Distribution Original 13.8 ](\/ installation at our client's power generating station, incorporated a single 13.8KV switchboard fed from a single 34.51ry system. This system was originally designed for 4 generating units, in the 1980s, and our client has since expanded plant capacity relying on the original design. The client required increased reliability and maintainability of its generating plant 13.81(/ power distribution by adding equipment and supply source redundancy. Northwest Electrical Services performed an engineering design study and subsequent detail design - build for the supply of a redundant 13.810 distribution board and campus ring type distribution. The design incorporates the following features:o Both the original and new 13.8 1(/ switchboards can be fed from either of two separate sources.o The design includes a ring installation of "A" and "B" supplies to each critica! load, selectable by operations. This feature not only allows for security of supply, but also allows for isolation of switchboards busses for maintenance and testing.. Customized modular switchgear enclosure, complete with Air Conditioning and fire protection / suppression manufactured by Northwest Electrical Services.. Updated microprocessor based protection relay systems with coordination and communications using fiber optics IEC 61850 standards and PLC's communicating via IEC 61850 protocol.o Operator HM! Interface for Control and Status as well as integration to existing plant SCADA systems.o Construction civil and electrica!.. Commissioning and certified testing.. Complete documentation package and test records. \- Northwest Electrical Services LLG Project Reference March, 2015 15 kV Protective Relay Replacement Northwest Electrical Services LLC has been awarded a turn-key project to acquire, install and test protective relays at a secure government facility in order for the facility to meet current utility standards. The project requires an upgrade and replacement of existing relays with SEL microprocessor relays in the utility Mains 1 &2, Bus Tie and generator Mains MG-1 and MG-1 at the Central Plant. The project includes engineering services to design and install new microprocessor relays with on-site commissioning and testing services. The relays provided for the applications are as follows: SEL-751 Relay -751401AOXCA 70850230 SEL-3530 Quantity for Scope - 3; Quantity for added Scope - 5 Real Time Automation Controller - 35304DA0X1213X0XXXXXX SEL-2726U Quantity - 1 Ethernet Switch (8-port) - 2726U0805XXXC SEL-2401 Quantity - 1 Satellite-Synchronized Clock - 24010XXX0 Quantity - 1 SEL TEAM Software - 5045Q0025Q0000Q0000Q0000 Quantity - 1 Figure 1 - Panels undergoing test at Northwest Northwest Electrical Services LLC Project Reference Scope:. Acquire accurate panel door measu rements, trace I analyze existing drawings.. Design eight new relay panel doors with new SEL relays, indicating Iights, control switches and analog meters.. Provide eight black pane! doors with pre-cut holes for mounting on doors with simulation switches and re-use existing wiring.. Program all relays with overcurrent, undervoltage, overvoltage, d irectional overcurrent, and reverse power elements.. Program RTAC for SCADA data collection and local Human Machine lnterface (HMl) accessible from existing network.o Create panel layout drawings, AC/DC schematics, and wiring diagrams for new equipment.. Factory test all relays, wiring, HMl, and SCADA communications at SEL factory prior to shipment to customer site. (Customer may witness testing if desired). Provide SEL personnel for installation of Ml relays over the weekend on one trip including configuration of automation equipment.. Provide SEL personnel for installation of M2 and Tie over the weekend on a separate trip.. Provide SEL personnel on site for one day of specific user training on the new relay, monitoring, and control system.o Work closely assigned coordination study preparer for relay settings of SEL-751 m icrop rocessor relays.. All work shall be com rleted per NETA, NEC and lo al authorities having jurisdiction. Northwest Electrica! Services LLC has currently completed engineering, and factory testing. lt is scheduled for the installation and commissioning to be completed during May 2015. \- \-, Northwest Electrica! Services LLC Project Reference Generator Control and Protection Commissioning Agents for Siemens Energy Northwest Electrical Services provides commissioning and start-up services to Siemens Energy for various Turbine Generator projects. To date Northwest Electrical Services has worked with Siemens Energy on numerous projects in Houston, Virginia, Mississippi, Brooklyn NY, Kansas, Angola, Australia, and Venezuela. End users include lndustrial, Oil and Gas, Mining, Cogeneration and U.S.A. Federal Government. Northwest Electrical Services continues to be a primary resource for start-up and commissioning of Siemens Turbine Electrical and Generator Controls, with a variety of integration requirements, (lsland, Grid tie, Back-up) and protective devices. Our Services include:. Pre-commissioning and loop checking. Configuration and testing of generator protection systems. Configuration and testing of generator control systemso Factory Acceptance Testing and load bank configuration. Documented setting reports and test results. Field commissioning, start-up and system tuning \-, Northwest Electrical Services LLC Project Reference \- Decembe t 16,2014 Tie Breaker Synchronization Control System - Siemens Energy / Australia Phase 2 Northwest Electrical Services LLC together with Siemens Energy and ABB, was contracted to design modifications to a system to allow grid tie operations for a previously supplied Tiebreaker synchronization system for a major client in Australia. The previously supplied system designed and built by Northwest Electrical Services, was for island operation only. The original project consisted of three synchronization panels, with the requirements to utilize Woodward Master Synchronizing and Load Control units (MSLCs) and interface with generator Digita! Synchronizing and Load Control units (DSLCs). The system required coordination and communication between 8 MSLCs in a challenging scheme not before utilized in an MSLC configuration. \Mile the client specification for the project specified various operational and international code requirements, Northwest Electrical Services LLC proposed and ultimately provided an innovative flexible solution incorporating PLC control and touch screen HMls, allowing for future expansion and changes to operationat requirements. Our solution provided the following modifications to this previously supplied Northwest Electrical Services system to incorporate the ability to grid tie to the utility: . Addition of two Woodward Utility MSLC's for each of the three existing panels. Two grid tie incomers are added in Phase 2.o Programming and configuration of the new MSLC units.. Modifications to existing PLC program and HMI graphics. . Modification of the existing network switches to incorporate the new devices. o lnterface with SCADA system via Modbus for status and control. The system was designed, documented and released to the client in Q4 2014. lt is anticipated that Northwest Electrical Services will participate in the commissioning of the modifications. Northwest Electrical Services LLC Project Reference April,2014 Go Transit Cogeneration Control System Northwest Electrical Services LLC was contracted by ButtCon Energy, of Toronto Canada, to develop and implement a control solution to replace and extendthe functionality of existing CoGen controls at the GO Transit Streetsville and Oshawa sites located in Ontario Canada. The new control system would replace an existing proprietary contro! system and interface with existing CoGen units, and auxiliary equipment such as absorption chillers, switchgear, load bank, UPS and building automation controls. The goal isto increase functionality by meeting the following objectives:. Graphical Human Machine lnterface for Local Supervision and Control of Plant. Graphical Human Machine lnterface for Remote Supervision and Control of Planto Email Notifications of Plant Alarms and Statuso Retrieval of Past Event lnformation. Trending of Co-Gen Plant Operating Parameters. Scheduling of Co-Gen Unit Dispatcho Ability to access the system via HTML Browsers and IOS or Android based Devices. The solution provided by Northwest Electrical Services LLC incorporates the following wel!-known widely used commercial products to accomplish the previously stated control objectives:o Allen Bradley Micrologix 1400 PLCo Wonderuare Archestra System Platformo Wonderware lnTouch HMIo Wonderware Historian. Wonderware lnTouch Access Anywhere. OPC Server Client and l/O Servers. WIN-911 \-, \- tulu.lPMr% Cuo.d HOEP, /km 9nt!ry 22r61il.lM14 M5 ,c$ * rr t:t! t a5614./Mta @6 4t@14 ca|Tcox ExERerrnc. @ Figure 1 - Main Screen Shown using Safari Browser \,-, \-, Northwest Electrical Services LLC Project Reference The system supervision and control of plant was based on and created \: using Wonderware Archestra System Platform. The Archestra System Platform is comprised of multiple functions including: 1. Real Time Data Acquisition Engine using Wonderware DAS Servers for PLC and Modbus Communications, and OPC servers for SNMP. 2. Plant Historian for data logging of analog and discrete values. 3. Alarm and Event recording. 4. Object oriented graphical symbols used for visualization. 5. Deployment of HMI graphics to nodes. The benefit of using this software is that data can be gathered from a variety sources throughout the plant by the HMl. An OPC Server for Modbus is used to communicate between the existing Co-Gen unit controller and the HMl. An l/O server creates a communication link between the HMI and the new Allen Bradley Micrologix 1400 controller installed. The result is a central location for users to visualize and control the entire plant. Each user is given a login for the HMl. Permissions are decided based on the login credentials. ln order for changes to be made to the operation of the Co-Gen unit or plant, a user must be logged in and have control permissions. lfa user does not have the necessary authorization, thenthe user is restricted to supervision only on the HMl. As a result, only qualified users to are allowed to control the plant and unintended operation of the Co-Gen unit are kept to a minimum. Local HMI functionality and accessibility are extended using CUM mEP, / rm J; ll.- EA|TCOI EilEROYtilC. @ 4ry_l@ IAwtw&BtuI@ tY-E@ lAlb!W&ld i!w_Ee luJdrw&t@dt.tPrmr*wareour bBffi lI $ El Y O,t, Br C(otri OaE, the Wonderware InTouch Access Anywhere software. Users can remotety control and view plant information from anywhere on any computer or mobile device via an lnternet connection. Users login with the same local HMI credentials to a secure dedicated website hosted and maintained by Northwest Electrical Services LLC. On the website, users view the same HMI graphics and have the same privileges of supervision only or supervision and control from a remote location as they would locally at the plant HMI. Even if a user is not monitoring plant status locally or remotely, the WIN-911 software connects to the HMI and monitors all alarm and event notifications. An email will be sent out to a distribution list if an alarm or plant change event occurs. Figure 2 - lnteractive Trending Tool shown using lnternet Explorer \-. Northwest Electrical Services LLG Project Reference All data available on the HMI is stored in the Wonderware Historian database. This allows users to access current and past operational data values when necessary. A user can trend past events for analysis, performance review or reporting. This past event retrieva! can be done locally or remotely at the HMl. Al! software and applications are hosted and maintained by Northwest Electrical Services LLC, using redundant power, data storage, servers and is accessed by the client representatives via secure VPN login, and all data and communications to the site are accomplished through a site to site IPSEC tunnel. Northwest Electrical Services also provides continuous service and upgrades as wel! as modifications to the systems based on client request through a multiyear service and development agreement. The Allen Bradley Micrologix 1400 programmable logic controller is used to schedule the dispatch of the Co-Gen unit. The MicroLogix l40Ocommunicates with the Co- Gen unit's controller to send start or stop signals and retrieve operating parameters from the Co-Gen unit. A user will select from three dispatch modes of operation from the HMl. . Manual. Commercialo Severe Weather ln manual mode, a user can start and stop the Co-Gen unit as necessary. The unit will operate within acceptable parameters controlled by the Co-Gen unit's controller. ln commercial mode, the Co-Gen unit will start and stop based on a schedule or the market price of electricity. The schedule is set through the HMI by the user. The Co-Gen unit will start and stop at the scheduled time. lt will run at the electrical output set by the user. lf the price of electricity rises above a predetermined price then the Co-Gen unit will start and continue to run until the electricity price drops below the set price. Severe weather mode will override any scheduled dispatch of the Co-Gen unit. ln this mode, the Co-Gen unit will start and follow the electrical load at the GO Transit Streetsville plant. The MicrLogix 1400 PLC provides the logic to follow the plant's electrical output for the Co-Gen unit to match. Load following allows the Co-Gen unit to power GO Transit - Streetsville in case the utility's connection is lost during inclement weather Figure 3 - WIN 91'l Mobile Alerts as displayed on iPhone .. Ver zon ? 9:37 AM 99',zo I!!' iilOE fLE' tul ? Alarms Trg : $-GonStiln DqnandErdnoFa... Teg : SV-UFS-StilntlPS-Nomtd Fln... @ Tag : SV-GenStatus.DemandEngineFa-'. ;] n"cr"rt Atarms 6 Detete Acked &Hil!Oe Reports Health Settinqs Help Northwest Electrical Services LLC Project Reference keeping power disruptions to a minimum. Adding the SLC-500 PLC extends the functionality of the Co-Gen unit controller to meet the electrical requirements of the GO Transit - Streetsville plant by allowing the Co-Gen unit to respond to plant conditions. Figure 4 - Screenshot taken of Main Screen using iPhone The solution designed and maintained by Northwest Electrical Services LLC used open industry leading products to create a system that allows for around the clock supervision and control without the need to have personnel located at the plant around the clock. Northwest Electrical Services LLC Project Reference \-September,2013 Replacement Load Bank Contro! System Siemens Energy Test Facility - Houston TX Northwest Electrical Services LLC has been performing Generator and Protection Systems Factory testing and site start-up on a regular basis for years. Siemens' test Facility in Houston Texas, utilized an Allen-Bradley PLC for lad bank control along with a Rockwell RSView system for operator interface. The system was no longer maintainable, and the logic and interface would often subject the generator lturbine to unwarranted load changes. This would cause complications during load and witness testing for their clients. Siemens contracted Northwest Electrical Services to redesign the load bank PLC program and operator interface to allow:o New operator interface based on Wonderware lntouch. Allow individual selection of load bank resistors on or off in a controlled manner such that load step changes are within the test or machine parameters.o Trending tool to include in test results for electrical quantities.o Modified PLC program to accomplish the above as necessary.. Commission and turnover. \- ti' I [EltE]l@l Northwest Electrical Services LLC Project Reference Northwest Electrical supplied and installed the system at Siemens Houston Facility, including alarm screens, integrated trend tools, dual action / confirmation operator actions, load step interlocks, and load bank interlocks. The system has been in use since 2013, greatly simplifying the test procedures for Siemens' clients. \-, H The project commenced on January 3rd 2010, with the required design, installation and commissioning no later than June 30th 2010 before the Bermuda peak summer season. Due to the tight schedule constraints and our past performance, BELCO awarded the $2.6M project to Northwest Electrical services LLC for the complete turnkey design and build project. The project was commissioned and placed into service June 18th 2010. The scope of the project included:o Process and lnstrumentation diagrams for new and existing JW and SCW systems.o Electrical Single line diagrams including full modeling using ETAP software.. Sizing, selection and procurement of fifteen (1 5) air cooled heat exchangers, five (5) per engine for Jacket Water (JW) and Secondary Cooling Water (SCW) systems.. Sizing, Selection and procurement of two (2) new JW pumps, two (2) new SCW pumps and associated valves and equipment for redundant pump operation.. Detail design of all piping, structural steel, and civil works.. Detail design of all electrical systems including power transformers, motor control Northwest Electrical Services LLC Project Reference .,!une 25, 2010 OFS Cooling Upgrade Project - Bermuda Electric Light Company, Hamilton Bermuda Bermuda Eleckic Light Company (BELCO) is the island of Bermuda's sole electric utility and is a stationary diesel and gas turbine plant with a capacity of approximately 180 MW. The diesel plant is the primary base load generation and the fleet of diesel engines range from 5 MW units to 14.4 MW units and in age from 30 years to 6 years. While BELCO is planning plant expansion, it is necessary to retain the services of three Sulzer 240 engines for an additional 5 years. These engine have approximately 25 years of service and while the engine themselves are in excellent working condition the auxiliary cooling systems are in need of replacement. Northwest Electrical Services LLC executed an engineering study for BELCO which determined the performance of the existing cooling systems, and the detrimental effect on overall engine efficiency. The study revealed that by replacing the existing cooling system equipment with new coolers and circulating pumps which could be re-purposed in the future to newer areas of the generating station, the utility would increase the availability and efficiency of the diesel engines and have a return on the initial investment of 15% over 5 years. Northwest Electrical Services LLC Project Reference centers, power metering and UPS systems. \- r Detail design of control system hardware and software and integration with existing engine control systems. (Complete). Detail design of all network communications between control systems, metering and instrumentation. (Complete). Project Management and procurement of all equipment and construction materials.o Civil works for preparation of site.. Mechanical, Electrical and Civil construction.o Commissioning, training and final documentation. Northwest Electrical Services LLC Project Reference lntegrated Operations Center - Bermuda Electric Light Company, Hannilton Bermuda During the period of November 2001through June 2003, principals of Northwest Electrica! Services LLC, conceptualized, designed and commissioned an lntegrated Operations Center for the island of Bermuda's sole electric utility, Bermuda Electric Light Company (BELCO). The purpose of the Operations Center was to combine three functionally and physically separated control rooms into a single facility thereby increasing situationa! awareness of both Generation and Grid conditions and establish the infrastructure needed for future distributed generation including renewable technologies. To accomplish the above, the Operations Center base design criteria developed by Northwest Electrical Services LLC principals included: o lntegration of existing Generator and balance of plant control systems into a common user interface. \-. ff-,> Northwest Electrical Services LLC Project Reference o lncrease operational awareness and monitoring of plant and grid status through the use of real time integration of critical operating data, and data warehousing and retrieval of historical data. . lnstallation and integration of intelligent elechonic metering devices. . Provide for redundant communications, networking, server infrastructure and power. o Be housed in a structure to withstand class 4 hurricane force winds complete with HVAC, security and fire alarm and suppression systems. . Allow for uninterrupted control of plant and grid in the event the facility is compromised or evacuated. . Provide a return on investment strategy by reducing manpower previously located in separate control rooms, decrease outage durations through the use of enhanced intelligent dispatch. The detailed design, construction and commissioning of the operations center incorporated the following key operational elements and disciplines. o Application development and integration of lnvensys Archestra suite of products to provide for a consistent operator interface system, not only in the operations center, but also on the plant floor so that at all times the plant floor and operations center are reviewing and responding to the same information. This work involved graphic designs as modifications to existing disparate control system hardware and software. The systems allow for local control only for some aspects of operation, and both local and remote control for other functions based on login and/or location. . ln addition to the operator interface application, the lnvensys Archestra suite of products was developed to provide a data historian platform from which data from many disparate sources was integrated into a singular data warehouse. The data retrieval was both real time and batch and included sources such as existing SCADA Oracle databases, lntelligent electrical devices, manual data entry and real time data from control systems. o lnstallation and networking of generator and transmission systems Schneider Electric intelligent ION meters used for both logging of data both within the meter and remotely, as well as transducer outputs for a non-networked interface with critical control and protection systems or legacy systems.. A major design challenge was to replace the legacy hardwired generator controls separated by two different physical control rooms into a single facility and allow for redundancy in the event the primary operations center was compromised or evacuated. Due to the time frame for completion of the project, and the need for a system that would support both legacy controls and newer or future systems, Northwest Electrical Services LLC Project Reference a mission critical control system was configured installed and commissioned. The system installed, Triconex, is a triple redundant system listed for use in safeg sensitive applications. The system not only provided triple redundant hardware, but also hot swap capabili$ of all hardware components, diagnostic open circuit and short circuit monitoring of all connected inputs and outputs, and ability to communicate over triple redundant fiber optics to all nodes. The redundancy and distributed control features of the Triconex system also provided the means and capability to expand the control functions in the future or replicate the control functions in multiple locations without the complexity of aging hardwired conductors. . Specification and development of a 10 ft. X 20 ft. Christie display wall system complete with RAID level 5 controller and capable of delivering data from SCADA, Control Systems, Surveillance Cameras, Fire systems, television and internet media. To facilitate the key operational elements above infrastructure design or project management functions were performed by Northwest Electrical Services LLC principals. o Redundant fault tolerant fiber optic ring specification and design for mission critical control system communications isolated from all other networks encompassing the entire generating plant. . Redundant fault tolerant fiber optic ring, managed TCP/IP switches and router specification and design for control system, electronic devices, video and security system, server farm communications. o Redundant servers, SAN's, management appliances to host applications and data. . Secure power system for the lntegrated operations center including connection to the existing 4.16KV station power supply, ASCO automatic transfer switch, CAT generators. ln addition, APC UPS power supply installed for critical systems including the Triconex system, server and network switches and routers. . lnstalled backup handheld radio system for secure communications with both plant and remote authorized staff. . Specified and managed the installation of a2X 100o/o HVAC system. . Specified and managed the installation of a Honeywell EBC system for all fire alarm and suppression systems, security and HVAC control systems. . Specified Building design and floor plans, project managed all construction works . Specified lighting, ergonomic 24X7 furniture, acoustical trim and electrical distribution within the operations center. Northwest Electrical Services LLC Project Reference . Specified all computer equipment, plotters and printers. \"'' Construction of the facility commenced in July of 2002, with a schedule to fully commission the integrated Operations Center in June of 2003. Northwest Electrical Services principals managed the entire construction and commissioning of the center. Commissioning was complex, as BELCO is the sole supplier of electricity to the island, all systems had to be fully commissioned without interruption to the supply of electricity. The center was fully staffed and operational in May of 2003. On September sth, 2003 the island was struck by a category 4 hurricane, Fabian, which decimated the islands overhead distribution system and left 7 5o/o of the utility's customers without power. The operations center performed as designed, all systems and facilities not only withstood the hurricane forces, but the center's monitoring systems and facility played a crucial role supporting the incredible efforts of BELCO staff with the record restoration of all power to customers within three weeks following the storm. Northwest Electrical Services LLC Project Reference March 19, 2013 Process Heating Steam to MTHW Conversion A large stationary diesel power plant has been undergoing various life extension projects for base load HFO fuel power generation. Original design primary HFO fuel heating for an older section of plant was a steam based on two oil fired boilers, shell and tube exchangers and condensing systems. The steam heating system is more than 20 years old and is in need of replacement. Northwest Electrical Services LLC executed an engineering study to determine the optimal solution to replace the critical fuel heating with these factors driving the recommendations.o Ability to re-purpose any proposed fuel heating to other areas of plant. lncreased efficiency of the system with lower overall fresh water consumption. Minimal, if any, downtime of base load units while the new system is installed and commissioned. The engineering study concluded that a conversion of steam to MTHW would be the optimal solution, meeting all of the above criteria, with an innovative solution to the challenge of installing the conversion without downtime of existing units integral to the success of the proposal. Northwest Electrical Services LLC followed the study as the design-build resource for the project. The turnkey project scope of services include the design, procurement, project management and construction management of:. 2X 10Oo/o capacity boilers with redundant primary and secondary circulation pumps.o HTHW Plate and Frame Heat Exchangers.. Custom fabricated skids and enclosures for all outdoor equipment including boilers and circulation pumps.o Piping systems complete.o Structural steel, grating and supports.o Electrical and control systems, including integration to existing systems.o Fire Detection and Suppression Systems. Commissioning, training and final documentation. The project was completed Q22013. Northwest Electrical Services LLG Project Reference July 16,2012 Tie Breaker Synchronization Contro! System - Siemens Energy / Australia Northwest Electrica! Services LLC together with Siemens Energy, was contracted to design, fabricate, and test a Tiebreaker synchronization system for a major client in Australia. The project consisted of three synchronization panels, with the requirements to utilize Woodward Master Synchronizing and Load Control units (MSLCS) and interface with generator Digital Synchronizing and Load Contro! units (DSLCs). The system required coordination and communication between 8 MSLCs in a challenging scheme not before utilized in an MSLC configuration. \Mile the client specification for the project specified various operational and internationa! code requirements, Northwest Electrical Services LLC proposed and ultimately provided an innovative flexible solution incorporating PLC control and touch screen HMls, allowing for future expansion and changes to operational requirements. Our solution provided \-, the following:o Design and construction of three synchronizing panels CE listed, with complete operating description, documentation and factory acceptance testingo Provided a fault-tolerant redundant industrial Ethernet communication between devices, utilizing CISCO 1E3000 industrial Ethernet switches and associated network configuration. lncluding a fault-tolerant redundant link between two of the panels separated by 35 KM distance. Allen Bradley PLCs with interface using both MODBUS TCP/IP and CIP protocols for communication with both MSLCs, DSLCs, and HMlso HMI operator interface making use of Wonderware's Operator Interface Computer (OlC) using Intouch version 10. Breaker Control Switches, Synchronizing Scopes, all panel hardware as per international codes complying with both Low Voltage and EMC directives. Configuration and programming of all devices, MSLCs, PLCs, Wonderware complete with full back up and rapid restore capability locally and remotely. Automatic, manua! and dead bus modes of operation. Ability to expand the system to include telemetry from generators and communication with generator controls. Ability to remotely collect data into SCADA or other systems for further data acquisition and analysis The system was completed, factory tested and shipped to the client in Q2 2012. Northwest Electrica! Services LLC Project Reference \/ June 14,2012 Replacement Generator Air Cooled heat Exchangers \- A Iarge stationary diese! power plant has been undergoing various !ife extension projects for base load HFO fue! power generation. Two Sulzer Z40 engines providing a total of 22 MWe, required replacement of corroded air-cooled radiator fans. The particular challenge for this modification was the lack of available space for additional replacement fans. Northwest Electrical Services LLC worked with the client to engineer and install the following solution: 1. Retain existing fan frames, and noise silencers 2. Replace existing two-speed motor design with variable frequency drives for savings of energy during low ambient temperature periods 3. Modify the system to be direct-coupled motor driven, and remove existing gearboxes to reduce maintenance of obsolete gearboxes 4. lnstall new motor contro! center located near fans in modular construction such that the fan units could be repurposed in other areas of the generating station 5. Design and install the power system for the radiator farm to include 13.8 K/ I 480 VAC transformers in and A/B ring style system 6. Complete the project with minimal de-rating of the existing units during construction and prior to peak season Working along with Burmeister Wain Scandinavian Contractor A/S of Denmark for mechanical works, the project included the successful installation and commissioning of:. Modular custom MCC enclosure designed and fabricated by Northwest Electrical Services LLC consisting of 36 VFD's in an Ethernet based MCC by Allen Bradley, complete with PLC controls and interface with existing plant systems, HVAC, fire detection alarm and automatic fire suppression. Power transformers; ring main switches and a!! associated power cabling to the station 13.8 1(/ switchboard. Field cabling to all drives, complete with local load break disconnects. Fault tolerant control of all drives in the event of communications or PLC failure such that the generator will continue to have adequate cooling capacity. Commissioning, training and fina! documentation The project has completed and in full operation as of Q2 2012 returning both Sulzer engines to original MCR capacity including overload rating of 110o/o for two hours.\-, Northwest Electrical Services LLC Proiect Reference April 9, 2012 Fuel Flow Measurement System Northwest Electrical Services designed, supplied, and installed a fuel flow measurement system for an international client wishing to replace outdated mechanical fuel flow meters with a networked solution to interface with existing plant systems. Northwest Electrical Services designed and installed both mechanical, instrumentation, electrical and communication systems for multiple generating units communicating over Ethernet using TCP/IP using Endress + Hauser instrumentation and Allen-Bradley Endress + Hauser communication integration to a Allen-Bradley CLX PLC(s). The system required replacement of existing installations and piping modifications in other areas to allow for accurate measurement of both inlet flow and recirculation flow resulting in an accurate real time measurement of fuel consumption on an individual unit basis, and ability to totalize all flows for overall plant consumption. All data is transferred into Allen Bradley Controllogix PLCs utilizing the Rockwell Automation and Endress + Hauser integration utilities. Additionally data is integrated into the Plant Historian database, Wonderware Plant Historian. This installation has allowed the client to perform accurate routine performance testing, online monitoring of engine utilization and performance, and real time analysis of overall plant fuel consumption between monthly tank soundings. The system was commissioned and placed in Service Q4 2011. \- Northwest Electrical Services LLC Proiect Reference March 7,2012 Fuel Heater SCR Control Gonversion Northwest Electrical Services designed and supplied a conversion control panel for an international client operating a stationary diesel power plant. The original control system for the resistive heaters involved contactor control engaging various banks of resistors to increase or decrease heating as temperature required. This method of control resulted in premature failures of heating elements and inefficient use of energy. \Mile the fuel heating is primarily accomplished capturing waste heat from a generator, at lower loads the heating needs to be supplemented by electrical heating. Northwest Electrical Services LLC, designed, fabricated, installed and commissioned a new heater control panel incorporating SCR heater control an Allen Bradley PLC as well as interface with existing plant control systems. This system resulted in substantial energy savings, and greatly increased the reliability of the heater elements. The system was commissioned and placed in Service Q4 2011. \-- Northwest Electrical Services LLC Project Reference \- Decembe r 30,2011 Generator AVR Replacement Northwest Electrical Services designed, supplied, and installed a replacement digita! AVR system for an aging analog system for an internationa! client operating a stationary diesel power plant. The system was for two generators, and the AVR utilized was a BASLER DECS 200 with operator interface. The original AVRs were removed from service, new BASLER DECS 200s installed in existing panels, configured and commissioned during a planned outage period for each unit, without any impact to outage duration. The system also incorporates MVR mode, null meters, and bumpless transfer from AVR to MVR mode. The system was commissioned and placed in Service Q3 2011. \- I ---i :!1:!,.--1 .11 ..tt|.J, Northwest Electrical Services LLC Project Reference August 20,2011 Bermuda Electric Light Co. Hamilton Bermuda Generation Plant RO / Dl system Northwest Elechical Services was contracted by Bermuda Electric Light Co (BELCO) in the Hamilton Bermuda Generating Station to supply a Brackish Water / Seawater treatment plant to supply process water to the diesel and steam generating units in their central Hamilton Power Station. Bermuda relies on rainfall for freshwater supply and the increase in power generating capacity has led to an increased need for treated process water within the station. The plant had been utilizing trucked potable water at considerable cost for make-up water. This potable water, had not met the water quality specifications for the equipment resulting in accelerated corrosion of engine components and increased maintenance cost. The project included the specification, procurement and supply of a turnkey brackish water and ground water seawater treatment, electronic de-ionization system, back-up resin bed de-ionization, water storage and distribution systems integrated with existing generator control and monitoring systems. Aside from the packaged RO/DI units Northwest Electrical Services LLC also designed and installed the control systems and operator interface for monitoring of the RO/DI processes, tank levels, flushing and automatic tank makeup distribution and pump / pressure controls. The system was placed into service July 2011, resulting in near boiler quality process water greatly reducing the corrosion within the equipment and an expected ROI in less than 18 months when compared to delivered potable water. Northwest Electrical Services LLC Project Reference \- April 10, 201'l Plant Critical Systems Documentation and Arc Flash Survey Northwest Electrical Services was cont to perform a full survey of an interna power generating facility of all critical sy and documentation. The survey cover Electrical, Pressurized systems incl medium temperature hot water and st fuel systems both heavy and light fuel oil. lncluded in the survey was the delivery of the following: 1. Updated and, in many cases, new P&l diagrams for all systems. 2. New electrical single line diagrams for HV, MV, LV systems including UPS, DC power and control system power. 3. Equipment listings for each system including manufacturer, model numbers, design, and performance data to ensure replacement components satisfy original design criteria. Northwest Electrical Services also provided services for an Arc Flash Study of plant\- systems resulting in the identification and rectification of some problem areas and applied NFPA 70E code required signage greatly increasing the safe working environment for working staff. Northwest Electrical Services utilizes ETAP software for the studies of electrical systems. The project was completed in Q4 2010. ((( Northwest Electrical Services LLG Key Staff Organizational Ghart General Manager John Blizman Operations / Safety Manager Mark Wray Administrator T. DeSilva Controller K. Blizman D. Woodke F. McNeill L. Malloy R. L. Doubleday Jr.Y. BlizmanK. Lythgoe Northwest Electrical Services LLC Key Staff Profiles John S. Blizman Executive General Manager Northwest Electrical Services LLC. 827 Lincoln Ave. Unit B-11 West Chester PA. USA 19380 Experience Summary: 30 years in power generation, automation, operations and maintenance management Qualifications: BSEE, MBA, PhD (Applied Mathematical Science) Experience: . Babcock and wilcox Coal, Oil and Gas fired 150 - 550 MW field service, Control System En8ineer in Saudi Arabia, Egypt, lsrael, Taiwan, South Korea, Philippines, Thailand, lndia. . Electrical (MCC and DC drives) and Controls Engineer for 13 transfer and double action presses for General Motors, as well as field installation at various stamping plant locations. . lndustrial Waste Water treatment plant proiect manager and lead electrical/ controls engineer for Ford Motor Company. . Field Commissioning of switch8ear for the City of Los Angeles liBht rail transit system. . Start-up and Control System Engineer for fluidized bed steam generators. . Fire and Gas system engineer for various installations such as Prudhoe Bay Alaska, offshore and Solar Turbine packages. . Commissioning Lead for ARCO / BP GHX-2 project, 1993 and 1994 sealifts. . Automation Engineer at Prudhoe Bay performing engineering and commissioning of various systems including prototype grind and inject project, PLC conversions, Fire and Gas systems, lnstrumentation . Automation En8ineer in Bermuda designing and installing 2 prime power diesel engine electrical and control and instrumentation systems, and subsequently becoming the proiect lead for the design and build modernization project of the entire power plant involving 14 prime power diesel engines,2 GT35 Packages,6 Rolls Royce packages, networked control systems, operator interfaces, database application development. . Project Engineer for the complete design and construction of a fully integrated Operations Center including systems for the control and monitoring of power generation and Transmission and Distribution. Systems included SCADA, Generation controls, Triconex Systems for mission critical distributed control, lT infrastructure, Servers and database application programming. . Conversion of plant droop control to ISOCH. . Operations Center Manager for the electrical utility in Bermuda. Designed numerous database applications and the integration of share point portal into plant historian systems. . Vice President - Power Generation for the electrical utility in Bermuda, with over 100 employees reporting and 580M annualbudget. \-, Northwest Electrical Services LLC Key Staff Profiles Mark Wray Executive Operations Manager Northwest Electrical Services [[C. 827 Lincoln Ave. Unit B-11 West Chester PA. USA 19380 Experience Summary: Over 30 years in electrical systems for a wide variety of sectors with special emphasis on Operations and Maintenance experience often in remote locations. Qualifications: Alaska Journeyman Electrician, Alaska Electrical Administrator, Oregon Electrical Supervisor, Oregon A-level Electrical lnspector, State of Washington Electrical Administrator State of Alaska Fire Alarm Experience: . lndustrial and Commercial Electrical Construction as apprentice, journeyman and foreman in Alaska and Arizona for various contracting firms for projects including: o Air Force theater, library, Classrooms, dormitory, dining facility, and base exchange, Galena, Alaska o Galena Elementary School, Galena, Alaska o Valley MedicalCenter, Palmer, Alaska o lnstallation and startup of new control and distribution for 6MW and 5MW standby power plants, Prudhoe Bay, Alaska. o lnstallation of 13.8KV underground feeder and substation, Prudhoe Bay, Alaska . o Drilling mud treatment plant, Prudhoe Bay, Alaska . o Electrical construction and maintenance of outside line distribution, substation and process facilities, Prudhoe Bay, Alaska . . Commissioning Lead Technician with Udelhoven Oilfield Services o Functional check and drawing as-built of safety and control systems at Valdez Marine Terminal. o lnstallation and commissioning of additional 3 MW emergency generator at ARCO Central Gas Facility, Prudhoe Bay, Alaska . o Commissioning of Fire and Gas, HVAC, and electrical systems for ARCO / BP Gas Handling Expansion 2 project at Prudhoe Bay, Alaska . Electrical Supervisor with Udelhoven General lnc. o Electrical / instrumentation design, installation, and startup of two 5.7 MW diesel generators at Bermuda Electric Light Co. o Design and installation electrical and control systems upgrade of existing generators for Bermuda Electric Light Co. \-, \-- \- \-. Northwest Electrical Services LLC Key Staff Profiles Mark Wray Executive Operations Manager Northwest Electrical Services LtC. 827 Lincoln Ave. Unit B-11 West Chester PA. USA 19380 o Design and installation of auto-synchronization for existing power plant at Bermuda Electric Light Co. . Electrical Technician - Power Vapor Operations Alyseka Pipeline Service Co. Duties include Maintenance, Commissioning, and Operations. o Power Generation, Vapor Recovery, Crude loading and Ballast Water Treatment o 13.8 kv Switchgear and Distribution o 4150 and 480 volt utilization equipment o Protective Relays - lTE, Westinghouse, Multilin, Schweitzer o Fire and Gas, Detonation Arresting systems o Bailey lnfa-90 DCS o Allen Bradley, Square D, and Modicon PLC's o Procedure Writing o Electrical and Safety lnspections. o Operations for Power Generation and Vapor Recovery section. lnert Gas and 600 # Superheated Steam Generation, Steam Turbine Power Generation, Vapor Recovery and Balance System for fixed roof Crude Oil Tanks and Tanker Loading Vapor Recovery, Generation. . lraq Electrical Field Engineer- Nana Pacific o ElectricalSurvey and Restoration, Basra Airport, lraq. o Restoration of Port Distribution System, New 1t kv Substaion Switchgear and Feeders to 11 kv Gantry Cranes, Umm Qsar, lraq. . Electrical Lead Designer - Nana-Colt Engineering o Oil Transit Line replacement, Prudhoe Bay Alaska o Develop Cause and Effect Drawings for Existing Lisburne Production Facility, Prudhoe Bay Alaska o Upgrade of Emergency Diesel controls, CentralGas Facility, Prudhoe Bay Alaska. o Valdez OilTerminal lncoming Oil Electronic, Metering and Controlsystem \- \-, Northwest Electrical Services LLC Key Staff Profiles Fhia S. Works Electrical Engineer ll Northwest Electrical Services tLC. 827 Lincoln Ave. Unit B-11 West Chester PA. USA 19380 Experience Summary: Diverse industry experience in automation and controls Qualifications: Bachelor of Science in Electrical Engineering Experience: . Automation & Control Solutions College Co-op Student at McKenney's lnc. Mechanical Engineers & Contractors o Managed project materials and equipment for multiple projects o Responsible for final documentation and as-built drawings to customers o Created building graphics for customer's human machine interface (HMl) computers ' Junior Applications Engineer at McKenney's lnc. Mechanical Engineers & Contractors o Responsible for designing automation and control systems for commercial and industrial heating ventilation and air conditioning systems (HVAC). . Electrical Engineering Technician at a Bermuda electrical utility o Responsible for maintaining and troubleshooting the electrical utility's generation control systems including programmable logic controllers (PLC) and HMls o Project coordinator to install two auxiliary transformers for two prime mover diesel engines and update electrical protection o Project coordinator to automate the lube oil filling system for two prime mover diesel engines . Electrical Engineer Northwest Electrical Services LLC o Automation Systems Design and Commissioning including PLC and HMI based systems. o ElectricalSystem analysis utilizing ETAP software. o Protection System design, programming, testing and commissioning for generator and switchboard systems. \-, \- DC Consulting Don Coletta PO Box 1108 Eunice, La. 70535 Cell - 225-253-2L75 Fax - 855-283-797t Experience 1 976-1 980 !ngalls Shipbuilding Pasacagoula, Ms. Electrician (Specialist A). Aftended apprenticeship through lngalls Program. Allison 501K17 Program. Worked with Naval personnel in training of turbine gas generators. Construction layout, cabinet termination, test crew. Submarine overhaulwith sonar equipment 1980-1999 Stewart&Stevenson Houston, Tx Field Service Technician/Engineer. Troubleshooting company equipment throughout the world with customers. Set-up & start-up of new equipment with project manager and design Worked the following gas turbines - (Allison's, GE, Solars, EGT's, Air Research, Rolls- Royce)\- : A'l'l#ir1'3,fi;1ffi3,?lf.'J331 KB5/501 KB7 t5o1Kc/501 Kcst570Kt571 Garreft 500KW Gen Set. Applications - (Generators, Gas Compressor's and Ship propulsion). Controls & Mechanical Design 1999-2001 TransCanada Pipeline Services Eunice, La. Gas Turbine area Manager . Responsible for allgas turbine compressor sets in Louisiana. Managed overhauls for Solar and Allison and Westinghouse 2001-Present DC Consulting Eunice, La. Controls and Mechanical Consulting . Help customers with gas turbines in maintenance, troubleshooting.. New design and commissioning support. New projects, upgrades, alltype controls, and mechanicalsupport \-. Northwest Electrical Services LLC Key Staff Profiles R. Doubleday Jr Business Unit Consultant - Engineering Northwest Electrical Services LLC. 827 lincoln Ave. Unit B-U West Cheste. PA. USA 19380 Experience Summary: A Senior Mechanical and Electrical E nginee r with a vast a rray of experience in multiple industries including Oil and Gas and BiomedicalScience. Qualifications: MSC Electrical Power Engineering, MSc Electrical EngineeringMBA, Completing PhD in Biomedical Science. Experience: Published in following papers: o Doubleday, R.1., Yang, B-H, and Asada, H., "Robot lmpedance Synthesis Based on Logical Task Description and Progressive Learning," Accepted for publication ot the 1996 ASME Inlernqtionql Mechanical Engineering Congress and Exposition, I 996. o Doubleday, R.1., and Thompson, James, MD, "A System for the Repeatable Placement of Sensors for Lung Sound Measurement," 23 Annual Conference of the Internationa! Lung Sounds Associqtion, Boston, MA, 1998. Senior Electrical and Controls Engineer for Nana-Colt Engineers Responsible for Instrumentation and automation design solutions. Projects include the design of a LACT-quality meter-prover system requiring selection of all meter-prover skid instrumentation, flow computers, composite sampler, motorized valves, and other metering-related equipment. System architecture design for the ROC827 flow computer and its communication links to the Process Control Network, Human Machine lnterface (HMl), and the sampler skld. Design of all loop, connection and wiring diagrams, as well as associated communication drawings. Development of a hardware and software specification for the overall system, as well as a functional checkout procedure (FCO) for the system test. Construction support during FCO, and final engineering (PE) signoff for all instrumentation and automation design work. Electrical and Controls Engineer for Coffman Engineers Responsible for all controls and automation startup work covered by the Anchorage office of Coffman. Development of Allen- Bradley SLC ladder logic for the Tesoro Pipeline. Human-machine interface (HMt) development in Wonderware. Management of lmplementation schedules with respect to the download and functional checkout of new control code. Design of instrumentation loops, selection of proper instrumentation, and communication with remote PLC locations. Feasibility and costing for automation project bids. Electrical and Controls Engineer for Alyeska Pipeline Service Company Special Assignment to the Strategic Reconfiguration Group. Responsible for the replacement of the main line pump turbines with electric drives. Analysis of power requirements for the ramp down pump stations with respect to radio, satellite, microwave and fiber communications equipment, earthquake monitoring equipment, and other process instrumentation. Economic justification and feasibility checks presented and defended to the client for each decision implemented. Jl/ Northwest Elect,ical Services LLC Key Staff Profiles R. Doubleday Jr Business Unit Consultant - Engineering Northwest Electrical Se.vices LLC. 827 Lincoln Ave. Unit B-11 west chester PA. usA 19380 Consultant to Taylor Engineerlng, Andover Applied Science, Department of Defense, US ARMY Develpoment of control code for a Rotary Wing Submunition (RWS). Register level programming for PC104 format Cots A/O card. lnput conditioning for 6 degree of freedom accelerometer motion pak. Servo and stepper motor-control. Serialcommunication code for bi- directional data transfer between the RWS and ground station via RF comm. GUI development for motion pak testing. Trajectory following/planning control code. Matlab/Simulink simulation of vehicle dynamics. Development of an Ho controller for vehicle test. All code done in C/C++. Matlab used for simulations. Automation Engineer for Alyeska Pipeline Service Company Process control through Bailey Distributed Control Systems (DCS) at the Valdez Marine Terminal. Changes to control structure for various Terminal systems. Control system cutovers and testing/verification of implemented control. Responsible for DCS at the crude loading berths. Mechanical Engineer for Alyeska Pipeline Service Company Analysis of mechanical and civil systems. Test procedures, design packages and recommendations written for upkeep and improvement of these systems. Working Fire System issues at the Marine Terminal. Elements of Project Management. Electronic Project Engineer at Hasbro Games, Digital, analog, and RF circuit design for implementation in handheld games, from concept feasibility and costing to final product qualification/testing. M icroprocessor-based designs for large quantities of speech in a wide range of formats (ADPCM, CELP, MELP, and LPC), as well as LCD display control. All code written in assembly, C/C++, or m icroprocessor-spec if ic languages. PCB layout using Wintek Hi-Wire, ORCAD, or Viewlogic/PowerPCB (PADS). Exposure to Verilog/VH DI for FPGA design. Controls Consultant in Mechanical EngineerinB at MIT Worked for James Thompson, MD (Massachusetts General Hospital) and Professor Tom Sheridan (MlT, Mechanical Engineering). Developed a system to repeatably place microphone/stethoscope combinations on operating room patients for the measurement of lung sounds. Lung sounds, blood pressure, 02 saturatlon, and pulse information were brought into an expert system for diagnosing certain complications associated with surgery (information still proprietary). GUI for a magnetic tracking system, data acquisition system designed with spectrum analysis of the instantaneous heart rate, and bandpass filtering/signal conditioning of EKG signal. All code done in C/C++, Matlab, or La bview. lnstrument Technician Northwest Technical Services, Pump Station 1&6, Alaska pipeline. Worked as a member of the ABIT Asbuilt team and performed field verification of p&lD,s, updated the drawings with appropriate red and green lines, and taBged instrumentation. Aspects of schematic and P&lD design and modification in Autocad. Worked the Gas-VotinB Project at Pump 9 and the Flare Stack Project at Pump 1. lnstallation of pLC,s, instrumentation Northwest Electrical Services LLC Key Staff Profiles R. Doubleday Jr Business Unit Consultant - Engineering Northwest Electrical Services LLC. 827 Lincoln Ave. Unit B-U West Chester PA. USA 19380 calibration and implementation, wire termination, conduit and tubing bending. Control room instrumentation installation and programming Research Assistant in Mechanical Engineering at MIT Worked under Professor Alex Slocum on the design of the electrical system for the MaBnum Manipulator that was developed for Teradyne. Head of the electrical section on the MIT side and coordinated with the heads on the Teradyne side to produce an electrical design to meet TUV/UL specifications. Additionally: straightness tests of linear bearings using a laser interferometer; digital interface between the interferometer measurement board and a Delta Tau control board; an analysis package using Fourier Analysis methods to relate bearing straightness to problems in the manufacturing process of linear bearings; and more efficient methods of optical alignment. Microprocessor and peripherals design for manipulator motion control; switching control; man-machine interface development. lnstrument Technician Northwest Technical Services, Pump Station 1&9, Alaska pipeline. Worked the Gas-Voting Project at Pump 9 and the Flare Stack Project at pump 1. tnstallation of PLC'S, instrumentation calibration and implementation, wire termination, conduit and tubing bendinB. Control room instrumentation installation and programming. Helicopter Underwater (Egress) Escape Training. Post Disa ste r/Ea rthq ua ke Assessment and Response. Russian Language Skills Northwest Electrical Services LLC Key Staff Profiles Joe Achak Business Unit Leader Northwest Electrical Services LLC. 827 Lincoln Ave. Unit B-11 West Chester PA. USA 19380 Experience Summary: 40 years in Process Control for Oil and Gas sectors with special emphasis on Fire and Gas Systems and instrumentation design. Qualifications: BSEE, Senior member lSA, Member NFPA Experience: . Fluor Corporation in Los Angeles and Orange Counties as an instrumentation and control system engineer. Duties included sizing and specifying various instruments for process controls of refineries and petrochemical plants. lnstalled and commissioned SPEC 200 system, the first generation of the Distributed ControlSystem (DCS) at the Exxon refinery in Baytown, Texas. Other projects included instrumentation and control systems for Abadan and lsfahan refineries in lran, Aromatics ll plant in Puerto Rico, Mobil Oil refinery in Joliet, lllinois. . Santa Fe lnternational in Orange, California as Principal lnstrument Engineer. Designed controls systems, SCADA systems, safety shutdown systems, and fire/gas detection and Halon suppression systems for four Esso Malaysia platforms. . Arco Project group as a Staff Control Systems Engineer and supervised a team of Parsons' instrument engineers in design and procurement of all phases of automation, instrumentation, controls systems and fire/gas detection and suppression systems for all North Slope facilities in Alaska. Other major projects and accomplishments consisted of: o Responsible for instrumentation, automation, control system (DCS), and fire/gas detection and suppression systems for the Seawater lnjection Plant. o Design, procurement, and lnstallation of the first Distributed ControlSystem in Prudhoe Bay. o Responsible for instrumentation, automation, control system (DCS) and fire/gas detection and suppression systems for the Enhanced Oil Recovery (EOR) plant. o Design and implementation of the new Bailey Controls Net 90 DCS. o Designed and installed the first Bulk Halon System. lntegrated the fire/gas detection systems into the Bailey Net-90 control system. o Supervised commissioning and start-up of the Bailey Net-90 control system and fire/gas detection system for the EOR plant. . Technical Products & Controls (TPC) as an application engineer and later as the Vice President of sales and marketing. Helped secure various large projects from Arco Alaska. Designed and fabricated panels for fire/gas detection and Halon suppression systems. Also received contracts for various fire/gas detection systems for Esso Malaysia, Shell platforms in Southeast Asia. Help develop a modular fire and gas detection system for TpC. \- ' lndependent Consultant with Southern California Gas Company as a consultant on variety of projects, including: \-. Northwest Electrical Services LLC Key Staff Profiles Joe Achak Business Unit Leader Northwest Electrical Services LLC. 827 Lincoln Ave. Unit B-11 west chester PA. usA 19380 o Coordination with the industrial customers (large gas users). o lnstallation of heavy equipment such as aqueous parts washers, dual-energy furnaces, heat treating furnaces, and molten metal mixers. Fire Sentry Corporation, a Manufacturer of Electro-Optical Flame Detection Systems, as Technical Sales Manager and Director of Sales & Marketing. Responsibilities include but not limited to providing application assistance to clients, maintaining the large OEM accounts and establishing new manufacturer's Representatives and Distributors throughout the world. Also assisting the Engineering Department with design and development of new products \-, Northwest Electrical Services LLC Key Staff Profiles Len Malloy Business Unit Leader - Engineering Northwest Electrical Services LLC, 827 Lincoln Ave. Unit B-11 West Cheste. PA. USA 19380 Experience Summary: A Senior Executive with more than 30 years experience in the Energy Utility Business. Qualifications: MSC Electrical Power Engineering, MBA Experience: . Various Engineering positions with Scottish Power plc Edinburgh Scotland o District Maintenance and Construction Engineer o Operations, test and Protection Engineer o Design and Development Enginee o Computer Applications Engineer . Engineering and Management at Bermuda Electric LiBht Company o Electrical Engineer Transmission and Distributlon o Senior Electrical Engineer, EnBineerinB and PlanninB o Senior ManaBer, Transmission and Distribution o Senior ManaBer, EnBineering and Planning o Senior Vice President, Transmission and Distribution o Senior Vice President, Operations Group includinB Generation, transmission and Distribution and Operations Center. . 2OO9 AEIC Power Delivery 1n Vice Chair . lnternational Representative of the lMechE . Fellow, Board member and Council representative of institution of Electrical Engineers (lEE) - now IET Northwest Electrical Services L[C Key Staff Profiles K. Lythgoe Business Unit Leader - Commissioning Northwest Electrical Services L[C. 827 Lincoln Ave. Unit B-11 West Chester PA. USA 19380 Experience Summary: Extensive electricalexperience in operations, maintenance and commissioning including Fire and Gas Systems particularly in the Oil and Gas Sector. Qualifications: Licensed Electrica I Journeyman, NICET tevel 3 Fire Alarm System,_NICET level 2 Special Hazards Suppression Systems, Certified Lvl 1 lnfrared thermographer, Solid State Protective Relay Technician, Certified Substation Relay Maintenance Technician, Certified Substation Maintenance Technician, State of Alaska Fire System Permit 1B and 3B, Tower climbing certification Expe.ience: Electrical Apprentice / Journeyman in Residential and Commercial lnstallations including: o lnstallation of power, control and communication systems. o Programming smart llghting systems and P.A. systems. o lnstallation of Nurse call, communication, and power systems. o lnstalled Hospital surgery room equipment. o Remodeled finish work on new Airport terminal. lnstall new switchgear and reefed tenant improvements. Electrician - Houston NANA included installation of cathodic test stations, anode flex and rewire pump controls for BWT Basin Electrical Technician - Norcon Electric. lnstall main switchgear, FCO, testing using Hypot, last duties included FCO lead of fire alarm system. Terminated telephone interties, and checked out FM 200 fire suppression system. Electrical Foreman - Houston Nana. Reports, M.S. project, timesheets. Running a 6 man Crew, and scheduling. My crew installed U.P.S. power systems at O.C.C., installed new fire alarm systems, and modified H.V.A.C, systems, performed FCO and commissioning of ryB leak detection interconnects Electrical Technician - Alyeska Pipeline Service Company. power Generation maintenance as well as distribution electrical systems from Medium voltage to DCS and control systems. Perform maintenance on Protective relay and power generation gear and power distributed systems including transformers, switchgear, and rotating equipment. perform instrument calibration. Perform maintenance on variable Frequency Drives. performing installation and Maintenance on Fire Alarm and Suppression systems. Lead ElectricalTechnician / Step-up Supervisor Alyeska pipeline Service Company. ManaginB work flow with crew, scheduling, work time estimates. coordinate outage based maintenance. Manage lnstrument and Electricalduties, facilitate Maintenance meetings with Executive management. ff Northwest Electrical Services LLC Key Staff Profiles K. Lythgoe Business Unit Leader - Commissioning Northwest Elect.ical services LLc. 827 lincoln Ave. Unit B-11 West Chester PA. USA 19380 . Electrification / Automation pro.iect Lead Pump station 3/9, Alyeska Pipeline Service Company. Manage lnstrument, Mechanical, and Electrical Duties. Organize work schedule, scheduling and respond to priority problems with the new proiect equipment. . Fire Alarm Design Engineer, Alyeska Pipeline Service Company. Performing design work for Pump Station Building Fire Alarm and Suppression systems. N S; Northwest Electrical Services LLC Key Staff Profiles D. Woodke Business Unit teader - Construction Northwest Electrica! Services tLC. 827 Lincoln Ave. Unit B-11 West Chester PA. USA 19380 Experience Summary: Extensive electrical experience in operations, maintenance and commissioning particularly in the Oil and Gas Sector. Qualifications: Licensed Electrical Journeyman, Superintendent. Experience: . ElectricalConstruction,VECOAlaska o LSEOR Fabrication - Fabrication Shop / MIX Project - Port of Anchorage / Electrical Maintenance - Milne Point (North Slope) o lnstallation of new 480volt MCC 5KV Switchgear PLC all associated power; instrumentation wiring - Red Dog Alaska o Production Heaters; Construction of gas condensate module to include installation and termination of 5KV motor and associated 480 volt equipment - Anchorage Alaska o Relocation and Startup of Frame 5 Turbine Generator to include Underground Utilities and associated power equipment (Nikiski Co-Gen Project). o lnstallation and Testing for all MCC's, UPS Systems, Lighting Panels, 5KV Switchgear, with all associated Wiring and Terminations (North Star lsland). lnstallation of Electrical Equipment, Switchgear, MCC units (North Star Module Fabrication). o Module Fabrication of VFD Modules, including setting of Transformers and VFD Drives, installation, testing terminations of associated cables. o lnstallation, Termination and Testing of 34.5KV Cable, Transformers, MCC's, Pumps, Motors, and PLC's for new Processing Facility (Forest Oil Project). o Fabrication and lnstallation of Cable Trays, Power and lnstrument Cables, Termination of all equipment associated with two Solar Turbines used with Black Start (Alpine Field). o Fabrication of 2 Fuel Gas Modules, REIM Module, and Stabilizer Module for Alpine Oil Field. REIM Module for Beluga. Chiller Module for NorthStar lsland. lnstallation and all associated wiring of 480V MCC, Fire Alarm System, all Lighting and Small Power, and Process Controls and lnstrumentation. . Electrical Construction - NanaPacific, Umm Qasr, lraq - Substation, o Training and overseeing a workforce of 30 lraqis - installation and wiring of the following: 11kv switchgear,2O4v 1 phase UPS system, 125vdc battery charger, battery bank, and distribution panel to support MV switchgear control circuits. o lnstallation of new grounding system, fire alarm system, 11kv/400v transformer and new 440v switchgear. o Modifications to existing Substation to accommodate new equipment. - Northwest Electrical Services LtC Key Staff Profiles D. Woodke Business Unit Leader - Construction Northwest Electrical Services LLC. 827 Lincoln Ave. Unit B-11 West Chester PA. USA 19380 o New Warehouse perimeter lighting: installation and wiring; duties to include setting and wiring 4 new 11kv/400v transformers, and 400v switchgear . Electrical Construction - CH2MHILL, Prudhoe Bay Alaska o Fabrication and installation of Pigging Modules, VFD Modules, Generator Modules, Remote Electricaland lnstrumentation Modules. Duties included ordering material, schedule with other crafts/contractors, and assist with engineering construability reviews. Supervise and assist with installation of all instrumentation, 15kv switchgear, Lighting, Fire Alarm systems, UPS systems, supervise the construction and installation of PLC and other types of Control Panels. o Supervise and assist 120 electricians with the construction of a new oil field for ENl. Duties included installation of over 30 Truckable Modules and 2 Sea lifts. lnstalled cable tray and all associated interconnecting cables to include terminations from 34.5kv - 4.2Oma.lnstallation and terminations of Heat Trace and associated power cables. Assisted in the Functional Checkout of several systems to include the 34.5kv, Heat Trace, and HVAC. Assisted in the installation and testing of the Fire Alarm Systems. \-. Northwest Electrical Services LLC Key Staff Profiles F. McNeill Business Unit Leader - Construction Northwest Electrical Services LLC. 827 Lincoln Ave. Unit B-1l West Chester PA. USA 19380 Experience Summary: Extensive electrical experience in construction for a variety of industries. Qualifications: Licensed Electrical Journeyman, Licensed Master Electrical Contractor, Level lll QA/QC lnspector, Electrical, ASM E NQA-l, ANSI N45,2.23,10 CFR50 Appendix B - Certificate of Training a nd Examination of Nuclear Lead Quality Auditor Train inB Experience: . QA/QC Electrical lnspector - Teng & Associates - Task Force Power, Bagram Air Base, Camp Leatherneck and Camp Delaram, Afghanistan o lnspect all new construction and existing facilities to National Electrical Code 2008 edition o ldentify deficiencies and classify them as per requirements o Through proper documentation and procedures report findings to the engineers and military o Compile percentages of other inspection team's documented reports to QA/QC their inspections o Responsible for Lock out/Tag out during team inspections \- . Master Electrician - RMS (Readiness Management Support) IAPWS - Camp Taji, lraq o Security level: Secret Clearance (Received in 2009 is good for 10 years) o Supervised and Trained TCN'S (Third Country Nationals) and LN's (Local Nationals) o QA/QC inspecting of electrical systems for National ElectricalCode compliance identifying and documenting noncompliant installations, alonB with supervising or performing repairs as needed o Worked with the EnBineering Department to field engineer & design layouts for making the control wiring diagrams (CWD'S); assisted in the desiBn of the controls for a 3.6 meBa watt expansion to integrate with an existing 43 mega watt power plant for 11 KV prime power distribution o Other responsib ilities to the expansion were to oversee the control wiring and perform commissioning, testing and startup to assist power plant operations o Performed and/or supervised Lock out/Tag out for the duration of the pro.iect . Master Electrician - KBR - Camp Victory, Baghdad, lraqo Foreman overseeing 28 to 30 electricians; EXPAfs (Americans), TCN's (Third Country Nationals), and [N's (Local Nationals) o Evaluate electrical systems and structures for proper wiring and use of electrical equipment (switch gear, panel boards, transfer switches, generators, prime power, etc. and inspect for National Electrical Code compliance o Supervise and direct installations and/or repairs to noncompliant installations o Oversee that all maintenance, service, O&M, repairs and inspections are expedited per government contract o Oversee installation of diesel power generation for stand alone power as well as for back up power through manual or automatic transfer switches to prime power (11kv) for mission critical facilities n \- Northwest Electrical Services LIC Key Staff Profiles F. McNeill Business Unit leader - Construction Northwest Electrical Services LLC. 827 Lincoln Ave. Unit B-11 West Chester PA. USA 19380 o Developed and wrote procedures for testing, commissioning, and start up performed at completion of all projects . Electrician Foreman - Shaw Group - Allen Steam Station, Belmont, NC o Responsible for terminating and testing of loop's, DCS's, VFD's, MOV's, PLC's, 480V MCC's, low, medium, and high voltage switchgear and transformers o Walked down systems to verify on schedule and proper completions o Assisted foreman with leading a crew of 10 to 12 electricians. Electrician Foreman - Shaw Group - Belews Creek Steam Station, Belews, NC o Foreman overseeing a crew of 10 to12 electricians verifying proper termination and testing of loop's, DCS's, VFD's, MOV's, PLC's,480V MCC's, low, medium, and high voltage switchgear and tra nsformers o Responsible for making sure all prints, loop's, and procedures were up dated with the most current revision as well as the work being performed and systems completed to the most current revisions o Proper completion of all system packages on schedule o Performed and was responsible for lock out / tag out (LOTO) for the project \- . QA/QC - Level ll & Level lll Electrical lnspector - Daniel Construction Company - Shearon Harris Nuclear Power Plant - Apex, NC o Performed inspections in certification areas to ensure that quality of construction met or exceeded drawings, specifications, procedures and code criteria o Coordinated construction and inspection activities with supervisory level personnel o Provided Area Engineer with input in conjunction with field problem resolution o Reported disparities in conformance and exercised "stop work authority" in instances of potential jeopardy to quality o Assisted Level I and Trainee lnspectors with design document review o Conducted on-the-job and cross-training for newly assigned personnel as well as formal classroom presentation of design document instruction o Provided interpretation and clarification of drawings and other design documents and ensured proper revisions were used for inspection purposes o lnspecting, monitoring and documenting critical installations in progress, completed systems and allcomponents associated with the systems. \-, BUSINESS CODE OF CONDUCT POLICY Rev.0 - Sept. 30, 2009 Rev.1-August27,2O1O Rev.2-Sept.4,20LI Rev.3-Sept.1O,2OL2 Northwest Electrical Services LLC "LIVING OUR CREDO'' Nodhwest Electrical Servrces LLC has established a code of conduct for all employees and managers. ln a world of global economics all businesses are faced with increased competitiveness and increased exposure through a vartety of communication media. The intent of this policy is to guide all our employees and stakeholderc as to fhe conduct required when representing our organization, so that honesty and faimess to each other and our clients prevail. Our reputation to deliver fair value to our clients is our greatest asset Statement of Our Core Values Company Vision Northwest Electrical Services LLC will always meet our commitments. Values Excellence - We are committed to world-class customer service and quali$ as we excel for the mutual success of our clients, employees, and partners. Our professionals are customer-driven and continually add value to our services whenever it benefits our clients. We are committed to working toward continual improvement in everything we do. Honesty and lntegrity - Our business is based on long-term relationships that require utmost trust. We require honesty and integrity in everything we do. We are accountable to our customers, owners, suppliers, and fellow employees. We do what we say we are going to do. lnnovation - We always think outside the box to provide the best solutions for our clients. Our best solutions often evolve from discussions across different divisions and with our many strategic partners. Teamwork - We realize that every employee is integral to the success of the company and strive to promote teamwork across divisional lines for the benefit of our customers. We also value our relationships with our strategic pa(ners and recognize their importance in delivering solutions to our customers. Mission The company's mission is to continue providing high quality, integrated and cost effective solutions and services for industry focused on understanding and supporting the needs of our customers, employees and suppliers through: . Excellent customer service. Technical expertise. Safety. Quality. Value Build Trust and Credibility The success of our business is dependent on the trust and conlldence we earn from our employees, customers and shareholders. We gain credibility by adhering to our commitments, displaying honesty and integrity and reaching company goals solely through honorable conduct. lt is easy to say what we must do, but the proof is in our actbns. Ultimately, we will be judged on what we do. When considering any action, it is wise to ask: will this build trust and credibility for Northwest Electrical Services LLC? Will it help create a working environment in which Northwest Electrical Services LLC can succeed over the long term? ls the commitment I am making one I can follow through with? The only way we will maximize trust and credibility is by answering "yes" to those questions and by working every day to build our trust and credibility. Respect for the lndividua I We all deserve to work in an environment where we are treated with dignity and respect. Northwest Electrical Servrces LLC is committed to creating such an environment because it brings out the full potential in each of us, which, in turn, contributes directly to our business success. We cannot afford to let anyone's talents go to waste. Northwest Electrical Services LLC is an equal employment and is committed to providing a workplace that is free of discrimination of all types from abusive, offensive or harassing behavior. Any employee who feels harassed or discriminated against should repo( the incident to his or her manager or to human fesoufces. Create a Culture of Open and Honest Communication At Northwest Electrical Services LLC everyone should feel comfortable to speak his or her mind, particularly with respect to ethics concerns. Managers have a responsibility to create an open and supportive environment where employees feel comfortable raising such questions. We all benefit tremendously when employees exercise their power to prevent mistakes or wrongdoing by asking the right questions at the right times. Northwest Electrical Services LLC will investigate all reported instances of questionable or unethical behavior. ln every instance where improper behavior is found to have occurred, the company will take appropriate action. We will not tolerate retaliation against employees who raise genuine ethics concerns in good faith. Employees are encouraged, in the first inslance, to address such issues with their managers or the HR manager, as most problems can be resolved swiftly. lf for any reason that is not possible or if an employee is not comfortable raising the issue with his or her manager or HR, Northwest Electrical Services LLC's General Manager or Operations Manager (the Executive) does operate with an open-door policy. Set Tone at the Top Management has the added responsibility for demonstrating, through their actions, the importance of this Code. ln any business, ethical behavior does not simply happen; it is the producl of clear and direct communication of behavioral expectations, modeled from the top and demonstu ated by example. Again, ultimately, our actions are what matters. To make our Code work, managers must be responsible for promptly addressing ethical questions o[ concerns raised by employees and for taking the appropriate steps to deal with such issues. Managers should not consider employees' ethics concerns as threats or challenges to their authority, but rather as another encouraged form of business communication. At Northwest Electrical Services LLC, we want the ethics dialogue to become a natural part of daily work. Uphold the Law Northwest Eleckical Services LLC's commitment to integrity begins with complying with laws, rules and regulations where we do business. Further, each of us must have an understanding of the company policies, laws, rules and regulations that apply to our specific roles. lf we are unsure of whether a contemplated action is permitted by law or Northwest Electrical Services LLC policy, we should seek the advice from the resource expert. We are responsible for preventing violations of law and for speaking up if we see possible violations. Competition We are dedicated to ethical, fair and vigorous competition. We will sell Northwest Electrical Services LLC products and services based on their merit, superior quality, functionality and competitive pricing. We will make independent pricing and marketing decisions and will not improperly cooperate or coordinate our activities with our competitors. We will not offer or solicit improper payments or gratuities in connection with the purchase of goods or services for Northwest Electrical Services LLC or the sales of its products or services, nor will we engage or assist in unlawful boycotts of particular customers. Proprietary lnformation It is important that we respect the property rights of others. We will not acquire or seek to acquire improper means of a competitor's trade secrets or other proprietary or confidential information. We will not engage in unauthorized use, copying, distribution or alteration of software or other intellectual property. Serectiye Disclosure We will not selectively disclose (whether in one-on-one or small discussions, meetings, presentations, proposals or otherwise) any material nonpublic information with respect to Northwest Electrical Services LLC, its securities, business operations, plans, financial condition, results of operations or any development plan. We should be particularly vigilant when making presentations or proposals to customers to ensure that our presentations do not contain material nonpublic information. Health and Safety Northwest Electrical Services LLC is dedicated to maintaining a healthy environment. A safety manual has been designed to educate you on safety in the workplace. lf you do not have a copy of this manual, please contact HR. Avoid Conflicts of lnterest Conflicts of lnterest We must avoid any relationship or activity that might impair, or even appear to impair, our ability to make objective and fair decisions when performing our jobs. At times, we may be faced with situations where the business actions we take on behalf of Northwest Electrical Services LLC may conflict with our own personal or family interests because of lhe course of action that is best for us personally may not also be the best course of action for Northwest Electrical Services LLC. We owe a duty to Northwest Electrical Services LLC to advance its legitimate interests when the opportunity to do so arises. We must never use Northwest Electrical Services LLC property or information for personal gain or personally take for ourselves any oppo(unity that is discovered through our position with No(hwest Electrical Services LLC. Here are some other ways in which conflicts of interest could arise: 1. Being employed (you or a close family member) by, or acting as a consultant to, a competitor or potential competitor, supplier or contractor, regardless of the nature of the employment, while you are employed with Northwest Electrical Services LLC. 2. Hiring or supervising family members or closely related persons. 3. Serving as a board member for an outside commercial company or organization. 4. Owning or having a substantial interest in a competitor, supplier or contractor. 5. Having a personal interest, financial interest or potential gain in any Northwest Electrical Services LLC transaction. 6. Placing company business with a lllm owned or controlled by a Northwest Electrical Services LLC employee or his or her family. 7. Accepting gifts, discounts, favors or services from a customer/potential customer, competitor or supplier, unless equally available to all Northwest Electrical Services LLC employees. Determining whether a conflict of interest exists is not always easy to do. Employees with a conflict of interest question should seek advice from management. Before engaging in any activity, transaction or relationship that might give rise to a conflict of interest, employees must seek review from their managers or the HR department. Gifts, Gratuities and Business Courtesies Northwest Electrical Services LLC is committed to competing solely on a merit of our products and services. We should avoid any actions that create a perception thal favorable treatment of outside entities by Northwest Electrical Services LLC was sought, received or given in exchange for personal business courtesies Business courtesies include gifts, gratuities, meals, refreshments, entertainment or other benefits from persons or companies with whom Northwest Electrical Services LLC does or may do business. We will neither give nor accept business cou(esies that constitute, or could reasonably be perceived as constituting, unfair business inducements that would violate law, regulation or polices of Northwest Electrical Services LLC or customers, or would cause embarrassment or reflect negatively on Northwest Electrical Services LLC's reputation. Ac c epti ng Business Courtesies Most business courtesies offered to us in the course of our employment are offered because of our positions at Northwest Eleckical Services LLC. We should not feel any entitlement to accept and keep a business courtesy. Although we may not use our position at Northwest Electrical Services LLC to obtain business courtesies, and we must never ask for them, we may accept unsolicited business courtesies that promote successful working relationships and good will with the firms that Northwest Electlical Services LLC maintains or may eslablish a business relationship with. Employees who award contracts or who can influence the allocation of business, who create specillcations that result in the placement of business or who participate in negotiation of contracts must be padicularly careful to avoid aclions that create the appearance of favoritism or that may adversely affect the company's reputation for impartiality and fair dealing. The prudent course is to refuse a courlesy from a supplie[ when\- Northwest Electrical Services LLC is involved in choosing or reconfirming a supplier or under circumstances that would create an impression that offering courtesies is the way to obtain Northwest Electrical Services LLC business. Meals, Refreshments and Entertainment We may accept occasional meals, refreshments, entertainment and similar business cou(esies that are shared with the person who has offered to pay for the meal or entertainment, provided that: . They are not inappropriately lavish or excessive. . The courtesies are not frequent and do not reflect a pattern of frequent acceptance of courtesies from the same person or entity. . The courtesy does not create the appearance of an attempt to influence business decisions, such as accepting courtesies or entertainment from a supplier whose contract is expiring in the near future. . The employee accepting the business courtesy would not feel\- uncomfortable discussing the courtesy with his or her manager or co- worker or having the courtesies known by the public. Gifts Employees may accept unsolicited gifts, other than money, that conform to the reasonable ethical practices of the marketplace, including: . Flowers, fruit baskets and other modest presents that commemorate a special occasion. . Gifts of nominal value, such as calendars, pens, mugs, caps and t-shirts (or other novelty, advertising or promotional items). Generally, employees may not accept compensation, honoraria or money of any amount from entities with whom Northwest Electrical Services LLC does or may do business. Tangible gifts (including tickets to a sporting or entertainment event) that have a market value greater than $100 may not be accepted unless approval is obtained from management. Employees with questions about accepting business courtesies should talk \- to their managers or the HR department. Otteri ng B u si ness Courtesies Any employee who offers a business courtesy must assure that it cannot reasonably be interpreted as an attempt to gain an unfair business advantage or otherwise reflect negatively upon Northwest Electrical Services LLC. An employee may never use personal funds or resources to do something that cannot be done with Northwest Electrical Services LLC fesources. Accounting for business courtesies must be done in accordance with approved company procedures. Other than to our government customers, for whom special rules apply, we may provide nonmonetary 9ifts (i.e., company logo apparel or similar promotional items) to our customers. Further, management may approve other courtesies, including meals, refreshments or entertainment of reasonable value, provided that: . The practice does not violate any law or regulation or the standards of conduct of the recipient's organization. . The business courtesy is consistent with industry practice, is infrequent in nature and is not lavish. \- . The business courtesy is properly reflected on the books and records of Northwest Electrical Services LLC. Set Metrics and Report Results Accurately Ac c u rate P u bl ic Discrosures We will make certain that all disclosures made in flnancial reports and public documents are full, fair, accurate, timely and understandable. This obligation applies to all employees, including all financial executives, with any responsibility for the preparation for such reports, including drafting, reviewing and signing or certifying the information contained therein. No business goal of any kind is ever an excuse for misrepresenting facts or falsifying records. Employees should inform Executive Management and the HR department if they learn that information in any filing or public communication was untrue or misleading at the time it was made or if subsequenl information would affect a similar future filing or public communication. Corporate Recordkeeping We create, retain and dispose of our company records as part of our normal course of business in compliance with all Northwest Electrical Services LLC policies and guidelines, as well as all regulatory and legal requirements. All corporate records must be true, accurate and complete, and company data must be promptly and accurately entered in our books in accordance with Northwest Electrical Services LLC's and other applicable accounting principles. We must not improperly influence, manipulate or mislead any unauthorized audit, nor interfere wilh any auditor engaged to perform an internal independent audit of Northwest Electrical Services LLC books, records, processes or internal controls. Promote Su bstance Over Form At times, we are all faced with decisions we would rather not have to make and issues we would prefer to avoid. Sometimes, we hope that if we avoid confronting a problem, it will simply go away. At Northwest Electrical Services LLC, we must have the courage to tackle the tough decisions and make difficult choices, secure in the knowledge that Northwest Electrical Services LLC is committed to doing the right thing. At times this will mean doing more than simply what the law requires. Merely because we can pursue a course of action does not mean we should do so. Although Northwest Electrical Services LLC's guiding principles can not address every issue or provide answers to every dilemma, they can dellne the spirit in which we intend to do business and should guide us in our daily conduct. Accountability Each of us is responsible for knowing and adhedng to the values and standards set forth in this Code and for raising questions if we are uncertain about company policy. lf we are concerned whether the standards are being met or are aware of violations of the Code, we must contact the HR department. \- Northwest Electrical Services LLC takes seriously the standards set forth in the Code, and violations are cause for disciplinary action up to and including termination of employment. Be Loyal Confidential and Proprietary lnformation lntegral to Northwest Electrical Services LLC'S business success is our protection of confidential company information, as well as nonpublic information entrusted to us by employees, customers and other business partners. Confidential and proprietary information includes such lhings as pricing and financial data, customer names/addresses or nonpublic information about other companies, including current or potential supplier and vendors. We will not disclose confidential and nonpublic information without a valid business purpose and proper aulhorization. Use of Company Resou/ces Company resources, including time, material, equipment and information, are provided for company business use. Nonetheless, occasional personal use is permissible as long as it does not affect job performance or cause a disruption to the workplace. Employees and those who represent Northwest Electrical Services LLC are trusted to behave responsibly and use good judgment to conserve company resources. Managers are responsible for the resources assigned to their departments and are empowered to resolve issues concerning their prope[ use. Generally, we will not use company equipment such as computers, copiers and fax machines in the conduct of an outside business or in support of any religious, political or other outside daily activity, except for company- requested support to nonprofit organizations. We will not solicit contributions nor distribute non-work related materials during work hours. ln order to protect the interests of the Northwest Electrical Services LLC network and our fellow employees, Northwest Electrical Services LLC reserves the right to monitor or review all data and information contained on an employee's company-issued computer o[ electronic device, the use of the lnternet or Northwest Electrical Services LLC'S intranet. We will not tolerate the use of company resources to create, access, store, print, solicit or send any materials that are halassing, threatening, abusive, sexually explicit or otherwise offensive or inappropriate. Questions about the proper use of company resources should be directed\- to your manager. Media lnquiries Northwest Electrical Services LLC employees may be approached by reporlers and other members of the media from time to time. ln order to ensure that we speak with one voice and provide accurate information about the company, we should direct all media inquiries to HR or the Executive. No one may issue a press release without first consulting with the Executive. Do the Right Thing Several key questions can help identify situations that may be unethical, inappropriate or illegal. Ask yourself: . Does what I am doing comply with the Northwest Electrical Services LLC guiding principles, Code of Conduct and company policies? . Have I been asked to misrepresent information or deviate from normal procedure? . Would I feel comfortable describing my decision at a staff meeting? . How would it look if it made the headlines? . Am I being loyal to my family, my company and myself? . What would I tell my child to do? . ls this the right thing to do? lnformation and Resources General Manager John S. Blizman - iblizman@nwelec.com, 1-877-336-3539 Operations and Safety Manager Mark C. Wray - mwrav@nwelec.com, 1-877-336-3539 Human Resources T. DeSilva - tdesilva@nwelec.com, 1-877-336-3539 \- ENVIRONMENTAL POLICY Rev. 0 - Sept. 30, 2009 Rev.1-August27,2O7O Rev.2-Sept.4,zotl\-. Northwest Electrical Services LLC Northwest Electrical Services LLC is fully committed to meeting its \- customers'needs in a manner consistent with a clean environment. We believe it is both good business practice and our duty to protect the natural and cultural resources of the clients and communities we serve. In keeping with this belief, it is our policy to conduct our business in an environmentally responsible manner that protects the public, our employees, and the earth that we all share. In addition to complying with all applicable environmental laws and regulations, we commit to: . Make environmental concerns an integral part of our planning and decision making process and commit sufficient resources to implement effective environmental programs,. Practice sound environmental stewardship of all company-owned facilities and properties and all natural and cultural resources under our management.. Educate employees to be accountable for environmental stewardship and encourage them to seek innovative ways to improve the environmental aspects of our operations.. Avoid, minimize, and mitigate any adverse environmental impacts caused by our operations where possible. Maintain open channels of communication with our customers,\-- employees, government agencies, public officials, the media and the public to meet their information needs in regard to energy and environmental issues.. Participate with government agencies and others in framing responsible laws, regulations and standards affecting the community, the workplace and the environment.. Continually improve our environmental programs.. Promote the efficient use of energy and natural resources through cost-effective conservation and energy management pro9rams.. Ensure the proper handling and disposal of all wastes, and minimize their creation while pursuing opportunities to prevent pollution and recycle and reuse waste materials.. Support research and development of programs and technologies aimed at minimizing the environmental impacts of ou r operations.. Evaluate our environmental performance through periodic reviews and audits to ensure that our conduct is consistent with these principles. EXHIBIT C SCHEDULE OF WORK 13 BIDDER'S PROPOSAL FOR ALLISON TURBINE CONTROL SYSTEM UPGRADE BID ITEM # DESCRIPTION QUANTITY NEEDED BY CITY Gost 1 Mobilization and Demobilization 1 Included Item 1 I 2 Design & Engineering A. Review existing protection and control drawings. B. Design a new protection, control, metering and automation control system. C. New drawings of controls and interconnection to existing facilities. 1 $71,535.04 3 Protection & Relays SCADA Ready lncludes all engineering and design (Refer to Part ll Special Provisions - Specific to this Project) A. All protective devices to be replaced with SEL-700GT auto sync relay. B. lncorporate existing SEL-300G as part ofthe new protection scheme. C. Engage services of Schweitzer Engineering Services to provide all programing and testing for the SEL-700GT relay including relay setting calculations and testing all relay elements used as part of the relay scheme. E. Communication interface to be SCADA ready 1 $16,541.45 4 Voltage Control lncludes all engineering and design (Refer to Part ll Special Provisions - Specific to this Project) A. Existing controls replaced with Basler Digital Excitation Control System which includes, but is not limited to the voltage regulator, power factor controller and diode protection unit. B. Replace the existing synchronizer and utilize the auto synchronizer on the SEL-700GT Relay. C. Remove all analog gauges and meters on panel and replace with new gauges and meters on the new control cabinet. 1 $29,067.46 5 Fue! Control lncludes all engineering and design (Refer to Part ll Special Provisions - Specific to this Project) New engine analog gauges shall be installed including the following; NL Gas Generator, N2 Power Turbine and Measured Gas Temperature (MGT). The fuel control shall be bid out for the options below: A. Remove and send the existing Precision Engine Controls Corporation (PECC) PECC-TCSD to the manufacturer for a health check and new cards purchased. B. Remove and send the existing PECC-TCSD to the manufacturer for a health check and card upgrades. C. Remove the existing PECC-TSD to the manufacturer for a health check, card upgrades and a full set of spares. 1 $45,145.59 D. Remove the existing PECC-TCSD and install a new PECC-TCSD or City approved equivalent. 6 Unit Sequencing Control lncludes all engineering and design (Refer to Part ll Special Provisions - Specific to this Project) A. Retrieving all data, ladder logic codes and information from the existing GE PLC for the successful installation ofthe new PLC. B. Remove the existing PLC and replace with an Allen Bradley PLC for unit sequencing and monitoring of the skid, drive train and safety protection including but not limited to the following: o Turbine auxiliaries o Gearbox and associated auxiliaries . Generator and associated auxiliaries . Gas systems for leaks and monitoring C. Two new HMI's shall be installed to communicate with all devices. D. Replace existing temperature monitoring system of the MGT's. 7 $55,369.21 7 Control Cabinets lncludes all engineering and design (Refer to Part ll Special Provisions - Specific to this Project) A. Remove old cabinet and controls and replace with new cabinet and controls per this agreement. 1 $96,195.90 8 Remote Station lncludes all engineering and design (Refer to Part ll Special Provisions - Specific to this Project) A. lnstall remote control station in the control room per this agreement. 1 $t5,527.04 9 Misc. Equipment and Spare Parts A. Contractor shall supply all other equipment required for a turnkey project. B. Spare parts shall be listed and provided. C. Special tools shall be listed and provide. L $t9,166.76 10 Special Software and Applications Requirements A. Provide licensed and most updated applications. B. Hardware, software, driver, and applications licenses and manuals. C. Historical storage and retrieval/retrieval/trending of process values, events and alarms, with online data storage for up to three (3) years. D. Ensure ability to connect remotely for future integration and support. 1 $26,036.56 11 lnstallation and Commissioning Services A. Following the receipt of Notice to Proceed, coordinate a kick-off meeting with the City Project Management team to review conceptual L $2t2,939.6t \-. design and project work plan. B. Provide for Factory Acceptance Testing and reports. C. Furnish, deliver and install the configured and factory test accepted designed. D. Field test, commission and deliver including SEL Support during commissioning. E. Prior to project close out, provide all final documentation including but not limited to as-built drawings, user manuals, and system configurations. t2 Field Service and Training A. The Contractor shall provide field service to complete wiring. lnspection, testing and energization as long as needed. The Contractor shall engage services of Schweitzer Engineering Laboratories (SEL) Engineering Services to provide commissioning support for the SEL- 700GT relay. B. The Contractor shall provide two (2) weeks of hands- on training to City field and operation crews, as well as engineers, during the installation phase and at a later date shall provide at least one (1) week of classroom and other hands-on training to City field, operations and engineering personnel as a part of this contract. t $40,590.58 13 Maintenance and Technical Support Services A. Provide a three (3) year technical and software/hardware support within 24 hours respond and annual recertification services 1 $34,214.96 TOTAL Seez,ggo.ts BP.2 Undersigned Bidder agrees to commence work within 80 calendar days from the date of issuance of a Notice to Proceed and proposes and agrees to have all work completed 2 7 0 calendar days from the time the contract begins. Undersigned Bidder acknowledges receipt of the following addenda issued for the above project. If no addenda have been received, write "none". FAILURE TO ACKNOWLEDGE RECEIPT OF ANY ADDENDA ISSUED WILL RENDER THE CONTACTOR'S BID NON.RESPONSIVE. List of addenda Received: Addendum 1, Addendum 2 PLEASE SEE PART I SEfiON 2.0I,3 REOUIRED FORMS. Bidder shall execute the following (Appendix "A"): paoe Ciw of Vernon. Bidder's Proposal Respectfully Submitted, 1. Identity Confirmation 2. Subcontractor Listlng 3. Affidavit of Non-Collusion 4. Living Wage Compliance Certification 5. Certificate of Equal Opportunify Practices BP-(a) BP-(b) BP-(c) BP-(d) FORMS AA-1,2,3 TO NOTICE TO PROCEED DATE AS PER (If a Bidder is a corporation, it's seal must be impressed hereon) California State Contractor's License No. OBTAINED PRIOR Addendum 1 Glifornia Corporation No.Not Applicable Authorized Signato BP-3 EXHIBIT D LIVING WAGE PROVISIONS Minimum Livinq Wases: 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. @..1Ul8!C!3@: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. 14 B. EXHIBIT E EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. 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. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. c D E. t3 RECEIVED JUN 2 I 20t5RECEI\f EE JUL 0 1 2015 CITY CLERt('S OFFICE STAFF REPORT HUMAN RESOURCES DEPARTMENT CITY ADMINIS TION DATE: TO: FROM: RE: July 7,2015 Honorable Mayor and City Council Teresa McAllister, Director of Human Resources Department Adoption of City of Vernon Personnel Policies and Procedures, Rest and Meal Breaks II-5 (new) and Reasonable Accommodation for Disabled Applicants and Employees III-5 (new) Recommendation A. Find that approval of the proposed personnel policy and procedures in this staff report 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 a significant effect on the environment; and B. Adopt the attached Personnel Policy and Procedures, Rest and Meal Breaks II-5 (new), Reasonable Accommodation for Disabled Applicants and Employees III-5 (new) and incorporate 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 policies to all employees. Background 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 Page I of2 clarity with respect to personnel policies, and promote effective communication among managers, supervisors, and employees. In furtherance of the City's good governance reform efforts, staff has presented the following revised policy for consideration by the City Council and adoption into the Personnel Policies and Procedures Manual: o Rest and Meal Breaks Policy II-5 (new) - The attached policy provides uniform guidelines for non-safety employee rest and meal breaks. o Reasonable Accommodation for Disabled Applicants and Employees Policy III-5 (new) - The policy attached defines the procedure and policy to make equitable, uniform, and timely decisions to assure that reasonable accommodations are provided to disabled applicants and employees of the City as required by the Americans with Disabilities Act (the "ADA"), the disability provisions of the California Fair Employment and Housing Act ("FEHA"), and other applicable laws. In accordance with the Meyers Milias-Brown Act, City staff participated in the meet and confer process on the above policies with the City's labor associations/unions as of June23,2015. As such, any agreed upon revisions have been incorporated into the attached policies. Fiscal Impact There is no fiscal impact to adopt the attached policies. Attachment(s) 1. Rest and Meal Breaks HR Policy II-5 2. Reasonable Accommodation for Disabled Applicants and Employees HR Policy III-5 Page2 of 2 City of Vernon, California Human Resources Policies and Procedures Director of Human Resources City Administrator Number: II-5 Effective Date: SUBJECT:REST AND MEAL BREAKS PURPOSE: To provide uniform guidelines for non-safety employee's rest and meal breaks. POLICY: 1. Meal Break - While there is no specific requirement for meal and break periods under state law that are applicable to City employment, the City encourages departments to provide employees a meal break of one-half (1/2) hour to one (1) hour for shifts of at least six (6) consecutive hours. Meal breaks shall generally be provided near the middle of a work shift, except where departmental scheduling requires modification in order to maintain services. Department heads are authorized to approve less than a one-hour meal break, as dictated by operational needs. The time allowed for meal breaks includes any travel time to and from the place where the meal break is taken. For field employees, meal breaks may be taken at off-site locations only if they can return to the job site within the designated time limit. A longer meal break may be approved by the department head where it is in the City's best interest for such an employee to attend a conference with another governmental agency, service club, luncheon meeting of a professional organization, or other meetings involving City business. ln order for a meal break to be added to the regular work schedule and not be counted as hours worked for non-exempt employees, an employee must be allowed a minimum one-half hour uninterrupted meal break. lf the meal break is allowed and not paid as part of the employee's regularly scheduled shift, the meal break shall be added to the normal work schedule. 2. Rest Breaks - All City employees shall be provided with a fifteen-minute rest break once during each four consecutive hour work period. The fifteen-minute break may be taken in conjunction with a half-hour (112) med break only when authorized by the employee's department head or designee. Compensatory time shall not be used to extend rest breaks. No break shall occur within one (1) hour of starting time, or quitting time unless special circumstances make this desirable, in which case prior approval shall be obtained from the employee's immediate supervisor. Where adequate on-site facilities exist, employees are required to use the areas and facilities provided ln the case of field employees, rest breaks are to be taken at the job site lf in transit between jobs, the break may be taken at the next job site. 3. Use of Citv Vehicles for Rest or Meal Breaks - City vehicles shall not be used to travel to business establishments or to a private residence for either rest or meal breaks, or to pick up food or beverages except under emergency or pre-approved conditions. The only exceptions are for: a. Public safety personnel in the Police and Fire Departments who are required to respond to emergency situations and where the public presence of these personnel is desirable as a deterrent, and b Employees on official City business with the department head's approval. No other exceptions to this policy shall be allowed unless special circumstances exist in which case the department head shall submit a recommended change or exception to the City Administrator for approval PROCEDURE: Responsibility Department Head Action 1 Supervisor 2 3. Provides rest and meal break schedules. Encourages the proper use of breaks. Schedules rest and meal breaks to meet the needs of particular work crews or units. Ensures that City employees use discretion while taking breaks, trying to present as favorable an image as possible to the public. Reviews periodically the break practices of employees to ensure compliance and to determine if changes in policy are needed to reflect new circumstances or 4. 5 2 6. Number: II-5 Effective Date: 07/06 needs. Recommends needed changes to the department head. Encourages employees to take their breaks on the premises, providing that: a. This practice does not detract from the appearance of the office to the public. b. This practice does not d istract fellow emp- loyees who are working. c. Exceptions to this practice are in accor- dance with Department policy. Ensures that rest breaks are taken at the job site or, if employees are in transit between jobs, at one ofthe job sites. Ensures that City vehicles are not used to travel to eating establishments to take a rest or meal break or to pick up food or beverages, except for emergency situations or pre- approved conditions. 7. Field Supervisor 8. 9. Approved: City of Vernon, California Human Resources Policy and Procedure Manual Director of Human Resources City Administrator Number: III-5 Effective Date: SUBJECT: REASONABLE ACCOMMODATION FOR DISABLED APPLICANTS AND EMPLOYEES PURPOSE: To make equitable, uniform, and timely decisions which will assure that reasonable accommodations are provided to disabled applicants and employees of the City as required by the Americans with Disabilities Act (the "ADA"), the disability provisions of the California Fair Employment and Housing Act ("FEHA"), and other applicable law. POLICY: A. Basic Obliqation It is the policy of the City of Vernon not to discriminate on the basis of disability against any qualified person. The City of Vernon continues to uphold its commitment of nondiscrimination in its employment practices by ensuring that qualified individuals with disabilities have equal access to employment opportunities available to non-disabled qualified individuals. As part of this effort, the City is obligated to make reasonable accommodation for the known disabilities of applicants and employees to enable them to perform a position's essential functions, as required by law. B. Definition of Reasonable Accommodation (1) Reasonable accommodation is an adjustment to job duties, performance methods, and/or work setting or service delivery to meet the individualized need of an applicant or employee with a disability (2) The provision of a reasonable accommodation removes barriers in a specific situation, which prevent or limit the application process, recruitment, employment or upward mobility of a qualified person with a disability, or prevents their participation in a program, activity or event. c. Number: III-5 Effective Date: Request for Reasonable Accommodation Employees may request reasonable accommodation to allow them to perform any or all essential functions of their job when they have a physical or mental impairment or medical condition that limits one or more major life activities. This impairment or medical condition may or may not be as a result of a work-related incident. This provision applies when the employee has such an impairment or medical condition, is regarded as having such an impairment or medical condition, has a history of having such an impairment or medical condition, or has an impairment or medical condition that requires special education or related services. It is the primary responsibility of an individual to request an accommodation. However, the City may initiate the reasonable accommodation interactive process without an employee's request if the City: (1) knows that the employee has a disability, (2) knows, or has reason to know, that the employee is experiencing workplace problems because of the disability, and (3) knows, or has reason to know, that the disability prevents the employee from requesting a reasonable accommodation.. When a supervisor is made aware of a request for accommodation or believes, based on reasonable information, that an accommodation may be necessary, the supervisor must contact Human Resources immediately. A request for accommodation does not have to use the term "reasonable accommodation." Human Resources will work with the supervisor and management to process the accommodation request or situation. The City's Employment Application shall include a statement indicating that the City shall consider any request for reasonable accommodation made by an applicant. Necessarv lnformation An individual seeking reasonable accommodation has the responsibility to understand his or her own physical or mental condition well enough to present the City at the earliest opportunity with a specific list of limitations/restrictions that must be met to achieve reasonable accommodation. Requests for reasonable accommodation may be made orally or in writing, and must provide the following information: o The type of accommodation requested; . An explanation of the limitation for which the accommodation is needed; and o A description of how the accommodation will allow the individual to perform the essential functions of his/her job. Where the accommodation request is unclear or its need is not obvious, the City may request that the individual document the need for the accommodation requested. The City's authorized designee may not request specific medical diagnosis information to determine whether the individual is disabled, but verification of the disability by the requester's physician or medical provider may be required. The City may ask the individual about work tasks that he or she cannot perform 2 D. Number; III-5 Effective Date: because of the disability, the individual's performance limitations due to the disability, and any limitations that impact the health or safety of the individual, other workers, or the public. lf necessary, the City's authorized designee may seek the consent of the individual to communicate directly with the individual's medical provider. Such communication requires written consent of the individual. Any request by the City for medical records shall be limited to establishing that the employee has a disability which requires reasonable accommodation. lf an individual fails to submit information that is legally requested by the City and necessary for the City to process the accommodation request, then the City will be unable to determine what, if any, reasonable accommodation is available. lf an individual requesting accommodation does not provide sufficient documentation from his or her medical provider and continues not to do so after the City requests such documentation, the City may require the individual to undergo a medical examination which is job-related, consistent with a business necessity, and to determine whether the individual can perform the essential functions of the position with or without reasonable accommodation. E. Determininq the Reasonable Accommodation While processing a request for accommodation, Human Resources in collaboration with the relevant Department shall: 1. Consult with the disabled individual in a timely and good faith interactive process to identify the individual's precise job-related limitations resulting from the disability, including the task or work environment factors that prevent the individual from performing the duties of the position. Employees will be advised that they may include third persons, such as friends, family, union representatives or attorneys, to assist them in the interactive process. The City retains the right to use in-house staff or consultant services to perform the interactive process. 2. Analyze the position in question, including determining whether the job description is accurate or complete, and determine the position's essential functions. 3. Consult with the individual to identify potential accommodations and assess their feasibility and their effectiveness in enabling the individual to perform the essential functions of the position. 4. Consider the individual's preference and select an accommodation that is reasonable for both the City and the employee. The City retains the discretion to choose among various effective accommodations. 5. Within ten (10) working days of receipt of all necessary information and Number: III-5 Effective Date: documentation, the Human Resources Department will notify the individual of the decision to grant, deny, or modify the request. lf the request is approved, Human Resources will notify the requester and make the necessary implementation arrangements. lf additional medical verification or information is required, the review process and time frames are suspended until the requested information is received. 6. Because of the personal nature of some disability issues, every reasonable effort should be taken to ensure confidentiality during the review process. Supervisors and managers who need to know may be told about functional limitations and necessary restrictions on the work or duties of the employee and about the necessary accommodation(s), but medical information regarding the condition itself should only be disclosed if absolutely necessary. Typical accommodations include improving access to workplace facilities, physically altering workplace facilities, modifying or providing certain equipment or devices, reallocating non-essential job duties, altering work schedules, reassignment to a vacant position, temporary modified duties, leave of absence, or modifying tests or training materials. Whether any of these accommodations is reasonable depends on the specific disability limitations and position in question. The City is not obligated or required to create a new job, displace another employee, or violate established seniority or related systems in order to reasonably accommodate a disabled individual. F. When Accommodation Not Required A review of a situation may determine that reasonable accommodation cannot be made because one or more of the following: 1. The individual's condition is not a disability under the ADA and FEHA. 2. The individual's condition does not result in limitations that prevent the individual from performing the essential duties of his or her position. 3. No accommodation is available that is reasonable. 4. The accommodation would create an undue hardship on the City; an accommodation poses an undue hardship when it requires significant difficulty or expense. 5. Allowing the disabled individual to work would create a direct threat to the health or safety of the individual, other workers, or the public, and such threat cannot be eliminated or reduced by reasonable accommodation. 6. The individual failed to submit information legally requested by the City and necessary for the City to process the accommodation request. G. Number: III-5 Effecth)e Date: Appeal An employee denied a reasonable accommodation may appeal such a decision through the applicable grievance procedure. Parties may mutually agree to waive the steps of the grievance procedure. Complaint Any acts of unlawful discrimination should be promptly reported to the department head or to the Human Resources Director. All complaints will be investigated pursuant to the Cig's discrimination and harassment free workplace policy. PROGEDURE: Responsibility Disabled Applicant or Employee Human Resources Department Human Resources Department Department Action Requests reasonable accommodation either by completing the Request for Reasonable Accommodation form or in some other manner. Makes contact with known disabled individual. Determines whether the individual has provided the necessary information, and takes any necessary and permissible action to obtain such information, as described in Section D of this policy. With respect to applicant, continues to monitor the selection process, after an eligibility list has been certified to the hiring authority, to ensure that candidates with disabilities are not eliminated because of the disability. With respect to applicant, makes contingent appointment without consideration of any candidate's physical or mental disability. lf the disabled applicant has been tentatively appointed, the request for reasonable accommodation shall be considered through the reasonable accommodation interactive process. 1. J. 4. Human Resources Department 5. Communicates with the relevant 5 Human Resources Department Human Resources Department Number: III-5 Efective Date: Department and individual through the reasonable accommodation interactive process to determinewhether a reasonable accommodation exists, as described in Section E of this policy, and whether any other factor precludes reasonable accommodation, as described in Section 5 of this policy. lnforms the individual of the reasonable accommodation to be implemented or the reason why no reasonable accommodation will be implemented, as described in Section F of this policy. lf no reasonable accommodation will be implemented, determines in collaboration with the relevant Department whether the individual is able to perform the essential functions of the position and whether the individual is able to do this without posing a direct threat to the health or safety of the individual, other workers, or the public. lf the answer is "no," then Human Resources in collaboration with the relevant Department commences the process to discontinue the applicant status of the individual or seeks an alternative vacant employment opportunity for employee. 6. 7. 6 Number: III-5 Eflective Date: Name Date City of Vernon Human Resources Department REASoNABLE AccoMMoDATroN REeuEsr FoRM Job Title o Employee r Applicant Daytime Phone Number Please describe the reasonable accommodation you believe you require: Does this reasonable accommodation pertain to a particular service, activity, or facility? lf yes, please describe it: Are you requesting reasonable accommodation only for a particular date or dates? lf yes, please provide the dates: What function(s) of the job require accommodation: Please Note: A City of Vernon representative may contact you to request additional information necessary to assess and or verify your request for reasonable accommodation. FOR HUMAN RESOURCES DEPARTMENT USE ONLY Accommodation is: o Approved n Denied tr Not Necessary Comments: Date: RECEiVEE) RF*GEIVED JUL 0 I 2015 TION CIIY CLERKS OFTICE HUMAN RESOURCES DEPARTMENT TO: FROM: RE: Honorable Mayor and City Council Teresa McAllister, Director of Human Resources Departmen Authorization To Issue A Request For Proposals For An Executive Search Firm To Conduct A Recruitment For The Position Of City Administrator For The City Of Vernon STAFF REPORT July 7,2015 Recommendation A. Find that approval to issue a request for proposal for an Executive Search Firm to conduct a recruitment for the position of City Administrator for the City of Vernon 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 a significant effect on the environment; and B. Approve and authorize the Director of Human Resources to issue the attached Request for Proposals for an Executive Search Firm to conduct a recruitment for the position of City Administrator for the City of Vernon. Backsround The current City Administrator is planning to retire after 26 Vz years of service with the City. During the last 5 Yz years his leadership and management skills were a key factor through the city's implementation of more than 150 good governance reforms. Through his leadership the City has transformed to become a model city for good governance in Southeast Los Angeles County. In anticipation of the City Administrator's retirement, it is vital to begin recruitment planning for the next big picture generalist to take the organization to the next level on its forward path of transparency, accountability and good governance. Fiscal Impact City Council approved Human Resources Department Professional Services line item budget for anticipated cost to conduct executive recruitments for fiscal year 2015-2016. However, the financial impact at this time is unknown pending the results and selection among the proposals for services. Staff will return for any additional budget appropriation if necessary to Page I of2 JUL 0 I 2015 commensurate with the awarding of the services contract to the hrm deemed fit to conduct the executive recruitment. Attachment(s) 1. Request for Proposals for an Executive Search Firm Page 2 of 2 for an Executive a Recruitment City of Vernon Request for Proposats (RFP) Search Firm to for the Position Administrator for the City of Vernon City of Vernon Human Resources Department 4305 Santa Fe Avenue, Vernon, CA 90058 Phone: (323) 583-8811 Conduct of City Due by August 6.2015 July 2015 City of Vemon Request for Proposals for An Executive Search Firm 1. INTRODUCTION AND PROJECT The City Council of the City of Vernon is soliciting proposals from exceptionally qualified Executive Recruitment firms and/or Public Sector consultants to conduct a comprehensive recruitment for the position of City Administrator. Selected Firm will be required to enter into a Professional Services Agreement, a copy of which is attached hereto as Exhibit "B". Portions of the Agencies proposal may be incorporated into the Professional Services Agreement. The City will select one firm, based on demonstrated competence and a cost effective approach to design, conduct, and assist in the selection of a City Administrator. 2. BACKGROUND The City of Vernon was founded in 1905, is approximately 5.2 square miles in size and is located approximately 5 miles southeast of downtown Los Angeles California. Over its long history Vernon has been developed as an industrial community. At the turn of the 20th century the lands that make up Vernon were comprised largely of farmlands. The presence of three major rail lines in the area led influential business and property owners to encourage the railroad companies to run spur lines onto the farmlands. These rail extensions enabled the creation of an "exclusively industrial" city. By the 1920's Vernon was attracting large stockyards and meatpacking facilities. ln the 1930's Vernon became the location of choice for many heavy industrial plants. As economic conditions changed over the decades, these large scale industrial operations have relocated out of Southern California and Vernon has attracted smaller, lighter industrial facilities. The City's business friendly environment, low cost utilities and key location for trucking and rail transport continue to position Vernon as an ideal location for industrial uses. City Government: The City Council consists of five members, elected at-large, who serve five-year staggered terms. The City Council annually appoints a Mayor and a Mayor Pro Tem from its own membership to serve one-year terms. Labor Force: Vernon has approximately 250 employees, and its departments include a Fire Department, Police Department, Finance Department, Public Works, Water and Development Services Department, Gas and Electric Department and Health and Environmental Control Department. Present bargaining units recognized include the Vernon Police Officers Benefit Association, Vernon Police Management Association, Vernon Firemen's Association, the Vernon Fire Management Association, lnternational Brotherhood of Electrical Workers Local 47, and Teamsters Local 91 1. 3. ISSUES OR PROBLEMS TO BE ADDRESSED ln the past five years, Vernon has undergone tremendous change. Through the City's implementation of more than 150 good governance reforms, Vernon - the City that has billed itself as "Exclusively lndustrial" for nearly 110 years, has firmly established itself as a model City for good governance in Southeast Los Angeles County. 2 July 2015 City of Vemon Request for Proposals for An Executive Search Firm Today, Vernon has resolutely closed the book on its'sometimes discredit past, and new city leaders look steadfastly ahead to a promising future. ln February 201 1 , Former California State Attorney General John Van De Kamp was engaged to serve as an lndependent Ethics Advisor to the City. ln January 2015, he presented his eighth report stating that "the City of Vernon has seen continuing progress". Vernon's new housing project, Vernon Village Park is due for completion in mid-2015. 50 new units are expected to bring in around 125 new residents to the City, virtually doubling Vernon's population. The Huntington Park soccer field renovation which Vernon largely funded (with a contribution of $700,000 from the Community Fund Good Neighbor Program) has been completed and open for play. The City of Vernon has a $340.2 million balanced budget for 2015-16 with $56.8 million general fund operating budget. Plans are underway for refinancing some of the City's bonds and interest rate swaps which should improve the City's cash position and its ability to fund needed infrastructure projects, and reduce fiscal volatility. The current City Adminiskator is retiring after 26 lz years of service with the City, the last 5 y2 yearc serving in a key and critical role leading to the City's transformation. The City Council is seeking a big picture generalist with strong administrative/management, financial and planning skills, with municipal experience to take the organization to the next level on its forward path of transparency, accountability and good governance. The role of the City Administrator will include but is not limited to: . Serving under administrative direction of the City Council as the Chief Staff Advisor for the City of Vernon.. Responsible for leading, planning, directing, and evaluation the City's operations, programs, priorities, projects, and policies.o Leads efforts to maximize the efficiency of City services and assures all operational activities comply with City policies, procedures, and goals.. Responsible for the day{o-day administration of all City affairs placed within the City Charter. This includes supervision of the City departments, offices, and agencies.. Ensures all laws, Charter provisions, and acts of the City Council are faithfully executed.. Prepares and submits the annual operating budget and capital improvement plan.o Submits to the City Council a complete report on the finances and administrative activities of the City at the end of each year.o Submits policy recommendations to the City Council.. Represents the City to citizens, the business community, other governmental entities, and non-profit organizations.. Appoints, suspends or removes all City employees and administrative officials provided for by the Charter. o July 2015 City of Vemon Request for Proposals for An Executive Search Firm 4. SCOPE OF SERVICES REQUIRED The City of Vernon is seeking the services of a highly qualified consulting firm to provide applicable services consisting of, but not be limited to, the following tasks: A. Meet with the City Council and stakeholders to facilitate a discussion regarding the necessary qualifications, values, experience, expectations and educational background of the ideal candidate for this position. B. Work with the City of Vernon Human Resources Department and City Council to develop appropriate and necessary selection criteria, selection process, and timeline, representing a proposed initial path for selection of a City Administrator. C. Develop recruitment materials and solicitations that describe the City Administrator position, the City organization, and the community. D. Conduct a broad and thorough national recruitment utilizing professional publications including but not necessarily limited to Jobs Available and Western City Magazine. E. Conduct targeted recruitment of qualified individuals. F. Acknowledge receipt of candidates' application materials and maintain communication with all candidates throughout the recruitment process. G, Conduct initial screening of all candidates' applications. Narrow the candidate field of qualified candidates to ensure that they meet the qualifications and other criteria as established during the earlier phases of the process. lnvolvement of the City Council as necessary during the preliminary phases, however continued communication to the City Council is expected at all steps in the process. H. Submit to the City Council a "short list" of candidates the firm feels are best qualified for the position based on the criteria established by the City Council and stakeholders. The number to be interviewed will be recommended by the firm following their normal procedure for this type of position. l. Once the finalists are selected, work with the City Council and staff to schedule interview sessions, prepare a list of questions and a rating form for interviews. J. Coordinate the final on-site selection process as determined at a time designated by the City Council. Tasks that should occur during this phase of the process include at a minimum formal interviews with the City Council and interview panel. Other tasks may include facilitation of candidate meetings with existing execuiive level employees and tours of City facilities. K. Coordinate the on-site portion of the process including scheduling interviews and other activities, and making travel and lodging arrangements as directed by the City. 4 July 2015 City of Vernon Request for Proposals for An Executive Search Firm L. Conduct all background and reference checks, including public records searches and credit checks, on the finalists. M. Negotiate and finalize an initial contract with the selected candidate following consent and approval and with the advice of the City Council. lf a contract cannot be successfully negotiated with the final candidate, the City Council may select another candidate from the finalists and the firm may re-interview any previously selected final candidate. N. Provide notification to all candidates not selected as finalists for the position. O. Provide progress reports at least bi-weekly to the Human Resources Director. Periodic on-site meetings may be required to discuss ongoing progress and to determine the process for screening candidates. P. The City Council intends to appoint a City Administrator no later than December 1,2015. Deliverables 1. A detailed time line for completion of all of the services described in Section 4 - Scope of Services, with expectation that the top candidates will be submitted to the City Council no later than November 2,2015. 2. A "not to exceed" fee for all professional services and task described in Section 4 - Scope of Services, as well as a specific "not to exceed" amount for expenses related to the professional services. 3. A list of any additional activities and/or techniques that might be helpful to incorporate into the recruitment and selection process and the specific cost for adding such services. 4. An hourly rate at which the City would be billed for any services that the City might request outside the scope of the items listed in the RFP. 5. A written proposal that is responsive to Section 6 of this Request for Proposal. 5. QUALIFICATIONS & CRITERIA A. Qualifications: The City of Vernon will select one firm for all of the outlined Scope of Service on the basis of qualifications, experience, and cost. The following are the minimum qualifications to be used to evaluate responses to this Request for Proposal: 1 . Demonstrated experience in facilitating a recruitment for City Administrator or other executive-level position in the State of California. 2. Extensive experience conducting recruitments for City Administrator or other executive-level position for full-service municipalities in the State of July 2015 City of Vemon Request for Proposals for An Executive Search Firm California. 3. Background, credentrals and years of experience with executive level recruitment for local government. B. Selection Criteria: The City will conduct a comprehensive, fair, and impartial evaluation of proposals received in response to this RFP. All proposals received will be reviewed and evaluated by a committee of qualified personnel. The name, information, or experience of the individual members will not be made available to any proposer. The Evaluation Committee will first review and screen all proposals submitted, except for the cost proposals, according to the minimum qualifications set forth above. The following criteria will be used in reviewing and comparing the proposals and in determining the highest scoring bid: 1. 40o/o Qualifications, background and prior experience of the firm in the Service Area(s) being proposed, experience of key staff assigned to oversee services provided to Vernon, evaluation of size and scope of similar work performed and success on that work.2. 30% Cost and fees to the City for handling matters. Cost is not the sole determining factor but will be taken into consideration. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. lf rates differ for different types or levels of service, or for different Service Areas, the Proposer should so state.3. 10o/o Responsiveness to the RFP, and quality and responsiveness of the proposal. 4. 20% References including past performance of proposer. 6. FORMATAND DELIVERYOF RESPONSE Respondents are asked to submit seven (7) hard copies and one (1)electronic copy of their proposals in sufficient detail to allow for a thorough evaluation and comparative analysis. The proposal should include, at a mrnimum, the following information in sectionalized format addressing all phases of the work in the RFP. A. Format: Limit your proposal to 20 typed 8.5' X 1 1' pages, or fewer, on white bond paper of at least 2O-pound weight single sided (excluding cover letter and attachments. You may attach a firm brochure if you wish, but it must be as a separate attachment and independent from the required elements noted above. 1. Use a conventional typeface with a minimum font size of 12 points. Use a 1" margin on all boarders. 2. Organize your submittal in the order described above. 3. Provide one (1) unbound original of your firm's response and one electronic version (via email to [insert email contact]) b July 2015 B. City of Vemon Request for Proposals for An Executive Search Firm 4. Prominently label the package: "RFP - Executive Search Firm for City Administrator'' and include the name of the primary contact for the respondent. Deliver the response to: City of Vernon Attention: Teresa McAllister, Director of Human Resources 4305 Santa Fe Avenue Vernon, CA 90058 5. Responses are due on or before 5:00 p.m. on August 6, 2015. Late response will not be accepted. 6. lf you have any question about this RFP, please contact Teresa McAllister, Director of Human Resources at (323) 583-8811 ext. 239. Cover Letter: All proposals shall include a cover letter which states that the proposal shall remain valid for a period of not less than ninety (90) days from the date of submittal. lfthe proposal contemplates the use of sub-contractors, the sub- contractors shall be identified in the cover letter. lf the proposal is submitted by a business entity, the cover letter shall be signed by an officer authorized to contractually bind the business entity. With respect to the business entity, the cover letter shall also include: the identification of the business entity, including the name, address and telephone number of the business entity; and the name, title, address and telephone number of a contact person during the proposal evaluation period. lntroduction: Present an introduction of the proposal and your understanding of the assignment and significant steps, methods and procedures to be employed by the proposer to ensure quality deliverables that can be delivered within the required time frames and your identified budget. General Scope of Work: Briefly summarize the scope of work as the proposer perceives or envisions it for each Service Area proposed. Work Plan: Present concepts for conducting the work plan and interrelationship of all projects. Define the scope of each task including the depth and scope of analysis or research proposed. Fees and costs: Although an important aspect of consideration, the financial cost estimate will not be the sole justification for consideration. Negotiations may or may not be conducted with the proposer; therefore, the proposal submifted should contain the proposer's most favorable terms and conditions, since selection and award may be made without discussion with any firm. All prices should reflect "not to exceed" amounts per item. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. c. D E F. 7 July 2015 City of Vemon Request for Proposals for An Executive Search Firm G. Ability of the Proposer to Perform: Provide a detailed description of the proposer and his/her/its qualifications, including names, titles, detailed professional resumes and past experience in similar work efforts/products of key personnel who will be working on the assignment. Provide a list of specific related work projects that have been completed by the proposer which are directly related to the assignment described in this RFP. Note the specific individuals who completed such project(s). ldentify role and responsibility of each member of the project team. lnclude the amount of time key personnel will be involved in the respective portions of the assignment. Respondents are encouraged to supply relevant examples of their professional product. Provide a list of references. The selected firm shall not subcontract any work under the RFP nor assign any work without the prior written consent of the City. H. Affidavit of Non-Collusion. Proposer must submit a completed and signed, "Affidavit of Non-Collusion." (Copy attached as Exhibit A). 7, ADDENDA. CHANGES. AND AMENDMENTS TO THIS SOLICITATION At any time prior to the due date for responses, the City may make changes, amendments, and addenda to this solicitation, including changing the date due to allow respondents time to address such changes. Addenda, changes, and amendments, if made, will be posted on the City's website (www.cityofvernon.org), which is deemed adequate notice. A proposer may make a request to the City's project coordinator to be placed on a list of persons to receive notice of any such addenda, changes, or amendments. The prefened manner of communications is via e-mail due to its timeliness. 8. CONDITIONS FOR RESPONSES TO RFP The following conditions apply to this RFP process: A. Nothing contained in this RFP shall create any contractual relationship between the respondent and the City. B. This RFP does not obligate the City to establish a list of service providers qualified as prime contractors, or award a contract to any respondent. The City reserves the right to amend or cancel this RFP without prior notice, at any time, at its sole discretion. C. The City shall not be liable for any expenses incurred by any individual or organization in connection with this RFP. D. No conversations or agreements with any officer, agent, or employee of the City shall affect or modify any terms of this RFP. Oral communications or any wrltten/e- mail materials provided by any person other than designated contact staff of City shall not be considered binding. E. The City reserves the right, in its sole discretion, to accept or reject any or all 8 July 2015 City of Vemon Request for Proposals for An Executive Search Firm Proposals without prior notice and to waive any minor irregularities or defects in a Proposal. The City reserves the right to seek clarification on a Proposal with any source. F. The dates, times, and sequence of events related to this RFP shall ultimately be determined by the City. The schedule shown above is subject to change, at the sole discretion of the City, although the City will attempt to follow it and, if it must be altered, will attempt to provide reasonable notice of the changes. G. Respondents shall not issue any news release pertaining to this RFP, or the City without prior written approval of the City. H. All submitted proposals and information included therein or attached thereto shall become public record upon delivery to the City Administrator's Office. 9. RIGHT BY THE CITY TO WITHDRAW THIS REQUEST The City may, at its sole discretion and for any reason whatsoever, withdraw this solicitation at any time. IO. LIVING WAGE ORDINANCE The selected consultant shall pay qualifying employees a wage of not less than $10.30 per hour with health benefits, or $1 '1.55 per hour without health benefits. The consultant shall also provide qualifying employees at least twelve days off per year for sick leave, vacation or personnel necessity, and an additional ten days a year of uncompensated time for sick leave. There shall a prohibition on an employer retaliation against an employee's complaining to the City with regard to the employer's compliance with the living wage ordinance. Contractor, and any Subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D" ofthe standard form contract, attached hereto as Exhibit B. Upon the City's request, certified payroll records shall promptly be provided to the City. 11, STANDARD TERMS AND CONDITIONS Prior to the award of any work hereunder, City and proposer shall enter into the written contract for services attached hereto as Exhibit B. Proposers responding to this RFP are strongly advised to review all the terms and conditions of the Contract. The term of the Contract shall not exceed three (3) years. I July 2015 City of Vernon Request for Proposals for An Executive Search Firm EXHIBIT A AFFIDAVIT OF NON-COLLUSION -10- July 2015 AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORIIIA COUNTY OF LOS ANGELES ) )ss ) being first duly sworn deposes and says that he/she is of (lnsert name ofbidder) who submits herewith to the City of Vemon a bid/proposal; That all statements of fact in such bid/proposal are true; That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; That such bid/proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vemon, or of any other bidder or anyone else interested in the proposed contrac| and further That prior to the public opening and reading ofbids/proposals, said bidder: a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal; b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from bidding or withdraw his/trer bid/proposal; c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid/proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element ofhis/her bid/proposal price, or ofthat ofanyone else; d. Did not, directly or indirectly, submit his/trer bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereol or to any individual or group of individuals, except the City of Vemon, or to any person or persons who have a partnership or other financial interest with said bidder in hisftrer business. I certifr under penalty of perjury that the above information is correct By: (Insert "Sole Owner". "Partner", "President, "Secretary", or other proper title) Date: Title: March 2013 City of Vernon Request for Proposals for An Executive Search Firm EXHIBIT B STANDARD FORM CONTRACT -11 - July 2015 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTMCTOR'S NAME] FOR [BRIEF DESCRIPTION OF SERVICES] COVER PAGE Contractor: [insert name of contractor] Responsible Principal of Contractor: [insert name, titlel Notice lnformation - Contractor: [insert name of contractor] Iinsert street address] [insert city, state, zip code] Attention: [insert name, title] Phone: [insert phone number] Facsimile: [insert fax number] Notice lnformation - City: City of Vernon Human Resources Department 4305 Santa Fe Avenue Vernon, CA 90058 Attention. Teresa McAllister, Director of Human Resources Telephone: (323) 583-8811 ext. 239 Facsimile: (323)826-1439 Commencement Date: [insert commencement date] Termination Date: [insert termination date] Consideration: Total not to exceed $[insert amount] (includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three (3) years, pursuant to Section 9.19 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S NAME] FOR [BRIEF DESCRIPTION OF SERVICES] This Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation ("City"), and [Contractor's Name], a [State incorporated in] corporation ("Contractor"). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the Request for Proposals dated , Exhibit "A", and Contractor's proposal to the City ("Proposal") dated Exhibit "8", both of which are attached to and incorporated into this Contract, by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed according to the standards then prevailing in the [statel profession. 3.0 PERSONNEL. 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 4.0 TERM. The Contractor shall commence the delivery of services on receipt of a 2 written notice to proceed and shall complete the services on the schedule set forth in Exhibit A. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit "C". 5.2 Contractor's grand total compensation for the entire term of this Contract, including change orders, shall not exceed [state amount] without the prior authorization of the City Council and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month. 3 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services, authorized costs and authorized extra work covered by that invoice. 7.O CHANGE ORDERS. The Director of the Department of Human Resources shall have the authority to issue change orders for administrative and non-material changes to the scope of services and to the time for performance as long as the change orders do not increase the compensation due to Contractor under this Contract and as long as the time is not extended beyond three years. The City Administrator, shall have the authority to issue administrative change orders to increase the compensation due Contractor under this Contract, but the combined total amount of such change orders shall not exceed [state amount]. 8.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and wrll give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractofs services. 9.0 GENERAL TERMS AND CONDITIONS. 9.1 INDEPENDENTCONTMCTOR. 9.1 .1 lt is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or employee of City and shall furnish such services in its own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment 4 of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 9.'l.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, longterm disability or workers' compensation insurance benefits. 9.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 9.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 9.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy or incompleteness. 9.5 WAIVER. The City's waiver of any term, condition, breach or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 9.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and/or assigns. 9.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties or otherwise constitute a novation. 9.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. 9.9 ATTORNEY'S FEES. lf any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 9.10 INTERPRETATION. 9.10.1 Applicable Law. This Contract, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California. 9.10.2 Entire Aqreement. This Contract, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 6 9.'10.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 9."10.4 Severability, lf any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 9.10.5 Order of Precedence. ln case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's Request for Proposals shall control over the Contractor's Proposal. 9.10.6 Choice of Forum. The parties hereby agree that this Contract is to be enforced in accordance with the laws of the State of California, is entered into and/or is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Contract shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 9.10.7 Duolicate Orioinals. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 9.1 1 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term and provision hereof. 9.12 AUTHORITY OF CONTMCTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 9.13 ARBITRATION OF DISPUTES. Any dispute for under $25,000 7 arising out of or relating to the negotiation, construction, performance, non-performance, breach or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. , 9.14 INDEMNITY. 9.14.1 Contractor agrees to indemnify, hold harmless and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of: (a) any activity on or use of City's premises or facilities or any performance under this Contract; or (b) any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. 9.14.2 This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). 9.14.3 RELEASE. Contractor agrees to release and covenants notto suethe City, its City Council and each member thereof, and its officers, employees, commission members and representatives for any damage or injury (including I death) to itself, its officers, employees, agents and independent contractors damaged or claiming to be damaged from any performance under this Contract. 9.15. INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. 9.1 5. 1 Automobile Liability with minimum limits of at least $100,000/300,000/50,000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of $500,000 including owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form. 9.15.2 General Liability with minimum limits of at least $1,000,000 combined single limits written on an lnsurance Services Office (lSO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal lnjury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Contract. (a) lf Contractor employs other contractors as part ofthe services rendered, Contracto/s Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. 9.15.3 Professional Errors and Omissions coverage in a sum of at least 1,000,000. Applicable aggregates must be identified and claims history provided to determine amounts remaining under the aggregate. 9.15.4 Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. Compliance is accomplished in one of the following manners: 9 (a) Provide copy of permissive self-insurance certificate approved by the State of California; or (b) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability lnsurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or (c) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. 9.15.5. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. 9.15.6 lnsurance shall be placed with insurers with a Best's rating of no less than B:Vlll. 9.15.7 Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. 9.15.8 Failure to maintain required insurance at all times shall constitute a default and material breach. ln such event, Contractor shall immediately notify City and cease all performance underthis Contract until further directed bythe City. ln the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of seloff or recoupment from sums due Contractor, at City's option; (b) immediately terminate this Contract; or (c) self -insure the risk, with all damages and costs incurred, by judgment, settlement or otheMise, including attorney's 10 fees and costs, being collectible from Contractor, by way of seloff or recoupment from any sums due Contractor. 9.16 NOTICES. Any notice or demand to be given by one party to the other be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. lf to the City: lf to the Contractor: Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 9.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days'written notice to Contractor. lf the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 9.18 DEFAULT. ln the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. 11 Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. 9.19 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any ofthe Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least 3 years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. lf not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 9.20 CONFLICT. Contractor hereby represents, warrants and certifies that no member, officer or employee of the Contractor is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. 9.21 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or 12 permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1 810 through 1 81 5 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1 % times the basic rate of pay. 9.22 LIVING WAGES. Contractor, and any Subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D". Upon the City's request, certified payroll records shall promptly be provided to the City. 9.23 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. CONTTACTOT certifies and represents that, during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "E". [Signatures Begin on Next Pagel. IJ lN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City [CONTRACTOR'S NAME, a lstate and California municipal corporation incorporated inl corporation Mark Whitworth, City Administrator ATTEST: By: Name: Tifle: By: Mafla E-cyalarcity cle"k Name: Title. APPROVED AS TO FORM: Hema Patel, City Attorney 14 EXHIBIT A REOUEST FOR PROPOSALS EXHIBIT B PROPOSAL 16 EXHIBIT C SCHEDULE 17 EXHIBIT D LIVING WAGE PROVISIONS Minimum Livinq Waqes: 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 off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. 18 B EXHIBIT E EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor; state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. 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. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. c. D. 19 RECEiYED JUL 0 t 2015 CITY CTERl('S OFFICE STAFF REPORT CITY ADMINISTRATION DATE: TO: FROM: RE: July 7,2015 Honorable Mayor and City Council @Mark C. Whitworth, City Administrator V,L/ Originator: Teresa lllcAllister, Director of .uman\Sbuled Approving and authorizing the execution of a new At-Will Employment Agreement by and between the City of Vernon and Kristen Enomoto Recommendation A. Find that approval of the proposed At-Will Employment Agreement 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 a significant effect on the environment; and B. Approve the At-Will Employment Agreement (the "Agreement") with Kristen Enomoto, in substantially the same form as submitted herewith, effective June 28,2015. The proposed Agreement is the standard At-Will Employment Agreement (Non-Safety) Form approved by City Council for other executive and at-will positions. Backeround In late 2072, in line with the City's good governance reforms, a standard at-will employment agreement was developed by the City Attorney's Office and approved by the City Council on May 7, 2013, to be used for City Executive positions. On February 3, 2015, the City Council approved minor updates to the at-will employment agreement form for Safety and Non-Safety positions. On June 16, 2015, the City Council approved the designation of the Deputy City Administrator classification to serve as an at-will position. This staff report recommends the approval of an At-Will Employment Agreement with Ms. Enomoto effective June 28, 2015, using the standard At-Will Employment Agreement (Non- Safety) Form approved by City Council for other executive and at-will positions. The agreement is consistent with terms and conditions offered to other management classifications. Page I of2 Fiscal Imoact There is no direct fiscal impact associated with the implementation of the proposed employment agreement. All salary and fringe benefit costs remain the same at approximately $207,532 annually, and said costs are included in the 2015-2016 fiscal year budget. Under the proposed agreement, Ms. Enomoto would be entitled to severance pay equal to six months of base salary if terminated under certain conditions. Attachment(s) l. At-Will Employment Agreement - Kristen Enomoto Page2 of2 AT-WILL EMPLOYMENT AGREEMENT (NON-SAFETY) BETWEEN THE CITY OF VERNON AND KRISTEN ENOMOTO This Agreement is between the City of Vernon ("City") and Kristen Enomoto ("Employee"). Recitals City desires to employ Employee as an at-will employee in the position of Deputy City Administrator. Employee desires to be the Deputy City Administrator and acknowledges that such employment is at-will. The City Administrator, pursuant to the authority granted by the City of Vernon Charter and City Council, agrees to hire Employee, as an at-will employee, subject to the terms and conditions identified below. AGREEMENT Section 1 : TERM The effective date of this Agreement shall be June 28,2015. Either party may terminate this Agreement pursuant to the provisions set forth below. Employee is an at-will employee and may be terminated, with or without cause, upon 30 days written notice. Employee may resign with thirty (30) days advance notice as set forth in Section 8 below. Section 2: DUTIES A. City engages Employee as the Deputy City Administrator to perform the functions and duties specified in the job description for the position (Attachment "A", incorporated herein by this reference), as the same may be modified by the City Administrator, from time to time, and to perform such other legally permissible and proper duties and functions as the City Administrator shall, from time to time, assign. B. Employee agrees that to the best of her ability and experience that she will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations of the State of California and the United States. C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City Administrator, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement. D. During the term of this Agreement, Employee is required to have and maintain a valid California Driver's license. E. Employee acknowledges that in connection with the performance of her duties, she will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that she will not disclose such confidential information other than to officers and employees of the City who have been authorized to have access to such information. Employee further agrees that if she has a question as to the confidentiality of information obtained in the course of her employment, she will contact the City Administrator for advice. Section 3: EXCLUSIVE EMPLOYMENT Employee agrees to focus her professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in any other business pursuits, whatsoever, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, for compensation, without the prior written consent of the City Administrator. This does not preclude Employee from volunteering her services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement. Section4: COMPENSATION As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than $155,616 per year, payable in twenty-six (26) biweekly installments at the same time as other employees of the City are paid and subject to customary withholding- Salary adjustments (merit increases), if any, in Employee's salary during the term of this Agreement shall be at the sole discretion of the City Administrator based upon the City Adminiskator's evaluation of Employee's1ob performance and within the base salary range established by the City Council or as otherwise approved by the City Council. Any and all adjustments shall be in accordance with City personnel policies and procedures. Employee's salary shall be reflected in the City's publicly available salary schedule. Section 5: BENEFITS A. Rotirement As an employee of the City of Vernon, Employee will be enrolled in the California Public Employees Retirement System (PERS) retirement plan, as such plan may be amended by the City Council. As of the date of this employment agreement, such plan includes lhe 2.7o/o @ 55 benefit formula for "classic" miscellaneous employees. The Employee pays for the employee contribution to PERS. B. Other Management benefits Employee shall receive all benefits specified by the then current Resolutions of the City Council of Vernon for Management Staff, including, without limitation, lhose relaled to Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental lnsurance, Life lnsurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation, and other types of leave in accordance with the Personnel and Policies and Procedures Manual. Section 6: TERMINATION AND SEVERANCE PAY A. Employee is an at-will employee and serves at the will and pleasure of the City Administrator and may be terminated at any time, without cause, subject to the conditions of paragraphs B and C of this section. B. ln the event that Employee is terminated by the City Administrator for reasons other than physical or mental incapacity, and other than those reasons noted in paragraph 2 E, below, the City agrees to pay the employee a severance package equal to six (6) months of base salary. C. To be eligible for severance pay, as identified in paragraph B, of this section, Employee shall fulfill all of her obligations under this Agreement and shall sign acknowledgment and release of claims against the City. Such acknowledgement and release appears as Attachment "8" to this Agreement. D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the acknowledgement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee is terminated due to retirement, insubordination, incapacity, dereliction of duty, addiction to a controlled substance or alcohol, conviction of a crime involving moral turpitude or involving personal gain to her or abuse of her office or position or any felony or for a breach of this Agreement, City shall have no obligation to pay any severance provided in this section. Furthermore, Employee agrees that any severance provided shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of her office or position. F. Upon termination, Employee shall be paid for all earned, but unused, vacation time. SectionT: COMPENSATIONLIMITATIONS lf Employee is paid leave salary during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of her office or position. lf Employee is provided funds for any legal criminal defense during her employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of her office or posrtion. lf this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of her office or position. Section 8: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided she is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written noiice of the effective date of her resignation or retirement. ln the event Employee retires or resigns, Employee shall be entitled to payment for earned, but unused, vacation time, but not to severance pay as delineated in Section 6, paragraph B, above. Section 9: DISABILITY lf Employee is permanently disabled or otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City's option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide reasonable accommodations as required by law. Nothing in this Section shall be construed to limit or restrict Employee's 3 benefits or rights under workers' compensation or the Public Employees Retirement System ('PERS"). However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 6 of this Agreement. ln cases of disability, Employee shall be compensated for any earned, but unused, vacation leave. Section 10: GENERAL PROVISIONS A. Notico Any notices required by this Agreement shall be in writing and either delivered in person or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice shall be addressed as follows: TO CITY: City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Kristen Enomoto 1013 Park Circle Drive Torrance, Ca 90502 B Entire Agreemont The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications understanding or agreements between the parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreemeni may be made except by a written agreement signed by the Employee and the City Administrator and approved as to form by the City Attorney. C Assignment This Agreement is not assignable by either the City or Employee. D Severability ln the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. E. Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one 4 time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. F. Jurisdiction Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County. G. Effective Date This Agreement shall take effect on June 28, 2015. [Signatures Begin on Next Pagel. 5 lN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed in its behalf by its City Administrator, and executed by the Employee. City of Vernon, a California charter City and California municipal corporation Dated: Mark C. Whitworth, City Adminiskator ATTEST: Maria E. Ayala, City Clerk Approved as to form: Hema Patel, City Attorney 6 ln signing this Agreement, Employee understands and agrees that her employment status is that of an at-will employeo and that her rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Vernon which might otheruise apply to employees of the City. Employee further acknowledges that she was given the opportunity to consult with an attorney prior to signing this Agreement. Dated: Employee 7 ATTACHMENT A Job Doscription E JOB DESCRIPTION Deputy City Administrator Date Prepared: March 2014 Class Code: 1015 SUMMARY: Under limited supervision, administers, advises, and manages City departments, programs, and special projects, as assigned by the City Administrator; manages strategic planning, policy development, public relations, priorities, and departmental and inter-department operations. ESSENTIAL FUNCTIONS: - Essenlia/ funclions, as defined under the Aneicans with DlsaDl[t/es Acl, may includo any of the folowing reprcsentative duties, knowledge, ard sk,//s, Ihis is nol a conqehensive liging of all lunctions and duties pefomed by incumDenls of lh,S c/ass; employees nay be assigned duties which are not listed below; reasonable accomnodalions wtll be nNe as requircd. The kb d$uiption does not conslilute an employmenl agrcement and is subject to change al any lime by the emplow. Essenlla/ du,es and rcsponsibilities may include, but arc not limiled to, the to owing: o On a day{o-day basis, relieves the City Administrator of routine adminiskative tasks. . Manages and evaluates City operations and programs, as assigned by the City Administrator; directly manages assigned programs and special pOects. . lnvestigates and evaluates departmental and inter-department operational issues, and develops solutions to complex problems in consultation with the City Administrator, execulive staff, and department heads. o Assist the City Administrator in developing long and short-range plans, goals, and policy recommendations; exercises independent.iudgment within broad policy guidelines; encourages new ideas, interactive dialogue, and collaborative approaches to solving problems. o Meets regularly with City managemenl staff to discuss and resolve assignments, priorities, workload, staffing, budgets, technical issues, quality standards, and services; motivates and evaluates staff, and provides leadership, direction, and guidance in operational plans and priorities; assures all operational activities are in compliance with City policies and procedures, and state and federal regulations. . Monitors City operations, analyzes operational information, evaluates trends, and develops plans to meet City goals and future needs; presents status reports to City Council, and assures effective communication of operational and technical issues; assures all operational, legal, technical, and financial issues are properly addressed and resolved. . Manages public relations and official communications. o Attends and coordinates City Council meetings and work sessions, and researches issues for the City Administrator, Mayor, and City Council; assures effective communication of major project and policy issues. . Develops and presents status and summary reports; reviews and approves City staff reports, o Attends and coordinates internal and external stakeholder meetings; manages pubfic information and community relations activities; meets with City committees, commissions, and residents to discuss and resolve issues; coordinates projects and regional issues with local officials, agencies, community organizations, and advocates. . Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work- related issues and City information; performs other duties as required or assigned. 1 ol2Oeputy City Administrator Vernon CA MINIMUM QUALIFIGATIONS: Education, Training and Experience Guidelines: Bachelor's Degree in Finance, Business, Public Administration or related field; AND five years experience managing government programs. Knowledge of:. City organization, operations, policies, and procedures.. Federal and state laws and regulations governing municipalities, and City rules and ordinances.o Duties, powers, authorities, and limitations of a City Administrator.. Principles and practices of local government administrative management, including personnel rules, procurement, finance, budgeting, contract and risk management, performance management, and evaluation of public sector programs, policies, and operalions.. Strategic planning techniques for the economic, financial, and environmental needs of the City.. Legal, ethical, and professional rules of conduct for municipal government officers.. Current political and economic trends in state and federal government.o Techniques and practices for efficient and cost effective management of resources.. Business computers, and standard and specialized software applications. Skill in:. Analyzing complex administrative and operational issues, interpreting laws and regulations, evaluating alternatives, and developing recommendations, strategies, and operational improvements.. Analyzing City needs, and prioritizing and promoting operational strategies to meet future needs.. Preparing, tracking, and administering budgets.. lnterpreting and applying municipal policies and procedures.. Presenting and defending operational reports and information in public meetings.. Analyzing problems, resolving disputes and conflicts, and developing effective solutions.. Using initrative and independent judgment within established procedural guidelines.. Assessing and prioritizing multiple tasks, projects and demands.. Establishing and maintaining cooperative working relationships with City employees, elected officials, community groups, advocates, and representatives from other local, state, and federal agencies.o Communicating effectively verbally and in writing. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License may be required. PHYSICAL DEMANDS ANO WORKING ENVIRONMENT: Work is performed in a standard office environment. Deputy City Adminiskator Vemon CA 2ot2 ATTACHMENT B ACKNOWLEDGEMENT AND RELEASE This is to confirm that on this dale I have received severance pay in the amount of$ pursuant to my employment agreement with the City of Vernon. I acknowledge that, in accepting such severance pay, lam releasing the City, its employees, officers and agenls, from any and all claims of any kind or nature I had or may have had against the City arising from my employment with the City, including but without limitation, age discrimination claims under the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act. I further acknowledge that this Acknowledgment and Release releases the City from and waivers any claims I may have against the City, its employees, officers and agents, stemming from my employment relationship, including the severance thereof, to the fullest extent permissible under the law. I further acknowledge that this waiver extends to all claims, known and unknown, relative to my employment with and cessation of my employment with the City. I specifically waive the application of Civil Code 51 542, which provides: A general release does not extent to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him/her must have materially affected her settlement with the debtor. I have had the opportunity to consult with legal counsel relative to this Acknowledgement and Release, and I had a reasonable period of time within which to consider signing this Acknowledgement and Release. I have signed this Acknowledgement and Release voluntarily and willingly. Dated: Kristen Enomoto 9 REGEIVED JUL 01 2015 CW CLERKSOIFICE STAFF REPORT VERNON POLICE DEPARTMENT RECEIVED JUN t7 20t5 CITY ADMINISIRATION DATE: TO: FROM: RE: July 7, 2015 Honorable Mayor and City Council Daniel Calleros, Police Chief V Inmate Housing Services Agreement Recommendation A. Find that the proposed agreernent authorization 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 a significant effect on the environment; and B. Authorizethe Mayor to execute an agreement for inmate housing services with the City of Huntington Park Police Department ("HPPD"), in substantially the same form as submitted herewith, for a period of three (3) years. C. Find that the agreement is exempt from competitive selection requirements pursuant to Vernon Municipal Code $ 2.17.12 (A) 5, Exanptions - Contracts with other govemmental entities for services. Backsround In June 2012, pursuant to Resolution 2012-77, the City entered into an agreement with the Huntington Park Police Department (HPPD) for inmate housing services. The agreement was extended in June 2014, for an additional one year period. The Vernon Police Department ("VPD") is seeking to renew the inmate housing services with the HPPD for a three year period effective July 1, 2015. The estimated annual cost for these services is $57,000.00. The inmate housing services provided by HPPD has been outstanding and have established a cost effective approach to address the shortage of Police jail staff as well as the City fiscal situation. With suspension of the VPD full-time jail operations, the annual cost savings has been estimated at approximately $65,000.00. In addition, patrol deployrnent levels have been enhanced since there is no need for patrol officers to man jail operations due to staffing shortages. Also, given Page I of? that the HPPD jail facility is within close proximity to the City of Vernon (l mile), patrol officers are typically back in service within a relatively short period (10-15 minutes) when inmate booking is required. The outsourcing of inmate housing services has also demonstrated our efforts to collaborate with other regional public safety agencies to the betterment of all communities while maintaining a responsible fi scal approach. As permitted in the City's Purchasing Ordinance, the VPD is requesting approval to enter into a three (3) year agreement with the HPPD for inmate housing services. Since the agreement is for professional services with a governmental entity, the agreernent is exernpt from competitive selection pursuant to Vernon Municipal Code $ 2.17.12 (A) 5, Exemptions - Contracts with other governmental entities for services. Fiscal Impact Funds for inmate housing services have been included in the general budget for fiscal year 2015- 2016. Attachment(s) 1. Copy of the HPPD agreement Page2 of2 HUNTINGTON PARK POLICE DEPARTMENT JAIL SECTION AGREEMENT FOR INMATE HOUSING THIS INMATE HOUSING AGREEMENT ("AGREEMENT") IS ENTERED INTO ON THIS 7'h oF JULv, 20r5 By AND BETwEEN THE cITy oF HI-TNTINGToN eARK ("city') AND THE CITY OF VERNON (the "arresting agency") FOR HOUSING OF PRE-ARRAIGNMENT ARRESTEES. A. TERM OFAGREEMENT. This Agreement shall commence on July I,2015 and shall continue through June 30, 201 8 or until terminated pursuant to the terms of this Agreement. Nothing in this Agreernent shall be construed to require the arresting agency to house inmates in the Huntington Park Police Department Jail facility continuously. B. FEES. The Huntington Park Police Department agrees to house pre-arraignment arrestees of the City of Vernon Police Department in the Huntington Park Police Department Jail facility (Huntington Park City Jail) for a prisoner housing fee. The housing fee is as follows: I . Felony Bookings: The cost for felony arrestees is $ 167.75 per booking for a 48-72 hour housing period. The cost includes booking process, jail monitoring, laundry, supplies, meals, phone calls and DNA sampling. Note: An additional cost of $60.00 may be applied should there be a need to house an arrestee for an additional day beyond the72- hours. 2. Misderneanor Bookings: The cost for misdemeanor arrestees is $107.25 per booking for a 48 hour housing period. The cost includes booking process, jail monitoring, laundry, supplies, phone calls and meals. 3. Juvenile Detainments: The cost for processing juveniles is $50.25. The cost does not include visual monitoring or transportation. The arresting agency will be required to monitor juveniles until released to the designated Juvenile Hall Facility or released to parents and/or legal guardian. The arresting agency shall transport Juveniles to Juvenile Hall when required. While the above fees per booking take into account the majority of all related jail services costs, it does not take into account the cost of the Los Angeles County Sheriffls Department booking fee of $49.81 per arrestee should there be a need to transfer the arrestee to the LA County Jail for booking. The arresting agency will be responsible for transporting the arrestee to LA County Jail and paying the associated fee if the need arises. The fees set forth shall be adjusted annually on July 1 of each year in accordance with the increase in the Consumer Price Index, without any further action by the City of Vernon or the City of Huntington Park. For purposes of this Agreement, "Consumer Price Index" means the revised consumer price index for All Urban Consumers, Los Angeles-Long Beach-Anaheim, 1967 :100, as prepared by the Bureau of Labor Statistics of the United States Department of Labor, or if any such agency shall cease to prepare such an index, then any comparable index covering the Los Angeles and Orange County areas prepared by any other federal or state agency that is approved by the City Council of City of Huntington Park. C. BILLING AND PAYMENT. Huntington Park Police will invoice Vernon Police on a monthly basis for jail services rendered. The invoice will be sent to Vernon Police electronically on or about the l't of every month. Vernon Police shall designate a person to receive the electronic invoice. Payment to the City of Huntington Park is due within 30 days after receipt of invoice and shall be mailed to the City of Huntington Park Finance Department. The invoice prepared by Huntington Park Police shall at minimum include the following regarding every prisoner of the arresting agency being invoiced: 1. Date and time of booking 2. Date and time of release 3. Name of arrestee 4. Booking number 5. Charge and felony or misdemeanor designation 6. Juvenile Detainments 7. Fee for booking and housing 8. Any additional fees D. TERMINATION. 1.By Either Party. This Agreement may be terminated by written notice from either party to the other party delivered by regular mail to the contact person identified herein, provided that termination shall become effective thirty (30) days after receipt of such notice. Within said thirty (30) days, the arresting agency agrees to remove its inmates from the Huntington Park Jail facility. By the Arresting Agency due to lack of Funding. The obligation of the arresting agency to pay Huntington Park under the provisions of this Agreement beyond the current fiscal year is expressly made contingent upon the appropriation or budgeting of sufficient funds by the arresting agency. In the event that such funds are not budgeted, appropriated or otherwise made available for the purpose of payment under this Agreement at any time after the current fiscal year, then the arresting agency shall have the option of terminating the Agreement upon written notice to the City of Huntington Park, except that all services provided to that point shall be compensated at the agreed rate(s). Termination by Breach. In the event the arresting agency breaches or fails to perform or observe any of the terms or conditions of this Agreement, and fails to cure such breach or default within five (5) days of receiving written notice of said breach or default, or if said breach or default cannot be cured within a reasonable period, the City of Huntington Park may terminate this Agreement in addition to and not in limitation of any other remedy available to the City at law or in equity, and the failure of the City to exercise such right at any time shall not be construed as a waiver for any reason. 2. J. 4. In the event of termination of this Agreement for any reason, the arresting agency shall compensate the City of Huntington Park in the same manner and at the same rate(s) described herein for inmates housed by the Huntington Park Jail facility after notice of such termination until the arresting agency retakes its inmates. E. RULES FOR INMATE HOUSING. Acceptance and housing of the prisoners at the Huntington Park Police Department Jail facility is subject to the following rules: 1. The Huntington Park Police Department Jail agrees to accept and provide for the secure custody, care, and safekeeping of medium or low risk arrestee as determined by pre- booking classification procedures of the jall. 15% of maximum capacity bed space is guaranteed for the City of Vernon at any given time. The Huntington Park Police Department has the right to reject any arrestee who requires special handling or presents a high-risk, including risk of flight or of injury to the arrestee or others. The decision to accept or reject the arrestee is solely at the discretion of the Huntington Park Police Watch Commander. 2. The decision to accept an arrestee will be based on the following criteria: a. The arrestee must not have any medical problems or the need to receive prescription medications. Unless disclosed during booking, the arresting agency shall be responsible for ascertaining the medical requirement of their arrestees. b. The arrestee must not be dernonstrating behavior that could indicate mental or emotional problems. The arresting agency shall inform the booking jailer of any circumstances known to the officers, which indicate mental or behavioral problems. 3. The transporting officers shall enter the Huntington Park Police Jail from the established jail facility entrance and shall: a. Inform the Jailer of any known medical problems or need for medication(s) associated with the arrestee. b. Obtain medical booking clearance of any arrestee when required by the Huntington Park Police Watch Commander. c. Conduct a complete and thorough booking search of the arrestee and provide all necessary booking information to the Jailer. 4. The arresting agency is responsible for arranging all Probable Cause Declaration hearings and a copy of the approved declaration must be provided to the Huntington Park Jail. The arresting agency shall be responsible for transporting the arrestee to the designated 3 court for araignment. However, the arresting agency shall inform the Jailer of the date an arrestee is to be prepared for court pick up by the arresting agency. 5. The arresting agency is responsible for transporting females booked on felony charges, held on warrant(s), parole hold, or immigration hold, to the appropriate L.A. County Sheriff Jail Facility within 2 hours of being notified that the female is ready for transport. A delay beyond 2 hours shall be reported by the arresting agency to the Huntington Park Police Watch Commander 6. If any medical, mental or behavioral problerns arise while the arrestee is in custody of the Huntington Park Jail, the arresting agency will be notified and shall send transporting officers within two hours to transport the arrestee to another facility. A delay beyond 2 hours shall be reported by the arresting agency to the Huntington Park Police Watch Commander. If transporting officers are not available from the arresting agency, the arresting agency will be charged for the transportation costs by Huntington Park Police personnel to the Los Angeles County-operated facilities at the rate of $76.00 per hour. 7. In an emergency in which immediate medical attention is needed, the designated Fire Department will be notified and the cost of paramedic response will be charged to the arresting agency. The arresting agency will be notified if paramedics are called and make a recommendation to transport to the Los Angeles County Jail Medical Ward. All costs for medical treatment of prisoners shall be borne by the arresting agency. Accidental injuries and injuries resulting from assaults by other local prisoners are the responsibility of the Huntington Park Jail, however dispositions of these prisoners, if hospitalized, rests with the arresting agency. 8. Investigating officers from the arresting agency will be allowed access to the arrestee by calling the Jail prior to arrival. They shall comply with all regulations of the Jail. 9. Visitors are restricted to the arrestee's attomey, bail bonds person, someone presenting cash bail, or other persons authorized by the arresting agency with the concurence of the Huntington Park Police Watch Commander and in accordance with Huntington Park Police Jail Policy. 10. Transportation to other courts is the responsibility of the arresting agency. Those cases, which require a filing by the District Attorney, will be the responsibility of the arresting agency. Verbal dispositions will not be accepted. 11.The Huntington Park Police Department will NOT release Vernon Police Department inmates or prisoners on a citation, or under the provision of PC 849(b) (1) for any violation of law involving any crime against another person, and all weapons violations. Inmates arrested for such charges will be picked up and transported back to the arresting agency for release. Should the arresting agency fail to pick up an arrestee, the Huntington Park Police Department will transport the arrestee(s) to that agency for release. These transportations will be invoiced at the rate of $76.00 per hour, on a one- hour minimum basis. 12. All testing of blood, breath, or urine shall be the responsibility of Vernon. City of Vernon shall be responsible for the preparation and delivery of all court document packages. 13. The City of Vernon shall reimburse to the City of Huntington Park any cost associated with the court appearance of a mernber of the Huntington Park Police Department regarding an arrestee ofthe arresting agency. 14. The arresting Vernon Police Officer shall rernove all personal property from an arrestee as required by established jail procedure. The Huntington Park Police Jailer will secure the arrestee's personal property in accordance with established jail procedure. Bulky items such as bicycles, large backpacks, large purses, etc., and money in excess of $400.00 will not be secured or held by the Huntington Park Police Department or any employee of the City; the arresting agency shall be solely responsible for securing bulky items and/or money in excess of $400.00. The arrestee's personal property in the custody of the Huntington Park Police Jail will be released to a Vernon Police Officer when the arrestee is transferred from the jail, or the property will be returned to the arrestee when the arrestee is released from custody from the jail. 15. Any contraband found on an arrestee after the arrestee has been booked shall be the responsibility of the arresting agency. Huntington Park Police will ternporarily hold the contraband until it is picked up by Vernon Police. 16. Vernon Police shall pick up and retain all original booking slips and associated paperwork for each arrestee. Huntington Park Police will not maintain any original records or copies of records of Vernon Police arrestees. 17. Death of an Inmate. a. In the event of the death of an arresting agency's inmate, the City shall notiff the County Coroner or appropriate agency. The arresting agency shall receive copies of any records made at the time of or in connection with such notification. b. The City shall immediately notify the arresting agency of the death of an arresting agency's inmate, furnish information as requested, and follow the instructions of the arresting agency with regard to the disposition of the remains. In the case of an unattended death, suspicious death, or criminal case, the County Coroner or appropriate agency will have authority over the deceased, and would coordinate with local law enforcement to finish the investigation prior to the release of the deceased inmate. 5 F. INDEMNIFICATION; HOLD HARMLESS. under this aereement. costs and expenses and for their own attorney's fees. third partv to indemnification or defense. G. GENERAL PROVISIONS. 1. Notice. All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: City of Huntington Park: Chief of Police City of Huntington Park 6542 Miles Avenue Huntington Park, Ca 90255 With Copy to: City Manager City of Huntington Park 6550 Miles Avenue Huntington Park, CA 90255 Arresting Agency: City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 6 2. Insurance. The arresting agency and the City shall provide each other with evidence of insurance coverage, in the form of a certificate or other competent evidence from an insurance provider, insurance pool, or of self-insurance sufficient to satisfy the obligations set forth in this Agreement. 3. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in party without the prior express written consent of both parties. 4. Waiver. The failure of either party to this Agreement to insist upon strict perfofinance of any term or condition hereto, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. 5. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 6. Governing Law. This Agreement is made, entered into, executed and is performed in the City of Huntington Park, located in Los Angeles County, California, and any action filed in any court or for arbitration for interpretation, enforcement and/or otherwise of the terms, covenants and conditions referred to herein shall be filed in the applicable court in Los Angeles County, California. 7. Independent Contractor. For purposes of this Agreement, City and arresting agency are, as to each other, independent contractors and not an official, officer, employee or agent of the other. Neither party shall, at any time or in any manner, represent that it or any of its officials, officers, employees or agents are employees of the other. All personnel to be utilized by arresting agency in the performance of this Agreement shall be employees of arresting agency and not employees of the City, and vice versa. Each party shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating only to their own respective employees and shall be responsible for all applicable withholding taxes. Nothing contained in this Agreement shall create or be construed as creating a partnership, joint venture, employment relations, or any other relationship except as set forth in this Agreement. 8. Entire Agreement. This Agreement constitutes the entire integrated Agreement between the City and the arresting agency and supersedes all prior negotiations, representations or agreements, oral or written. 7 9. Modification of this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the parties hereto. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10. Force Majeure. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, govemment action, civil or military authority, the natural elements, or other similar causes beyond the parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY ARRESTING AGENCY CITY OF HLINTINGTON PARK CITY OF VERNON Karina Macias, Mayor ATTEST: William McCormick, Mayor ATTEST: Donna Schwartz, City Clerk APPROVED AS TO FORM: Maria Ayala, City Clerk APPROVED AS TO FORM: Isabel Bimreta I Olivarez Madruga Hema Patel City Attorney City Attorney B RECEi\/ED JUL 0 2 2015 CITY CLERK'S OFFICE iFitEGEIVED JUt_ 0 I 20t5 CITY ADMINISTRATION STAFF REPORT DEPARTMENT OF PUBLIC WORKS, WATER AND DEVELOPMENT SERIVES DATE: TO: FROM: RE: July 7,2015 Honorable Mayor and City Council 4.- Samuel Kevin Wilson, Director of Public Works, Water and Development Services Amendment No. 2 to the existing Services Agreement between the City of Vernon and Interwest Consulting Group for On Call Building Plan Check and Inspection Serryices Recommendation A. Find that Amendment No. 2 renewing the existing Services Agreement between the City of Vemon and Interwest Consulting Group, for a period of one year, for On Call Building Plan Check and Inspection Services, is exempt under the California Environmental Quality Act (CEQA) in accordance with (a) CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment and (b) CEQA Guidelines Section 15268, because the proposed Amendment No.2 involves the issuance of building permits which is a ministerial action; and B. Approve Amendment No. 2 renewing the existing Services Agreement between the City of Vernon and Interwest Consulting Group, for a period of one year, for On Call Building Plan Check and Inspection Services. As revised, the contract would expire, effective July 1,2016. Background The City has an existing contract with Interwest Consulting Group for On Call Building Plan Check and Inspection Services. The current contract allows the City to renew the contract for one additional one year period. City staff is seeking approval to renew the contract for a one year period. Interwest Consulting Group was initially selected through a competitive selection process. The then-Community Services and Water Department (current Department of Public Works, Water, and Development Services) issued a Request for Proposal for On Call Building Plan Check and Inspection Services. Six firms submitted proposals and ultimately JAS Pacific and Interwest Consulting Group were selected for the subject work. During the course of the past two years, Interwest Consulting Group has performed well and it is recommended that the contract be renewed for a one year period. The fee for these services will remain unchanged. Fiscal Impact The total cost for services for the renewal period shall not exceed $50,000.00. The amount of work varies greatly from month to month, but it is anticipated that the actual costs of services will be much less than the not to exceed amount. The total amount of work performed during the 2013-14 year was approximately $12,500.00, this included Interwest Consulting Group providing a full time electrical inspector for a little over a month while the City recruited a new individual to fill this position. For 2014-15 no work was performed The Department budgeted funds for this service in the 2015-2016 fiscal year budget. Attachment l. Amendment No. 2 - Interwest Consulting Group AMENDMENT NO.2 TO THE SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND INTERWEST CONSULTING GROUP FOR ON-CALL BUILDINGPLANCHECKANDINSPBCTI0NSERVICES This Amendment ("Amendment No. 2") to that certain Agreement for on-call building plan check and inspection services dated July 1,2013,(the'Agreement"), is made as of iuly l, 2015, by and between the City of Vernon, a California charter city and municipal corpoiution ithl "City";, and Interwest Consulting Group ("Contractor"), a California corporation. WHEREAS, the City and contractor are parties to a written Agreement, as amended, dated July l,2ol3,on July under which contractor provides on-call building plan check and inspection services ("the Agreement"); and WHEREAS, the City and Contractor desire to amend the Agreement to renew the Agreement effective July I iZO|S,through June 30, 2016, for a total amount not to exceed 550,000.00 for this renewal term. NOW, THEREFORE, the parties to this Amendment No. 2 agree as follows: l. The Agreement has been renewed for an additional one (l) year period, and the Termination Date listEd on the Cover Page is amended to June 30,2016. There are no further renewal terms beyond this one final one-year renewal term' 2. Except as expressly modified by this Amendment No. 2, all provisions of the Agreement shall remain in full force and effect. 3. The provisions of this Amendment No. 2 shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment No' 2 and shall supersede any other agreement, understanding, or arrangement' whether written or oral, between the parties with respect to the subject matter of this Amendment No. 2. 4. The person or persons executing this Amendment No. 2 on behalf of each of the parties warrants und ,.p..rrnis that he or she has the authority to execute this Amendment No' 2 tn behalf of that party and has the authority to bind that party to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties have signed this Amendment No' 2 as of the date stated in the introductory clause. ISTGNATURES FOLLOW ON NEXT PAGEI I CITY OF VERNON a California charter city Interwest Consulting Group, a California and municipal corporation corporation Mark Whitwonh, City Administrator ATTEST: By: Name: Title: By: Name: Title:Maria E. Ayala, City Clerk APPROVED AS TO FORM: Brian Byun, Deputy CitY AttorneY -2- REGEr\ftrD JUL 0 2 20i5 RECEIVED JUL 0 r 20t5 OITY ADMINISTRATION STAFF REPORT CITY CLER[('S OFFI PARTMENT OF PUBLIC WORKS, WATER AND DEVELOPMENT SERIVES DATE: TO: FROM: RE: July 7,2015 Honorable Mayor and City Council zh) Samuel Kevin Wilson, Director of Public Works, Water and Development Services Amendment No. 2 to the existing Services Agreement between the City of Vernon and Jason Addison Smith Consulting Services dba JAS Pacific for On Call Building Plan Check and Inspection Services Recommendation A. Find that Amendment No. 2 renewing the existing Services Agreement between the City of Vernon and Jason Addison Smith Consulting Services dba JAS Pacific, for a period of one year, for On Call Building Plan Check and Inspection Services, is exempt under the California Environmental Quality Act (CEQA) in accordance with (a) CEQA Guidelines Section 15061(bX3), the general rule that CEQA only applies to projects that may have an effect on the environment and (b) Guidelines Section 15268, because the proposed Amendment No. 2 involves the issuance of building permits which is a ministerial action; and B. Approve Amendment No. 2 renewing the existing Services Agreement between the City of Vernon and Jason Addison Smith Consulting Services dba JAS Pacific, for a period of one year, for On Call Building Plan Check and Inspection Services. As revised, the contract would expire, effective July l, 2016. Background The City has an existing contract with Jason Addison Smith Consulting Services dba JAS Pacific for On Call Building Plan Check and Inspection Services. The current contract allows the City to renew the contract for one additional year. City staff is seeking approval to renew the contract for a one year period. JAS Pacific was initially selected through a competitive selection process. The then-Community Services and Water Departrnent (current Department of Public Works, Water and Development Services) issued a Request for Proposal for On Call Building Plan Check and Inspection Services. Six firms submitted proposals and ultimately JAS Pacific and Interwest Consulting Group were selected for the subject work. During the course of the year, JAS Pacific has performed well and it is recommended that the contract be renewed for a one year period. All fees for services will remain the same. Fiscal Impact The total cost of services shall not exceed $50,000.00 for the duration of this renewal period. The amount of work varies greatly from month to month, but it is anticipated that the actual costs of services will be much less than the not to exceed amount. The total amount of work performed during the 2013-14 year was approximately $11,000.00 and for 2014-15 was approximately $10,000. The Department budgeted funds for this service in the 2015-2016 fiscal year budget. Attachment l. Amendment No. 2 - JAS Pacific AMENDMENT NO. 2 TO THE SERVICES AGREEMENT BETWEEN THE CITY OF YERNON AND JASON ADDISON SMITH CONSULTING SERVICES, INC., DBA JAS PACIFIC FOR ON-CALL BUILDING PLAN CHECK AND INSPECTION SERVICES This Amendment ("Amendment No. 2") to that certain Agreement for on-call building plan check and inspection services dated July 1,2013, (the "Agreement"), is made as of July 1 ,2015, by and between the City of Vernon, a California charter city and municipal corporation (the "City"), and Jason Addison Smith Consulting Services, Inc., dba JAS Pacific ("Contractor"), a California corporation. WHEREAS, the City and Contractor are parties to a written Agreement, as amended, dated July I,2013, under which Contractor provides on-call building plan check and inspection services ("the Agreement"); and WHEREAS, the City and Contractor desire to amend the Agreement to renew the Agreement effective July l, 2015, through June 30, 2016, for a total amount not to exceed $50,000.00 for this renewal term. NOW, THEREFORE, the parties to this Amendment No. 2 agree as follows: l. The Agreement has been renewed for an additional one (1) year period, and the Termination Date listed on the Cover Page is amended to June 30,2016. There are no further renewal terms beyond this one final one-year renewal term. 2. Except as expressly modified by this Amendment No. 2, all provisions of the Agreement shall remain in full force and effect. 3. The provisions of this Amendment No. 2 shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment No. 2 and shall supersede any other agreement, understanding, or arrangement, whether written or oral. between the parties with respect to the subject mafier of this Amendment No. 2. 4. The person or persons executing this Amendment No. 2 on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment No. 2 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties have signed this Amendment No. 2 as of the date stated in the introductory clause. ISTGNATURES FOLLOW ON NEXT PAGEI -l- CITY OF VERNON a California charter city and municipal corporation By: Mark Whitworth, City Administrator ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Brian Byun, Deputy City Attorney Jason Addison Smith Consulting Services Inc., dba JAS Pacific, a California corporation By: --t-= -2- ritre: wEfia${ REGEIVED JUL 0 1 2015 DATE: TO: FROM: RECEIVED JUN t8 20t5 CITY ADMINISTRATION RE STAFF REPORT July 7,2015 Honorable Mayor and City Council samuel Kevin witson,4director of Public works, water and Development Serices Department Originator: Felix U#."o, Assistant Engineer Bid Award for City Contract No. CS-0534: Slauson and Boyle Street and Traffic Improvements Recommendation A. Find that the award of the proposed Capital Improvement Project at Slauson Avenue and Boyle Avenue is categorically exempt under the California Environmentally Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (Existing Facilities), part (c) (existing highways and streets), because the project is merely to repair existing streets and involves negligible or no expansion of existing use; and B. Accept the bid proposal from Sully-Miller Contracting Company, as the lowest responsive and responsible bidder and enter into contract, not to exceed 9I,624,230.25, for the Slauson and Boyle Street and Traffic Improvements Project, City Contract No. CS-0534, and to reject all other bids. Further authorize a contingency of $75,000.00 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. Background This project consists of removal of 2 to 6 inches deep of the existing asphalt pavement, adjusting to grade manholes and valves and rejuvenation by mixing the removed asphalt with new emulsified recycling agents, water and additives Cold Central Plant Recycling (CCPR) process. After curing of the recycled asphalt, an overlay of 2-inch thick latex modified asphalt concrete will be installed on the streets per plans. In addition, removal and replacement of damaged curb, gutter, sidewalk, driveways, and the installation of handicap access ramps will be completed per the plans. High-Early (10" thick) concrete approaches will be constructed at various intersections. CITY OLERKS OIFICE PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT Page I of2 Traffic Signal modifications will be made at three intersections. Crack Sealing will be done on Vemon Avenue, 49th Street, 38th Street and Malburg Way. Channelization of paved streets shall include traffic striping and pavement markings. On May 4,2015, the City Attorney approved as to form the project specifications and on Mayl2,20l5, the City Administrator authorized the advertisement of the Notice Inviting Sealed, Competitive Bids for the Slauson and Boyle Street and Traffic Improvements Project. The Notice Inviting Bids was posted on the City's website and published in the Vernon Sun newspaper and in addition it was also advertised in the following construction related websites: Bid America, eBidboard Construction Contract Advertising, McGraw-Hill Construction. The Department has utilized the template Notice Inviting Bids, Bid Form and Project Specifications, Instructions to Bidders and Specifications and Contract approved by City Council on May 3,2015 under the Competitive Bidding and Purchasing Ordinance, Article IV of Chapter 2, Section 2.17.34. The bids for Contract No. CS-0534, Slauson and Boyle Street and Traffic Improvements Project, were received and opened on June 10,2015. The calculated results were as follows: l. Sully-Miller Contracting Company 2. Palp Inc. DBA Excel Paving Company 3. All American Asphalt Company 4. Sequel Contractors Inc. $1,624,230.25 $ 1,648,303.l4 $ 1,721,980.00 $1,777,342.00 A discrepancy was found in Sully-Miller Contracting Company's bid between the "Grand Total" and the "Total Cost". In accordance to the Contract Specifications, in the event of a discrepancy between the "Grand Total" and the "Total Cost", the "Unit Price" shall control over the "Total Cost". The "Grand Total" cost detailed in the bid is $1,625,530.25.The calculated total cost for this bid is $1,624,230.25. Therefore, the total contract amount will be $1,624,230.25. Fiscal Impact The total budgeted fi.rnds for this project are $1,750,000.00. The Public Works, Water and Development Services Department has combined the Capital Expenditure funds from the following Capital Improvement Projects in the approved FY 2015-2016 City Budget: $1,280,000.00 from Slauson Avenue Resurfacing (Boyle to Downey) $300,000.00 from Boyle Avenue Resurfacing (Slauson to Randolph) $50,000.00 from Bandini Boulevard at I-710 Freeway Traffic Signal lmprovements $40,000.00 from Santa Fe Avenue at28b Street Traffrc Signal Improvements $30,000.00 from Slauson Avenue at Alcoa Avenue Traffic Signal Improvements $50,000.00 from Citywide Crack Seal Repair The low bid amount of 1,624,230.25 is under the remaining funds will be used for contingency costs. Attachment(s) 1. Contract Agreement No. CS-0534 budgeted amount by $125,769.75. The Page2 of2 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 0F VERNoN, a chartered municipal corporation (hereinafter "City') and Sully-Miller Contracting Company, a Delaware corporation (hereinafter "Contractor'), for constructlon of Slauson & Boyle Street & Traffic lmprovements, Contrac.t No. CS.0534. THE PARTIES HERETO AGREE AS FOLLOWS: 1. CONTMCT DOCUMENTS The 'Contract Documents" except for modifications issued after execution of this Agreement, shall consist of the following documents which are either attached hereto as exhibits or are incorporated into this Agreement by this reference, with lhe 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), Exhibit C (Living Wage Provisions), Exhibit D (Equal Employment Opportunity Practices Provisions), Exhibit E (City Standard Plans), and allAttachments and Sub-Exhibits thereto; C. Notice lnviting Bids; D. lnstructions to Bidders; E. Bid Forms; F. Designation of Subcontractors; and G. Bidding Addenda Nos, f. 2, SECTION INTENSIONALLY OMITTED 3, SCOPE OF WORK Within the Contract Time and for the stated Contract Sum, subject to adjustments thereto, and pursuant to the Contract Documents, the Contractor shall perform and provide all necessary: labor; services; supervision; materials; tools; equipment; apparatus; facilities; supplies; tools; permits, inspections, plan checks, and similar Governmental Approvals; temporary utilities; utility connections; and transportation necessary to complete the Work in strict conformity with the Contract Documents for: STANDARD FORM OF CONTRACT 1 Slauson & Boyle Street & Traffic lmprovements Contract No. CS-0534 4, TIME FOR PERFORIVIANCE Contac't Time. Contractor shall achieve Substantial Completion of the Work within 90 calendar davs from the Dale of Commencement eslablished in City's written Notice to Proceed ("Contract Time'), subject to adjustment in accordance with lhe Contract Documents, Contractor shall achieve Final Completion of the Work, within the time eslablished by the Certificate of Substantial Completion issued by the City. The Contract Time may only be adjusted as permitted by this Construction Contract and the General Conditions. Time is of the essence of this Agreement. Except when the Contract Documents state otherwise, time is of the essence in the performance of the Work. Contractor acknowledges that the time limits and deadlines set forth in the Conkact Documents are reasonable for Contractor to perform and complete the Work. Liquidated Damages. lf Contraclor fails to achieve Substantial Completion of the entire Work within the Contract Time for Substantial Completion, Contractor shall pay City as liouidated damaoes the amount of one lhousand and five hundred dollars ($1,500) per day for each calendar day occumng 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 o{ Contract. Contractor lnitial here: 5, CONTMCT SUM ln consideration of the Contractofs full, complete, timely, and faithful performance of the Work required by the Contract Documents, City shall pay Contractor the sum of one l\rlillion, Six hundred and Twenty Four Thousand, Two Hundred and Thi(y Dollars and Twenty Five cents ($1,624,230.25), payable as set forth in the General Conditions ('Contract Sum"), STANDARD FORI\,4 OF CONTRACT 2 lN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and year first above written. Executed at , California. [Contracto/s Corporate Seal] CITY OF VERNON: Sully-Miller Contracting Company: By: An Authorized Signatory Printed Name: Title: Date: APPROVED AS TO FORM: By: CONTRACTOR'S SIGNATURE MUST BE NOTARIZED By: Name: Title: Name: Title: Date: STANDARD FORM OF CONTRACI 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 by the City to be canied in the Base Bid sum, Contract Sum, and Schedule of Values for Payment for a particular item ol Work, which cannot be sufficiently defined so as to allow the Conhactor 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 the Work or to permit delened approval or selection of actual materials and equipment to a later dale when additional information is available for evaluation. B. As.Builts. The documents prepared by Contractor showing the condilion ol the Work as actually built, including, without limitation, 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 Documents. C. Base Bid, The total sum stated in the Bid Form for which the Bidder offers to perform Work descnbed 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 Bidder on City-prescribed forms to perform the Work for the prices stated in response to the Nolice lnviting Bids. E. Bid Alternate. An item of Work described in the Contract Documents as an Alternate Bid thal will be added to or deducted from the Base Bid and the Contracto/s responsrbility only if the City accepts the Bid Altemate. F. Bid Forms: The Cily-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) lncumbency Certificate; (4) Bid Bond; (5) Biddeis Statement of Qualifications; (6) Experience Form; (7) Trades Experience Form; (8) Contractor Safety Questionnaire; (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, ARM, HUD, etc.). G. Bidder. The individual, partnership, flrm, corporation, joint venture or other legal entity submitting a bid on these Contract Documents or any part thereof. H. Bidding Oocuments. Bidding Documents include lhe Bidding Requirements and the proposed Contract Documents. 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 Eletween City and Contractor; (3) the Conditions of the Contract (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 Construction ARTICLE 1 GC-1 J. K, L. Contract; (8) all Modifications issued after 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 wntten document 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 specific Scope Change in the Work; the amount of the adjustment, if any, in the Contract Sum; and the extent of the adjustment, rf 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 ol 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 Vernon, Califomia, acting through its City Council or other City offlcials authorized to acl for the City, acting in its proprietary rather than regulatory capacity in connection with the Project. Construction Change Directive. A wntten order prepared and signed by the City directing a change in Work pnor to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. Contrac't Documents. The Contract 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 to the Contract; (5) the Drawings; (6) the Specifications; (7) all Addenda issued pnor to the execution of the Contract; (8) all Modifications issued after the execution of the Contract; 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 what is required by one shall be as binding as if required by all; per{ormance 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. Contrac't. The Contract Documents form the Contract for Construction. The Contract Represents the entire and integrated agreement between the parties hereto and supersedes pnor 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 consfued to create a mntractual relationship o{ 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 mmpensation stated in the Construction Contract that is payable to Contractor Ior the complete performance of the Work in accordance with the Contract Documents. Contrac't 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). M N 0 P ARTICLE 1 0 R. T S U, 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, firm, corporation, joint venture or other legal entity in the execution of the Contracl as general contmctor for construction of the Work. Conec{ion Period, Conection Period is synonymous with the terms of the conection guaranlee period used in the Contract Documents. Date of Commencement. The dale for commencement of the Work fixed by City in a Notice to Proceed to Contractor. Day. The terms "day" or "days" mean calendar days unless otheruise specifically designated in the Contract Documenls. The term 'Work Day" or "Working Day' shall mean any calendar day except Salurdays, Sundays and City+ecognized legal holidays. Director. The Director of the Public Works, Water & Development Services ot the City of Vemon or his/her duly appointed representative. Drawings. The Dralvrngs are the graphic and pictorial po(ions of the Contract Documents showing the design, location, and dirnensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. Extra Work, New or unforeseen 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 fontractor to incur additional and unforeseen costs. Field Direc-tive. See, 'Work Direaive." Final Compldion. Final Completion is lhe stage of performance ol the Work 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, correction or complelion of all punch list items noted by City upon Substantial Completion; (2) Contractor has delivered to City an Application for Final Paymenland all closeout documentation required by the Contract Documents; and (3) documentation of all final Governmental Approvals has been submitted to City including, but not limited to a final Certificate of Occupancy or equivalent Building Departmenl sign{ff has been issued covering the entire Project site without exception or conditions. Force Majeure. "Force l\4ajeure" includes but is not limited to declared or undeclared war, sabotage, insunection, riot, or other acts of civil disobedience, labor disputes, fires, explosions, floods, earthquakes orother acts of God. Fragnet. The sequence of new activities that are proposed to be added to an existing schedule. Govemmental Approval. Any approval, authonzation, inspection, certification, consent, exemption, flling, permit, registration, plan check, ruling or similar authorization required by any federal, state or local law, regulation or procedures in order for Contractor to perform the Work. Guarantee. Assuran@ to City by Contractor or product manutacturer or other specified party, as guarantor, that the specified wananty will be fulfilled by the guarantor in the event of default by the warrantor. ARTICLE 1 X. z AA BB DD EE FF GG. HH. il. Modification. A Modification is: (1) a written amendment to Contract signed by both partiesi (2) a Change Order; or (3) a Construction Change Directive. Notice to Proceed. The Notice to Proceed is a document issued by the City Iixing the date for Commencement for the Work. Parties. The City and Contractor may be referred to in the Contract Documents lrom time to time as the Parties, Permits. Governmental Approvals and Utility Fees as required by any agency. Section lntentionally 0mitted, Proiect. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the City or by separate contractors. Projec't ManuaUContract Package, The volumes of Contract Documents and relerence documents assembled for the Work made available to Bidders Record Documents, The Drawings, Specifications, addenda, requests for information, bulletins, Change orders and other modifications to the Contract Documents, approved shop drawings, product data, samples, mock-ups, permits, inspection reports, test results, daily logs, schedules, subcontracts, and purchase orders. Records Documents shall include a set of "As-Built" Drawings and Specificalions, which shall be continuously updated during the prosecution of the Work. The physical area designated in the Contract Documents for Contracto/s performance o{ 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, if any, the "GREENBOOK STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2015 Edition), the Standard Plans for Public Works Construction (2009 Edition), State of California, Department of Transportation Standard Plans and Standard Specifications (2010 Edition), and the City of Vernon Standard Plans, Specifications. The Speciflcations are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards, and workmanship for the Work and performance of related services, including, but not limited to, the Project Technical Specifications, Standard Specifications, if any, and any applicable Trade Associatlon Speciflcations. 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 for its intended use and as further defined in the Contract Documents. Unilateral Change Order. See "Work Directive " ARTICLE 1 GC4 JJ. KK. LL Site. Work. t\,4 t\4 NN oo PP OO. t tility Fees. The fees charged by any public, privale, cooperative, municipal and/or govemment line, facility or system used for the caniage, transmission and/or distribution of cable television, electric power, telephone, water, gas, oil, petmleum, steam, chemicals, sewage, storm waler or similar commodity including, but not limited to fees for temporary utilities and refuse hauling. RR. Wanan$. Assurance to City by mntraclor, installer, supplier, manufacturer or other party responsible as wanantor, for the quantity, quality, performance and other representatrons of a product, system service of the Work. SS. Wo*. 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, equipmenl, and services provided or to be provided by the Conkactor to fulfill the Contracto/s obligations. The Work may constitute the whole or a part of the Poect. TT. Work Direciive. A Work Directive is a unilateral written order issued by the City directing Contractor to continue performance of the Work or to perform a disputed change in the Work prior to agreement or adjustment, if any, in the Contract Sum, Contract Time, or both, 1,02 REPRESENTATIVES A. The Director shall be the representative of the City and, except as otheMise expressly provided herein, shall make all decisions and interpretations lo be made by the City under the provisions of the Contract Documents. B. The Contractor shall at alltimes be represented on the Work in person or by a duly designated agent. lnstructions and information given by the Direclor to the Contracto/s agent on the Work shall be considered as having been given to the Contractor. 1.03 UTILITIES A. City of Vemon shall obtain all Govemmental Approvals and Utility Fees required for the construction of the project. B. Contractor shall obtain a no-fee encroachment permit from he City of Vemon's Public Work, Water and Development Services Department. C, All documents evidencing Contractor's satisfaction with all Governmental Approvals and Utility Fees must be submitted to the City prior to submission of the Application for Final Payment. D. Where requirements of the Governmental Approvals differ from those of the Drawings and Speciflcations, the more stringent requirements shall apply. 1.04 LTCENSES 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. ,I.05 ALLOWANCES ARTICLE 1 GC-s A B (, Contractor shall include in the Contract Sum and Schedule of 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 deflnition of Allowance. The line item cost estimale established by the City for Work mvered by an Allowance includes the cost to Contraclor of: all materials and equipment, preparation of submittals; labor; transportation; delivery; handling; installation; supervision; overhead; profit; licenses; bonds; insurance; allsales, use and other taxes legally chargeable; and all other cosls and expenses incidental to such Work. Work items mvered by Allowances shali be supplied with such materials and equipment and for such pnces approved in advance by City. Contractor shall notify and request City's approval of matenal equipment, and pricing information for Work covered by an Allowance before ordering the material or equipment and in sufficient time to avoid delay lo the Work. City shall provide approval of materials, equipment, and prices with reasonable promptness. The material, equipment, and pricing information submitted by the Contractor to the City's Project l\4anager shall, at a minimum, include product data and detailed costs of material, equipment, and labor to complete such Work, itemized by msts incurred by Contractor and each subcontractor associated with the performance of such Work. Contractor shall not order matenals or equipment or proceed with Work covered by an Allowance until lhe material, Euipment, and pncing information for such Work items have been submitted to lhe City's Prqect Representative for review and the Contractor has received City's approval to proceed with a Work item covered 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 ts less than the Allowance cosl estimate established by the City, the Contact Sum shall be reduced by Change Order or Construction Change Direclive to reflect the actual mst of the Allowance item. Similarly, to the extent the cost of Work items covered by an Allowance is greater than the Allowance cost estimate, the Conhact Sum shall be increased by Change Order or Construction Change Directive to reflect the actual cost of the Allowance ilem. lf Work items covered by an Allowance are not p€rformed or the City deletes such items from the Scope ol Work, the Contract Sum shall be reduced by Change order or Construction Change Directive to deduct the Cost of the unused Allowance item. WATVER A waiver by City of any breach of any term, covenant, or condition contained in the Contract Documents shall nol be deemed to be a waiver of any subsequent breach of the same or any other term, mvenant, or condition contained therein, whether of the same or a different character, DATA TO BE FURNISHED BY THE CONTRACTOR The Conkactor shall fumish the Director with such information as the Director may desire respecting the character of the materials and the progress and manner of the Work, including all information necessary to determine the Conkacto/s costs, such as the number of persons employed, their pay, the time during which they worked on the various classes of construction, and other pertinent data. CONTRACT DRAWNGS The City will accept no responsibility for enors resulting from misinterpretation or scaling of the Drawings. D. E. 1.06 1.07 1.08 ART CLE 1 1.09 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, 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 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 Directo/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 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 Specifications.E. For convenience, 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 the 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 uptodate approved set. 1.10 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 otherwise 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: 1. Governmental Approvals including, but not limited to, permits required for the Work 2. Modifications issued after execution of the Contract (including modifications to Drawings and Specifications) 3. The Contract, including all exhibits, attachments, appendices and Addenda, with later Addenda having precedence over earlier Addenda 4. Special Conditions, if any 5. GeneralConditions6. Specifications 7. Drawings8. Bidding Requirements B. With reference to the Drawings, the order of precedence is as follows: 1. Change Order Drawings 2. Addenda Drawings 3. Contract Drawings 4. Project Drawings 5. Standard Drawings ARTICLE 1 GC.7 6. Detail Drawings7. General Drawings 8, Figures L Scaled dimensions C. Within the Specifications, the order of precedence is as follows:'1. Change Orders 2. Special Conditions3. ProjectTechnicalSpecifications4. Standard Specifications, il any5. ApplicableTradeAssociationSpecifications 1,11 NOTICE OF CONFLICTS lf the Conkactor, in the course of the Work, becomes aware of any claimed conflicts, errors or omissions in the Contract Documenls or in the City's fieldwork or work of City's separate contractors, the Conkactor shall immediately notily the Director in writing. The Director shall promptly review the matter, and if the Director finds a conflict, error or omission, the Director shall determine the conective actions and advise the Contractor accordingly. lf the correction associated wilh a conflict, enor 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 dismvery of an error 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 Construclion Reports: The Contractor shall prepare a daily construction report recording the following information concerning events at P@ect site: 1. List of Subcutractors at Prqect site.2, List of other contraclors at Prqect site.3. Approximate count of personnel at Project site.4. Equipment at Project site.5, lvlaterial 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,11. Meter readings and similar recordings.12. Emergencyprocedures.13. Orders and requests of authorities having jurisdiction. 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 Prqect 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, ARTICLE 1 GC{ 1.13 lmmediately upon discovery of a difference between field conditions and the Contract Documents, the Contractor shall prepare and submit a detailed report through a Request for lnformation (RFl). lnclude a detailed description of the differing 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. LINES. GRADES. AND MEASUREMENTS A. AII lines and grades will be established by the Contractor. The Contractors shall carefully preserve all survey stakes and re{erence points as Iar as possible. Should any stakes or points be removed or destroyed unnecessarily by any act of the Contractor or his/trer employees, they must be reset to the satisfaction of the Director, at the Contracto/s expense. B. The Contractor shall inform the Director 48 hours (two Work Days) in advance o{ the times and places at which he/she intends to Work in order that inspection may be provided, and that necessary measurements for re@rds and payments may be made with minimum inmnvenience. C. No direct payment will be made for the cost lo the Contractor of any of the Work or delay occasioned by giving lines and grades, by making other ne@ssary measurements, or by inspection. RIGHT OF WAY A. The site for the installation of equipment or the nght 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 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 of way or property are required by the Contractor for his/her operations, he/she shall make anangements with the property owners for the use of such additional areas al his/her own expense. CONTRACTOR'S OPERATIONS/STORAGE YARD ln the event the Conlractor requires space for the storage and/or staging of construction materials, supplies, equipment, stockpiling of debris, or any other needs required for custruclion operations, he/she shall aquire 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 Contractor's expense with construction fencing mvered with a mesh screen to limit visibility to the site. Pnvate property used for storage of construction material or debris shall be restored to a legalcondition with regard to appearance and maintenance upon conclusion of the project. Propery Should be graded and free of weeds and debris when proiect is mmpleted. ARTICLE 1 GC-9 1.14 1.15 [END OF ARTICLE] 2.01 ARTICLE 2.PERFORMANCE OF THE WORK PERFORMANCE OF WORK. GENERAL Contractor shall, at its own mst and expense, furnish all necessary materiais, 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 ofthe Director, or his/her designated assistant. NO ASSIGNMENT OR OELEGATION Contraclor shall not assign or delegate the duties or obligations under this Contract or his/her interest therern in whole or in pa( 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 mmmensurate 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 matenal furnished shall be subject to the approval of the 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 Contractor'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 workers to ensure that the milling, transporting, 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 project. The City Engineer shall have unrestricted access to the laboratory, sampling, testing sites, and all information resulting lrom mix design and quality control activities. All Quality Control testing results shall be submitted to the City Engineer on a daily basis. DEFECTIVE WORK Within the time periods that the City specifies, the Conkactor 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 part of the Work that is deficient, improperly executed, or unsatisfactonly 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 of the Contractor, plus 15% for overhead expenses, and his/her sureties shall be liable therefor. (See Paragraph 2.15forcuring defects after acceptance of the Work.) ARTICLE 2 GC.10 2.03 2.04 2.05 CITY'S RIGHT TO CARRY OUT THE WORK A, Notwithstanding other remedies available to the City, if the Contraclor defaults, fails to perform Work required by the Contract Documents, or otherwise neglects to carry out the Work in accordance with the Contract Documents and fails within a 48 hour period afrer receipt of wntten 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 deliciencies 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, replacemenl or conection of such deficiencies, including compensation for additional services by the City's project management staff, the Architect, and their respective consultants made necessary by such default, failure to perform, or neglect, plus 15% for 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 lhe 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 certilied 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 specifled in wdting by such Person): All conespondence with Contractor shall be sent to the following address: Attention: Phone: Facsimile: All communications shall be copied to City and shall be delivered to City's Director at the address set {orth below, with copies to such additional persons as may be directed by City's Director. City of Vernon Public Works, Water & Development Services Depq4ment 4305 Santa Fe Avenue Vernon, CA 90058 ARTICLE 2 GCrl 2.06 Attention: Samuel Kevin Wilson, P.E. c. Phone: Facsimile: (323)826-1435 E-mail: rcOgugz@rj.yqlllcars 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 carner or other Person making the delivery. Not'ivithstanding 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 flrst business day following delivery (that is, in order for a fax to be deemed received on the same day, al least the llrst 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. Contracto/s representatives shall be available at all reasonable times Ior consultation, and shall be authonzed to act on behalf of Contractor in matters concerning the Work. Contractor shall mpy City on all written correspondence pertaining to the Contract bet/veen Contractor and any Person other than Contracto/s Subcontractors, consultants and attorneys. Notification of Affecled 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 mpies thereof will be prepared by City staff lor Contractor distribution to all residents, business establishments, and institutions fronting on or directly affected by the poect, 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 pnor 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 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 notiflcation 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 distnbuted to the affected residents and businesses. lf a Contractor is unable to adhere to his schedule as indicated on his written notification, then all the affected residents and places of business shall be re-notified of the revised schedule, in writing, as indicated above. Conkactor costs for all of the above notifications shall be considered as included in the appropriate items of the Bid Poposal. Notification of Utilities - The provisions of Section 5 entitled "Utilities" ol the "Greenbook" Standard Specifications shall apply. The Conkactor shall contact lhe Underground Service Alert of Southem California (U.S,A.) at least two working days in advance of the construction work ARTICLE 2 GC.12 D 2.07 2.08 INDEPENDENT CONTRACTOR The Contractor in the performance of the Work hereunder will be acting in an independent capacity and nol as an agent, employee, partner, or loint venture of the City. EMERGENCYWORK A Dudng Working Hours: ln case of an emergency which threatens loss or injury of property, and/or safety of life during working houc, the Contractor shall act, without previous instructions from the City, as the situation may wanant. He/she shall notry 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 afler the emergency. Compensation, il allowed, will be paid for as Extra Work. B. Outside of Working Hours: Whenever, in the opinion of the City, there shall anse outside of the regular Working hours on the Contract Work of an emergency nature lvhich threatens loss or injury of property, or danger to public safety, 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 immedialely thereafrer. Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Direclor 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 ,,rorking 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 coneclive measures will be billed to the Contractor and deducted from his/her payment as provided in the Contract Documents. The performance of emergency Work by City forces wll not relieve the Contractor of any of his/her responsibilities, obligations, or liabilities under the Contract. SUBCONTRACTORS A. Each subcontract shall mntain a reference to the Contract between the City and the principal Conkactor, and the terms of the Contract and all parts thereof shall be made part of each subcutract insofar as applrcable to the Work covered thereby. lf, in the Director's opinion, the Subcontractor fails to mmply with the requirements of the pnncipal Contract insofar as the same may be applicable to the Subcontracto/s Work, the Director may disqualify the Subcontractor. B. Nothing contained in these Contract Documents shall be construed as creating any mnlractual relationship between any Subcontractor and the City C, The Contractor shall be considered the employer of the Subcontractoc and shall be fully responsible to the City for the acts and omissions of Subcontractors and of persons employed by lhem as the Contractor is for the acls and omissions of persons directly employed by him/her. D. The Contractor shall be responsible for the coordination of the trades, Subcontractors, and matenal suppliers engaged upon the Work, lt shall be the Contracto/s duty to see that all of his/her Subcontcctors commence lheir 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. ARTICLE 2 GC-13 2.09 2.10 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 the Work which are specifled to be performed by specialty contractors. USE OF FACILITIES PRIOR TO COMPLETION OF CONTRACT A. Whenever in the opinion ofthe Director any Work under the Contract, or any portion(s) lhereof, is in a condition suitable for use by the City, the City may, after written notice and designation ftom the Director to the Contractor, use (which includes, but is not limited to, taking over or placing into service) any portion(s) designated by the Director. B. The use of any portion(s) by the City shall not be construed as, and will nol mnstilute 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 penods. C. All necessary repairs, renewals, changes, or modifications 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 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 responsibilities or liabilities under the Contract nor custitute a waiver by the City of any of the conditions thereol. Said use shall not cancel liquidated damages as of the first date of use, or any continuance thereof, nor impair, reduce, or change the amount ol liquidated damages. COOPERATION WTH OTHER WORK FORCES A. The City reserves the nght to perform other Work at or near the site at any time by the use of its own forces or olher contractoc, B. other contractors, other utilities and public agencies or their contractors, other City mntractors, and City personnel may be working in the vicinity during the project construction penod. There may be some interference between these activities and lhe Work under the Contract Documents. The Contractor shall cooperate and coordinate his/her Work with that of other Work Iorces to assure timely Contract completion. AGREEMENTS WTH PROPERTY OWNERS Agreements with property owners for storing excavated material, storing any other materials, or for any other purpose related to the Work shall be made in writing and a copy submitted to the Director for his/her information. All storage charges shall be at the Contractor's sole expense, 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 the Contractor at all times. Should any facility, structure, or property be damaged during operations of the Contractor, he/she shall immediately notify the property owneG or authonties. All damages and losses incuned shall be paid by the Contractor. ARTICLE 2 GC-14 2.11 2.12 2.13 2.14 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES A. Risk of Loss Except as otheMise povided in the Contract Documents and except as to the cost of repair or restoration of damage to the Work caused by force majeure, the Contractor shall bear all losses resulting to him/her on account of the amount or character of the Work, or from any unforeseen obstructions or di{ficulties which may be encountered, or from any encumbran@s on the line of the Work, or because the nature of the gound in or on which the Work is done is difierent 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 matenals and facilities as hereinafter provided and in lhe event ol his/her failure to carry out said responsibilities, the same may be canied out by the City al the exp€nse of the Contractor: 1 . The Contractor shall be responsible for any materials so lumished 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 hisiher Work. City facilities damaged by, or as a result of, the Conkacto/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 vicin y of the completed Work all buildings, rubbish, unused matedal, 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 time the City may do so at the Contracto/s expense. C. Laivs and Regulations 1. The Contractor shall obey all laws, ordinances, and regulations in any manner affecting those engaged or employed on the Work, or the materials used in the Work, or in any way affecting the conduct of the Work, and of all court 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 Specilications 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 Direclor. 2, Contractor shall, at all times, cause all his/her agents and employees to observe and mmply with all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may bemme effective before Final Completion of this Contracl. 3. Nothing in the Contract Documents shall be construed to permit Work not conforming to such laws, ordinances, and regulatons, lf the Contractor ascertains at any time that any requirement of this Contract is at variance with such applicable law requirement, he/she shall immediately notify the Director. ARTICLE 2 4 lf such applicable law requirement was not in effect on the date of submission of bids, any necessary adjustment of the Contract price shall be made as provided in A(icle 6 herein. lf such applicable law rEuirement was in effect on said date of bid submission, no adjustment of Contract price will be considered. The Contractor, at hisiher own expense, shall pay all taxes properly assessed against his/her equipment, materials, or property used or required in connection with the Work. 2.15 WARRANTY AND CORRECTIONS A.Wananty 1. 2. 3. 4. 2 1. Wananfu. The Contractor wanants to the City that (i) materials and equipment furnished under the Contracl will be of good quality and new unless otheMise required or permitted by the Contract Documenls; (ii) the Work will be of good quality and free lrom defects; (iii) the Work will mnform to the requirements of the Contract Documents; and (iv) Contractor will deliver the Project free of stop notice claims. Work not conforming to these requirements, including substitutions not accepted by the City, will be deemed defective. The Contracto/s wananty excludes improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. lf required by the City, the Contractor shalllumish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the conection obligation of Paragraph 2.M herein, Overlap. Where any wananties provided under the Contract Documents overlap, conflict, or are duplicative, Contractor will be bound by the more stnngent requirements. Procurement and Assiqnnent of Wananties: Contractor shall obtain in the name of City, or transfer or assign to City or City's designee prior to the time of Final Completion of the Work, any and all warranties or guarantees which C,onlractor is required to obtain pursuant to the contract Documents and which Contractor obtained from any other person or entity other than Contraclor including, but not limited to, Subcontractors 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 Subcontractors 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. SuNMal of Warranties: The provisions of this paragraph 2.15 will survive Contractois completion of the Work or termination of Contracto/s performance of the Work. Conection of Work Before u After Final Comoletion. The Conkactor shall promptly correct Work reiected by the City or City's designee, as failing to conform to the requirements of the Conkact Documents, whether discovered before or after Final Completion and whether or not fabricated, installed, or completed. Costs of correcting such relected Work, including additional testing, inspections, and compensation {or the City's services and expenses made necessary thereby, will be at the Contractor's expense within the Contract Price. Afrer Final Comoletion. ARTICLE 2 2.16 (a) ln addition to the Contractor's warranty obligations under Paragraph 2j5-A, n, 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 not in accordance wilh the requirements of the Contract Documents, the Conkactor shall commence correctron or replacement of such Work within forty€ight (48) hours after receipt of wriften notice from the City to do so. The Contractor shall perform such corrective work without charge or cost to the City after Final Completion of the Work. The Clty shall give such notice promptly after discovery of the condition. (b) lf the Contractor fails to commence correction or repla@ment ol non{onforming Work within fortyeight (48) hours after receipl of written notice, the Clly will proceed to have detects repaired or replaced at the expense of the Contractor and its Performance 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. lf, in the opinion of lhe City, defective work creates a dangerous or hazardous condition or requires immediate correction or attention to prevent further loss to the City or to prevent interruption of operations of the City, the City may take immediate action, give notice, make such correction, or provide such atlention and the cost of such correction or attention will be charged against the Contractor. Such action by the City will not relieve the Conhactor of the warranties provided in this Article or elsewhere in the Contract Documents, 3. ReDlacement or Renoval of Defective or Unauthorized Work The Contractor shall remove from the Site and replace those portions of 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 cosls from monies due or to become due to the Contractor. 4. D$truclion or Danaoe. In the event the Contractor destroys or damages any construction of the City or another contractor while correcting or removing Work which is not in accordance wrth the requirements of these Contract Documents, the Conkactor shall bear the cost o{ repairing 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 Conkactor might have under the Contract Documents. Establishment of the one-year period Ior correction of Work as described in Paragraph 2,15-8 relates only to the specilic obligation of the Contractor to correct the Work, and has no relationship to the limitations periods established by statute for any construction defect or other causes ol action. CLEANII'IG AND ENVIRONMENTAL CONTROLS The Contractor, Subcontractors 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 {rom site and dispose off-site legally. ARTICLE 2 GC-17 2.17 B. The Contractor shall mainlain at his/her disposal any and all equipment necessary to prevent and remediate any sanitary se\,!er 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 Contractor's operations. For purposes of this Paragraph, the affected areas include lhe 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 shall take appropriate action to ensure that no dust originates from the prqect Site. D. Any equipment or vehicles driven and/or operated wrthin or adjacent to a street gutter, storm drain, runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that il introduced to water could be deletenous to aquatic life. E. No debris, soil, silt, sand, bark, trash, sawdust, rubbish, cement or concrete or washings thereof, oil or pekoleum products or other organic or earthen material from any mnstruction, 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 mmpleted, any excess materials or debns shall be removed from the Work area, 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 p@ects, 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 Table 2-1 Minimum Water Quality Protection Requirements for Construction Prqects Category lvlinimum Requirements BNI Ps '1. Sediment Control Sediments generated on the project site shall be retained using adequate Treatment Control or Structural Bl\4Ps. Sediment Control 2, Construction l\,laterials Control Conskuction+elated materials, wastes, spills or residues shall be retained atthe poject 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 anv other activity shall be contained al the proiect sites. Site lvlanagement; Material and Waste Management 3. Erosion Control Erosion from slopes and channels shall be controlled by implementing an effeclive combination of Bl\,lPs, such as the limiting of grading scheduled dunng the wet season; inspecting graded areas during rain events; planting and mainlenance of vegetation on slopesi and covering erosion susceptible slopes. Erosion Control Please refer to the California Stormwater Quality Association's Construction Handbook (available on their websrte: www.cabmohandbooks.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 Soil. ln addition to the minimum BMPs required in Paragraph A, all construction prqects 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 submitted 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 [4ap, the Storm Water Pollution Prevention Plan (SWPPP), a signed certilication statement by the Legally Responsible Person (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 Project 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 number for the project (where applicable); 5. A list of major construction malerials, wastes, and activities at the project site; ARTICLE 2 GC,19 D 6. A list of best management practices to be used to control pollutanl discharges from major conslruction materials, wastes, and activities; 7. A sile plan (construction plans may be used) indicating the selection of BMPs and their location where appropnate; 8. Non-storm water discharges, their locations, and the BMPs necessary to prevent the discharge; 9. A maintenance and self-inspection schedule of the BlilPs to determine the effectiveness and necessary repairs of the BMPs; and 10, A certification statement that all required and selected Bl\,lPs will be effectively implemented, Within seven (7) days after the City awards the Contract, the Contractor shall submit seven (n 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, the Contractor shall revise and re-submit the document within seven (7) days of its receipt of the City's comments. The City shall then have seven (7) days to consrder the revisions made by the Contractor and approve the SWPPP, The Conkactor 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 Waler 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 City, 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 lhe implementation of Best Management Practices (B[4Ps) which will be used to reduce pollutants in the slorm water discharges from the mnstruction site, A Best Management Practice is defined as any program, technology, process, operating method, measure, or device thal controls, prevents, removes, or reduces pollution, The Contractor shall select appropriate BMPs from the Califomia Stormwater BMP Handbook, Municipal, lndustrial, New Development, and Construction Volumes (www.cabmohandbooks.com) in conjunction with all activities and construction operations. Copies of the California Stormwater BMP Handbooks may be obtained from: Califomia Stormwater Quality Association Cashier P.O. Box 2313 Livermore, CA 94551 www.cabmohandbooks.com Los Angeles County DPW 900 South Fremont Avenue Alhambra, CA 91803 Tel. No. (626)a58-69s9 lmplementation The Contractor will be responsible throughout the duration of the Poject for the installation, monitoring, inspeclion 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, contractods activilies, or mnstruction operations, The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP control measures to protect soil-disturbed areas of the prqect site before the onset of precipitation ARTICLE 2 GC.20 E F, and shall maintain a detailed plan for the mobilization of sufficient labor and equipment lo fully deploy these control measures. Throughout the winter season, aclive soil-disturbed areas of the prolect 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 Conkactor 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, The Cily may order the suspension of construction operations which are creating water pollution if lhe Contractor fails to conform to lhe requiremenls of this Paragraph 2.17. Unless otherwise directed by the City, the Contractor's responsibility lor SWPPP implementation shall continue throughout any temporary suspension of the Work, Sewage Spill Prevention. The Conlractor's attention is directed to the sewer bypass operation required dunng any sewer construction pursuant to the 2015 edition of the "Greenbook" Standard Specificalions 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 poect site. The Contractor shall be fully responsible for preventing and containing sewage spills as well as recovenng and properly disposing of raw sewage. In 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 to prevent further damage or service intenuption and to contain and clean up the sewage spills. Sewage Spill Telephone Notification Should a sewage spill occur, lhe Contractor shall immediately report the incident to either one of these two City Departments: Sewer Maintenance Services Fire Department Dispatch Center City ol Vernon Control Center (323) 826-1461 911 G The Contractor is encouraged to obtain telephone numbers, pager numbeIs and cellular telephone numbers of City representalives such as Prqect Managers and lnspectors. However, if these City represenlatives are not available, then the Contractor shall immediately call: Vince Rodriouez. Proiect l\,lanaoer (323) 855'2292 H. Sewage Spill Written Notification The Contractor shall prepare and submit a written report to the Director within three (3) Working Days from the occurrence 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 ARTICLE 2 GC-21 2.18 4. The cause 5. The type of remedial and/or cleanup measures taken and date and time implemented 6. The conective and preventive action taken, and7. 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 cilizens. The Contractor shall indemnify, defend and hold City, its officers, agents and employees harmless lrom Contractor's failure to comply and/or fulfill the requirements set forth rn 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 Contractor shall ensure the proper implemenlation 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 BlVlPs that have been discontinued. lf the City identifies a deficiency in the deployment or functioning of identilied control measures, the deficiency shall be corrected 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 subsEuent precipitation events. The conection of deficiencies 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. SOLID WASTE DISPOSAL AND DIVERSION The Contractor shall submit to the oirector 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 flll 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 application for progress payment incomplete and delay progress payments. ARTICLE 2 GC.22 Project Title: SUMMARY OF SOLID WASTE DISPOSAL AND DIVERSION Specification No. Typ of Material (a) Disposed in Class lll Landflls (b) Diverted fom Class lll Landfills by Recycling (c) [Leave This Column Blank] (d) Disposed in lnert Fills Tons/CY Tons/CY Tons/CY Tons/CY Asphalt Concrete l\4etal other Segregated Materials (Describe): Miscellaneous Construction Waste Total Form to be submitted to the City SIGNATURE: TITLE: DATE: 2.19 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 suitability/appropriateness of a proposed product. IEND OF ARTTCLEI ARTICLE 2 GC-23 3.01 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 notiflcation 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 C,ommencement established in the Notice to Proceed is issued. The Notice to Pmceed shall be issued afler the Conkact is properly executed, bonds are furnished and approved, and insurance has been submitted and approved. B. Prosecution of the Work Work shall be mntinued at all times with such force and equipment as will be sufficient to complete it within the specifled time. The Contractor expressly proposes that he/she has taken inlo consideration and made allowances for all ordinary delays and hindrances to the Work to be performed and that he/she will mmplete the Work within the specified time. C. Required Conkact Completion Time is of the essence in the completion of this Contract. The Work shall b€ completed in its entirety and made ready for service within ninety (90) 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. CITYS DISCRETION TO EXTEND CONTRACT TIME ln the event the Work required hereunder is not satisfactorily mmpleted in all parts and in compliance wtth the Contract Documenls, City shall have the right, in its sole discretion, 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 Contrac{or 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 mmprehensive punch list of items to be completed or conected prior to Final Payment, Failure to rnclude 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. City lnspection Upon receipt of the 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 discioses any item, whether or not included on the Contracto/s punch list, which is not sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the ARTICLE 3 GC-24 3.02 3.03 Work or designated po(ion thereof for its intended use, the Contractor shall, before City's issuance of the Certiflcate of Substantial Completion, complete or correct such item 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 Certiflcate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities ol the City and Contractor for security, maintenance, utilities, damage to lhe Work, and insurance, and shall fix the time within which the Contractor shall finish all items on the Contracto/s punch list accompanying the Cerlificate. Wananties required by the Contract Documents shall mmmence on the date of Substantial Completion of the Work. Contractor shall deliver to City all warranty and guarantee documents and policies. 3.04 DEI.AYSANDEXTENSIONSOFTIMEFORCONTRACTOR 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 Contractor's control, it is not excusable and not compensable, and the Contractor will not be entitled to any extension of time or to any other mmpensalion for damages resulting directly or indrrectly therefrom. C. lf any delay having a direct effect on the Work is caused by circumstances beyond the mntrol of the Contraclor 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 drsputes, weather conditions unfavorable for prosecution of the Work, and force maleure, 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 this paragraph. E. The Contractor shall notify the Director in writing of any delay having a direct effect 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 resulling from delay shall be made in writing to the Director not more than 30 days after the ending of such delay. The Contractor shall provide a written report evaluating the impact ol the delay which shall include, at a minimum, all of the following: 1 a nanative descnption of the delay and its impact on the critical path to Substantial Completion of the Work or a portion of the Wo* designated by City; 2, a detailed breakdown of the Allowable Costs, rf any, sought by Contractor due to the delay; ARTICLE 3 GC-2s 3. the number of days of extension sought by Contractor as an adjustment to the Contract timei 4. a statement that Contractor has mmplied with the requirements of the General Conditions for written 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 for reordering or r+sequencing the Work to avoid or minimize fu(her delay. No extension of lime 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 r,vhich a time of completion is specifled, G. The Director will investigate the facts and ascertain the extent of the delay, and his/her flndings thereon shall be final and conclusive, H. Failure of the Contractor to give written 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 mmpensable 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 exlension 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 of the Contract. CLIMATIC CONDITIONS A. The Director may suspend the Work whenever weather conditions or conditions resulting from inclement weather are unfavorable lor the prosecution of the Work. The delay caused by such suspension may entitle 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. l{ 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-half of his/her cunent normal Work day; and if the Work is suspended at the regular starting time on any Work day and the Contractois Workforce is dismissed as a result thereof, then he/she ARTICLE 3 3.07 will be entitled 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. If, in the Director's opinion, Final Completion has been achieved, the Director will accept the Work by issuing a "Notice of Completion" of the Work to the Contractor. Upon lhe issuance of lhe Notice of Completion the Contractor will be relieved from responsibility to protect the Work. B. Within 15 calendar days afrer 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 and live hundred dollars ($,l,500) per day, with respect to Contracto/s failure to achieve Substantial Completion ol the Work within the Contract Time. The Parties intend for the liquidated damages set lorth herein to apply to this Contract as set forth in Govemment Code Section 53069.85. The C,ontractor acknowledges and agrees that the liquidated damages are intended to compensale City solely for the Contractor's failure to meet the deadline for Substantial Completion and shall nol excuse Contractor from liability from any other breach, including any failure of the Work to conform to the requirements o{ 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. Contractor and City acknowledge and agree that the foregoing liquidated damages have been set based on an evaluation of damages thal the City will incur in the event of late mmpletion of the Work. Contractor and City acknowledge and agree that the amount of such damages are impossible to ascertain as ol 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 pursuant to this Agreement are not a penalty and that such amount are not manifestly unreasonable under the circumstances existing as ofthe 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 acmrdingly. ln the event the remaining unpaid Contract Sum is insufficient to coverthe full amount of liquidated damages. Contractor shall pay the difference to City. IEND OF ARTICLE] ARTICLE 3 GC-27 ARTICLE 4 - CONSTRUCTION SCHEDULES 4.(}I BASELINEPROJECTSCHEDULE The Contractor shall submit his/her work Baseline Pqect Schedule, in electronic as well as hardtopy Iormat, to the Director at the preronstruction meeting showing in detail how the Contractor plans to execute and coordinate the Work. The construction schedule shall show the sequence of work, critical path and eslimated time for completion of each segment of work. This schedule must be reviewed and accepted by the Director before the Contractor will 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 pnor to the start of the work. 1.At a minimum, the Baseline Project Schedule activities shall be coded on a work discipline basis and by geographic area or location on the Pqect. The Baseline Project Schedule shall include a detailed descnption of each activity code. The Baseline Pqect Schedule shall be based on and incorporate contract mileslone and completion dates specified in the Contract Documents. lt shall depict events, jobs, and their interrelationships and shall rectgnize the progress that must be made on one task belore subsequent tasks can begin. The schedule shall be comprehensive and shall include all logical interdependencies and interactions required to perform the Work of the Pqect. Overall time of completion and time of completion for each milestone shown on the Schedule shall adhere to the specified 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 latest version of l\4icrosoft Prolect or equivalent software agreed to by the parties. The City will review the submitted Baseline Project Schedule for conformance with these scheduling rEuirements. Within fou(een (14) calendar days after receipt, the City will accept the proposed Baseline Project Schedule or will retum it with mmments. lf the proposed Baseline Prolect 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 POect 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 remmmendation. 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 acmrdance 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 milestones and/or time of complelion. All other Work activities are defined as nonrntical Work activities and are mnsidered to have float. Float is defined as the time that a non+ntical Work activity can be delayed or extended without delaying the scheduled completion of the milestones and/or time of completion. Float is considered a Poect resource ARTICLE 4 A. 4 B. Format 4.02 available to either party or both parties as needed. Once identrfied, Contractor shall monitor, account for, and maintain float in acmrdance with Critical Path Methodology. 2. Delays of any non+ritical Work shall not be the basis lor an extension of Contract Time until the delays consume all float associated with that nonrritical Work activity and cause the Work activity to become cntical. 3. lt is acknowledged that City{aused time savings (i.e., critical path submittal reviews returned in less time than allowed by the Contract Documents, approval of substitution requests which result in a savings of time for Contractor, etc.) create shared float. Acclrdingly, Cityraused delays may be offset by City-caused time savings. C. Early Completion While the Contractor may schedule completion of the Project earlier than the date established by the Contracl Documents, no additional mmpensation shall become due the Contractor for the use of float time between the Contractor's proJected early completion date and the date for Substanlial 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 linal Application for Payment), the Contractor shall submit to the City an updated Project Schedule revised to indicate the Work completed, status of Work in progress, all progress slippages, mnective actions taken, or slippage carryover, for all anticipated delays or difficulties, and all other informatron 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 part, until the updated Project Schedule is submitted. In the event that an udate to the Poect Schedule indicates a delay to the Contract Time the Contractor shall propose an afflrmative plan to conect each such delay, including ove me and/or additional labor, if necessary. ln no evenl shallany 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, B. At no time shall historical data mntained within the updated Poject Schedule (i.e. completed activities) be removed andior altered in any way. This historical data is to be preserved within each of the updated Pmject 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 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 udates are submitted, as required in this Paragraph 4.02 above. NONCOMPENSABLE EXTRAORDINARY MEASURES A. Should the City determine, in its sole judgment, that the 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 ARTICLE 4 GC-29 4.03 4.04 Contractor to take corTective measures to expedite the pogress 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 concunence of accomplishment ofaclivities. 4. Submitting a Remvery 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 connectron with the performance of any such Extraordinary l\,leasures 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 mmply 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 prejudice to other remedies, take corective aclion at the expense of the Contractor which shall reduce the Contract Sum accordingly. CONOITION OF PAYMENT Compliance by Contractor with the requirements of the Contract Documents pertaining to preparation, submission, revising and updating of the Schedule is a mndition precedent to City's obligation to make payment to Contractor of any or all sums that might otheMise be due to Contractor in the absence of such noncomp ance. Payment by City under circumstances in which City, for any reason, fails or elects not to assert its nght 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-30 5.01 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 of one of the following: 1. The Work is stopped for a period of ninety (90) mnseculive days through no act or fault of the Contractor, any Subcontractor, Sutssubcontractor, their agents or employees, or any other persons or entities performing portions of the Work under direct or indirect contract wth the Contractor, due to: a. the issuance of an order of a court or other public authority having jurisdiction; or b. an act of government, such as a declaration of national emergency making matenal unavailable; and Contractor has given City written notice within ten (10) days of the occurence of such ground for termination, then the Conkactor may, upon thirty (30) additional calendar days wntten notice 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, SuFsubconhactor, their agents or employees, or any other persons or entities performing portions of the Work under direct or indirect contract wth the Contractor, because the City has persistently failed to perform any material obligation under the Contracl Documents and fails to cure such default within ninety (90) days after the receipt of notice from Contractor stating the nature of such default. B. lf Contractor terminates its performance of the Contract in accordance with this Paragraph 5.01, the City shall pay funkactor for the Work executed through the date of termination as set foft in Paragraph 5.04-C below. TERMINATION BY THE CITY FORCAUSE 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. Conkactor fails promptly to begin the Work under the Contract Documents; or 2. Contractor refuses orfails to supply enough propedy skilled workers or poper materials; or 3. Contractor fails to perform the Work in accordance with the Contract Documents, including conforming to applicable standards set forth therein in constructing the Project, 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 during the continuance of a Force Majeure event or suspension by City); or ARTICLE 5 5.02 5, Contractor fails to resume performance 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 of the event preventing performance; or 6, Any representation or warranty 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 made; or 7, Contractorfails to make payment to Subcontractoc or Material Suppliers for materials or labor in accordance with the respective Contract Documenls and applicable law; or 8. Contractor disregards laws, ordinances, or rules, regulations, or orders of a public autholity having jurisdiction; or L Contractor is guilty of breach of a provision of the Contract Documents; or 10, Contractor bemmes insolvent, is adjudicated bankrupt, or makes a general assignment for the benefit of creditors and fails to provide City with adequate assurances of Contracto/s ability to satisfy rts mntractual obligations, A receiver, trustee, or other iudicial officer 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 Rightr. When any of the reasons specrfied in Paragraph 5.02-A exist, the City may, in additton to and without prejudice to any other nghts or remedies of the City, and after giving the Contractor five (5) calendar 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 the Contraclor; 2. Withhold from Contractor amounts unpaid hereunder and to offset such amounts against damages or losses incuned by City; 3. Accept assignment of subcontracts from funtractor, 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 City shall furnish 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. WronglulTermination lf it has been adjudicated or otheMise determined that City has wongfully terminated the Contractor for cause, then said termination shall be deemed converted to a termination for convenience as set ARTICLE 5 forth in Paragraph 5.04 and Contracto/s remedy for wongful termination in such event shall be limited to the remvery of lhe payments permitted for termination for convenience as set forth 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 terminale the Contractor's performance under the Contract and without any penalty being incuned by the City. B. Any such partial deletion or suspension of 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 already been performed and is otherwise compensable under the Contract. C. The City shall have the right to later have any such suspended or deleted Work perlormed 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 furnish Contractor with prompt wntten notice thereof, and the City shall be entitled to take possession of and have as ils property all Record Documents, Accounting Records, and other data prepared by Contractor or its Subcontractors. E. Suspension lor Convenience. 1 , The City may at any time and from time to time, without cause, order the Contractor, rn writing, to suspend, delay, or inlenupt 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'Wo* Suspension pirective" under this Section. 2. Upon receipt of a Work Suspension Directive, Contractor shall, at the City's expense, mmply with its terms and take all reasonable steps to minimize msts 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 period as is agreed upon by Contractor and the City, the City shall either cancel the Work Suspension Directive or delete the Work covered by such Work Susp,ension 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 Construction Change Directive will be issued to cover any adjustments of the Contract Sum and Contract Time necessanly 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 intenupted 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, ARTICLE 5 GC-33 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 Conkact; or 3. Carry out orders of City. G. Responsibilities of Contractor During Suspension Periods During periods thal Work is suspended, Contractor shall continue to be responsible for the Work and shall prevent damage or injury to the Project, provide for drainage, and shall erect necessary temporary structures, signs or other facilities required to maintain the Pmject and continue lo perform according to the Contract Documents. 5,04 TERMINATION BYTHE CITY FORCOT,IVENIENCE A, Grounds Without limiting any rights which City may have by reason of any default by Contractor hereunder, City may terminate Contractois performance of the Contract, in whole or in part, at any time, for convenience upon frfteen (15) calendar days written notice to Contractor. B. Contractor Aclions 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 ot 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 ol termination, the total (without duplication of any items) of: i. The cost of the Work; and ii. A sum, as overhead and proflt on the cost of the Wo*, determined by the City to be fair and reasonable. ln no event shall Contractor be entitled to re@ver overhead or profit on Work not performed. b. The reasonable msts of settlement ol the Work terminated, including: i. Accounting, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting dala, if any; and ARTICLE 5 GC.34 5.05 ii. Storage, transportation, and other costs reasonably necessary for the preservation, protection, or disposition of inventory. 2. Such payment shall be Contracto/s exclusive remedy for termination for convenience and will be due and payable on the same conditions as set forth for final payment to the extent applicable. 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 warranties, representations, indemnity, maintenance of insurance, and other obligations thal survive termination or Final Completion as provided for herein, 3. lt is understood and agreed thal no fee, anticipated pofit, compensation for lost opportunity costs, or other compensation or payment of any kind or character shall be due or payable for unperformed Work rqardless of the basis of termination and the inclusion of this provision within this subparagraph shall in no way limil 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 mnvenience provided by this Paragraph 5.04. D, No Consequential Damages Under no circumstances shall Contractor 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 Contraclor determined in accordance with this Article constitutes Contractor's exclusive remedy for a termination hereunder. CONTRACTOR'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: ('l) cease performance of the Work to the extent specrlied 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 pursuant to the Contract by Contractor and/or its Subcontractoc, as applicable, to the City wilh fifteen (15) calendar days after the Crty'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 delail specified by the City; and, (6) except for Work directed by City to be performed pnor to the effective date of termination stated in the notice, incur no fu(her costs or expenses and enter into no further subcontracts and purchase orders. No compensation shall be due Contractor, if any, until Contractor mmplies with the cquirements of this Paragraph. ARTICLE 5 GC-35 IEND OF ARTICLE] 6.01 ARTICLE 6 - CHANGES CITY'S RIGHT TO ORDER CHANGES The City, without invalidating the Contract, may authorize changes in the Wo* consisting of additions, deletions, or other revisions, with the Conkact 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 Contraclor 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 of the Contract Documents. The Contractor shall proceed promptly and diligently with the change, unless otheftvise provided in the Change Order or Construclion Change Directive, lt is of the essence to this Contract that all scope changes in the Work that lorm the basis of 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 acmmplished 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 addilion 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 Contractods opinion, any instruction, request, Drawings, Specifications, action, condition, omission, default, or other situation occurs that the Conkactor 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 pnor to performance of the Work affected by such occunence and within seven (7) calendar days after the discovery date of the circumstances ol such scope change or other matters. The writlen notice shall state the date, circumstances, extenl of adiustment to the Contact Sum or the Contract 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 written 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 lvethods used in determining adjustments 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 adJustments lo Contract Time and Contract Sum, and compensation for any and all delay, extended or additional {ield and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment ARTICLE 6 GC,36 6.02 6.04 6.03 6.05 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 lo all claims for schedule extension, lmpacts, or any costs of whatever nature, characler 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, or alter the requirement that (i) Change Order's must be in writing, signed by the City and Contractor and; (ii) that such wntten Change Orders are the exclusive method for 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 mnsisling of additions, deletion, or other revisions, the Contract Sum and Contract Time being adjusted accordingly, B. ll the Construction Change Directive provides for an adiustment 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 proc€ed with the change in the Work involved and advise the City of the Contracto/s agreement or disagreement with the method, il 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 of Scope Change provided 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 Directive or in a subsequent Construction Change Directive, proceed with the performance of the Work as described in the Construction Change Directive. Farlure 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 Paragraph 2.05, E. A Construction Change Directive signed by the Contractor indicates lhe Conkacto/s agreement therewith, including adjustment in Contract Sum and Contract Time or the method Ior determining them. Such agreement shall be effective immediately and shall be remrded as a Change Order. F, lf the Contractor does not respond promptly or disagrees with the method for adlustment in the Contract Sum, the method and the adjustment shall be determined by lhe City on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in the case of an rncrease in the Contract Sum, Allowable l\tlark-Ups in accordance with Paragraph 6.06(E) herein. ARTICLE 6 GC-37 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 the 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 propedy itemized and supported by sufficient substantialing data to permit evaluation, Such poposal shall be based solely on Allowable Costs, as defined in Subparagraph 6.06-C, and Allowable Mark- Ups, as delined 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 inmrporated in the Contract Documents or fixed by subsequent agreement between City and Contractor. Unless othena/se stated in the Bidding Documents, unit prices stated in the Conhact Documents or agreed upon by the County and Contractor shall be deemed to include and encompass all Allowable Markups. 3. Time and Materials. By calculating the actual Allowable Costs directly incurred, plus a sum for Allowable Mark-Ups on such Allowable Costs. 4. Delelion of Work. By Unit Prices contained in Contracto/s original Bid and incorporated in the Contract Documents, or by using the Schedule of Values to determine the value of the decrease of the Conkact Sum, less the value of any Work performed, plus a reasonable perc€ntage of the decrease for the 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 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 mst for the change. The Allowable Mark-Up shall be applied to this net c!st. B. Contraclor Maintenance of Daily Records for Changes '1. ln the event that Contractor is directed to perform any Extra Work, or should Contractor encounler conditions which the Contractor believes would obligate the City to adjust 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 of 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 fo(h 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 classiflcations, hours worked and hourly rates. b. Materials, Eouipment. A list of Allowable Costs of materials and equipment consumed in the performance of the Extra Wo* on the day on which such Extra Work is performed, together with copies of applicable delivery tickets and unit prices ARTICLE 6 GC.38 for all materials and for all equipment used the type of equipment, identification 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 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, Contractor shall maintain separate records of labor, construction equipment, materials, and equipment for each such change. ln the event that any Subcontractor of any tier shall provide 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 Contractor'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 tier, relating to the costs of a change in lhe Work shall be signed by such Subconlractods authorized project manager or superintendent. AII such records shall be forwarded to the Director on the day the Work is performed (same day) for independent venfication. The Director shall attempt to review and reconcile costs for chinges on a daily basis. Records not availabb on the day on which the Extra Work is performed, such as, but not limited to, malerial 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 particular 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 for such purpose. ln the event that Contractor shall fail or refuse, for any reason, to mainlain or make available for inspection, review, and/or reproduction such records, adjustments to the Contract Sum or Conlract 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 Conlractor obligation under the Contract Documents with respect to changes to the Work, 5. Waiver bv Contractor. Failure to submit such records as are required by this Paragraph daily snatt *a*e arry rights for recovery of Allowable costs incurred for Extra work performed that day. The failuie oi the Contractor to secure any required authentication shall, if the C1y 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 cosl of all or that portion of the Extra work covered by such non-authenticated ticket or invoice. Allowable Costs The term'Allowable Costs" shali mean in the case of Extra Work actual costs incuned by contractor and/or any submntractor, 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 incurred in performing deleted work by Contractor and/or any Subcontractor, regardless of tier, and shall be limited to the following costs: ARTICLE 6 GC-39 C 1.Labor. Straight-time wages or salaries, and overtime wages and salarjes 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, based on the actual cost for wages prevailing locally for each craft or type of workers at the lime the Extra Work is done or the deleted work is ordered eliminated. Labor costs for equipment operators and helpers shall be reported only when such msts 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 lalvful collective bargaining agreements for employees on straight-time wages or salaries, and on overtime wages and salaries specifically authorized by City in writing, {or 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. lvaterials, 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 deleted work shall be at the lowest price available to Conhactor bul 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 if Contractor fails lo furnish satisfactory 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 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. l\4aterial invoices must be included with the extra work repo( to oblain payment. Taxes. Sales taxes on the costs of materials and consumable items described in Paragraph 5.04-C.3 above. Tool, Eouioment 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 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't 1, San Jose, Califomia, which is in effect at the time of commencement of the changed work. The Contractor 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 o, fuel, power oil, lubrication, supp es, small tools, 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 for overhead, profit or bond premiums {or use ol equipment if the equipment is supplied by an equipment rental firm. lf equipment is used 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 returned, unless Contractor elects to keep it at the ARTICLE 6 GC40 4 Site at no expense to City. Costs incuned 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 lor rental of such equipment and to return it to the source. If such equipment is not moved by its own power, then loading and transportation will be allowed. Neither moving time nor loading and kansportation 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 costs of royalties due to lhe 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 benefits and payroll taxes of Contraclo/s and all Subconkacto/s non- craft labor (above a Foreman level); 2, Overhead (including home office overhead), administrative or general expenses of 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. Small tools (replacement value not exceeding $500); 5. ffice expenses, including secretarial and administrative staff, materials and supplies; 6. On-site and off-site trailer and storage rental and expenses; 7. Site fencing; L Ulililies, including gas, electric, sewer, water, telephone, telefax, copier equipment; L Computer and data processing personnel, equipment and software; 10. Federal, state of local business income and franchise taxes; 11. Losses of efficiency or productivity; and 12. Costs and expenses of any kind or item not specifically and expressly included in Paragraph b.ub-u. E. Allowable Ma*.Up 1. Extra Work bv mntractor (lVarkuo): The following percentages shall be added to the Contracto/s costs and shall mnstitute the markup for all overhead and profits: ARTICLE 6 GC-41 Labor 20Yo l\ilateria ls Equipment Rental Other ltems and Expenditures 2. Extra Work bv Subcontractor (l\,4arkuo): 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 Subcontracto/s actual costs. A markup of 5% on the subcontracted portion of each extra work may be added for the Contraclor. F. Net Allowable Costs lf anyone scope change involves both Extra Work and deleted work in the same portion of the Work and the additive allowable costs exceed the deduclive allowable costs, the Allowable lvarkups on the Extra Work will be only the difference between the two amounts. CITY ORIGINATED REOUEST FOR ITEMZED CHANGE ORDER PROPOSAL REQUEST City may issue a Construction Change Directive or other written request to Contractor describing a proposed change to the Work and requesting the Contractor submit an itemized change order proposal in a Iormat 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 Contractor's proposed methods to minimize 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 original 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 compensation 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 authorized according to the Change Order or Construction Change Directive procedures set forth herein, CONTRACTOR ORIGINATED CHANGE ORDER REQUEST (COR) lf the 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 notice 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 suppo( 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 lhe 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 prior to the notice date. Contracto/s failure to initiate a COR within this ten-day period or to provide detailed back-up documentation to substantiate the COR within thirty (30) calendar days of lhe initial written notice shall be deemed a waiver of the right to adiustment 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 GC42 1SYo 1SYo 1SYo 6.08 6.09 ISSUANCE OF WORK DIRECTIVE ruN!LATERAL). ln the event of a dispute as to whether or not E(ra 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 GC43 7.01 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 E(ra Work as provided in the General Condilions. B. lnitial progress payment will not be made prior to approval by the Director of the Schedule ol 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 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 shall complete and furnish within seven (7) calendar days after receiving the Notice of Award of the Construction Conlract 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 discretion, deem necessary to evaluate progress at any point in the performance of the Work. Unless otheMise specilied in the Contract Documents, the Schedule of Values shall include, without limitation, a breakdown of the general categones of Subcontractor work, direct overhead, profit and conlingency, and a lurther breakdown of lhe general categories of Subcontractor work into separate trade line items of costs for Subcontractor services, labor and material, which is based on actual Subcontractor @ntract, subcontract, purchase order or vendor prices, lf requested by Director, Contractor shall revise the Schedule of Values to allocate sums Ior Contractor overhead, profit and/or contingency 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 Contract Work and separately listed by line item in lhe 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. Aoolications for Pavment The Schedule of Values, when approved by the Director, shall be used as a basis for Contracto/s Applications for Payment and may be considered as fixing a basis for adjustments to the Conkact Sum. ARTICLE 7 GC44 7.02 D. Revisions lf, at any time, it is determined that the Schedule of Values does not allocate the Conkact Sum in a manner that reasonably and fairly reflects the actual costs anticipated to be progressively incurred by Contractor, it shall be revised and resubmitted for the Directo/s approval. 7,03 APPLICATIONSFORPAYMENT 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, Contraclor shall submit to Director a copy of the proposed Schedule of Values, marked to show the percentage of mmpletion certified by Contractor for each line item in the Schedule of Values, including any stored matenals approved for payment by City pursuant to Paragraph 7.03-D, below and any withholdings from Contractor proposed by Director. B. Monthly Reviar 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 appropnate 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, 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 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 Direclo/s good faith estimate shall operate to release Contractor or Surety from any responsibility or liability arising from or related lo performance of the Work. The Director shall have the nght subsequently to corTect any error and dispute any item submitted in Contractor's Application for Payment, regardless of whether an item was idenlified 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 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, information and belief, the Work is in accordance with the Contract Documents; 3. Contractor is entitled to payment in the amount certifled; 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 GC45 7.04 D. Stored Materials Payments may be made by City, at its discretion, on a@ount 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 under the control of City. Such payments shall only be mnsidered 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 satisfactorily stored, protected and insured, and that such other procedures are in place satisfactory to City to protect City's interests. To be mnsidered for payment, materials or equipment stored off-Site shall, in addition to the above requirements and unless otherwise 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 delermine 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 Direclor, using such forms as required by City, once a month on or before the first (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 Contract 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 clmpletion either agreed to or determined by Director in accordance with Paragraph 7.03-8, above; 2. submission of the Contracto/s certification required by Paragraph 7.03-C, above; 3. submission of conditional releases of stop notice, if any, and bond rights upon progress payment, complying with Califomia Civil Code Section 8132, for all Work performed during the time period covered by the current Application tor 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 California Civil Code Section 8134 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 eachi 4. compliance by Contractor with its obligation for maintenance of As-Builts as required by the Conlracl Documentsi 5. compliance by Contractor with its obligation for submission of monthly and daily reports 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 pertaining to preparation or updating of schedule information; 7. submission of certified payroll records as required by the Contract Documentsi ARTICLE 7 GC46 B C. 8. submission of certiflcations by Contractor and each Subcontractor as required by applicable collective bargaining agreements certifying that all employee benelit 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 lor submission of documentation or performance of conditions which, by the terms of the Contract Documents, constitute conditions to Contracto/s right to recerve payment for Work performed. Payments by City Pursuant to Califomia 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 submifted Application for Paymenl, 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 ol the Work permanently installed and in place; 2. plus, the value of 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. Reiection by City Any Application for Payment determined not to be undispuled, proper and suitable for payment shall be returned 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 rqected. Failure by City or Director to either timely rqect an Application for Payment or specify any grounds for rejection shall not constitute a waiver ol any rights by City. Applications for Payment that are relected shall be corrected and resubmitted wilhin 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 California Code of Civil Procedure Section 685.010. The number of Days available to City to make payment pursuant 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 return requirement applicable to City as set forth in Paragraph 7.04-C, above, FINAL PAYMENT A. Retention In addition to withholdings permitted by Paragraph 7.09 below, a sum equal to five percent (5olo) of all sums otheMise due to Contractor as progress payments shall be withheld by city pursuant to Paragraph 7.M-B from each progress payment ("Retention') and retained until such time as it is due as descnbed herein. A higher Retention amount may be approved by the City Counctl where project is deemed "substantially complex" by City Council, ARTICLE 7 GC47 D 7.05 B.Conditions to Final Payment Contractor shall submit its Application for Final Payment, using such {orms 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 alllhe following: 1. an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Prolect 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 period; 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 agreements, and equipment certifications and similar documentsi 10. ce(iflcations by Contractor and each Subcontractor as required by applicable collective bargaining agreements that all employee beneflt contributions due and owing pursuant to any applicable collective bargaining agreement have been paid in full; 1 1. releases of rights and claims relating to patents and trademarks, as required by the Conkact Documentsl and 12. any other documents or information required by the Contract Documents as a condition of Final Payment or Final Completion. 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 Relention, shall be released to Contractor, subject to the City's nght to withhold 150% of any disputed amounts. ARTICLE 7 GC48 c. 7.05 D. oisputed Amounts Pursuant to Califomia Public Contract Code 7107, City may deduct and withhold from the Final Payment due under Paragraph 7.05-C, above, an amount up to 1Sff/o of any disputed amounts, includrng, without limitation, amounts to protect City against any loss caused or threatened as a result of Contractor's failing to fully perform all of those obligations that are required to be fulfilled by Contractor as a condition to Final Completion and Final Payment. Altematively, City may elect, in its sole discretion, to accept the Work without mrrection 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 rights by Contractor against City for recovery of any loss, excepting only those Claims that have been submitted by Contractor in the manner required by the Contract Documents prior to or at the time of the Final Payment. MISCELI-ANEOUS A" Joint Payment City shall have the right, if deemed necessary in its sole discrelion, 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. Endonsement 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 lo 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 ullimately determined to be conectly or inconectly asserted, shall not constitute a breach by City of the Construction Contract and shall not be grounds for an adjustment of the Contract Sum or Contract Time. C. No Acceptance No payment by City or pa(ial 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 ol 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 paymenl by Contractor, whichever occurs first, and ARTICLE 7 GC49 7.07 2. Work covered by previous Applications for Payment are free and clear of liens, stop notices, claims, security interests or encumbrances imposed by the Contractor or any other person. E. Conections No inaccuracy or error in any Application for Payment provided by Contractor shall operate to 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 subsEuently conect any enor made in any previously approved Application for Payment, or progress payment issued, by adjustments lo subsequent payments. PAYMENTS BY CONTRACTOR Contractor shall not include in its Applications for Payment sums on account of any Subconlractois portion of the Work that it does not intend to pay to such Subcontractor. Upon receipt of payment from City, Contractor shall pay the Subcontractor performing Work on the Project, out of the amounl paid to Contractor on account of such Subcontractor's portion of the Work, the amount to which said Submntractor is entitled in accordance with the terms of its contract with Contractor and applicable laws, including, without limitation, Califomia Public Contract Code Section 7'107. Contractor shall remain responsible notwithstanding a withholding by City pursuant to the terms of these Contract Documents, to promptly satisfy from its own funds sums due to all Subcontractors who have performed Work that is included in Contractot's Application for Payment. Contractor shall, by appropriate agreement, require each Submntractor to make payments to its subcontractors and matenal 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 WTHHELD 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 Conlractor as City, in its sole discretion, may deem necessary to cover actuai or threatened loss due to any of the following: 1. Third Party Claims. Third-party claims orstop notices llled or reasonable evidence indicating probable flling of such claims or stop notices. City shall promptly inlorm Contractor of any third pa(y claims related to this Contract; 2. Defective Work. Defective Work not remediedi 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 Timei 5. Violation of Applicable Laws. Failure of Contractor or its Subcontractors to comply with applicable laws or lawful orders of governmental authonties; ARTICLE 7 GC-50 7.08 B. c. 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 authonties (including, without limitation labor laws); 7. Failure to Meet Contract Time. Any damages which may accrue as a result of Contnactor failing to meet the Construction Schedule or failing to perform within the Contract Time; 8. Setoff. Any reason specified elsewhere in the Contract Documenls as grounds for a withholding offset or set off or that would legally entitle City to a set-off or recoupment; 9. Consultant Services. Additional professional, consultant or inspection services required due to Contractor's failure to comply with the Contract Documents. 10, Liquidated Damages. Liquidated damages assessed against Contractor 1 1 . lrlaterials. l\ilaterials ordered by City pursuant to the Contract Documents. 12. Damages. Loss caused by Contractor or Subcontractor to City, Separate Contractors or any other person or entity under contract to City. 13. Clean Up. Clean up performed by City and chargeable to Contractor pursuant to the Contract Documents. '14. Employee Benefits. Failure of Contractor to pay contributions due and owing to employee benelits funds pursuant to any applicable collective bargaining agreement or lrusl 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, rnformation on Subcontractors, Change orders, certifications and other required reports or documentation. 16. Other Breach. A breach of any obligation or provision of the Conkact Documents. 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 otherwise satis{ied, then payment shall be made for amounts withheld because of them. Applicaiion of Withholding City may apply sums withheld pursuant to Paragraph 7.0&A above, in payment of any loss or threatened loss as City determines, in its sole discretion, to be appropriate. Such payments may be made without a prior judicial determination of City's actual rights with respect to such loss. Contractor agrees and hereby designates City as its agent for such purposes, and agrees that such payments shall be considered as payments made under Construction Contract by City to Contractor. City shall not be liable to Contractor for such payments made in good faith. City shall submit to Contractor an accounting of such funds disbursed on behalf of Contractor. As an alternative to such payment, city may, in its sole discretion, elect to exercise its right to adjust the Contract Sum as provided in the Contract Documents. ARTICLE 7 GC-51 7.09 D, Co inuous Performance Provided City pays the undisputed portion, if any, of funds withheld in good faith, Conkactor shall maintain continuous and uninterrupted performance of the Wo* during the pendency of any disputes or disagreements with City. SUBSTITUTION OF SECURITIES A. Public Contract Code Pursuant to the requirements of Calilomia Public Contract Code Seclion 22300, upon Contracto/s request, City will make payment to Contractor of any funds withheld from payments lo ensure performance under the Contract Documents if Conhactor deposits with City, or in escrow with a California or federally chartecd bank in Califomia acceptable to City ("Escrow Agent"), securities eligible for the investment of State Funds under Govemment Code Seclion 1M30, or bank or savings and loan certificates of deposit, intereslbearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City, upn the following conditions: 1. Contractor shall be the beneficial owner or any securities 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 ol 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 to the Contract Documents. 4. lf Contractor chooses to deposit securities in lieu of monies withheld with an Escrow Agent, Conkactor, 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 o{ Securities in Lieu of Retention." 5. Contactor shall obtain the written consent of Surety to such agreement. 6. Securities, if any, shall be returned to Contractor only upon satisfactory Final Completion of the Work. B. Sub6titute Security To minimize the expense caused by such subst ution of securities, Conkactor shall, prior to or at the time Contractor requests to substitute security, deposit sufficient 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 witrholds pursuant to the Contracl Documents, Contractor shall immediately and at Contcctods expense and at no cost to 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 cuditions of the secunties market wanant, but in no case less frequently than once per month. ARTICLE 7 GC-52 Deposit of 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 of Contractor, provided that Contractor, City and Escrow Agent shall, as a prerequisite such payment, enter into an escrow agreement in the same lorm 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 securities deposited by Contraclor. 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. Time for Election of Substitution of Securities Notwithstanding the provision of 7.M A, B, and C above and California Public Contract Code Section 22300, the failure of Contractor to request the Substitution of eligible secunties for monies to be withheld by City within ten (10) days of the award of Contract to Contractor shall be deemed to be a waiver of all such rights. 7,10 CLAIMS A. Arising of Claim. 1 Scope Change. When Contractor 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'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. In the case of a Claim by Contractor that does not involve an adiustment to the Contract Sum or Contract Time due to a scope change and which has not become final, the Clarm may be asserted il, and only if, Contractor gives written notic€ 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 if, it identifies the event or condition giving rise to the Claim, states its probable effect, if 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-B, below. For purposes of this Paragraph 7.11, a Claim for which such wrinen notice is required and has been given by Contractor shall be deemed to arise on the date that such written nolice 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 lhe Claim; 2. A detailed description of the act, error, omission, unforeseen condition, event or other circumstance giving rise to the Claim. ARTICLE 7 GC-53 c. D. 4. lf the Claim involves an adlustment 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 Ille 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 detaiied 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, written documentation demonstrating that Contractor has complied with lhe requirements of the Contract Documents and written substantiation (including, without limitalion, a Time lmpact Analysis) demonstrating that Contractor is entitled to an extension of time under the Contract Documentsi and A wntten certification signed by a managing officer of Contractor's organization, who has the authority to sign contccts and purchase orders on behalf of Contractor and who has personally investigated and mnfirmed the truth and accuracy of the matters set Iorth in such certification, in the'following form: -l hereby certify under penalty of perlury that I am a managing oflicer of (Contracto/s name) and that I have reviewed the Claim presented herewith on Contracto/s behalf and/or on behalf of (Subcontractods 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 facts alleged in or lhat 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 ol any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any Iact 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 basrs for the Claim, reviewed the job cost remrds (including those maintained by Contractor and by any Subcontractor, of any tier, that is asserting all or any portion of the Claim) and conllrmed 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, disruption, hindrance or interlerence 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 portion of the Claim) and confirmed on an event-by-event basis that the delays or disruption suffered by Contractor and/or such Subcontractor were in fact experienced for the durations, in the manner, and with the consequenl effects on the time andior sequence of performance of the Work, as alleged in the Claim; and, ARTICLE 7 GC-54 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 7.10-8, 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 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 Filinq. 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. Responseto 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 fifteen (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-55 (d) D E C F. 3. Meet and Confer. lf Contractor disputes City's response, or if City fails to respond within the prescribed time set fo(h in Paragraph 7.10-E.1 and7.10-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 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. Finalig of Decision lf Contractor disputes the Directo/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 Contrac't 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 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 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.56 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 lhe terms of this Contract, except those materials and equtpment specilied to be fumished by lhe City. B. The Contractor shall submit satisfactory evidence that the materials and equipment to be fumished and used in the work are in compliance with the Specifications. Matenals and equipment incorporaled in the Work and not specifically 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. QUALIW AND WORKMANSHIP All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections, unless othenvise hereinafter specified. Workmanship shall be in accordance with the best standard practices. All materials and equipment must be of the specified quality and equal to approved samples, if samples have been required. All Work shall be done and completed in a thorough, workmanlike manner, notwithstanding any omission from the Specilications or Drawings, and it shall be the duty of the Contractor to call attention to apparent errors or omissions and request instructions before proceeding with the Work. The Director may, by appropriate instructions, conecl enors and supply omissions, which instructions shall be binding upon the Contractor as though contained in the original Specifications or Drawings. All Work performed under the Specifications will be inspecled by the Director as provided in Paragraph 8.04. All matenals and Euipment fumished and all Work done must be satisfactory to the Director. Work, material, or equipment not in accordance 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 Specifications or Drawings the name or brand of a manufactured article rs 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 of completion, the Contractor may substitute any other brand or manufacture of equal appearance, quality, and utility on approval of the Director, pmvided the use of such brand or manufacture involves no additional cost to the City. APPROVAL OF MATERhLS A. The Contractor shall Iumish 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. The Contractor shall prepay all shipping charges on samples. No samples are to be submitted with the bids unless otheMise specified. 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 matenal represented, its place of origin, the names of the producer and ARTICLE 8 GC-57 8.02 8.03 8.05 the Contractor, the Specifications number and title, and a reference to the applicable Drawings and Specifi cations paragraphs. C. l\4aterials or equipment of which samples are required shall not be used on the Work until approval 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 Contract requirement. D, Failure of any material to pass the specified lests, 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 ANO EQUIPMENT One copy of each of the Contractor'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 lhe City. Materials and equipment purchased locally will, at the City's discretion, be inspected at the point of manufacture or supply, and materials and Euipment supplied from points outside the Los Angeles area will be inspected upon amval 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. 0n all questions conceming the acceptability of materials or machinery, the classification of materials, the execution of the Work, and conflicting interests of Contractors performing related work, the decision of the Director shall be final and binding. B. The Director will make periodic observations of malerials and completed work to observe their compliance with Drawings, Specifications, and design and planning concepts, but he/she is not responsible for the superintendence of mnstruction prccesses, site conditions, operations, equipment, 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 Contractor shall fumish, without extra charge, the necessary test pieces and samples, including facilrties and labor for obtaining them, as requested by the Director. The Director, or his/her authonzed agent or agents, at all times shall have access to all parts of the shop and the works where such malerials under his/her inspection is being manufactured or the work performed. Work or matenal that does not conform to the Specifications, although accepted through oversight, may be rqected at any stage of the Work. Whenever the Contractor is permitted 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 fumished in writing by the Director. INFRINGEMENT OF PATENTS The Contraclor shall hold and save the City, its offlcers, 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, pocess, equipment, article, or appliance employed in the execution of the Work or included in the ARTICTE 8 GC-58 8.07 materials or supplies agreed to be fumished under this Contract, and should the Contractor, his/her agents, servants, or employees, or any of them, be enjoined from furnishing 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 thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to the Director. 0r 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 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 offi@rs, agents, servants, and employees, or any of them, to use such invention, process, equipment, article, matenals, 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 charge the cost thereof against any money due the Contractor 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 0F ARTTCLEI ARTICLE 8 GC-59 ARTICLE 9 - SUBMITTALS 9.01 GENERAL A. B- The Contractor shall submit samples, drawings, and data for the Director's approval which demonstrate fully that the construction, and the materials and equipment to be fumished will comply with the provisions and intent of the Drawings and Specifications, Specific items to be covered by the submittals shall include, as a minimum, the following: 1. For structures, submit all shop, setting, equipment, miscellaneous iron and reinforc€ment drawings and schedules necessary. 2. For conduits, submit a detailed layout of the mnduit 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 delailed information to show power supply requiremenls, wiring diagrams, control and protection schematics, shop test data, operation and maintenance procedures, outline drawings, and manufacture/s recommendation of the interface/interlock 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 inslallation procedure, detailed installation drawings, test data and curves, maintenan@ manuals, and other details necessary. 5. Samples 6. Colors 7. Substitutions Manuals 9. As-built drawings 10. Safety plans required by Article 10 PRODUCT HANDLING A. Submittals shall be accompanied by a letter of transmittal and shall be in strict accordance with the povisions of this Article. B. Submit priority of processing when appropnate. SCHEDULE OF SUBMITTALS A. The Contractor shall prepare and submit a schedule of submittals. The schedule of submittals shall beintheformof a submittal log. Refer to Paragraph 9.12. ARTICLE 9 GC-60 9.03 9.05 9.06 SHOP DRAWNGS A. All shop drawings shall be produced to a scale sufficiently large to show all pertinent features 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 localed in the lower right hand comer of each drawing and shall be clear of all line Work, dimensions, details, and notes. Sheet Sizes Heioht X Width 11', X81t2 11',X17', 24" X 36', 3U X42'^ COLORS Unless the precise mlor and pattem are specified elsewhere, submit accurate color charls and pattem charts to the oirector for his/her review and selection whenever a cfloice of color or pattem is available in a specified product. Label each chart naming the source, the proposed location of use on lhe project, and the project. MANUFACTURERS' L]TERATURE Where clntents of submitted litecture from manufacturers includes data not pertinent to the submiftal, cleady show which portions of the contents are being submitted for review, SUBSTITUTIONS 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, The Director will consider proposals Ior substitution of materials, equipment, and methods only when such proposals are acmmpanied by full and mmplete technical data, and all other information, including life cycle maintenance data, required by the Director to evaluate the proposed substitution, B. Any requests for substitutions by the Contractor must be made wilhin forty-five (45) calendar days from the lssuance Date on the Notice to Proceed. Othenrrise, such requests will not be mnsidered. C. Trade names and "or approved equal" provision as set forth in Paragraph 8.03. MANUALS A, When manuals are required to be submitted mvering items included in this Wo*, prepare and submit such manuals in approximately 8-1/2- X 11" format in durable plastic bindels. ln addition, manuals shall be submitted in electronic format. Manuals shall contain at least the following: 1. ldentification on, or readable through, the front cover stating general nature of the manual. ARTICLE 9 9.07 2. Neatly typewritlen index near the front of the manual, furnishing immediate information as to location in the manual of all emergency data regarding the installation. 3. Complete instructions regarding operation and maintenance ol all equipment involved. 4. Complete nomenclature of all replaceable parts, their part numbeB, cunent cost, and name and address of nearest vendor of parts. 5. Copy ofallguarantees and warranties issued. 6. Copy of drawings with all data conceming changes made during mnstruction, B. Where contents of manuals include manufacturers' catalog pages, clearly indicate the precise items included in this installation and delete, or otherwise clearly indicate, all manufacturers' data with which this installation is not concerned. 9.09 AS.BUILT DRAWNGS A. Contractor shall modiry the plan and/or timing sheet(s) in the traffic signal cabinet upon any addition, deletion, repair, or change in timing as soon as the work is mmpleted. The legibility and contrast of each drawing submitted to the City shall be such that every line, number, letter, and character is clearly readable. B, Contractor shall notify the City of any and all changes to the plan and/or timing sheet(s). 9.I(} SUBMITTALSQUANTITIES A. Submit seven (7) mpies of all data and drawings unless specified otheMise. B. Submit all samples, unless specified otherwise, in the quantity to be retumed, plus two, which will be retained by the Director 9.I1 IDENTIFICATION OF SUBMITTALS Completely identiry each submittal and re-submittal by showrng 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 poect as it appears in the Contract Documents and Contract Number. C. Drawing number and Specifications section number other than this section to which the submittal applies. D. Whether this is an original submittal or re-submittal. E, For samples, indicate the source of lhe sample. 9.12 SCHEDULEOFSUBMTTTALS A. Submit initial schedule of submittals within five (5) Working Days after the lssuance Date on Notice to Proceed. ARTICLE 9 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 afrer receipt, 9.13 COORDINATION OF SUBMITTALS A. Prior to submittal for the Director'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 all deviations from the Specifications, B. Unless otherwise specifically permitted by the Director, make all submittals in groups contarning all associated items; the Director may reiect parlial submittals as not complying with the provisions of the Specifications. 9.14 TIMING FOR SUBMITTALS A. Make all submittals far enough in advance of scheduled dates of installation to provide all rEuired time for reviews, for secunng necessary approvals, Ior possible revision and re-submrttal, 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 lo and from the City ofilce. C. l\4anuals shall be submitted pnor to performing functional tests. 9.15 APPROVALBYCITY A. Up to three (3) copies of each submittal, except manuals, schedule of costs for progress payments, and as-built drawings will be retumed to the Conlractor marked 'No Exceptions Taken," "Make Conections Noted - Do Not Resubmit,' or'Make C,onections Noted - Resubmit," Manuals, schedule of costs, and as-built drawings will be retumed tor re-submittal lf 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 correction, it will be marked to indicate what is unsatisfactory. D. Resubmit revised drawings or data as indicated, in five (5) copies. E. Approval of each submittal by the Director will be general only and shall not be mnstrued as: 1. Permitting any departures from the Specifications requirements, ARTICLE 9 2. Relieving the Contractor of the responsibility for any errors and omissions in details, dimensions, or of other nature that may exist. 3. Approving departures from additionaldetails or instructions previously fumished by the Director. 9.16 CHANGES TO APPROVEO SUBMITTALS A. A r+submittal is required for any propsed 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 GC64 ARTICLE 10- SAFEW PROTECTION OF PERSONS AND PROPERTY A. Contracto/s Responsibility: Notwithstanding any other provision of the Contract Documents, the Contractor shall be solely and mmpletely responsible for mnditions of the job site, including safety of all persons and property, during performance of the Work. This requirement will apply continuously and will not be limited to normal !\orking 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. B. Sanitary Facilities. The Contractor shall fumish and maintain sanitary facilities by the worksites lor the entire construction period. C. Protection of the Public. The Contractor shall take such steps and precautions as his/her operalions wanant to protect the public from danger, loss of life, loss ol property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protectthe 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 oprnion of the Director, a mnditron exists lvhich the Contractor has not taken sufficient precaution of public safety, protection of utilities and/or protection of adjacent structures or prop€rty, the Director will order the Contractor to provide a remedy for the mndition. lf the Contractor fails to act on the situation within a reasonable time penod as determined by the Director, or in the event of an emeBency situation, the Director may provide suitable protection 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 exp,ense 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 flnal payment due to the Contractor. PROTECTION FROM HAZARDS A Trench Excavation Excavation for any trench four (4) feet or more in depth shall not begin until the Contractor has received approval from the Director of the Contracto/s detailed plan for worker protection from the hazards ofcaving ground during the excavation of such trench. Such plan shall show the details of the design of shonng, 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 ol the Division of occupational Safety and Health, and if such plan vanes 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 the State of Califomia, B. Confined Spaces Contractor shall comply with all of the povisions of General Industry Safety Orders of the Califomia Code of Regulations. Entry of a confined space shall not be allowed until the Contractor has received approval from the Director of the Contracto/s program for confined space entry. Confined space means a space that (1) ls large enough and so configured that an employee can bodily enter and perform assigned Work; and (2) Has limited or restncted 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) ls not designed for continuous employee occupancy. Failure to submit a confined ART CLE 1O GC65 10.02 space entry program may result in actions as provided in Article 5: "Suspension or Termination of Contract." C. Material Safety Data She€[ Contractor shall comply with all of the provisions of General Industry Safety Orders of the Califomia Administrative Code. The 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 materials at a manufacturing plant where the Director is to perform an inspection. For materials which are to be tested in City laboratones, the MSDS shall be submitted with the sample(s). Hazardous substance is defined as any substance included in the list (Directo/s List) of hazardous substances prepared by the Director, Califomia Department of lndustrial Relations, pursuant to Labor Code Section 6382, Failure to submit an MSoS for any hazardous substance may result in actions as provided in Article 5, "Suspension or Termination of Conkact". OIFFERING SITE CONDITIONS A. Differino Site Conditions Deflned. The Contractor shall promptly, and before such conditrons are disturbed, notify the Director in writing of any Differing Site Conditions. Differing Site Conditions are those mnditions, located at the poect site or in existing improvements and not otheMise ascertainable by Contractor through the exercise of due diligence in the performance of its inspection obligations in the Contract Documents, encountered by Contractor in digging trenches or other excavations(s) that extend deeper than four feet below the surface of the ground that constitute: 1. Material that the 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 to a Class l, Class ll, or Class lll disposal site in accordance with provisions of existing law. 2. Subsurface or latent physical conditions at the site differing matenally from those indicated in these Conkact Documents. 3. Unknown physical clnditions at the site, of any unusual nature, different materially from those ordinarily enmuntered and generally recognized as inherent in Work of the character povided for in these Contract Documents. B. Notice by Contractor, lf the Contractor encounters mnditions it believes constitute Diffenng Site Conditions, then notice of such mnditions shall, before such conditions are disturbed, be promptly reported to the Director followed within twentyjour (24) hours by a further wntten notice stating a detailed descnption of the conditions enmuntered. 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 mst of, or time required for, performance of any part of the Work under this Contract, an equitable adiustment 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 setling 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 Condttions. ARTICLE 1O GC66 10.03 E, Failure to Comolv. Failure by Contractor to strictly comply with the requirements of this Paragraph 10.03 concerning the timing and content of any notice of Differing Site Conditions or request for adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be deemed waiver of any right by the C,ontractor for an adjustment in the Contract Sum or Contract Time by reason of such conditions. F. Final Comoletion. No claim by the Contractor for additional mmpensation for Differing Site Conditions shall be allowed if asserted after Final Payment. G. ln the event of disagreement between the Contractor and the Director whether the conditions do materially differ or whether a hazardous waste is involved or whether the conditions cause an increase or decrease in the Contractois cost of, or time required for, performance of any part 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 requiremenls of, this Contract which pertain to the resolution of disputes and protests. l. Contractor Responsibilitv. Except as otheruise provided in this Paragraph 10.03 for Differing Site Conditions, Contractor agrees to solely bear the risk of additronal cost and Delay due to concealed or unknown conditions, surface or subsurface, at the Site or in Existing lmprovements, wtthout adiustment to the Conkact Sum or Contract Time. TRAFFIC REGUI-ATION A. During the performance of the Worft the Contractor shall erect and maintain necessary temporary fences, bndges, railings, lights, signals, barners, or other safeguards as shall be appropriate 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, lraffic control. Traffic control shall be conducted in accordance with 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 Transportation 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 Specrfications. C. No changes or deviations from the approved detailed traffic control plan shall be made, exc€pt temporary changes in emergency situations, without prior approval of the City Traffic and Transportation Administrator and all agencies having jurisdiction. Contractor shall immediately notify the Director, the City Traffic and Transportation Administrator and the agencies having jurisdiction o{ occunences that necessitate modiflcation of the approved traffic controlplan. D. Contractor's failure to comply with this provision may result in actions as provided in Article 5: "Suspension or Termination of Contract'of these General Conditions. ARTICLE 1O GC67 10.05 TRAFFIC CONTROL OEVICES A, Traffic signs, flashing lighls, bamcades and other trafflc safety devices used to control traffic shall conform to the requirements of the WATCH handbook or the manual of traffic contol, whichever is more slringent, and as approved by the City Trafiic and Transportation Administrator. 1. Portable signals shall not be used unless permission is given in writing by the agency having jurisdiction. 2. Waming signs used for nighttime conditions shall be reflectonzed or illuminated. 'Reflectorized signs" shall have a reflectorized background and shall conform to the cunent State of Caltfomia Department of Transportalion specification for reflective sheeting on highway signs. B, lf the Contractor fails to provide and install any of the signs or traffic mntol devices required herby or ordered by the City staff, staff may cause such signs or trafflc control devices lo 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 notiflcation to the Police Department at the address below: Police Chief Daniel Calleros Vemon Police Department 4305 Santa Fe Avenue Vemon CA, 90058 10.06 B Notification shall be sent at least two (2) weeks pnor to the beginning of construction at any particular location. Notifications will include the specific location, pOect dates, what lanes ol the roadway will be closed and when. Also the construction prqect manageis name and business phone number and the construction inspecto/s name and business phone number. The Contractor shall notiry, by telephone, the Police Deparlment, (!Bl!fl-!l Zl at the completion of any posting of temporary no parking signs. Notification 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 pertinent questions that may be asked by the parking enforcement officer or police officer towing the vehicles. The Conkactor shall notify the Vemon Fire Department, on a dailv basis dunng the entire period that construction is in progress whenever roadways are reduced in width or blocked. Notmcation shall be made to the Fire Dispatch (323) 5834821 and the Contractor shall provide the information required to identify which oadways would have accessibilrty problems due to his/her operations, The Contractor shall submit to Fire Department schedule of Work for their use and files. Roads sublect to interference from the Work covered by this Contract shall be kept open, and the {ences subiect to interference shall be kept up by the Contractor until the Work is flnished. Except where public roads have been approved for closure, kaffic shall be permitted to pass through designated traffic lanes with as little inconvenience and delay as possible, C, D, ART CLE 1O GC$8 E. Where altemating one-way traffic has been authorized, the maximum time that traffic will be delayed shall be posted at each end of the one-way traffic section. The maximum delay time shall be approved by the agency having jurisdiction. F. C,ontractor shall install temporary traffic markings where required to direct the flow of traffic and shall maintain the traffic 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 mndition. 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 flaggers to controltraffic 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-69 ARTICLE 11 - INDEMNITY 1I.01 INDEMNITY To the maximum extent permitted by law, the Contractor shall fully indemnify, hold harmless, protect, and defend the City, its officers, employees, agents, representatives and their successors and assigns ("lndemnitees") from and against any and all demands, liability, loss, suil, claim, action, cause of action, damage, cost, judgment, settlement, decree, arbitration awad, stop notice, penalty, loss of revenue, and expense (including any fees ol accountants, attomeys, experts or other 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 arising out of the Work performed by Contractor, or any of its officeG, agents, employees, Subcontraclors, SutsSubcontractors, design consultants or any person for whose acts any of them may be liable, regardless of whether such claim, suit or demand is caused, or alleged to be caused, in pa(, by an lndemnitee, including but not limited to: A. Bodily injury, emotional injury, sickness ordisease, or death to any persons; B. lnfringement of any patent rights, licenses, copyrights or intellectual property which may b€ brought against the Contractor or City arising out of Contracto/s Work, for which the Conlractor is responsible; C. Stop nolices and claims for labor performed or materials used or fumished to be used in the Work, including all incidental or mnsequential damages resuiting to City fom such stop notices and claims; D. Failure of Conractor or its Submntraclors to comply with the provisions for insurance; E. Failure to mmply with any Govemmental Approval or similar authorization or order; F. l\4isrepresentalion, misstatement, or omission with respect to any statement made in or any document fumished by the Contractor in connection therewth; 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 protect the property of any utility provider or adjacent property owner; or J. Failure to make payment of all employee benefits. This indemnity provision is effective regardless of any prior, concurent, or subsequent active or passive negligence by lndemnitees, except that, to the limited extent mandated by Calilomia Civil Code Section 2782, the Contractor shall not be responsible for liabilities which arise from the sole negligence or willful misconduct of lndemnitees or anse from the aclive negligence of City. 11.02 ENFORCEMENT Contracto/s obligations under this Article extend to claims occumng after termination of lhe Contracto/s performance of the Contract or Final Payment to Contractor. The obligations apply regadless of any actual or alleged negligent act or omission of Indemnitees. Contractor, however, shall not be obligated under this Agreement to indemnify an Indemnitee for claims arising from the sole active negligence or willful misconduct of the lndemnitee or independent contractors who are directly responsible to lndemnitees. Contracto/s ARTICLE 11 GC-70 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. 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 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 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.71 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 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 forth in Exhibit 4 must be submitted by the 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 plicies involved, available or applicable. Nothing mntained 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. 12.04 INSURANCE OBLIGATION IS SEPARATE FROM INDEMNIW OBLIGATION This Agreement's insurance provisions: A. Are separate and independent from 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 0F ARTTCLEI ARTICLE 12 GC.l2 ARTICLE 13 - BONDS 13.01 REQUIREOBONDS A. Contractor shallfumish 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 lvlatenal) in an amount equal to one hundred percent (100o/o) of the total Contract pnce in the form shom 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 POWEROFATTORNEY All bonds shall be acmmpanied by a power of attomey fmm the surety mmpany authonzing the person executing the bond to sign on behalf of the mmpany. 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 admitted surety not listed on Treasury Circular 570 will b€ deemed accepted unless specifically rejected by the Cily. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be amompanied by all documents enumerated in California 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 executing the bond to sign on behalf of the company. lf the bonds are executed outside the State of California, all copies of the bonds must be counlersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. 13.04 REQUIREDPROVISIONS 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 lime, alteration, or mod lcation ol the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive no$ce of any such change, e(ension of time, alteration, or modification 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 be@me non- responsible or otherwise unacceptable to City, City may require other new or additional sureties, which the Contractor shall lumish to the satislaction of City within ten (10) days after notice, and in default thereof the ARTICLE 13 GC.73 Contract may be suspended and the materials may be purchased or the Work completed as provided in Article 5 herein. 13.06 WAIVER OF MODIFICATIONS AND ALTEMTIONS 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 rEuired 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-74 ARTICLE 14. LABOR PROVISIONS 14.01 WORKING HOURS 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 houG of 7:00 p.m. and 7:00 a.m. of the next day. Work in excess of eight (8) hours per day, on Salurdays, Sundays, or on City holidays requires prior consent of the Director and is subject to Cost of Overtime Construction lnspection. Night, Sunday and Holiday Work. No Work shall be performed at night, Sunday, or the ten (10) legal holidays to wit: New Year's Day, Martin Luther King, Jr. Day, Washinglon's Birthday, Memorial Day, lndependence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday following Thanksgiving Day, and Chnstmas Day, except Work pertaining to the public safety or wilh the permission of the Director, and accordance with such regulations as he/she shall furnish in writing. Before performing any Work at said times, except Work pertaining to the public safety, the Contractor shall oive written notice to the Director so that proper inspection may be provrded. "Night" as used in this paragraph shall be deemed to include the hours from 7:00 P.l\4. to 7:00 A.M. of the next succeeding day, 14.02 COST OF OVERTIME CONSTRUCTION SERVICES AND INSPECTIONS c. Overtime 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 tlle 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 Contraclorfor payment. Equipment, matenals, or services povided by the City, in connection with Contractorinitiated overtime construction Work described in Paragraph 14.02(4), 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 Wo* ordered by lhe 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 worker employed upon the Work shall be limited and restricted to eight (8) hours during any one{alendar day, and 40 hours during any on+calendar week. 2. Work performed by employees of the Contractor in excess ol eight (8) hours per day, and 40 hours during any one calendar week, shall be permitted upon compensation for all hours worked in excess ofeight (8) hours per day at not less than one and one-half times 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 calendar week by each worker employed by him/her in connection with the Work; the record shall be kept open at all reasonable hours to the inspection of the City and lo the Division of Labor Standards Enforcement of the State of Califomia. ARTICLE 14 GC.75 B C, B 4. ln the event City deems funtractor is in violation of this Paragraph 14.03, the Contraclor shall, as a penalty, forfeit Fifty Dollars ($50,00) Ior each worker employed in the execution of the Contract by the Contractor 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 dollar) $100 penalty shall apply for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufflcient to mver underpaid wages. This subparagraph is effective to the extent it does not directly conflict with the overtime penalty provision of Califomia Labor Code Section 558, In the event of such conflict, the Califomia Labor Code governs over this Paragraph 14.03(AX4). 14.04 WAGE RATES A. Prevailing Wages 1. Contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime Work in the locality in which the Work is to be performed, for each craft, classification, or type of worker needed to execute the Contract. The Director of the Department of lndustrial Relations of the State of Califomia (pursuant to California 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 wwwdir.ca.oovtDlSRHtVD/. 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 Subclntractors shall pay the highest wage rate. 2. The Contractor shall post a copy ol the general prevailing rate of per diem wages at the job site. 3. The Contractor and any Subcontractor under him/her shall pay not less than the specified prevailing rate of wages to all workers employed in the execution ofthe 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 craft, classification, or type of worker employed on the poject. 5. 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 Subconhactor under him. The difference between 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 the Contractor. 6. 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/herofany wage rate in excess ofthegeneral 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, B. Payroll Records 1. Pursuant to California Labor Code Section 1776, the Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, Work ARTICLE 14 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 wilh the Work. The payroll records shall be certified 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 munty, 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 remrds along with a statementof compliance. 14.05 APPRENTICESHIPSTANDARDS 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 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 from the State Department of lndustrial Relations. The City reserves the right to require Contractor and Subcontracto6 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 apprentrce work for every five (5) hours or labor performed by a journeyman. To request dispatch of apprentices, use Form DASj42 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 prolects only to those apprentices who are registered, as defined in Labor Code Section 3077. 4. Contribute to the training fund in the amount identified in the Prevailing Wage Rate publication forjourneyman and apprentices. Contractors who choose not to contribute to the local training trust Iund musl make their contributions to the California Apprenticeship Council, P.O. Box 420603, San Francisco, CA 9142. B. Failure to comply with the provisions of California Labor Code Section 177.5 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 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 separale 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 journeyman apprentice, worker or other employee employed in connection with the work. The payroll records shall be certifled and shall be submitted to the Prqect l\,lanager every lwo weeks ART CLE 14 D. Statement of 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 of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reprted 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 California 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 CHARACTEROFWORKERS 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 trespass, or in the opinion of the Director, acts in a disorderly, dangerous, insubordinate, incompetent, or otherwise 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 officers, 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 Contracto/s control, are prohibited from smoking in- or within a 20-foot distance from- the Site, which is a "place of employment" under California Labor Code $ 6404.5. IEND 0F ARTCLEI ARTICLE 14 GC.78 ts.0t ARTICLE 15 - DISPUTE RESOLUTION SUBMISSION OF CLAIMS A By Contractor Contracto/s right to commence the Claims Dispute Resolution Process shall arise upon the Director's wntten response denying all or part of a Claim. Contractor shall submit a wntten Statement of Dispute to the Director wilhin seven (7) Days after the Director rejects all or a portion of Contracto/s Claim, Conkactor's Statement of Dispute shall be signed under penalty of perjury and shall state with specificity the events or circumstances giving rise to the Claim, the dates of their occunence and the effect, if any, on the compensation due or performance obligatons of Contractor under the Construction Contract. Such Stalement of Dispute shall include adequate supporting data to substantiate the disputed Claim. Adequate supporting data for a Claim relating to the adjustment of the Contractor's obligations relative to time of performance shall include a detailed, event{y€venl description of the impact ol each delay on Contracto/s time for performance, Adequate supporting data to a Statement of Dispute submitled by Contractor involving Contracto/s compensation shall include a delailed cosl breakdown and supporting cost data in such Iorm and including such detailed information and other supporting data as required to demonstrate the grounds for, and precise amount of, the Claim. B. By City City's right to mmmence the Claims Dispute Resolution Process shall arise at any time following the City's actual dismvery of the circumstances giving rise to the Claim. Nothing contained herein shall preclude City ftom asserting Claims in response to a Claim asserted by Contractor. A Stalement of Dispute submitted by City shall state the events or circumstan@s giving rise to the Claim, the dates of their occunence and the damages or other relief claimed by Cily as a result ofsuch events. C. Claims Defined The term "claims" as used herein shall be as defined in Califomia Public Contract Code S 20104(bx2). CI.AIMS OISPUTE RESOLUTION PROCESS The parties shall utilize each of the followng steps in the Claims Dispute Resolution Process in the sequence they appear below. Each party shall participate 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 pary to proceed to the next step in the Claims Dispute Resolution Process. A Direc't Negotiations Designated representatives of City and Contractor shall meet as soon as possible (but not later than ten (10) Days after 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 negotiations by an authorized representative with {ull 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 lor 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 15.02 ART CLE 15 GC.79 negotiations, with the same authority and knowledge as just described, Upon mmpletion 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 Callfomia Evidence Code Sections 1119 and 1't52. B. Defenalof Claims Following the completion of the negotiations required by Paragraph 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 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 defemng final determination and resolution of unresolved Claims until after Final Completion of the Work. C. 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 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 0F ARTTCLEI ART CLE 15 GC€O ARTICLE 16. ACCOUNTING RECORDS 16.01 MAINTENANCE OF RECORDS 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 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 of the Work, including, without limitation, agreements, purchase orders, leases, contracts, commitments, arangements, notes, change orders, change order requests, estimates, field ordens, 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 files (including complete documentation covering negotiated settlements); backcharge; general ledgers; documentation of cash and trade discounts earned; insurance rebates 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 Project asserted by Contractor or any Subcontractor ("Accounting Records"). 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 projects, be satisfactory to City and shall include preservation of such records 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 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 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 limitatlon 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 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 ENFORCEMENT BY 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 jurisdiction 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 16 GCAl IEND OF ARTTCLEI ARTICLE 1 7-MISCELLANEOUS PROVISIONS 17.01 COMPLIANCE WTH APPLICABLE LAWS Notic6, Compliance Contractor shall give all notices required by govemmental authorities and comply with all applicable laws and lawful orders ol govemmental authorities, including but nol limited to the provisions of the Califomia Code of Regulations applicable to mntractors performing conslruction and all laws, ordinances, rules, regulations and lalvful 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 adiustment to the Contract Sum, all local, state and federal taxes, including, without limitation all sales, mnsumer, business license, use and similar taxes on matenals, labor or other items furnished 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 mntributions for social security and unemployment insurance which are measured by wages, salaries or other remuneration paid to Contracto/s employees. lf under federal excise tax law any transaclion hereunder constitutes a sale on which a federal 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 lor 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 from 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. ll Conlractor 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 orders of governmental authorities. lf Contractor observes that any portion of the Drawings and Specifications or Work are at vanance with applicable laws or lawful orders of govemmental authonties, or should Contractor become aware of mnditions not covered by the Contracl Documents which will result in Work being at variance therewith, Contractor shall promptly notify Director in writing lf, without such notice to Director, Conkactor or any Subcontractor performs any Work which it knew, or through the exercrse of reasonable care should have known, was mntrary to lawful orders of govemmental authorities or applicable laws, then Contractor shall bear all resulting losses al its own expense, at no cost to City and without adjustment to the Contract Sum, 17,02 OWNERSHIP OF DESIGN DOCUMENTS A Property ol City All Design Documents, Contract Documents and Submittals (including, without limitation, all opies thereof) and all designs and building designs depicted lherein are and shall remain the sole and exclusive property of the City and the City shall solely and exclusively hold all copynghts thereto. Without derogation the City's rights under this Paragraph, the Contractor B. c. ART CLE 17 GC{2 and Subcontractors are granted a limited, noncxclusive license, revocable at will of City, to use and reproduce applicable prtions of the Contract Documents and Submittals as appropriate to and for use in the execution of the Work and for no other purpose. B. Documents on Site Conlractor shall keep on the Proiecl 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 approved by applicable Govemmental Authonties. C. Delivery to Cig All Design Documents, Contract Documents and Submittals in the possession of Contractor or Subcontractors shall be returned to the City upon the earlier of Final Completion or termination of the Construction Contract; provided, however, that Contraclor and each Subcontractor shall have the right to retain one ('1) copy of the Contract Documents and Submittals for its permanent records D. Subcontraclors Contractor shall take all necessary steps to assure that a provision is included in all subcontracts with Subcontractors, of every tier, who perform Work on the Project establishing, pmtecting and preserving the, City's rights set fofi in this Paragraph. I7.03 AMENDMENTS The Contract Documenls 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 of the Contract Documents at any time shall not in any way limtt or waive that party's right lhereafter to enforce or compel strict compliance with every term, mvenant, condition or other provision, any course of dealing or custom of the trade notwilhstanding. Furthermore, if the parties make and implement any interpretation of the Contract Documents without documenting such rnterpretalion by an instrumenl in writing signed by both parties, such interpretalion and implementation thereof will not be binding in the event of any future disputes. I7.05 INDEPENDENTCONTRACTOR Conlractor is an independent contractor, and nothing contained in the Contract Documents shall be construed as constituting any relationship with City other than that of Proiect owner and independent contraclor. ln no event shall the 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 otherwise specified in the Contract Documents, Contractor has sole authority and responsibility to employ, discharge and otherwise control its employees and has complete and sole responsibility as a pnncipal for its agents, for all Subcontractors and for all other Persons lhat Contractor or any Subcontractor hires to perform or assist in performing the Work. ARTICLE 17 GC{3 17.06 SUCCESSORSANDASSTGNS The 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 pa( of ils right, title and interest in and to any Contracl Documents, including rights with respect to the Payment and Performance Bonds, to (a) any other governmental person as permifted 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 wntten approval of Contractor. B. Contractor may mllaterally assign its nghts to receive payment under the Contract Documents, Contractor may not delegate any of its duties hereunder, except to Subcontractors as expressly otheMse permitted in the Contract Documents. Conkactor'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 from respnsibility. Any assignment of money shall be subject to all proper setoffs and withholdings in favor of City and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shail be subject to being used by City for completion of the Work, should Contractor be in delault. C. Except for the limited circumstances set forth in Paragraph 17.06-8, above, Contractor may not, without the prior written mnsent of City in its sole discretion, voluntarily or involuntarily assign, mnvey, transfer, pledge, mortgage or otheMise encumber its rights or interests under the Contract Documents. No partner, joinl 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 Conlractods 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 lhe 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 pursuant to the terms or provisions hereof, except to the extent that specific provisions (such as the 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 create a contractual relationship of any kind between City and a Subconkactor or any other Person except Contractor. 17.09 PERSONAL LIABILITY OF CITY EMPLOYEES City's authorized representatives are acting solely as agents and representatives of City when carrying out the provisions o{ or exercising the power or authority granted to them under the ART CLE 17 GC-84 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 authonzed employee of City, shall be personally responsible for any liability arising under the Contract. 17,10 NOESTOPPEL City shall not, nor shall any officer thereof, be precluded or estopped by any measurement, estimate or certiflcate made or given by the City representative or other ofiicer, agent, or employee of City under any povisions of the Contract from at any time (either before or after the tinal completion and acceptance ol the Work and payment therefoo pursuant to any such measurement, estimate or certificate showing the true and conect amount and character of the work done, and materials furnished by Contractor or any person under the Contract or from showing at any time that any such measurement, estimate or certificale is untrue and inconect, or improperly made in any particular, or lhat the work and matenals, or any part 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 recovering from Contractor and its Sureties such damages as City may sustain by reason of Contractor's failure to comply or to have complied with the Contract Documents, 17.11 GOVERNING LAW The laws of the State of California govem lhe construction and interpretation of the Contract Documents, without regard to conflict of law pnnciples, Unless the Contract Documents provide otherwise, any reference to laws, ordinances, rules, or regulations include their later amendment, modiflcations, and successor legislation. lf Contractor or City brings a lawsuit to enforce or interpret one or more provisions of the Contract Documents, jurisdiction is in the Superior Court of the County of Los Angeles, California, or where otheruise appropriate, in the United States District Court, Central Distnct of California. Contractor and City acknowledge lhat the Contract Documents were negotiated, entered into, and executed-and the Work was performedjn the City of 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 further evidence the obligations of Contractor hereunder, including assurances regarding assignments of Subcontractors contained herein. 17.13 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 lor 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 interpretatron of the invalidated portion to guide the negotiations. The invalidity or unentorceability 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. ART CLE 17 GC{5 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 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 sublect 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 0F ARTTCLEI ARTICLE 17 GC-86 1. EXHIBIT 1 Bond No.: Premium Amount: $ Bond's Effective Date: PERFORMANCE BOND RECITALS: The City ofVemon, Califomia ("City'), has awarded to (Name, address, and telephone of Contraclor) ('Principal'), a Contract (the 'Contract") for the Work described as follows: Contract No. :Proiect in Vernon, CA. 2. Principal is required under the terms o{ the Contract- and all contract documents referenced in it ('Contract Documents"F to furnish a bond guaranteeing Principal's faithful performance of the Work. 3 The Conkact and Conkact 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 iName, address, and telephone ofSurety) ("Surety"), a duly admitted 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 Contrac{ Sum, in lawful money ofthe United States ofAmerica. The CalifomE Licensed Resident Agent for Surety is: (Name, address, and telephone) Registered Agent's Califomia Department of lnsurance License No. THE CONDITION 0F THIS BOND'S OBLIGATION lS THAT, if Principal prompty and faitrtully perlorms the undertakings, Erms, covenants, conditions, and agreements in the Contracl and Contract Documenb (including all heir amendmenb and supplements), all witlrin the lime and in tlre manner that fiose documenb specfy, hen this obligation becomes null and void. otrerwise, his Bond Emains in fullforce and efiect, and the follorjing terms and conditions apply to his Bond: 1. This Bond specifically guarantees Principal's performance of each obligation and all obligations under the Confad and Contract Documents, as they may be amended and supplemenbd- including, but not limited to, Principal's liability for liquidated damages, Wananties, Guarantees, Corecton, and MainEnance obligatons as specified in the Contract and Contract Documents- except hat 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 ttre Contract and Confact Documents, 6e guarantees in this Bond also suNive Final Completion o, 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 lfie Proiecl according to he Contract Documents'terms and conditions then in effecti or (c) using a procurement methodology approved by City, select a confadoror contractors- acceptable to City- to complete all of the Work, and anange for a contract between the contractor(s) and City. Surety shall make available, as he Work progresses, sulficient funds to pay the cost of completion less the balance of he Contract Sum, and to pay and perform all obligations of Principal under the Confact and Contract Documents- including oher costs and damages for which Surety is liable under his Bond- except that Surety's total obligation, as described here, will not exceed he Bonded Sum EXHIBIT 1 - PERFORI\,,IANCE BONDJ Of 3 4. An alteration, modification, change, addition, deletion, omission, agreement, or supplement b the Contract, Contract Documents, or he nature of he Work performed under the Confacl or Contract Documents- including, yrithout limitation, an extension of time for performance- does not, in any way, affect Surety's obligations under $is Bond. Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement, or extension of time. 5. Surety's obligations under his Bond are separate, independent from, and not contingent upon any other surety's guaranteeing Principal's faitrful performance of he Work. 6. No rightof action accrues on his Bond to any entity other han City or its succ€ssors and assigns. 7 lf an aclion at la'a, or in equity is necessary to enforce or interpret 6is Bond's terms, Surety must pay- in addition to 0te Bonded Sum- City's reasonable attorneys' fees and litigation msb, in an amount the court fixes. L Surety shall mail City written notice at least 30 days before: (a) he effective date on which the Surety will cancel, terminate, or withdraw ftom this Bond; or (b) this Bond be@mes void or unenforceable for any reason. 0n the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representative(s) under the authority of its governing body. Date: PRINCIPAL:SURETY: (Company Name)(Company Name) (Signature)(Signature) By (Name) By: Its: (Name) Its: (Title) Addrcss for Seruing Notices or Other DocumenB: Add]€sg for Serving Notices or Other oocumenE: (Title) CORPORATE SEAL CORPORATE SEAL . THISB0{D i/id,Sf flEErrc(,IEDNfRPLEAfE. EvlDEMEttUSl8fATTACHED0FTHEAi/l.,IORrTYtrANIPERSOII$GIIflTVGASIIIOtrVEr.vfACL. THE ATT0RNEYIN-FACTS $GMIURE ilrUST E IATAREED.. A CORPORATE SEIIL USI 8E "'PRESSED Ol TH'S rcRN' MEN THE PRINCIPAL OR IT'E SURErl4 OR BOft+ ARE A CORPORATTON. APPROVED AS TO SURETY AND AMOUNT OF BONDED SUM: APPROVED AS TO FORM: Director of Public Works, Water & Development Services City Attomey ByBy EXHIBIT 1 - PERFORI\TANCE BOND-2 of 3 BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY.IN.FACT STATE OF CALIFORNIA ) ) ss. couNTY 0F ) On this _ day of 20-., 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 subscnbed to this instrument as the attomey and acknowledged to me that he/she subscribed the thereto as principal, and hrs/he own name as attomey in fact, I certify under PENALW OF PERJURY underthe laws of the State of Califomia that the foregoing paragraph is true and correct. Notary Public SEAL in fact of name of EXHIBLT 1 , PERFoRI\.4ANCE BOND-3 of 3 EXHIBIT 2 PAYMENT BOND (LABOR AND IIIATERIALS) RECITALS: The City of Vernon, Califomia ('City"), has awarded to Bond No. Premium Amount: $ Bond's Effective Date; 1 (Name, address, and lelephone of Design-Builder) ("Principal'), a Conkact (the "Contract') for the Work described as follows: Contract No. :Proiec{ in Vemon, CA. 2 Principal is required under California Qjy[ eglE Sections 3247 -3248 and the terms of the Conkact- 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 fumished or used in the Work 3. The Contract and Conlracl Documents, including all their amendments and supplements, are incorporated into this Bond and made a part ol it by this rererence 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 joinuy and severally obligate and bind ourselves, and our respective heirs, executors, adminisfators, successors, and assigns to pay City the penal sum of Dollars ($_) (lhe Bonded Sum"), this amount comprising not less than the total Conkact Sum, in lawful money of the United States ol America. The Califomia Licensed Resident Agent for Surety is: (Name, address and telephone) Registered Agent's Califomia Department ot lnsurance License No. THE CoNDITION OF THIS B0N0'S oBLIGATION lS THAT, if Principal or a subcontractor fails to pay (a) any person named in Califomia QrytL eglE Section 3181, or any successor legislation; (b) any amount due under California's Unemplovment lnsurance Qgglg or any successor legislation, for work or labor performed under the Contract or Contract Documents; or (c) any amount under .lJ.DetrpL9yEeltIS.UE!99 Q!!lg Section 13020, or any successor legislation, that Principal or a subcontractor must deduct, withhold, and pay over to the Employment Development Department hom the wages of its employees, lor work or labor performed under the Contract or Contract Documents, fren Surety shall pay forthe same in an amount not-to€xceed the Bonded Sum Otherwise, this obligation becomes null and void. Vvhile his Bond remains in tullforce and effect, the following terms and conditions apply to this Bond: 1. This Bond inures to he beneft of any of the persons named in Califomia Qiyl! Qg9l9 Section 3181, or any successor tegislation, giving those persons or their assigns a rEht of adbn in any suit brought upon this Bond, unless California eiy!! Code Section 3267, or any successol legislation, applies 2. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Conbact, Contract Documents, or the nature of the Work performed under the Contract or Confad Documents- induding, without limitation, an extension of time for performance- does not, in any way, affect Surety's obligations under EXHIBIT 2 - PAYIIENT BOND-1 of3 this Bond. Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement, orextension of tme 3. Surety's obligations under this Bond are separate, independent from, and not contingent upon any oher surety's paying claims, demands, liens, or suits lor 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 Sum- City's reasonable attomeys' fees and litigation costs, in an amount the court fixes. 5. Surety shall mail City writen 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 goveming body. Date: PRINCIPAL:SURETY: (Company Name)(Company Name) (Signature)(Signature) By:By: Its:Its: ( ame)(Name) (Tifle) (Tiue) Mdrcss for Serving Notices or Olher Documenb: Addrc3s for Serving Notic6 or Other Documeltb: CORPORATE SEAL CORPORATE SEAL . I}i,S8OVD['UST BE OGCUIED INIHH.TATE. a fiENCEMUST BE AITACHED GTHE AWHORITY 0F AMI PERSOiI 9GMTVG AS AIIOR TTEyJIVfACL. THE ATTORNE'i.,N+ACIS S,GMIURE It UST BE ^PTARIED.. A CORPO&AIE SEqt itUST 8E l/t PRESSED Otl fl45 rc l WHEN THE PRlllClPAl- OR TIIE SURETY OR BOIH, ARE A CORPoRAflo'l. APPROVED AS TO SURETY AND AMOUNT OF BONDED SUM: APPROVED AS TO FORM: Direc{or of Public Works, Water & Development Services City Attomey EXHIBIT 2 - PAYMENT B0ND-2 of 3 By By. STATE OF CALIFORNIA COUNTY OF On this _ day of BOND ACKNOWLEDGMENT FOR SUREW'S ATTORNEY.IN.FACT SS 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 lavvs of the State of California that the foregoing paragraph is true and conect. Notary Public SEAL 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 in fact of name of EXHIBIT 2 - PAYMENT BOND-3 of 3 1 EXHIBIT 3 Bond No.: Premium Amounl: $ Bond's Elfective Date: MAINTENANCE BOND RECITALS: The City of Vemon, Califomia ("City'), has awarded to (Name, address, and telephone of Contractoo ('PrinciPal"), a Conkact (the "Contract") for the Work described as follows: Contrdct No. :Proiect in Vemon, CA. 2. Principal is required under the terms of the Contract- and all contract documents referenced in it ("Contract Documents"F after completion ofthe Work and before the filing and recordation of a Notice of Completion for the Work, to fumish a bond to secure claims for l\,taintenance equal to ten percent (100/0) of the total amount of the Contract Which shall hold good for a period of one (1) year from the date he City's Notice of Completion and Acceptance of the Work is filed with the County Recorder, to protect be City against the result of faulty material or workmanship during that time. 3. The Contract and Contracl DoGrments, 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, addrsss, and telephone of Surety) ("Surety"), a duly admitted surety insurer under Califomia's laws, agree as follo$is: By this Bond, We jointly and severally obligate and brnd ourselves, and our respective heirs, executors, administrators, successors, and assigns to pay City the penal sum of Dollars ($_) (lhe Bonded Sum"), this amount comprising not less than the total Contract Sum, in lawful money ofthe United States of funerica. The Califomia Licensed Resident Agent for Surety is: (Name, address, and telephone) Registered Agent's Califomia Department of lnsurance License No. _ THE C0NDITION OF THIS BoND'S OBLIGATI0N lS THAT if he said Principal or any of his or her or its subcontractors, or he heirs, executors, administrators, sucaessors, 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 withrn seven (7) days with a written schedule acceptable to the Cty for same, repair or replacement of any and all Wod(, together with any other adjacent Wort \,vhich may be displaced by so doing, that proves to be defective in its woftmanship or material for the period of one (1) year (except when othenvise required in the Contrad to be for a longer period) from he date the City's Notice of Completion and Acceptance, or equivalent, is filed wih the County Recorder, ordinary,^ear and tear and unusual abuse or neglect excepted wih respect to such Work and labor, he Surety herein shall pay for the same, in an amounl not exceeding the sum specifed in his Bond. 1. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly remedy $e default using a procurement mehodology approved by City, select a mntractor or contractors- acceptable to City to mmplete all of the Work, and anange for a contract between the 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 which Surety is liable under this Bond except that Surety's total obligation, as described here, will not exceed ttre Bonded Sum. ExHlBlT 3 - [,IAlNTENACE BOND-1 of 3 2. Should he condition of his bond be fully performed, then his obligalion shall become null and void, ofienvise it shall be and remain in fullforce and effecl. 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 he specilications accompanying the same shall in any manner affect its obligatons on this bond, and it does hereby waive noti@ of any such change, extension, alteration, or addition. 4. Surety's obligations under his Bond are separate, independent from, and not contingent upon any oher surcty's guaranteeing Principal's faihful perlormance of the Work. 5. No right of action accrues on this Bond to any entity other han 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 he Bonded Sum, City's reasonable attomeys'fees and litigation msts, in an amount the muifixes 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) his Bond bemmes void or unenlorc€able for any reason. L Death of the Principal shall not relieve Surety of ib obligations hereunder. On the date set forth below, Principal and Surety duly executd this Bond, with the name of each party appearing below and signed by its representative(s) under the authority of its goveming body. Date: PRINCIPAL:SUREIY: (Company l,lame)(Company Name) (Signature)(Signature) By:By: Its:Its: (Name)(Name) (TiUe) (Iitle) Address for Serving Notic6 or O$er Doqrmenb: AddrcsforSewing Notices or Otler oocuments: CORPORATE SEAL CORPORATE SEAL . '? S BOT'D &'SIBE ErIECIIIED N IHH,JCAIE. EV'IE'{CEIIII/SIBE ArIACIiF'DffIIE AI/I/IIOHIYOFA'I'YPERSOVSGAfIVGASATTORIEHI"+ACT. TIE ATfORt/F-fltt FACTS SG,{AIURE llrlrsl E iOIAREED.. A CntrORAfE SEAI- l,fl/St 8E ,iltPRESSEo 0r{ llll9 KtRlt WlEll T,E P r,PN. OR TIE SIJFEN, OR 8oTlt, Atr A coRPoRllTrov. APPROVEDAS TO SURETY &AMOUNT OF BONDED SUM: APPROVED ASTO FORM: By Direc-tor of Public Works, Water & Development Services City Attorney EXHIBIT 3 - IT4AINTENACE BoN0-2 of3 By sTArE 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 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 require each of its Subcontractors to obtain and maintain - for the duration of the Agreement, policies of insurance meeting the following requirements: A. Workers'Compensation/Employer's Liability lnsurance shall provide workers'compensation statutory benefits as required by law. 1. Employe/s Liability insurance shall be in an amount not less than: (a) ONE M|LL|ON DOLI-ARS ($1,000,000) per accident for bodily injury or disease; (b) ONE MILLION DOLLARS ($1,000,000) per employee for bodily injury or disease; and (c) ONE MILLION 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 coverage for completed operations. Coverage shall apply on a primary, non+ontributing basis in relation to any other insurance or self-insurance, primary 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 additional insured. Coverage shall contain no contractors' 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 written for less than the limits of liability specified as follows: (a) ONE MILLION DOLI-ARS ($1,000,000) per occurTence for bodily injury (including accidental death) to any one person; (b) ONE MILLION DOLI-ARS ($1,000,000) per occurTence for personal and advertising injury to any one person; (c) ONE MILLION DOL|-ARS ($1,000,000) per occurrence for property damage; and (d) TWO MILLION DOLLARS ($2,000,000) generalaggregate limit. 2. CGL insurance must include all major divisions of coverage and must cover: (a) Premises Operations (including Explosion, Collapse, and Underground ["X,C,U"] coverages as applicable); (b) lndependent Contractor's Protective; (c) lndependent Contractors; EXHIBIT 4 - INSUMNCE REQUIREMENTS - 1 of 6 (d) Products and Completed Operations (maintain same limits as above until fle (5) years after recordation of Notice of Completion) (e) Personal and Advertising lnjury (with Employe/s Liability ftclusion deleted); (f) Contractual Liability (including specified provision for Contractor's obligation under Article 11 ofthe General Conditions); and (S) Broad Form Property Damage. 3. Umbrella or Excess Liability lnsurance (over primary), if provided, shall be at least as broad as any underlying mverage. Coverage shall be provided on a "pay on behalf basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no mntractor's limitation endorsement. The policy shall have starting and ending dates concunent with the underlying coverages. The Named Insured may determine the layering of pnmary and excess liability insurance provided thal if such layering differs from that described here, the actual coverage program meets the minimum total required limits and complies with allother requirements listed here. C. Business Automobile Liabili$ lnsurance 1. Business Automobile Liability lnsuran@ 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 liability policies. Business Automobile Liability lnsurance coverage amounts shall not be less than the following: (a) ONE MILLION DOLLARS ($1,000.000) per occunence for bodily injury (including accidental death) to any one person; and (b) ONE M|LLION DOLLARS ($1.000,000) per occunence for property damage; or (c) oNE l\4lLL|oN DOLLARS ($1.000.000) combined single limit, D. Contractors Pollution Liability lnsurance (CPL) 1. Contractor or Submntractor shall obtain, pay for, and maintain for the duration of the Contract Contractors Pollution Liability insurance that provides coverage Ior liability caused by pollution mnditions arising out of the operations of the Contractor. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. lf the insured is using Subcontractors, the policy must include work performed "by or on behalf of the insured. 2. The plicy limit shall provide coverage of no less than one million dollars ($1,000,000) per claim and in the aggregate. Coverage shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically inured; cleanup msts; and msts of defense, including msts and expenses incuned in the investigation, defense, or settlement of claims. EXHIBIT4-INSUMNCE REQUIREMENTS -2of 6 3. All activities contemplated in the Contract shall be specifically scheduled on the CPL policy as "covered operations." ln addition, the policy shall provide coverage for the hauling of waste from the Prolect site to the final disposal location, including non{wned disposal sites. 4. The policy shall specifically provide fora duty to defend on the partof the insurer. City, its officers, employees and agents shall be added to the policy as additional insureds by endorsement. 2.0 GENERALREQUIREMENTTALLPOLICIES A. Qualificalions of Insurer. At alltimes during the term ofthis Conkact, Contractods insurance company must meet all of the following requirements: 1. "Admitted" insurer by the State of Califomia Department of Insurance or be listed on the California Department of lnsurance's 'List of Surplus Line Insurers" ("LESLI"); 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:Vll", B. Continuation Coverage. For insurance coverages that are required to remain in force afterthe Final Payment, and if reasonably available, Contractor shall submit to City, with the final Application for Payment, all certificates 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 discretion. 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 ofiicers, agents, employees and representatives as additional insureds. E. Contractor'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 insuranc€. City's insurance, or self-insurance, or both, will not contribute with Contractor's insurance policy. F. Waiver of Subrogation. Contractor and Contractor's 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. G. Separation of Insureds. Contractofs insurance policy applies separately to each insured or addilional 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 Insured 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 another expense under Contractor's policy J. At any time during the duration of this Contract, City may do any one or more of the following: L Review this Agreement's insurance coverage requirements; ExHlBlT 4 - INSURANCE REQUIREMENTS - 3 of 6 2. Require that Contractor obtain, pay for, and maintain more insurance depending on City's assessment ol 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 Ior an insurance mverage) from a California 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 interruption, from the Project's commencement date to the Final Payment date, or until a date that City specifies for any mverage that Contractor must maintain after the Final Payment. L, Contractorshall not allow any insurance 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 reduction in coverage and ten (10) days before its insurance policy's expiration, cancellation, termination, or non+enewal, Contractor shall deliver to City evidenc€ of the required coverage as proofthat Contraclor's insurance policy has been renewed or replaced with 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 request, Contractor shall fumish satisfactory proof of each type of insurance coverage required- including a certified copy of the insurance policy or policiesi ce(ificates, 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 Contracto/s behalf, Contractor shall ensure that the Subcutractor complies with the following. 1. lVleets, and fully complies with, this Agreement's insurance requirements; and 2. Furnishes City at any time upon its request, with a complete copy ol the Subcontracto/s insurance policy or policies for Crty's review, or approval, or both, Failure ol City to request copies of such documents shall not impose any liability on City, or rts employees. O. Contractods failure to comply with an insurance provision in this Agreement constitutes a material 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 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 ENOORSEMENTS EXHIBIT 4 - INSUMNCE REoUIRE[/ENTS - 4 of 6 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" unlil the City Attomey or City's Risk Manager has reviewed and approved all insurance documents. City's decision as to the acceptability of all insurance documents is Iinal. Sample insurance documents in lhe City's approved format are set foft in this 4. B. Required Submittals for Commercial General Liability and Business Automobile lnsurance and Contractor's Pollution Liability lnsurance. The Iollowing submittals must be on forms satisfac{ory to the City Attomey or City's Risk lVanager, and signed by the insurance canier or its authorized representative - which fully meet the rEUirements of, and contain provisions entirely mnsistent with, all of the insurance requirements set forth herein. 1, 'Certificate of lnsurance" 2.'AdditionallnsuredEndorsement' 3. Subrogation Endorsement: "Waiver of Transfer to Righls of Recover Against Othem" Both Certificates of lnsurance and Additional lnsured Endorsements must read as follows: "The City of Vemon, and its officers, agents, employees and representatives are induded as additional insureds under the policy(s). This insurance is pnmary to all other insurance of the City, The City's insurance and self-insurance will apply in excess of, and will not contnbute with this insurance. Thrs insurance applies separately to each insured or additional insured who is seeking mverage, or against whom 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+enewal, or reduction in mverage.' 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 l\4anager, 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 requrrements, lf Contractor is self-insured for workers' compensalion, a copy of the "Certificate of Consent to Self-insure" from the State of Califomia is required; or if Contractor is lavdully exempt from workers' compensation laws, an 'Affirmation of Exemption from Labor Code $3700" f0rm is required. D. Required Evidence of Builde/s Risk Coverage. City will provide a cerlificate of insurance and a declarations page on a form satisfactory to the City Attomey or City's Risk Manager, and signed by the insurance carrier or its authorized representative. The policy terms must fully meet the requirements of, and mntain provrsions entirely consistent with, all of the insurance requirements set forth herein. The City shall be named as a loss payee on the insurance policy for the full replacement value of all buildings, structures, fixtures and materials to be constructed, maintained, repaired or supplied pursuant to this Contcct, E. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring lhat all required coverage is provided. Contractor agrees to obtain certiflcates evidencing such coverage. F, Contraclor 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 monitorthe handling of any such claim or ciaims if they are likely to involve City. G. No liabiiity policy shall contain any provision or definition lhat 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 s u bcontracto r. H. Any "self-insured retention' must be declared and approved by City. City reserves the right to require the sellinsured retention to be eliminated or replaced by a deductible, Self-funding, policy fronting or other mechanisms EXHIBIT 4 - INSUMNCE REQUIREMENTS - 5 of 6 to avoid risk transfer are not acceptable. lf Contractor has such a program, Contractor must fully disclose such program to City. EXHIBIT 4 - INSUMNCE REQUIREMENTS - 6 of 6 EXHIBIT B SPECIAL PROVISIONS SPECIFIC FOR THIS PROJECT EXHIBTT B SPECIAL PROVISIONS - SPECIFIC FOR THIS PROJECT SLAUSON & BOYLE STREET & TRAFFIC IMPROVEMENTS. CONTRACT NO. CS-0534 GENERAL B- I .01 Scope of Work - This project consists of a 6 foot wide header cut along the edge of the concrete gutters, removal of 4 to 6 inches deep of the existing asphalt pavement, adjusting to grade manholes and valves and rejuvenation by mixing the removed asphalt with new emulsified recycling agents, water and additives Cold Central Plant Recycling (CCPR) process. After curing of the recycled asphalt, an overlay of 2-inch thick latex modified asphalt concrete will be installed on the streets per plans. In addition, removal and replacement of damaged curb, gutter, sidewalk, driveways, and the installation of handicap access ramps will be completed per the plans. High-Early (l0" thick) concrete approaches will be constructed at various intersections. Traffic Signal modifications will be made at three intersections. Crack Sealing will be done on Vernon Avenue,4gth Street,38th Street and Malburg Way.Channelization of paved streets shall include traffic striping and pavement markings. Petromat fabric exists approximately 2 to 4 inches below the existing surface on Boyle Avenue and on Slauson Avenue. B-1.02 Contract Plans - The details and the exact limits for the asphalt and concrete work in this project are shown on the City of Vemon Contract No. CS-0534 sheet drawings, incorporated into this Agreement by this reference: Sheet No.Plan No.Descriplion t-2 Title Sheet & Notes 3-4 P2742 Boyle Avenue Street Improvements Slauson Avenue to South City Limit 5-9 P2692 Slauson Avenue Street Improvements Boyle Avenue to Downey Road l0-l I T2741 Boyle Avenue Channelization Slauson Avenue to South City Limit t2-13 T2693 Slauson Avenue Channel ization Boyle Avenue to Downey Road 14 T52740 Slauson Avenue @ Alcoa Avenue Traffi c Sienal Improvements l5 T52729 Santa Fe Avenue @28'" Street Traffic Signal Improvements l6 T52728 Bandini Boulevard @ I-710 Fwy Off-ramp Traffi c Sienal ImDrovements 8-1.03 Specifications - Installation and payment for all the work shall conform to the ..GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2015 Edition), the Standard Plans for Public Works Construction (2009 Edition), State of California, Department of Transportation Standard Plans and Standard Specifications (2010 Edition), and the City of Vemon Standard Plans. cs-0534 1 of36 EXHIBIT B -SPECIAL PROVISIONS Traffic Signal, street lighting and materials shall conform to the "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2015 Edition), State of California Department of Transportation (Caltrans) Standard Plans (2010 Edition) and the State of California Department of Transportation (Caltrans) Standard Specifications (2010 Edition). B-1.04 Length of Contract - All work in this project shall be completed within 90 (ninety) calendar days as specified in the Bidder's Proposal. B- I .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- I .06 Oualit.v of Work - The provisions of Section 4- I . I entitled "Materials and Workmanship" of the Standard Specifications (2015) shall apply. In addition, any workdeemed unacceptable by the City Engineer, whether a cause is determined or not shall be repaired or replaced by the Contractor at his expense. 8-1.07 Liquidated Damases - In accordance with Section 6-9 of the Standard Specifications (2015), for each consecutive calendar day required to complete the work in excess of the time specified herein for its completion, as adjusted in accordance with Section 6-6 of the Standard Specifications (2015), the Contractor shall payto the City, orhave withheld from monies due it, the sum of $1.500.00. B-1.08 Unit Prices - All costs not covered by specific unit prices but required for a complete job in place, shall be included in the items most related to the work. 8-2.01 Scheduling 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. Traffic signal modification, loop installations, railroad track work and base paving must be completed prior to the final two-inch thick asphalt concrete overlay. cs-0534 2of36 EXHIBIT B -SPECIAL PROVISIONS B-2.02 Construction Hours- Work shall occur Monday thru Friday between the hours of 7 a.m.-4 p.m., except for the restriction shown below. The type of work willhave time restrictions as follows: The cold in-place recycling operations (CCPR) will occur Monday thru Friday between the hours of 8:00 a.m. to 3:30 p.m. Removal of the asphalt and placement of the high early strength concrete on Slauson as shown on the plans shall be on Friday between the hours of 7:00 p.m. to Sunday 5:00 p.m. The 2" thick latex overlay work shall occur on Saturday and/or Sunday between the hours of 7:00 a.m. to 4:30 p.m. All re-striping work shall occur at night between the hours of 9:00 p.m. to 4:00 a.m. Layout "Cat Track" shall be approved by the City before final re-striping. All driveways will be removed and poured on a Saturday and/or Sunday between the hours of 7:00 a.m. to 4:30 p.m. AII traffic signal work will occur Monday-Friday between the hours of 9:00a.m.- 3:30p.m. Rewiring shall occur on a Saturday and/or Sunday. Final turn on will occur on a Saturday. Additional grind areas on Santa Fe Avenue, District Boulevard, Bandini Boulevard, 38th Street and 49th Street work shall be on a Saturday between the hours of 7:00 a.m. to 4:30 p.m. 8-3.01 Traffic Requirements - General - Before any partial or total closure of any street, the Contractor shall be required to obtain the approvalof 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. 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 Califomia, Division of Highways, Traffic Manual or as required by the City Engineer to insure safe passage of traffic. 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 closed access or drive approach shall be immediately cs-0534 businesses within the project limits. Any restored when the construction operation 3of36 EXHIBIT B -SPECIAL PROVISIONS that necessitated such closure is completed. The following is a partial list of factors required to comply with this access requirement: 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. A business or residence that has a drive approach that is at least 40 feet wide shall be poured in halves in order to maintain continuous access unless otherwise approved by the City Engineer. c. In addition to the above, the Contractor shall be required to construct temporary ramps at excavated areas and utilize other construction methods such as temporarily backfilling areas and surfacing with temporary A.C. paving, in order to comply with the requirements of continuous access unless otherwise directed by the City Engineer. 8-3.02 Traffic Requirements - Specific for this Project - In addition to the general specific requirements of Section II -3.01 of these Specifications, the following provisions shall apply unless otherwise directed by the City Engineer. a. Construction hours shall be per Section 8-2.02. During other work hours, the Contractor shall maintain all existing traffic lanes during the hours of 7a.m. - 8a.m. and 4p.m - 6p.m. each day. During the hours of 9a.m. - 4p.m., the Contractor may close the area adjacent to the proposed construction only if the street has more than one through lane of traffic in each direction and one through lane in each direction can be maintained unless otherwise specified in the contract provisions. The Contractor shall submit traffic channelization and detour plans to the City Engineer for approval at least (10) ten working days prior to commencement of work. East bound and west bound Slauson Avenue can be reduced to one lane in each direction from Monday thru Sunday. During the weekend work associated with the concrete intersection approach, one lane in each direction must remain open at all times. Same will apply with north and southbound Boyle Avenue. 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, and not handwritten. 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. Contractor shall only post "NO PARKING SIGNS" on one side of the street at a time unless otherwise approved by the City Engineer. The signs shall be effective for a. b. b. c. cs-0534 4of36 EXHIBIT B -SPECIAL PROVISIONS no more than five working days and shall be removed within 24 hours after the work is complete. If signs are not removed in atimely manner. the City Engineer may suspend all work until signage requirement is corrected. 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 upon Highways. Due to the necessity of private property access, the contractor may be required to maintain a fifteen (15) foot, in width, travel lane. Detour of traffic shall be maintained within the construction zone for the duration of the construction. The Contractor shall provide access to local businesses at all times unless otherwise approved by the City Engineer. This may include providing steel plates at some driveway approaches. The Contractor shall furnish and maintain Type I and Type III barricades with flashers at the removal or cold recycling areas. Message boards shall be used for lane closure/detour areas and placed l0 calendar days in advance of the closure/detour. Flashing arrow boards shall be used on Boyle and Slauson Avenues. The traffic control shall be in accordance with the Califomia Manual of Temporary Traffic Controls (MUTCD, latest edition) handbook. d. Traffic Control Work shall include all labor, materials, tools, equipment, transportation and incidentals necessary to maintain and control all vehicular and pedestrian traffic through the construction site. The cost of furnishing and maintaining traffic control during the construction including flagmen as necessary must be included in the various bid items, and no extra compensation will be paid to the Contractor. B-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 ltems and Expenditures 20% l5% l5Yo 15Yo 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 l0-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.4J2 Compliance 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 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 cs-0534 5of36 EXHIBIT B -SPECIAL PROVISIONS limited to normal working hours. Inspection of the Contractor's performance by the City, its agents, oremployees 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 l-fibcred 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 of streets, alleys, driveways, etc., orto 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. advance of anv 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 wriffen notification, then all the affected residents and places of 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 the appropriate items of the Bid Proposal. B-4.04 Notification of Utilities - The provisions of Section 5 entitled "Utilities" of the Standard Specifications 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. II-5.01 Noise Restrictions - The Contractor may not operate certain power equipment, within a residential area or within a radius of 500 feet from a residential area, except during the following times: l. From 7:00 am to 4:00 pm, Monday through Friday 2. From 7:00 am to 5:00 pm on Saturday and Sunday cs-0534 6of36 EXHIBIT B -SPECIAL PROVISIONS In addition, 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 businesses. Requirements - General : l. All construction shall conform to Sections 6-l and6-2 of the latestedition 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 orderto 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-7.01 Character of Workers - tf 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. B-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. 8-8.02 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. 8-8.03 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, cs-0534 7of36 EXHIBIT B -SPECIAL PROVISIONS 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 or 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. 8-8.04 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. 8-8.05 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. 8-8.06 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-9.01 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 specific construction practices in the Standard Specifications, 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 untilthe BMP submittalhas been reviewed and approved. 8-10.01 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-0534 8of36 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. B-ll.0l Material Submittals - The Contractor shall provide all required submittals including, but not limited to shop drawings, materials and mix designs to the City upon reward of the contract for review and approval before the construction. The 'Notice to Proceed" will not be issued to the Contractor until allthe submittals have been reviewed and approved by the City. Also see Section B-16.02 CCPR Submittals for additional information related to Cold Central Plant Recycling (CCPR) process submittals. B-12.01 Unclassified Excavation - This section shall conform to Subsection 300-2 of the Standard Specifications and these Special Provisions. Unclassified excavation shall consist of saw cutting, excavation and disposal of existing concrete sidewalk, curb and gutter, driveway and adjacent two feet wide strip asphalt pavement along proposed concrete improvements, aggregate base, soil etc., and portions of street improvements proposed for concrete pavement as shown on the plans and shall be paid according to the unclassified excavation contract bid item unit price. Cost for unclassified fill if any, re-grading and re-compaction shall be included in the unit price paid for the unclassified excavation for the said areas and no additional payment will be allowed therefore. Additionally, the disposal of the excess amount of asphalt concrete pavement as a result of the cold planing the existing asphalt concrete pavement shall not be considered as unclassified excavation. p.-12.02 Saw-cutting - A concrete saw shall, where practicable, be used to neatly saw the edge of all existing concrete sidewalk, curb, gutter, and drive apron to be removed. All work shall conform to applicable provisions of the Standard Specifications. Payment for saw-cutting concrete and asphalt pavement, concrete spandrel, drive aprons, curb, gutter or sidewalk shall be included in the bid prices of the various related items as specified in the Bidder's Proposal and no additional payment for this work shall be made therefor. Saw-cutting will be required along score lines of all individual concrete areas to be removed. A minimum 8" saw-cutting depth will be required along the joint line for curb and gutter. The residue resulting from the saw-cutting operations shall not be permitted to flow beyond the specific work location and shall be vacuumed concurrently with the operation. See Section [- 2.04.1 of these Specifications for NPDES requirements. B-13.02 Cold Planing - This section shall conform to Subsection 302-l Cold Milling of Existing Pavement of the Standard Specifications. Cold planed (cold milled) asphalt will be used as part of the Cold Recycling process through the Cold Central Plant Recycling method and any additional remaining cold ptaned asphalt concrete not used as the part of the process will be disposed of in cs-0534 9of36 EXHIBIT B -SPECIAL PROVISIONS accordance Subsection 302- l .8 of the Standard Specification. The cost to dispose of the excess cold planed asphalt concrete shall be included in the most appropriately related bid items. 8-12.01 Benchmark Replacement - If benchmarks and/or centerline ties are displaced or damaged during construction, the Contractor shall replace them per City of Vernon Standards at no cost to the City. Contractor shall notify the City within 24 hours of displacing a benchmark and/or centerl ine ties. B-13.01 Maintainine Existine Traffic Sienal System - [n accordance with Section 701-4 and 701-5.4 of the Standard Specifications, the existing traffic signals shall be in operation at all times except during the re-wiring and final turn on. B-14.01 Parkway Restoration - Parkway and lawn areas disturbed by construction and/or root removal operations shall be backfilled with material approved by the City Engineer, mechanically compacted to 90o/o of optimum density, and graded to join the adjacent improvements and parkway lawn areas. The parkway and lawn area shall be restored by sodding in accordance with Section 801-4.8 of the Standard Specifications, and the irrigation system to match the adjacent parkway area. The payment for this work is deemed to be included in the unit bid price for removal. B-14.02 Tree Removal - The existing tree removal shall consist of removal and disposal of the tree, including leaves, branches, trunk, stump, roots, debris, and backfilling with imported clean soil. B- 14.03 New Tree Planting- The new tree species shall be a Water Gum (Tristania Laurina) and shall be planted in accordance with the City of Vernon Standard Plan No. MVl89l. The Agency shall inspect and approve the trees upon delivery to the job site before planting. Substitution with other type of trees shall not be allowed. All trees shall be a minimum of 24" x 24" boxes. The Contractor shall be responsible for the upkeep and maintenance of all installed landscaping for a period of one year after contract acceptance including watering of the trees. The cost of removal and replacement of dead trees for I year shall be included in the bid item. A written warranty shall be provided. B-14.04 Root Shaving/Prunine- Where the sidewalk has been raised by an existing tree, interfering roots shall be shaved per the Engineer's direction. The shaving of the roots will be paid under the bid item. The cost of shaving the tree roots and backfilling with clean soil shall be included in the bid unit price. B-15.01 Concrete Improvement - General - The construction of concrete improvements shall consist of removal and disposal of concrete, asphalt concrete pavement, debris, native soil, and construction of concrete curb ramps, driveways, sidewalks, curb & gutter according to the City of Vernon Plans. All concrete work shall be formed according to City of Vernon Standards. No wild pouring allowed. All concrete classifications are according to Standard Specification for Public Works Construction Section 201-1.1.2. The cost for construction of the depressed concrete gutter for driveways and curb ramps, soil backfill, re-compaction, and removal & repaving of the 2'wide by asphalt pavement depth along cs-0534 10 of 36 EXHIBIT B -SPECIAL PROVISIONS the removed concrete curb or gutter for forming shall be included in the various bid items and no extra compensation will be paid to the Contractor. B-15.02 Concrete Curb Ramp (Handicap Access) - The concrete curb (handicap access) ramp including truncated dome and depressed gutter shall be constructed according to the Revised Caltrans Standard Plan RSP A88A. The ramp shall be poured monolithically with depressed gutter which has 0" (zero inch) lip. Unless otherwise indicated on plans. remove a 2'wide by 13" deep section of pavement (asphalt, concrete, base) along the edge of existing gutter, re-compact base or sub-grade and repave with ll" thick asphalt concrete pavement to 2" below edge of gutter to allow for 2" asphalt concrete pavement overlay to be flush with edge of gutter. The proposed curb (handicap access) ramps shown on plans are diagrammatical. The City shall mark the limit of work in the field for each street comer involved, and the Contractor shall field measure (verify) the required work to complete the proposed concrete curb ramp construction including but not limited to the cost for removal, disposal and relocation of the existing sidewalk curb pipes, utility, traffic/street related poles and boxes. The cost of the truncated dome, depressed gutter and all the above work for proposed curb ramp shall be included in the curb ramp unit bid price and no extra compensation will be paid to the Contractor. B-15.03 Truncated Domes - Curb ramp and walkway detectable warning surface shall consist of raised truncated domes constructed or installed on curb ramps or walkways according to the Revised Caltrans Standard Plan RSP A88A. Per the Contract Plans, the detectable warning surface shall be prefabricated, cast-in-place and/or glue down on the surface of the curb ramp or walkway. The color of the detectable warning surface shall be yellow conforming to Federal Standard 5958. ColorNo. 33538. Prefabricated detectable warning surface shall be in conformance with the requirements established by the Department of General Services, Division of State Architect and be attached in conformance with the manufacturer's recommendations. Cast-in-place and/or glue down detectable warning surfaces shall be painted in conformance with the provisions in Section 59-6, "Painting Concrete," of the Caltrans Standard Specifications. The finished surfaces of the detectable warning surface shall be free from blemishes. The cost of installing truncated domes on concrete walkways and existing concrete curb ramps shall be paid by the bid item unit price. The cost of installing truncated domes on proposed concrete curb ramp shall be included in concrete curb ramp bid item unit price and no extra compensation will be paid to the Contractor. The manufacturer shall provide a written S-year warranty for prefabricated detectable warning surfaces, guaranteeing replacement when there is defect in the dome shape, color fastness, sound-on-cane acoustic quality, resilience, or attachment. The warranty period shall begin upon acceptance ofthe contract. 8-15.04 Concrete Sidewalk - The 3.5" thick concrete sidewalk and walkway shall be constructed according to the City of Vernon Standard Plan No. PV582. Sawcut and remove existing concrete, asphalt concrete, and/or soil to nearest score line. Sidewalk shall be measured cs-0534 11 of36 EXHIBIT B -SPECIAL PROVISIONS and paid under the concrete sidewalk unit bid item including subgrade preparations, forming, finishing, and all incidentals. B-15.05 Concrete Curb and Gutter- Concrete curb & gutter shall be constructed according to the plans and City of Vernon Standard Plan No. PV582 including 6" thick Crushed Miscellaneous base (CMB). The concrete curb face shall be 8" to 10' high and the gutter shall be 12" to 16" wide to join the existing. New concrete curb & gutter shall be doweled with #4 rebar into existing concrete curb & gutter when length is less than 25'. Unless otherwise indicated on plans, remove a 2'wide by l3" deep section of pavement (asphalt, concrete, base) along the edge of existing gutter, re-compact base or sub-grade and repave with ll" thick asphalt concrete pavement to 2" below edge of gutter to allow for 2" asphalt concrete pavement overlay to be flush with edge of gutter. The cost for the removal & repaving of the 2'wide asphalt pavement depth along the removed concrete curb or gutter for forming shall be included in the various bid items and no extra compensation will be paid to the Contractor. See Section B-15.09, Concrete Cap on Existing Gutter for specifications on new concrete cap on existing gutter. B-15.06 Concrete Drivewa), - The proposed concrete driveways shall be constructed according to the City of Vernon Standard Plan No. PV693. New concrete driveway should be doweled with #4 rebar into existing at 12" O.C. when length is less than 25' or when plans specify the construction of the driveway in two pieces. Unless otherwise indicated on plans, remove a 2' wide by 13" deep section of pavement (asphalt, concrete, base) along the edge of existing gutter, re-compact base or sub-grade and repave with I l" thick asphalt concrete pavement to 2" below edge of gutterto allow for 2" asphalt concrete pavement overlay to be flush with edge of gutter. 5' long sidewalk adjacent to both sides of new driveway shall be constructed as 8" thick sidewalk and shall be paid by square feet as a driveway bid item. AII new concrete driveways shall be covered with steel plates to provide continuous access for vehicular crossing after removal of existing driveways and during curing of new concrete with no cost to the City. B-15.07 High Early Strength Concrete - AII work associated with the high early strength concrete shall be during the times described in Section 8-2.03. Construction Hours of these specifications. l0" thick, high early strength concrete with wire mesh (4" opening and placed at 4" below surface) shall be used for the construction of the concrete pavement approaches at the following streets: (l) Slauson Avenue westbound approach at Boyle Avenue. (2) Slauson Avenue westbound and eastbound approaches at Alcoa. (3) Slauson Avenue eastbound approach at Downey Road. (4) Slauson Driveways per plans. Each approach shall be completed one-half at a time and shall be completed on consecutive weekends leaving one travel lane open at all times. Material shall be Portland Cement Type Il. Curing rate shall be 3,000 psi at24 hours and 5,000 psi at 28 days. Slump shall be 4" to 5". Design mix shall conform to the following specifications. cs-0534 12 of 36 Material Weight per Cubic Yard Absolute Volume per Cubic Yard Cement Type II 846 Lbs 4.32 Cuft Assresate Ratios: l" Rock,48olo 1387 Lbs 8.39 Cuft 3/8" Rock, l0%o 288 Lbs 1.75 Cuft #l Sand,42%o 1.200 Lbs 7.34 Cuft Admixtures: Polyheed 76.1Fl.Oz Polarset 101.5 Fl.Oz Allowable water 299.88 Lbs 36 Gallons/4.81 Cuft Total 4020 Lbs 27 Cuft. Unit weisht 148.9 Pcf EXHIBIT B -SPECIAL PROVISIONS Prior to construction, Contractor shall submit a concrete mix design and a laboratory test result of a Trial Batch for 3000 psi at24 hours to the City Engineer for approval. The cost of testing a Trial Batch must be included in the various bid items, and no extra compensation will be paid to the Contractor. High Early Strength Concrete Pavement Slab shall be placed by the use of a tube roller self-propelled paving machine. The paving machine and related apparatus shall be approved by the City Engineer prior to the start of the operation. In the event of uneven pavement, concrete edges parallel and perpendicular to the direction of traffic shall be ramped with temporary asphalt concrete. The ramping shall be removed prior to paving. B-15.08 Concrete Joints and Keyways - Longitudinal joints shall coincide with traffic lanes unless otherwise approved by the City Engineer. Construction of keyways and tie bars shall be per the Standard Plans for Public Works Construction (SPPWC) Standard Plan No. 134-2 and placed at every cold joint in the concrete slab/pavement or as directed by the City Engineer. B-15.09 Concrete Cap on Existins Gutter - The concrete cap shall be class 650-E-3250 (3/8 aggregate). An adhesive bonding shall be placed over the existing concrete gutter (Sikadur-32 Hi Mod). Existing surface shall be wet before placement of the bonding agent. Placement of the concrete cap shall be done within one week before the 2" thick asphalt concrete overlay paving operations. B-16.01 Cold Central Plant Recycline (CCPR) - General - This work shall consist of Cold Central Plant Recycling (CCPR) of Reclaimed Asphalt Concrete (RAP), cold planing (milling) the existing asphalt concrete pavement to the length, depth and width as shown on the plans and placing the recycled asphalt back to the street as base course ready to receive the new asphalt concrete overlay. The RAP shall be clean, free of contamination of dirt, base, concrete or other deleterious materials. The stockpiled RAP shall be crushed and screened to a graded aggregate blend with 100% of the crushed RAP passing a l-inch sieve and fines (particles passing No. 200 sieve) at less than or equal to 5%. The properly graded RAP to be recycled shall then be blended cs-0534 13 of36 EXHIBIT B -SPECIAL PROVISIONS with an emulsified asphalt recycling agent, and other additives, as required by the CCPR Contractor's Mix Design, to produce a recycled asphalt concrete. This material shallthen be placed and compacted in accordance with the Plans and these Special Provisions and as directed by the City Engineer. B-16.02 CCPR Submittals - At the time of bid, the Contractor shall furnish the following information regarding the Cold Central Plant Recycling (CCPR) to the City Engineer. Approval of the Contractor or Subcontractor performing the CCPR is at the discretion of the City Engineer. l. Emulsion and emulsion supplier. Identification that the proposed recycling emulsion has been successfully used on at least five (5) other CCPR asphalt projects in California over the past three (3) years, including project name, agency/owner, project engineer, and construction dates. 2. Description and specification of the proposed CCPR recycling unit and support equipment, construction method, expected production rates, and planned sequence of construction. 3. The Contractor (or Subcontractor) shall have completed a minimum of three (3) CCPR asphalt projects in the last three (3) years. Submit project name, agency/owner, project engineer, and construction dates. 4. The CCPR recycling unit shall demonstrate the ability to crush and screen the RAP used in the CCPR process and remove pavement reinforcing fabric during the recycling process. 5. Verification the CCPR recycling unit meets the proportioning requirements of Califomia Test 109 and the applicable Air Quality Controldistrict permits. 6. Quality Control Plan. B-16.03 Just In Time Training - Attending a 2-hour minimum Just-ln-Time Training (JITT) shall be mandatory, and consist of a formal joint training class on cold recycled asphalt materials, required special equipment, placement and compaction methods, quality control and inspection. Construction operations for cold recycling shall not begin until the Contractor's and the City's personnel have completed the JITT. The JITT class shall be conducted for not less than 2 hours on cold recycling operations and recycled paving techniques. The training class shall be conducted at a project field location convenient for both the Contractor and the City. The JITT class shall be completed not more thanT days prior to the start of cold recycling operations, but ideally, the JITT class will be held immediately prior to the first day's production run. The class shall be held during normal working hours. The Contractor shall provide the JITT instructor. The instructor shall be experienced in the construction methods, materials, and test methods associated with construction of cold recycle asphalt projects. A copy of the course syllabus, handouts, and presentation material shall be submitted to the City Engineer at least 7 days before the day of the training. The Contractor and the City Engineer shall mutually agree to the course instructor, course content, and training site. Just-ln-Time Training shall not relieve the Contractor of responsibility under the contract for the successful completion of the work in conformance with the requirements of the plans and specifications. 8-16.04 Contractor Responsibility - The Contractor shall be responsible for the final product and shall make any quality control, adjustments and corrections necessara 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 cs-0534 '14 of 36 EXHIBIT B -SPECIAL PROVISIONS subcontractors, technicians and workers to ensure that the milling, transporting, 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 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. B-16.05 Mix Desigtr - The Contractor shall submit a mix design to the City Engineer at least l4 calendar days prior to beginning the recycling operation. The mix design is for informational purposes only and shall be in accordance with the "Method of Test for Determining the Percent of Emulsified Recycling Agent to Use for Cold Recycling of Asphalt Concrete" below using representative samples of the asphalt concrete to be recycled obtained directly from streets for this project. Based on the characteristics of the existing asphalt pavement taken from different streets, more than one mix design may be required. The mix design shall be certified by a licensed Civil Engineer experienced in cold recycled pavements. The job mix formula shall meet the criteria of Table l: Recycling Mix Requirements and be approved by the City Engineer. Table R Mix nts Desim Parameters Requirement Gradation of Reclaimed Asphalt Pavement (RAP): CT 202 l-inch maximum <57o passing No. 200 Asphalt Content of RAP: CT 362 or CT 379 or ASTM D 2172 Method B Report Bulk Specific Cravity of Compacted Samples u' o: CT 308, Method C Report Specific Gravity CT 309, includingMaximum Theoretical provisions of Section J D Report Air Voids of Compacted and Cured Specimens ": CT 367 Part B Report Marshall Stability, (min) Cured Specimen ": AASHTO T 245 104 OF 1250 tb Marshall Retained Stability, AASHTO T 245, 104 "F based on Moisture Conditioning on Cured Specimen (minl b''Too d Ratio of Emulsion Residue to Cement (min)3:l Raveling Test of Cold 7196,50 oF (max) Mixed Bituminous Emulsion, ASTM D 7.0 RAP Coating Test, ASSHTO T59", (min)Good Notes: u 4-inch diameter mold compaction based on either 75 blow Marshall on each side or gyratory compactor at 30 gyrations. b Test specimens after l40oF curing to constant weight between l6 hours and 48 hours. " Vacuum saturation from 55 percent to 75 percent. Water bath at77 "F for 23 hours. with the last 30 minutes to 40 minutes in 104'F water bath. d The Marshal Retained Stability ratio may be reduced to600/o, providing the saturated Marshall Stability is at least 1500 lbs. " Modifl ASSHTO T59 using jobsite RAP, emulsified recycling agent and water application rates that have been determined in the CCPR mix design and submitted in job mix flormula. During the mix design, the Contractor shall determine the target values for penetration at 25oC and viscosity at 60oC of the emulsified recycling agent to be used in production of the recycled cs-0534 15 of 36 I EXHIBIT B -SPECIAL PROVISIONS pavement mixture. METHOD OF TEST FOR DETERMINING THE PERCENT OF EMULSIFIED RECYCLING AGENT TO USE FOR COLD RECYCLING OF ASPHALT CONCRETE 1. Scope: This procedure is used to determine the percent and grade of emulsified recycling agent to use for recycling asphalt concrete when the cold method of recycling is used. 2. Cold Mix Requirement: The recycled pavement mixture shall conform to the Mix Design Requirements as outlined in Table l. 3. Sampling and Processing of Existing Pavement Materials: Obtain sufficient RAP samples by coring areas to be recycled, approximately 400 lbs, to be used for mix design purposes. [t is recommended to take one core for each lane mile and where visual differences in the pavement are noticed. If cores show significant differences in various areas, such as different type or thickness of layers between cores, then separate mix designs shall be performed for each of the pavement segments. Cut cores to the depth specified for the cold recycling project. Determine asphalt content of the RAP according to CT362 or CT379 or ASTM D2172 Method B. Perf,orm two mix designs, one for each grading, by recombining the RAP material in the laboratory in order to meet the gradation criteria shown in Table 2. Table 2: Cold ing Gradation Sieve Size Suggested Tarset Medium Gradation Coarse gradation 25-mm (1"100 100 19-mm (3/a")95+2 85+2 4.75-mm (No.4)50+2 40+2 600-pm (No.30)t0+2 5+2 75-pm (No.200)0.8 + 0.3 0.3 + 0.3 Determine gradation of the RAP after crushing and recombining by Califomia Test CT 202 with the exception that drying of RAP samples to constant mass shall be performed at 104+4oF. 4. Mixing: Determine the amount that will produce a2.4-inch to 2.6-inch tall specimen when compacting 4-inch diameter specimens with either the Marshall compactor based on 75 blows on each side or the gyratory compactor at 30 gyrations for stabilify testing. Choose three emulsion contents that bracket the estimated recommended emulsion content for all stability testing outlined in Table l. Select three emulsion contents in either 0.5o/o or 1.0%o increments covering a range typically between 0.5o/o and 4.0%by dry weight of RAP. Compact 6 samples at each emulsion content for stability testing, 3 for Marshall stability on cured samples and 3 for Marshall stability on cured samples for moisture conditioning. Two specimens are required for Theoretical Maximum Specific cs-0534 16 of 36 6. EXHIBIT B -SPECIAL PROVISIONS Gravity according to CT309, Section J, with the exception that loose RAP mixture shall by cured in an oven at 140!2"F to constant weight but no more than 48 hours and no less than l6 hours. Constant weight is defined as 0.05% change in weight in 2 hours. Do not break any agglomerates that do not easily reduce with a flexible spatula. Test both specimens at the highest emulsion content in the design and back calculate for the lower emulsion contents. Add moisture that is expected to be added at the milling head, typically 1.5 to 3.0 percent. If any additives are in the mixture, introduce the additives in a similar manner that they will be added during field production. Mixing of test specimens shall be performed manually or with a mechanical bucket mixer or a combination of the two. Mix the RAP thoroughly with water first, then mix with emulsion. Mix at room temperature of 77+4"F. One specimen shall be mixed at a time. Mixing time with emulsion should not exceed 60 seconds. 5. Compaction: Compact specimens after mixing. Compact specimens at room temperature of 77+4"F. Compact specimens with a Marshall compactor by applying 75 blows per side for stability testing using 4-inch molds or with a gyratory compactor at 30 gyrations for stability testing using 4-inch molds. Do not heat molds or Marshall compaction hammer. If paper disks are used, place paper disks on the top and bottom of the specimen before compaction and remove paper disks from specimens immediately after compaction. Curing after Compaction: Extrude specimens from molds after compaction without damaging the samples. Carefully remove paper disks if used. Place specimens in 140+2'F forced draft oven with ventilation on sides and top. Place each specimen in a small container to account for material loss from the specimens. Cure compacted specimens at 140+2"F to constant weight but no more than 48 hours and no less than l6 hours. Constant weight is defined as 0.05% change in weight in 2 hours. After curing, cool specimens at ambient temperature a minimum of l2 hours and a maximum of 24 hours. Perform same oven conditioning and volumetric measurements on moisture- conditioned specimens as on other specimens. Perform moisture conditioning on 3 compacted samples at each emulsion content by applying a vacuum of 254 to 660 mm of Hg partial pressure for a time duration required to vacuum saturate samples to 55 to 75 percent. Saturation calculation shall be calculated by comparing saturated surface dry mass with dry mass in air determined. Soak moisture conditioned samples in a 77fl"F water bath for 23+l hours, followed by a 30 to 40 min soak at 104+2"F. Measurements: Determine asphalt content of the RAP material to be recycled according to CT362 or CT379 or ASTM D 2172 Method B. Determine bulk specific gravity of each compacted, cured and cooled specimen according to CT308, Method C. Determine specimen heights according to CT308 Section D2e. Altematively, the height can be obtained from the SGC readout if the gyratory compactor is used. Determine maximum theoretical specific gravity, CT309, Section J, with the exception detailed in Section 4 of this document. Determine air voids of the compacted and oven-cured samples at each emulsion content according to CT367 Part B. Determine corrected Marshall stability by AASHTO T245 at 104+2"F after 2-hour temperature conditioning in a forced draft oven or by immersing in water bath for 30 to 40 minutes. This testing 7. cs-0534 '17 of 36 EXHIBIT B -SPECIAL PROVISIONS shall be performed at the same time that the moisture-conditioned specimens are tested. Determine Marshall Retained Stability. The average moisture conditioned specimen strength divided by the average dry specimen strength is referred to as retained stability. 8. Emulsion Content Selection: Choose the design emulsion content that optimizes the performance of the recycled asphalt concrete and meets the requirements listed in Table l. 9. Raveling Test on Recycled Asphalt Specimens: Determine raveling potential on recycled asphalt specimens in accordance with ASTM D 7196. 10. Report: The mix design report shall contain the following minimum information: gradation of RAP, RAP asphalt content, recommended water content range as a percentage of dry RAP, optimum emulsion content as a percentage of dry RAP, amount of additive as a percentage of dry RAP, ratio of emulsion residue to cement, and corresponding density, air void level, Marshall stability, retained stability, compaction method used to determine any reported stability, and raveling at recommended moisture and emulsion contents. lnclude the emulsion and additive designation, company name and location; and residue content; and the additive designation, company name and location; and certificates of compliance for both. B-17.00 Materials 8-17.01 Emulsified Recycline Agent - The type of recycling emulsion to be used shall be determined by the mix design. The recycling emulsion supplier shall designate a technician, knowledgeable and experienced in CIR and CCPR and approved by the City Engineer who shall be at the job site at the beginning of the project to monitor the characteristics and performance of the recycling emulsion. Throughout the job the Contractor's designated technician will be available to check on the project and make adjustments to the recycling emulsion formulation as required, to insure the emulsion and recycled pavement perform per these specifications. The Emulsified recycling agent shall be a polymer modified rejuvenating emulsion with a latex polymer, rejuvenating agent and asphalt and shall conform to the following requirements: Table 3: Tr Emulsionests on lrements Tests on Emulsion Test Method Requirement Minimum Maximum Sieve test, % of weight sample AASHTO T59(,)0.1 Residue bv distillation. %AASHTO T59(,,60 67 RAP Coatins Test AASHTO T59\,)Good Tests on residue bv distillation: Penetration, 25"C, 100g, 5s (Tareet Value) (3) AASHTO T49\"'+l- 25yo Absolute ViscosiW at 60"C. poise AASHTO T2I7I\*)Report Only cs-0534 '18 of 36 EXHIBIT B -SPECIAL PROVISIONS Modifi AASHTO T59 - distillation temperature of 177"C with a 20 minute hold. Mix emulsion recycling agent and water rates sha.ll be determined by the mix design and with jobsite RAP. Target value shall be determined by the mix design. Sieve residue from distillation on #20 sieve prior to determining viscosity. The latex polymer shall be PA-AS- | or approved equal, a product of Polymer Science of America and conform to the following requirements: Table 4: Tests on Latex Pol tS Test on Latex Polymer Test Method Reouirement Specific Gravity Min.ASTM 1475 1.08 Tensile strength, die C dumbbell, psi, minimum ASTM D4I2I 500 Swelling in rejuvenating agent, % maximum; 48 hours exposure @ 104"F ASTM D4711') Modified 40% intact film (l) Tensile Strength Determination: Samples for testing for tensile strength in accordance with ASTM D4l2 shall be cut using a die dumbbell at a crosshead speed of 20 in/min. (2) Latex Testing: Suitable substrate for film formation shall be polyethylene boards, silicone rubber sheeting, glass, or any substrate which produces a cured film of uniform cross-section. Polymer film shall be prepared from latex as follows: Resistance to Swelling: Polymer films shall be formed by using a 50 mil drawdown bar and drawing down 50 mils of the latex on polyethylene boards. Films shall be cured for l4 days at 75"F and 50Yo humidity. Samples for resistance to swelling in rejuvenating agent shall be 1" by 2" rectangles cut from the cured film. Cut at least 3 specimens for each sample to be tested for swelling. Fill 3- 8 oz ointment tins with at least a '/2" deep of rejuvenating agent. Swelling samples shall be weighed and then placed in the ointment tins on top of the rejuvenating agent. Then, add at least another Vz" deep of rejuvenating agent over each of the latex samples. The ointment tins shall be covered and placed in an oven at 104'F forthe specified 48 hours +l- 15 minutes. The ointment tins are allowed to cool to 75oF and then the latex films are removed from the tins. Unabsorbed rejuvenating agent is removed from the intact latex film by scraping with a rubber policeman and blotting with paper towels. If the latex film does not remain intact during removal from the tins or while removing the unabsorbed rejuvenating agent the sample shall be rejected. After the rejuvenating agent is removed from the samples they are then weighed. Percent swelling is reported as weight increase of the polymer film; report mass increase as a percent by weight of the original latex film mass upon exposure of films to the recycling agent. Table 5: Tests on Rejuvenating Agent Requirements Test on Rejuvenating Agent Test Method Requirement Viscosity, 140F, CST ASTM D-2170 50- I 75 Note: I 2 J 4 cs-0534 19 of 36 EXHIBIT B -SPECIAL PROVISIONS Flash Point, F, COC ASTM D-92 380 Min. Saturate, Yoby wt.ASTM D2OO6-70 30 Max Asphaltenes ASTM D2OO6-70 1.0 Max. Test on Residue ASTM D2872 Weight Change,o/o ASTM D2872 6.5 Max. Viscosity Ratio (RTFO/Original)ASTM D2I7O 3 Max The Contractor shall provide current test results and a Certificate of Compliance for emulsified recycling agent at the time of mix design submittal and for each load delivered to the jobsite. During cold in-place recycling operations, the Contractor shall obtain two I -liter samples of emulsified recycling agent from each load delivered to the project. One sample shall be used for the Contractor's quality control testing. The remaining samples shall be delivered to the City Engineer at the end of each working day. Emulsified recycling agent shall be sampled in plastic containers that are clean. dry, and properly sealed. The Contractor shall also "sieve test" each load of emulsion before accepting delivery. Any load which does not pass the sieve test shall be refused and not incorporated into the work. B-17.02 Crushed RAP - The stockpiled RAP shall be crushed and screened as necessary to conform to the following gradation prior to the addition of the emulsified recycling agent: Sieve Size Percentage Passing I -lnch 200 Rubberized crack filler, pavement markers, loop wires, thermoplastic markers, fabric and other like materials that may be incorporated into the RAP as it is removed from the roadway shall be removed by the screening process. A minor amount of these residual materials that cannot be completely removed from the processed RAP may be incorporated into the recycled mix if the Contractor can demonstrate that those added materials will not adversely affect the performance of the recycled asphalt pavement. Any such materials retained in the mix shall be appropriately sized and blended so as not to adversely affect the appearance or strength of the recycled pavement. Crushed and screened RAP shall not be stockpiled for longerthan l0 days or in stockpiles greater than l5 feet in height that may, through the weight of the stockpile, reconsolidate the crushed and screened RAP. Water shall be added to the RAP as it is screened and crushed to abate dust and mitigate reconsolidation. B-17.03 Water - Water may be added to facilitate the uniform mixing of the emulsified recycling agent and the processed RAP. Water added to the recycled asphalt concrete shall be potable, clean and free from deleterious concentrations of acids, alkalis, salts. sugar and other organic or chemical substances. The water shall not contain an amount of impurities that will cause a reduction in the strength of the recycled asphalt concrete. If the water is of questionable quality, it shall be tested in 100 <5 20 of 36 EXHIBIT B -SPECIAL PROVISIONS accordance with AASHTO T26. B-17.04 Additives - If necessary other additives such as cement or lime, in a dry or slurry form may be added to the recycled pavement mixture to meet the requirements of Table I and to aid in curing and early strength gain. Any recycling additives used including type, source and percentage used shall be described in the job mix formula submittal. lnclude the process for incorporating a recycling additive into the CCPR mixture in the job mix formula submittal. B- I 8.00 Construction Methods B-18.01 Weather Limitations - Recycling and placement operations shall not be performed during wet conditions or if rain or cold conditions (less than 45'F) are imminent or predicted to exist at any time. "lmminent or predicted" is defined as being forecasted within a 48-hour period on the National Weather Service Web Site http://www.wrh.noaa.eov for the most representative and nearest location listed where recycling is to begin and end. Recycling and placement operations shall not be performed unless the ambient temperature is a minimum of 45'F and unless the National Weather Service Web Site forecasts that the ambient temperature will be a minimum of 60'F within 3 hours after the start of placement operations and will remain above 60"F throughout the recycling operation until all initial compaction and protection efforts have been completed for that day's run. Recycling mixing operations shall be ceased if actual ambient temperatures drop below 60oF any time after the initial 3-hour window following start-up. In the event CCPR pavement is placed and weather conditions deteriorate soon after, it is then a requirement that all traffic stay off the recycled mat until weather conditions improve (temperature rises and humidity drops) and the recycled section has "cured" sufficiently for secondary compaction to take place in accordance with the Cure and Maintenance requirements of this specification. The Contractorwill be responsible for maintaining and protecting the recycled surface. Any recycled asphalt surfacing damaged by inclement weather shall be replaced by the Contractor at the Contractor's expense as directed by the City Engineer. B-18.02 Full Depth Asphalt Removal- Shall be in accordance with Section 300-l of the Standard Specifications. Contractor shall remove entire asphalt section without disturbing or introducing any subgrade materials to the asphalt millings. Asphalt shall be removed separately from the removals of base or native materials as to not contaminate the asphalt millings. B-18.03 Subgrade and Surface Preparation - Prior to placing recycled pavement the subgrade soils/base shall be properly prepared, moisture treated and compacted to a minimum of 95 percent relative compaction based upon ASTM D 1557 so as to create an evenly graded, unyielding surface. If the recycled pavement is to be placed on an existing milled pavement surface it shall be verified that the milled surface is firm and unyielding and there are no subgrade failure areas beneath the milled surface that might compromise the integrity of the recycled pavement. When CCPR pavement is placed on a milled surface or adjacent to structures such as curbs, concrete gutters, swales, planters, etc... these contact surfaces shall be swept of all loose material to create a dry clean surFace. A tack coat of SS-l h emulsion, emulsified recycling agent or equivalent (0.05 gallon per square yard minimum) shall be applied to all surface areas prior to placing the recycled cs-0534 21 of 36 EXHIBIT B -SPECIAL PROVISIONS pavement. CCPR pavement is not recommended as a direct overlay on existing asphalt pavement without first milling the underlying pavement to aid in bonding and to prevent slippage. Successive layers of recycled pavement may be paved without milling but requires that each layer be fully cured and compacted before placing the overlay section. See "Placement" in these specifications. B-18.04 Mixing and Proportioning - The recycled material shall be processed through a material sizing unit having screening and crushing capabilities to reduce the RAP to the maximum size of l- inch without producing "fines" passing the No. 200 sieve in excess of 5o/o prior to mixing with the emulsifi ed recyc ling agent. After crushing and sizing, the recycled material shall be processed in a mixing unit capable of processing the sized RAP, emulsified recycling agent, water and any additives to a homogeneous mixture to produce recycled asphalt concrete. The mixing unit shall be equipped with a belt scale for the continuous weighing of the RAP and a coupled/interlocked computer-controlled liquid metering device. The mixing unit shall be an on-board completely self-contained counter rotating twin shaft pugmill appropriately rated by the manufacturer for the production levels used by the Contractor. The liquid metering device shall be capable of automatically adjusting the flow of emulsified recycling agent to compensate for any variation in the weight of the RAP introduced into the pugmill. Emulsified recycling agent shall be metered by weight of RAP using a mass flow, coriolis effect, type meter that will accurately measure the amount of emulsified recycling agent to within 0.5 percent of the amount required by the mix design or as adjusted in the field and approved by the City Engineer. Other additives, including water as required, shall be controlled and metered using the weight of the RAP introduced into the pugmill. Additives may be introduced volumetrically or by weight per the mix design. The CCPR Contractor shall calibrate and verify the accuracy of the recycle plant not less than five days before recycle operations are to begin. Automatic digital readings shall be displayed for both the flow rate and total amount of RAP, emulsified recycling agent, and additives in appropriate units of weight and time. The emulsified recycling agent, additives and water shall be incorporated into the graded RAP at the initial rate determined by the mix design and approved by the City Engineer. The total water content shall include that amount present in the stockpile and additional mixing water at the pugmill if required. Adjustments in the rate of emulsified recycling agent, additives and water shall be determined by the Qualified Technician and made as necessary based on the coating, compaction and breaking properties of the recycling emulsion. Sampling variations and mix design may determine the necessity of different levels of emulsified recycling agent and/or additives in various sections of the project. When a paving fabric is encountered during the cold planing operation, the CCPR Contractor shall make the necessary changes in equipment or operations so that incorporation of the shredded fabric in the recycled material does not affect the performance parameters of the recycled asphalt concrete, or inhibit placing or compaction of the CCPR pavement. No fabric piece incorporated into the recycled section shall have any dimension exceeding a length of 2-inches. The Contractor shall be required to remove and properly dispose of oversized pieces of paving fabric as directed by the City Engineer. Similarly, loop wires, pavement markers, rubberized crack fill materials, thermoplastic marking materials, milled concrete, and other materials that may be incorporated into the RAP through the milling process shall be removed from the recycled material unless the Contractor can cs-0534 22 ot36 EXHIBIT B -SPECIAL PROVISIONS demonstrate that minor amounts of residual materials that remain will not compromise the integity of the recycled asphalt. B-18.05 Transpoftation - Trucks with smooth clean beds shall be used to haulthe recycled asphalt concrete mixture to the placement area. The loaded trucks shall deliver the blended material into the paver within I hour of mixing or before the emulsion begins to break and set, whichever time is earlier. B-18.06 Placement - Recycled pavement shall be spread using a self-propelled paver having electronic grade and cross slope control for the screed. The equipment shall be of sufficient size and power (minimum l70hp) to spread the recycled material in one continuous pass, without segregation, to the lines and grades established by the City Engineer and according to Plans. Heating of the paver screed is not permitted. CCPR pavement shall be placed to the finished thickness as specified by the City Engineer. A single lift thickness shall be at a minimum compacted depth of 2-inches and not exceed a maximum compacted depth of 4-inches. Before placing any additional lifts, the recycled surface shall be allowed to cure until the moisture of the material is reduced to 2.0 percent or less or has remained in place for a minimum of l0 days without rainfall upon the City Engineer's approval. Compaction of the first layer, and any subsequent layers to be overlaid shall be performed and verified per the Compaction and Cure and Maintenance requirements of this specification. Prior to installing any additional lifts, contact surfaces shall be carefully swept of all loose material to create a dry clean surface. A tack coat of emulsified recycling agent or equivalent (0.05 gallon per square yard minimum) shall be applied to all surlace areas prior to placing any additional lifts. When a pick-up machine is used for transferring the recycled material from a windrow to the receiving hopper of the paver, the pick-up machine shall be capable of removing and transferring the entire windrow of recycled mix in a single pass. Handwork of CCPR pavement shall be minimized and care shall be taken to prevent segregation. The wings of the paver shall be emptied regularly to prevent buildup and to minimize segregation. B-18.07 Compaction - Compacting the recycled mix shall be completed using self-propelled rollers, with properly operating scrapers, and water spray systems. Rollers of the vibratory-steel drum and pneumatic tired type shall be used. They shall be in good condition, capable of operating at slow speeds to avoid displacement ofthe mixture. Compaction operations shall start no more than l5 minutes behind the paver, unless the ambient temperature is below 60 deg F. For each 5 deg below 60 deg F another l0 minutes can elapse before rolling begins, or at the direction of the Qualified Technician and/or Engineer. The number, weight and types of rollers shall be as necessary to obtain the required compaction. At a minimum the following rollers shall be used: o At least one pneumatic roller with a minimum gross operating weight of not less than 25 tons. o Tires on the pneumatic rollers shall be evenly inflated and matched in size and profile so as to maximize compactive effort. cs-0534 23 of 36 EXHIBIT B -SPECIAL PROVISIONS . At least one double drum steel vibratory roller with a gross operating weight of not less than l0 tons with a minimum drum diameter of at least 60-inches. Rolling pattems shall be established in the field by the Contractor and verified by the City Engineer to achieve a maximum density determined by nuclear density testing. A rolling pattern for compaction shall be determined such that no increase in density is shown on successive nuclear density tests (per ASTM D 2950) for any additional passes of the compaction equipment once the maximum density pattern has been identified ("break over point"). Nuclear density testing shall be repeated throughout the time compaction is being completed to continuously verify the compaction is achieving maximum density results by establishing a rolling vs. density chart that shows the progress of densification from initial breakdown compaction through maximum obtainable density at the break over point. Care shall be taken not to over compact the mat. A Qualified Technician shall be on site and observing all compaction efforts, monitoring density gauge readings, and approving areas as they reach maximum density. The minimum rolling pattem shallbe as follows: o Two complete coverages with the double drum steel vibratory roller immediately after the recycled mix is placed. The first coverage shall be made without the vibratory unit turned on and the second with the vibratory unit operating. o Two complete coverages with the pneumatic-tired roller shall be made after the initial passes of the steelroller. o Final rolling, before cure, to eliminate pneumatic tire marks and to achieve maximum density shall be done by the double drum steel roller, either operating in a static or vibratory mode. The recycled mat shall be continuously observed during compaction efforts. If moisture cracking occurs under the vibratory compaction mode, the vibrators shall be tumed offand static rolling only applied. If moisture cracking of the mat continues under static steel rolling, steel drum compaction shall cease, the mat shall be allowed to cure for a time in order for some moisture to escape, and pneumatic rolling commenced, followed by steel rolling to iron out irregularities from the rubber- tired roller(s). This procedure shall be followed until there is no longer any displacement of the mat observed by roller action on the recycled surface. The selected rolling pattem shall be followed unless changes in the recycled mix or placement conditions occur and a new rolling pattem is established at that time. Any type of rolling that causes cracking, major displacement and/or any other type of pavement distress shall be discontinued until such time as the problem can be resolved. Discontinuation and commencement of rolling operations shall be at the discretion of the City Engineer. Extra care shall be taken to ensure that aggregate from the recycled mixture does not stick to the drums or wheels of the rollers. Water shall be uniformly applied to the wheels and drums, along with mechanical means to keep aggregate from sticking. Sufficient water shall be applied to keep rollers and tires clean, but not so much that water pools or ponds on the recycled surface. Rollers shall not be started or stopped on uncompacted recycled material. Rolling pattems shall be established so that starting and stopping shall be on previously compacted material or the adjacent, cs-0534 24 of 36 EXHIBIT B -SPECIAL PROVISIONS existing surfacing. B-18.08 Cure and Maintenance - After the completion of compaction of the recycled material, no traffic, including that of the Contractor, shall be permitted on the recycled material for at least two hours. This may be reduced if sufficient care is established for traffic that will not initiate raveling. A fog seal of dilute (l:l) SS-lh emulsion, emulsified recycling agent or equivalent (0.08 to 0.12 gallon per square yard) may need to be applied after initial compaction or after the secondary compaction, as outlined below, to all areas opened to significant traffic depending on curing of the CCPR pavement. If necessary to prevent pickup of the fog seal, the recycled pavement surface shall be covered with sand at a rate of 1.0 to 2.0 pounds per square yard. Excess sand shall be removed from the pavement surlace by careful sweeping. Sand shall be free from clay or organic material. Fog sealing and/or sanding shall be initiated at the City Engineer's direction. All longitudinal and perpendicular edges shall be ramped with temporary asphalt before it is opened to traffic so there are no drop-offs. After opening to traffic, the surface of the recycled pavement shall be maintained in a condition suitable for the safe movement of traffic. Before placing the final surfacing, the recycled surface shall remain in-place: o For a minimum of 2 days and until there is less than 2.0 percent moisture remaining in the recycled pavement mixture; or o A minimum of l0 days without rainfall. B-18.09 Secondary Compaction - Two complete coverages (minimum), after cure and before placing any AC overlay or other surface seal shall be conducted with the pneumatic and steel drum roller. A rolling pattern shall be reestablished to determine the maximum density of final rolling. Density of the recycled pavement shall be verified behind the secondary compaction by nuclear density gauge. A rolling pattern for the secondary compaction shall be determined such that no increase in density is shown on successive nuclear density tests (per ASTM D 2950) for any additional passes of the compaction equipment once the maximum density paffem has been identified. Nuclear density testing shall be repeated throughout the time secondary compaction is being completed to continuously verify that the secondary compaction is achieving maximum density results. Care shall be taken not to over compact the mat. A Qualified Technician shall be on site and observing all secondary compaction efforts, monitoring density gauge readings, and approving areas as they reach maximum density. The Contractor shall protect and maintain the recycled surface from nuisance water, other deleterious substances, and/or any other damage. Any damage to the completed recycled material shall be repaired by the Contractor prior to the placement of new asphalt concrete or final surface sealing. Areas damaged shall be excavated to the depth directed by the City Engineer and/or filled and compacted with new asphalt concrete. All loose particles that may develop on the pavement surface shall be removed prior to the final surface course. No direct payment will be made and costs shall be included elsewhere for protection and maintenance of the recycled asphalt concrete pavement. Prior to any overlay with asphalt concrete, the recycled pavement should be carefully swept of all loose material to create a dry clean surface. A tack coat of SS-lh emulsion, emulsified recycling cs-0534 25 of 36 EXHIBIT B -SPECIAL PROVISIONS agent or equivalent (0.05 gallon per square yard minimum) shall be applied to all surface areas. B-18.10 Smoothness - The finished surface and grade of the recycled material shall be checked regularly during placement using a level. The smoothness shall not vary more than tA inch from a l0-foot straight edge placed on the surface. The Contractor shall correct humps or depressions exceeding this tolerance. High points may be trimmed if approved by the City Engineer in the field. B-l 9.00 Material Acceptance B-19.01 Gradation - A sample shall be obtained for each 500 tons of RAP addition to verifr the maximum particle size requirement is being met. The first sample and every third sample thereafter shall be compared to the gradation band determined during the mix design by performing a wet field gradation for material passing the l-inch to No. 4 sieves. The CCPR Contractor shall adjust the emulsified recycling agent as needed. 8-19.02 Emulsified Recycling Agent - A Certificate of Compliance from the emulsion manufacturer shall accompany each shipment to the Project. The CCPR Contractor shall perlorm a sieve test in accordance with ASTM D 2444 to verifu the emulsion is stable prior to using each load. The Contractor shall obtain two l-quart minimum samples of emulsified recycling agent from each load delivered to the project. One sample shall be used for the Contractor's quality control testing. The remaining samples shall be delivered to the City Engineer at the end of each working day. Emulsified recycling agent shall be sampled in plastic containers that are clean, dry, and sealed. Each sample shall be labeled with the date and time sampled and the bill of lading number from the delivery vehicle. Emulsion samples shall be retained and protected from damage or contamination by the Contractor until the project is accepted. B-19.03 Emulsified Recycling Agent Content - Emulsion content shall be checked and recorded for each segment in which the percentage is changed. Emulsion content changes shall be made based upon if coating and adequate dispersion is not being achieved and if the mix design indicates the CCPR pavement will be stable. Emulsified recycling agent content shall be checked from the belt scale totalizer and asphalt pump totalizer, verified by the delivery weight tickets. B-19.04 Additives - A Certificate of Compliance from the additive manufacturer shall accompany each shipment to the Project. B-19.05 Additive Content - Additive content shall be checked and recorded for each segment in which the additive is used per the mix design. Additives shall be checked from the belt scale totalizer and verified by the delivery weight tickets. B-19.06 Recycled Material Compacted Density - Wet density shall be determined using a nuclear moisture-density gauge generally following the procedures for ASTM D 2950, backscatter measurement. A rolling pattem shall be established such that a maximum density is achieved with the rollers specified, based on relative nuclear density readings. B- I 9.07 Method of Measurement - Placement of the recycled asphalt concrete pavement shall be measured by the square yards placed and accepted by the City Engineer for the depths specified in cs-0534 26 of 36 EXHIBIT B -SPECIAL PROVISIONS these Specifications. Quantities of the produced CCPR pavement will be based on the belt scale readings from the CCPR Contractor's mixing unit plus the amount of emulsified recycling agent and additive(s) applied to and mixed with the processed RAP. Emulsified recycling agent and additive weight shall be based upon certified delivery weight tickets less any unused portion and shall be paid separately. Water used in this operation will not be paid for directly and shall be considered subsidiary to the bid item. 8-20.01 Payment - The unit price per square yard for full depth asphalt removal shall include full compensation for all labor, materials, tools, equipment, quality control, traffic control, for doing all work involved in removal and hauling of asphalt to the central plant, for separating the base and/or native soils from asphalt concrete mills, and for the removal and disposal of additional base and/or native soils to obtain depths as specified in these Specifications, and no additional compensation will be allowed therefore. Payment for subsurface and surface preparation and removal of excess base or native soils shall be considered as included in the contract price paid for full depth asphalt removal and shall include full compensation for all labor, materials, tools, equipment, quality control, traffic control, for doing all work, and no additional compensation will be allowed therefor. Payment for setting up central plant and removal/disposal of all excess RAP and cleaning up the site at the completion of project shall be considered as included in the contract price paid for Mobilization and Plant Setup and shall include full compensation for all labor, materials, tools, equipment, quality control, transportation, traffic control, for doing all work, and no additional compensation will be allowed therefor. The contract price paid per ton for CCPR shall include full compensation for all labor, materials, tools, equipment, quality control, JITT, and incidentals; for doing all the work involved in cold central plant recycling, complete in-place; for mixing, blending, hauling, placing, and compacting the recycled pavement mixture; for protection and maintenance of the recycled layer; for performing all QC testing including mix design; for fog sealing, sanding and sweeping if necessary; for obtaining measurements and recording results of all tests as directed by the City Engineer. Emulsified recycling agent will be paid for at the contract price per ton for emulsified recycling agent. No adjustment of compensation will be made for any increase or decrease in the quantities of emulsified recycling agent required, regardless of the reason for the increase or decrease. Additive will be paid foratthe contract price perton foradditive. No adjustmentof compensation will be made for any increase or decrease in the quantities of additive required, regardless of the reason for the increase or decrease. B-21.01 Use of City Lot for Cold Central Plant - The Contractor may use the City owned vacant lot (site) for the location of the Cold Central Plant. The site is located on the south east corner of Soto Street and 50th St. intersection, near the project site. The site is large enough to accommodate for temporary placing of a Cold Central Plant (approximately 100 feet by 150 feet) for gradation and mixing, area for stock piling cold recycled asphalt concrete material and area for transportation trucks staging as necessary. The temporary use of the site will be available to the contractor at no cost. cs-0534 27 ot36 EXHIBIT B -SPECIAL PROVISIONS Reclaimed Asphalt Pavement (RAP) cold planned from the local streets included in this project shall be hauled to the City designated property/parcel. At no time shall City owned RAP material leave the city limits. The RAP shallthen be Cold Central Plant Recycled in accordance with these specifications. Any RAP left over after processing the CCPR pavement for all the streets included in the project shall be hauled to an approved asphalt recycling facility. The cost associated with the work described in this section shall be included in the appropriate bid item(s) and no extra compensation will be paid to the Contractor. 8-22.01 New Asphalt Concrete Paving - Material - Asphalt concrete base paving material for this project shall be Class B-PG 70-10 per the Standard Specifications for Public Works Construction. The frnal2" CaplOverlay shall be Class C2 PG 70-10 with 2oh Latex Additive and per the specifications below. The asphalt concrete material shall include the following: (l ) Fractured faces of crushed rock shall conform to Standard Specifications 200-1.2. (2) Recycled Asphalt Concrete shall not be allowed in new asphalt concrete mix. (3) Minimum air void shall be 4"h per Standard Specifications203-6.4.3. The Contractor shall inform the City of the name and location of the asphalt plant that will furnish asphalt concrete to the job sites. The City will schedule plant inspection on paving days for quality control. The City will reject asphalt concrete load shipments from any other plants. The Contractor shall establish designated asphalt truck routes and staging areas and shall communicate these routes and areas to truck drivers prior to the arrival at the job site. The City shall approve this plan five (5) days prior to paving. The Contractor shall place diesel fuel on top of all manholes, valves and monument covers immediately before the final asphalt pavement overlay. Feather join edges shall be made along straight lines by hand raking out all heavy aggregates prior to rolling to produce a smooth uniform surface. Compacted edge along gutter shall be flush. No traffic shall be allowed on paved surfaces for a minimum of two hours after paving unless approved by the City. Contractor shall remove all tracked asphalt materials from concrete surfaces. No asphalt trucks shall utilize existing driveways for turn around. Paving operations at the end of each day or night shall leave no joints parallel to the direction of traffic. Joints perpendicular to the direction of traffic shall be ramped with temporary asphalt concrete. The ramping shall be removed prior to paving. Existing potholed asphalt concrete pavement and base thicknesses are shown on plans. 8-22.02 Latex Rubber Additive - This work shall consist of adding a 2o/o latex rubber additive to the asphalt concrete mix for the final 2" thick surface overlay shall be Class C2-PG 70-10 in accordance with the following provisions and the Standard Specifications for Public Works Construction, Section 203-10 "Latex Modified Asphalt Concrete": A. Latex rubber shall be water based emulsified suspension of Styrene/Butadiene CS-0534 28 of 36 EXHIBIT B -SPECIAL PROVISIONS Rubber in liquid form. B. Latex rubber, amountingto ZYo by weight of the asphalt cement, shall be added at the pug mill with the asphalt cement during the mixing cycle. C. The Contractor shall submit the mix design to the City Engineer for approval prior to use. D. Latex rubber may be added to the mixture in any method that will assure uniform distribution, accurate measurement of quantity of latex introduced. The latex shall be introduced to the mix at the same time as the introduction of asphalt. E. The wet mixing cycle shall be 50 seconds. Payment for Latex Rubber additive shall be included in the unit price for Asphalt Concrete Pavement with Latex and no extra compensation will be paid to the Contractor. 8-22.03 Tack Coat Application - A tack coat of SS- I h shall be applied at the rate of 0. l0 gallons per square yard to all uniform thickness cold planed areas, between lifts of cold recycled asphalt concrete pavement areas and frnal2" thick overlay pavement areas. The surface shall be free of water, foreign material, or dust when the tack coat is applied. A similar tack coat shall be applied to the surface of any course, if the surface is such that a satisfactory bond cannot be obtained between it and a succeeding course. The cost of furnishing and applying tack coat SS-lh must be included in the paving operation, and no extra compensation will be paid to the Contractor. The Contractor shall make all necessary efforts to minimize the tracking of the fresh oil on the existing improvements such as sidewalks, driveways, curb and gutters, private property, etc. Under no circumstance will the tack-coat truck spray the roadway more than 200 feet ahead of the paving machine. No trucks shall utilize existing driveways for turn around. All maneuvering shall take place on the streets. Contractor will be responsible for such cleaning and restoration. 8-22.04 Asphalt Concrete Pavement Reconstruction - Remove and dispose existing asphalt concrete pavement to a designated depth and re-compact top 6" of sub-grade to 95Yo relative compaction before constructing a new 8" thick Crushed Miscellaneous Base (CMB) and 7" thick asphalt concrete pavement base structure section with asphalt concrete Class B-PG 70-10. The final 2" thick asphalt concrete overlay shall be Class C2-PG 70-10 with added 2o/o latex rubber additive. 8-22.05 Field Testins - The top six inches (6") of sub-grade and crushed miscellaneous base material shall be compacted to a relative compaction of 95o/o, except under sidewalks, ramps and driveways where the sub-grade shall be compacted to a relative compaction of 90%o. All trenches and sub-grade below six inches (6") shall be compacted to a relative compaction of 90o/o. The asphalt concrete pavement compaction after rolling shall also be 95o/o. The City shall test for the field density of the compacted asphalt concrete by using a properly calibrated nuclear asphalt-testin g device. The Contractor shall notify the City 48 hours in advance when to schedule field relative CS-0534 29 of36 EXHIBIT B .SPECIAL PROVISIONS compaction tests. Failed compaction test areas shall be immediately removed and replaced at Contractor's expense. B-23.01 Modified Header Cuttine - Header cutting consists of removal and disposal of a strip of existing asphalt concrete pavement along the gutter edges. This strip shall be tapered from zero along the gutter edge to two inches (2") deep at six feet from the gutter edge. The final 2" thick asphalt concrete overlay paving operations shall be done within one week of the completion of header cutting. Payment will be made by the linear foot and shall include the cost associated with the disposal of the cold planed asphalt concrete. 8-24.01 Adjust Manhole Frame and Cover - All the existing sewer, storm drain and water manhole covers and frames within the limit of construction areas shall be adjusted to grade after the street resurfacing has been completed. The contractor shall coordinate with electrical and telephone utility companies to raise their manhole frames and covers to grade. The unit price of raising manhole frame and cover on asphalt pavement or concrete pavement shall be the same price. The Contractor, as part of the paving operations, shall adjust all the utility (gas, water etc.) valves and survey monuments as necessary at no cost to the City. The City will furnish new extension sleeves when necessary and the Contractor shall install as directed by the City. 8-24.02 Double Adjust Manhole Frame and Cover - All the existing sewer, storm drain and water manhole covers and frames shall be lowered before the grinding of the street and re-raise to the finished grade after the construction of 2" thick asphalt concrete overlay (cap). The cost for both lowering and re-raising (double adjusts) manhole frames and covers shall be paid only as a unit bid item per manhole and no extra compensation will be paid to the Contractor. The Contractor, as part of the paving operations, shall lower and re-raise (double adjusts) all the utility (gas, water etc.) valves and survey monuments as necessary at no cost to the City. The City will furnish new extension sleeves when necessary and the Contractor shall install as directed by the City. The Contractor shall free all the valve covers 300 feet ahead of the paving machine. Immediately after rolling, the valve covers must be raised or lowered to new grade to insure proper access. Existing valves must be exposed and accessible at alltimes. The valve covers that are unable to be freed and raised during paving operations shall be marked on the new pavement or tied to the existing sidewalk and the Contractor shall raise or adjust the valve covers to the new finished grade within a week with no cost to the City. B-25.01 Traffic Sienal Modification - This project consists of traffic signal modifications at three signalized intersections. Improvements consist of removal and disposal/salvage/relocation of existing improvements, Installation of new signal pole and mast arm, replacement of existing signal heads, replacement of internally illuminated street name sign panels, complete intersection rewiring from cabinet to signal head & DLCS, fumishing and installation of pull boxes, conduit installation, loop detection replacement, painting of pavement markings, construction of handicap ramps and other modifications per plans. All work shall be in accordance with the 2010 edition of the California Department of Transportation (Caltrans) cs-0534 30 of 36 EXHIBIT B -SPECIAL PROVISIONS Standard Plans and Specifications and the 2014 edition of the California Department of Transportation Manual for Uniform Traffic Control Devices (MUTCD). The locations of the work are as follows: (l) Santa Fe Avenue at 28th Street (TS-2729) - Existing traffic signal improvements (2) Bandini Boulevard at Long Beach Freeway (l-710) Off-ramp (TS-2728) - Existing traffic signal improvements (3) Slauson Avenue at Alcoa Avenue (TS-2740) - Existing traffic signal improvements All systems shall be complete and in operating condition at the time of acceptance of the contract. The City shall provide the traffic signal pole, mast arm, and luminaire required for the Bandini Blvd. at I-710 Freeway off-ramp traffic signal improvements. The cost for these items shall be excluded from the traffic signal improvements lump sum cost. All concrete work shall be formed according to City of Vernon Standards. No wild pouring allowed. All concrete classifications are according to Standard Specification for Public Works Construction Section 201-1.1.2. The costs for the modifications, completed in place and in working order, shall be paid for by its respective intersection lump sum bid item cost, except for the installation of the new traffic detector loops at the intersection approaches which shall be paid by traffic loop unit bid item. Per Section B'-2.02 Construction Hours, All traffic signal work will occur Monday-Friday between the hours of 9:00a.m. - 3:30p.m. Rewiring shall occur on a Saturday and/or Sunday. Final turn on will occur on a Saturday. B-25.02- Traffic Signal Modification for TS-2740- This project consists of traffic signal modifications on Slauson at Alcoa Avenue. lmprovements consist of removal and disposal/salvage/relocation of existing improvements, installation of new conduit, replacement of existing signal heads, replacement of internally illuminated street name sign panels, intersection rewiring (long run) from cabinet to signal head & DLCS, loop detection replacement, and other modifications per plan. All work shall be in accordance with the 2010 edition of the California Department of Transportation (Caltrans) Standard Plans and Specifications. 8-25.03 Undersround conduit construction - All existing utility lines shall be potholed prior to any installation of the conduits. Conduits shall be placed a minimum of 30" below the street surface. B-25.04 Equipment List and Drawines - All incidental parts which are not shown on the Plans, in the Specifications, and which are necessary to complete or modify the existing systems, shall be fumished and installed as though such parts were shown on the Plans or specified in the Specifications. The cost for furnishing and installing these incidental parts shall be considered as included in the intersection lump sum bid price. All systems shall be in satisfactory operation at cs-0534 31 of36 EXHIBIT B -SPECIAL PROVISIONS the time of completion and acceptance of the Work. 8-26.01 Traffic Detector Loops - The traffic detector loops shall be 6' diameter,4" deep, round, Type "8", according to the Caltrans Standard Plan ES-5B and shall be installed per the Los Angeles County Bicycle/Vehicle Loop Detector Installation Standard PIan. Loops and "home runs" shall be cut 4 inches deep with the stub out cut to match. Home run loops shall be spliced in series and twisted at a rate of 3 turns per foot. Cut out, deburr, and place new 4 inches deep threaded ring for stub out. The cost of furnishing and installation of new traffic detector loops and "home runs" complete in place and in working order must be included in its respective intersection lump sum bid item cost and no extra compensation will be paid to the Contractor. B-27.01 Striping [mprovements - Furnishing and installing traffic striping, pavement markers, and pavement markings (legends) shall conform to Section 214 of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION "GREENBOOK" (2015 Edition and supplements) and/or the provision in Section 84 "Traffic Stripes and Pavement Markings", and in Section 85, "Pavement Markers" of the Caltrans Specifications. The Contractor shall layout (cat track) all striping within one week after the placement of the final paved surface. Once approved by the City, the striping of all the streets shall be installed with two coats of water based Ennis paint with beads or approved equal. The Contractor shall furnish the necessary control points for all existing striping and legend marking prior to removing them. Traffic striping shall be placed upon the finished asphalt concrete pavement surface according to the plans. Crosswalk markings at adjacent approaches to the improvements shall be restriped as noted on traffic striping plans. The Contractor shall be responsible for the completeness and accuracy of the layout and re-striping to the satisfaction of the City. A blue retro reflective raised pavement marker per Caltrans Traffic Manual Section 6-03.4, Figure 6-44 shall be placed on new asphalt pavement at all fire hydrant locations. The contractor shall place temporary striping tabs before the street is opened up to traffic. The Contractor shall also install pavement markers according to the striping plans. The Contractor shall use City of Vernon's templates for legends, turn arrows, numbers etc. for striping. City of Vernon will lend the City's templates with no cost to the Contractor. Caltrans Standard Plans shall apply only to the lane line striping and pavement marking. Prior to the installation of the traffic signal loops, the contractor shall layout the proposed crosswalks. The cost of preparing layout and furnishing control points must be included in the respective intersection lump sum bid item, and no extra compensation will be paid to the Contractor. II-28.01 Paint Materials - Furnishing and installing traffic striping, pavement markers, and pavement markings (legends) shall conform to Section 214 of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION "GREENBOOK" (2015 Edition and supplements) and/or the provision in Section 84 "Traffic Stripes and Pavement Markings", and in Section 85, "Pavement Markers" of the Cal Trans State Specifications. The paint to be used on all work done under this contract shall be Ennis Paint Company, water-based traffic 32 of 36 EXHIBIT B .SPECIAL PROVISIONS paint,80l0-20MAX white and 8010-20MAX lead-free yellow, or approved equal and shall conform to the Standard Specifications Section 214. Paint shall be installed per manufacturer's instructions and the Special Provisions. The Director of Public Works, Water and Development reserves the right to determine the suitability of the paint offered. Beads Materials: l. Beads shall be colorless and free from milkiness. 2. No. 3 beads shall be used. 3. Beads shall be kept in a dry storage to prevent moisture absorption. 4. Beads shall be applied uniformly at the rate of five (5) pounds to seven (7) pounds of beads per gallon of paint. 5. Beads shall be uniformly heated to not less than eighty (80) degrees Fahrenheit when applied. The cost of all paints, beads, other material and equipment required to complete the job must be included in the respective intersection lump sum bid item, and no extra compensation will be paid to the contractor. II-30.01 Coordination with Railroads - The Contractor shall coordinate with the Railroad Companies for the asphalt concrete removal and asphalt paving in and around the Railroads right-of-way. Asphalt concrete removal and repaving will be paid under the corresponding bid items. After asphalt concrete removal between and around the Railroad Tracks has been completed, the asphalt concrete pavement between the rails shall be repaved immediately to finished grade of the tracks to the City Engineer's satisfaction. Areas outside of the rails shall be ramped with cold mix asphalt for a better vehicle crossing. The temporary cold mix ramps shall be removed before the final paving operation. The Contractor shall provide "Slow Bump Ahead" signs at all railroad crossings and join lines within the project boundaries. The cost of fumishing labor and material for temporary asphalt cold mix and signs shall be included in the various bid items, and no extra compensation will be paid to the Contractor. All other extra costs that may incur by the Contractor while working in and around the Railroad right-of-way shall be included in the various bid items and no extra compensation will be paid to the Contractor. The costs may include, but not limited to flagmen, traffic control, inspections, co- ordination, overhead, remobilization, and downtime. Union Pacific Railroad (UPRR) 2015 South Willow Avenue, Bloomington, CA 92316 Kenneth Tom, Special Projects & Public Manager (909) 685-2288 UPRR Tracks on Slauson Avenue: One set of tracks shall be uniform cold planed 4" deep between the railroad tracks and repaved with new asphalt concrete within the same day. cs-0534 33 of 36 EXHIBIT B -SPECIAL PROVISIONS II-31.01 Asphaltic Rubber Crack Sealine Limits of Crack Seal: l. Vernon Avenue- Alameda Street to Santa Fe Avenue 2. 49th Street - Alameda to Santa Fe 3. 3Sth Street- Alameda to Santa Fe 4. Malburg Way- Slauson Avenue to Alcoa Avenue Crack seal material shall conform to the following specifications. Table 6: Crack Seal rements Property Test Specification Requirement Cone Penetration (@77" F\ASTM D3407 2s (+t- s) Softening Point ASTM D36 210" -220" F Resilience ASTM D3407 50 - 60 percent Flow (@ 140'F)ASTM D3407 0 mm, maximum The asphalt rubber sealant material shall consist of asphalt cement, aromatic rubber extender oil, and 20o/o powdered rubber by weight. The sealant shall be accompanied by a certificate of compliance from the manufacturer. The sealant shall not be placed when the pavement temperature is below 50oF, above 90oF or during unsuitable weather. All pavement cracks greater than or equal to l/8" in width shall be routed by mechanical means and cleaned by air blowing. The areas that consist of "alligator" pattern cracking shall not be filled with crack sealant. Crack sealant shall only be applied to singular longitudinal and transverse cracks of l/8 inch or greater. The Contractor shall protect all existing utility covers during the routing operation and shall repair or replace any damaged facilities to its original condition. The existing facilities shall include but not be limited to the above items. All debris resulting from crack routing shall be removed from the roadbed by hand or mechanical sweeping prior to the end of each workday. Sealant shall be placed from the bottom of the crack upward to the pavement surface in a manner, which does not result in sealant bridging or entrapping air pockets. With deep cracks, settlement may occur, thus requiring application of a second layer of sealant. The level of the sealant will be allowed to be slightly below the levelof the existing pavement. Allexcess sealant shall be removed from the crack with a minimum overlap onto adjacent pavement. The sealant shall be placed in such a manner that any excess sealant is not spread or squeezed onto the pavement where cracks are not present, especially between separate individual cracks. The Contractor may be required to furnish and spread sufficient sand necessary to eliminate tracking or damage to the crack sealant. On all streets where sand will be applied over fresh crack sealant, the Contractor shall post "Loose Gravel" (C6) construction signs. Signs shall be posted from commencement of crack sealing until all sand has been cleaned from the roadway. The Contractor shall remove all sand by sweeping within 24 hours after opening the cs-0534 34 of 36 EXHIBIT B -SPECIAL PROVISIONS street to traffic. II-32.01 Additional 4" Grind Areas - The following additional grind areas are included in this contract: I . East 26th Street west of Ayers Avenue- Stations l5 I +00 to 152+90 (6' wide within a through lane) Stations 154+30 to 155+63 (6' wide within a through lane) Stations 156+69 to 158+27 (6' wide within a through lane) 2. District Boulevard west of Atlantic Boulevard Stations 68+75 to 69+80 (13' wide within a through lane) Stations 70+20 to 72+47 (16' wide within a left turn pockets). 3. Bandini Boulevard east of Ayers Avenue- Stations 82+97 to 84+92 (10.5' wide within a through lane). 4. Santa Fe Avenue north of 37th Street- Stations 20+50 to2l+26 (12'wide within athrough lane) 5. Santa Fe Avenue north of 38th Street- Stations 23+60 to 24+52 (12' wide within a through lane). 6. Vemon Avenue east of Alameda- Stations l+25 to 3+04 (28' wide within through lanes). 7. Vernon Avenue west of Santa Fe Avenue- Stations 19+92 to 22+25 (6' wide within a through lane). Station 25+69 to 26+77 (Total width of street). These additional grind areas will be uniformed cold planed, 4 inches deep, and paved back the same day with new asphalt concrete paving, Class B-PG 70-10, per the Standard Specifications for Public Works Construction. The cost associated with this work, including the traffic control and traffic striping, willbe incorporated in the closest related contract bid items. Il-32.02 Additional 2" Grind Areas - The following additional grind areas are included in this contract: 8. 38th Street (40' wide) between Santa Fe Avenue and Alameda Street- Various Locations- approximately 8,600 square feet. g. 49th Street (40' wide) between Santa Fe Avenue and Alameda Street- Various Locations-approximately 4,000 square feet. cs-0534 35 of 36 EXHIBIT B -SPECIAL PROVISIONS These additional grind areas will be uniformed cold planed, 2 inches deep, and paved back the same day with new asphalt concrete paving, Class B-PG 70-10, per the Standard Specifications for Public Works Construction. The cost associated with this work, including the traffic control and traffic striping, will be incorporated in the closest related contract bid items. ll-33.01 Full Depth Asphalt Removal and Pave back - The following full depth asphalt removal areas are included in this contract: I . East 26th Street west of Ayers Avenue- Stations l5 I +00 to 154+30 (6' wide within a through lane) Stations 155+63 to 156+70 (6' wide within a through lane) Stations 158+27 to l6l+12 (6' wide within a through lane) 2. East 26th Street east of the I-71 0 Freeway overpass- Stations 179+25 to 180+44 (6' wide within a through lane) Stations 180+44 to l8l +52 (12' wide within a through lane) Remove 9" thick section of asphalt concrete, Re-compact existing CMB with 95oh relative compaction. Construct 9" thick A.C. pavement B-PG 70-10 on the same day. The cost associated with this work, including the traffic control and traffic striping shall be incorporated in the closest related contract bid items. The removal of the existing A.C. shall be paid under the unclassified excavation bid item. cs-0534 36 of 36 EXHIBIT C LIVING WAGE PROVISIONS l\4inimum Livino Waoes: A requirement that Employem pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $1 1.55 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 uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employeis compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service mnkact of violating employers. D EXHIBIT D EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor certifies and represents that, during the performance ol this Agreement, lhe contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an 'Equal opportunity Employer" or thal all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, anceslry, handicap, sex or age, Contractor agrees that il 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. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. Nothing cutained in this Agreement shall be crnstrued in any manner as to require or permit any act which is prohibited by law. EXHIBIT E CITY STANDARD PLANS l*1 !- e f, 25.0'mln.t 5.0' mln. 7,0'mln, or flr6 hydronts sholtcurb ralurn whanever hove o 1.0'ihe edge of a 5. 4. 5. No signs, poles, onchorsbe construcled wllhtn theposslble, Tie_.cenler of oll flre hydronls sholl be ploced2,0' from curb foc6. Tjr?,fg-"" of . otl pover potes shofi be ploced1.5' from lhe curb foce. All slgns sholl be ploced so os locleoronce from lhe curb foce tothe sign. rL1]jtc-,;igLots ond stop slgns shol hove prtorfiyover olt olher srruclures _ All underground seorches ond olerls sholl beoccompllshed by the entity ploclng the obiect. Encroochmenl permll occomponled by o drowlnors .r€qutrsd prlor lo slorflng ony woik ln lhcpubllc rlght of woy. POWER POIE NRE HYDRANT DRIVEWAY 7. 8. r REQUIREMENTS CIW OF VERNON, GOMMUNITY SERVICES STANDARD OFFSET CALIFORNlA DEPARTMENT P NOVEMBER 1994 sTlt{0ARDV2 133 7.O'. 5.O' I + fl _520-c-2500 lvood Flool Flnlth 6'c. M. Concrele 6"c.MBosc U TTER ELEVATION E LJPEtfo.c WRI . WEAKENED PLAIG JOTNT ExPJT . O(PANSOI{ JdNT BcR . EEGlNNf.lG oF CIRB RETURT\ ECR . END O6 CUNA RETURN AU6U3T, 1969 CU RB UJ )to -'i(d >iF -LJ59 E ACCESS RAMP ACCESS RAMP EXPJT NOTES: l. WEAKENED PLApg,.|91111t SHALL BE usED AT REcur-AR TNTERI/ALS IO FEET IN WALKS OR 20 FEET IN CURB AND GLITTERS. 2. I/4 EXPANSION JOINT FELT SHALL BE PLACED AT 60 FEET INTERIALSlN CIJRB' currER Al'D WALK, AT Tlf BcR AhtD EcR, AT DRrvEwAys, AND ARCIJNO UTILITY POLES IN SIDEWALK AREAS. WAUr AHO CURB JOINTSSHALL BE ALIGNED. 3. ALL CONCRETE SHALL BE ONE COURSE NO TOPPING PERMITTED.4. MATCH JONT LINES WHEN REPI-ACING EXISTING SIOEWALK. 5 ' THE FLo,vLrNE oF rHE GUTTER sr{ALL BE TRor/ELLEo sMoorH rcR A wErH oF 4.. 6 . AA'ACENT SDR,VALIG 5'ON ETfiEF END OF DHVEWAYG SHALL BE POURED 8" THICK.STANDARD SIDEWALK, CURB AND OdiTEN crTY 0F VERNON, CALTFORNTA COMMUI.IITY SERVICES OEPARTMENT SIAlOlno rl/1,{ PV582 $sl , RETAINTNC CURBJ IF NECESSARY AI ' EDOE OF SIDEf,ALK DETAIL A IIPICAI-DIQJATE CORNER INSTALLATION See Noie l 9,02 MoxAI CURS IHERE A FLAREO SIOE OCCURS PROVIDE 2"O' TiN OF CURE CASE-E CASE E 9.OZ tlox AT CURE r FRONT! EOGE OF S I DEfALI( RETAINING CURB (BOTH SIDES OF RAI'P} SEE NOTE 9. Tvp RETAINING CURB (BOTH SIOES OF RAilP) j4\ RETA,INING CURB ]F 7 NECESS^RY AT EOCEr oF SIDE*ALK-. tasE-q ibie r lr SIDE'IALX ,9.O2 Mox, AT CURB FRONT EOGE OF S I OEWAL K., RAISED TRUNCATED DOME TO ACCOTPANY PLANS OATEO iOTESt 1. AE si+e condliiong dlctore, Co6€ A throuoh Cose G curb romDs moy Deusad for corngr Ingiollo+i6n8 simitor +o-ihose shorn in O6ioit A-ondDotoil B. The co6€ of curb roops u6ed in 06toil A do not Mve tobq ihc 6oma. Coge A throuqh Cola G curb romps otso moy E used o+mid block loco_tions, os slfe condltions dicroto, 2, If di6tonce trom curb lo bock of Eideratk is too shor+ +ooccommoooie romp ond {'2" pto+form (tonding) os Emxn in Cose ll+he sidowolk moy bo deprsaE€d tonqitLdlno ty 06 in Co6e B, or C oimoy D€ uid€ned os in Cose 0. f,. f,hen romD i3 locotgo in csnl€r of curb re+urn. crossro kconfigurotion mus+ b€ similor to tmt smyn f6r Oe+oil B, 4. As siie condilions dic+o+s, ihe retoinino curb oide ond -re florNslde of ihe Coae 0 romp aho,l bc conslrircr€d in reversed posiilon 5. lf ocoted-on o curv6, tM sidss of rm romp need nor be porolellbul lh€ minimum ridth of the rom9 sMlt be {'-2". 6. Sid€ 0169 vory uniformry from o moximum of 9,02 otcurD lsgliudlnol sldero,x stofE oolocen+ +o top ofih€ o6e C ond Co6e F. 7 Tm cutu rohp cmtr ba @ttined, oa Eb[n. rith o t'-0" uiate brderulth %" gr@ies opproxlmototy /a" on cent'er. See grooving detoil: 8, Tronoillong froo romps ond londing io yolka, gutter6 or streqt66holl D€ flu6h (rc llp) ond frG of obrupt chon9e6. 9, Coun+er slopes of or9 ond rood surfoces immedio+ely odlocon+ to ond r of llE curb romp sholl no+ be ' sfa6par tmn.l:20 pon etope sholl nol erceed 1" of depthfor 6och 2'-0" of t0, Curb+m6rorn Ilorn ord Sp€c ll, Tm edge of tlE ftl4lobre rornlnq surfocs nso.esl lE srrgelsmll t€ E+rean 6' ond 8" f rom +re gui+6r f lorlin6. 12. Sid€uolk ond romp +hlcknessr "T", sholl be 3llz" mlnimum. 13. U €6, vou ts ond olt o+Er utitity focititi€s, +h! curb romp rill be rel@o+6d oro otner prlor to. or ln conjunctlon uil'hl c 14.oe+octoble rorning surfoce moy lEve +o be cur lo ottov renovol ofuti,ity covera rhit6 moinrolnlng futt frioctobte torning rlorh ond depth. ,/ l\ito o o 2.5" Min ANo 2.4" thxl'lO O O CENTER TO CENIERsPAcrNG O O O RAISED TRUNCATED DOIE PATTERN (IN-LINEI DETECTABLE WARNING SURFACE 566 t{o+e I 0 STATE OF CALIFORNIA OEPARTUETIT OF TRANSPORTATIOII CURB RAUP DETAILS }{o SCALE RSP AESA DATED MARCH 2TI 2OI4 SUPERSEDES RSP AESA OATED JULY 19,2Ol3 ANo STANoARo PLAN A88A DATED CAy 20,20ll PAGE 12I OF THE S] NDARD PLAI{S BOOX DATED 2OIO. . FRONT EOGEi oF SIOEtrAL( I SEE NOTESr0 aNo lr .SEE NOTES IO aNo r 'l RETA INING cuRE -, PLAN AFE A L57i Yot/-,?.5t uox RETA]NING CURB]F NECESSARY. __l ;I SEE NOTE 9/ CASE F TOP OF RAMP. ,4,- ROUNOEO. SFCTION A-A CASE-D .sz rc, \ l.5z llox sEE NorE e SECTION B-B DeprEss en'llre siclerolk os required RETAINING CURB IF NECESSARYOU TT ER APPROXIMATELY yr"- OETAIL B IAsE.A"l -r? cAsE-o See Note 4 GUTTER\ r rotr tls TOP OF RA[P. Existing curb ond siderolk PROPERTY UNE SEE NOTE 1 SEE NOTE SEE NOTE 10 GRADE BREqKS EDGE OF I -a CASE/_PUNV/EW PARKWAY WIDTH IS LESS THAN 8, SEE NOTE 1 SEE NOTE SEE NOTE 10 EDGE OF l-A CASE2_PUNVIEW PARKWAY WIDTH IS GREATER THAN OR EQUAL TO E, VARIABLE -loz ro*jr*t toT-;,;---\-+i SECTIONM-CASE1 PARKWAY WIDTH IS LESS THAN 8, CURB AND GUTTER SECTIONAA-CASE2 PARKWAY WIDTH IS GREATER THAN OR EQUAL TO 8, STAN DAR D D R IVEWAY STANDARD PLAN PV 693 PAGE 1 OF 2 ctTY oF VERNO{, OAIjFORT{1^ COIIMUNTIT SERVICES & WAIER DEPARIUE}{I Auol.rsl 2007 SIDEWAIJ( TRANSITION <". a.sF. MAx. SIDEWALK TRANSITION r..oior. *9 SIDEWALK TRANSITION 8.33% MAX. llo%'MAx lx:s'l s' II ISEE NorE 3I lx: s'l s' Il4I ISEE NoTE 3I CURB AND PUN SIDEWALK BW TC CURB FACE Y:ELEV. DROP ON PRIVATE PROPERTY CASE / _ ELEYANON IDEWALK BW TC FL CASE 2 _ ELEVATION N OTES: t. 2. USE CUSS 520_C_25O0 CEMENT CONCRFTE. DR|VEWAY APRON SHALL BE POURED MONOUTHrcALLY WTH CURB AND GUTTER AND 6. OF C.M.B, SHALL 8E PUCED UNDER THE CURB AND GUTTER PORflON OF THE DRIVEWAY. ADJACENT SIDEWALKS 5, ON EITHER END OF DRIVEWAY SHALL BE POURED 8" THICK. IO" OIA. PIPE BARRIER MIN. SCHEDULE 30 PER CITY STD. V2122 SHALL 8E INSTALLED AS NEEDED TO PROECT IMPROVEMENTS. ALL CONCRETE SHALL 8E ONE COURSE STEEL TROWEL & MEDIUM HAIR BROOM HNISH. NO TOPPINE PERMITTED. DRIVEWAYS MAY BE OPENED IO TRAFHC: A. IN 4E HOURS WTH HGH STRENGTH CEMENT B. IN 5 DAYS WffH STANDARD CUSS 520-C_2500 M/X. ENDS OF DRIVEWAYS TO BE NOT LESS THAN 5' FROM NEAREST FIRE HYDRANT, METER BOX OR VALVE AND 12'FROM UflLIIY POLE. I/4" EXPANSION JOINT FELT SHALL BE PUCED ALONG THE 7X. DRIVEWAY ENTRANCE WDTH (W) SHALL BE A. 25,MIN FOR NON-TRUCK USE. B. 40' MIN FOR TRUCK USE. Jo' ))NCRETE VALL pER ctfY slD. v2122 @ 6' HlcH WROUGHT IRON FENCE Q8 4, MDE UNDSCAPE SIRIP AS APPROVED BY THE CITY ENGINEER. 3. 4. q 6. 8. 9. STANDARD DRIVEWAY STANDARD PLAN PV 693 PAGE 2 OF 2 CITY OF VERNO{, OAIJFORNIA COTIYUNITY S€RVICES It WATER DPARIUE}IT ogIoEER 2q)5 PUN PARKWAY WIDTH Y 6,, CURB 8,' CURB V=0' 5'o.20"2.20" 6 0.00"1.24" 7'0.00"o.28" V=3'I o.20"2.20" 9'0.00"1.24" 10'0.00"1.24" 11 0.00"o.28" 12'0.00"0.00" DROP ON PRIVATE PROPERTY StoEtax nNsn SECNON A-A $6'd s 6'rr--------------INLET TYPE II /NLET lYPE / 5/E NAL A P PIE PER IUPfuIEYENT OR ORlilNE H.A^I B nil _t1 I I I I I I I I I I I I I I I I I I I It- I I I IIJntnrItx fuINT N J '- pOlM p IC 6RAD€ UNE AS sHovt't oN PRoFltE SIEEL usT NO|ES: t. FLOOR OF BOX tO 8E TROtvELfr SAIOOTH. 2. J. tHE Ry'tY UNE 4. roP oF TNLET STRUCruRE (rYPE t A D rO 8E FLUSH WIH ATNACENT SURFACE WHERE Pfu4CNQ4BLE. I.J--- 5. A HFADED S|EEL SruD 5/876 3/8' Vm HEaD O=t'ATTACHED 8Y A R)U PENETRANON EUTT WELD TIAY BE USED AS AN ALIERMIE ANCHOR. 6. |HE 3. LEG OF IHE IN\ERIOR ANCHORS SIIAII BE PANAUEL TO fHE TOP OF SIDilALK, PARKWAY DRAIN NO.I CITY OF WRNON, CAUFORNU PUBUC WORKS DEPARTilENT ,ar, t99t sTANIvtu PtAfl DV 2l7t .t I O4LVANIED t'-o J.?r,/2A2XJ/E'2 lr ,'-9' t'-5 2'-J' ?'-o 2'-9' ?'-6 J'-3' _U J'-9' -o 6'1'-J' t'-o 5' 1'-9' ,-JI ..1l T'T P E. SE C TIO N "B -"tsT'/ P E-2 NoTE.S: ,. MATEF.TaLS K>R Type I DEd.tNS sl.laLL l}E sTEEL, <,asiT lFof.l orz tzv,<.MATEP{ALS fi3E_ TypE .2 Df.,athls stlALL 6E SfEr, e,p- 4.a=T tp<)r.l or.tL\-.2. CEFERENCE lS M/]DE TO STANDAR.D PLAN pV 5gZ _ S-TANDAq,D SlDEr,lAL(CUR s AND G\)T'iEE . CUI?B DIZAINS crTY oF vEPNoN,caLtFoPNta PUBLIC I'{ORI(S DtrPARTMENT au6usT, t97t STANOAb PI-AN DV t888 SECTION A-A =>z-/.)\1 --/-/J (oR EOUTV.) FTGURE & STYLE 2.X8, MIN. LODGEPOLE PINE STME (OR EOUIV.) SIDEWALK GR{DE 3.5" COMPACTED SOIL MIX PI-AN VI EW NOTES: 1. TREE SHALL BE IN 24. X 24. BOX AND HAVE MINIMUM DIMENSIONS OF E FT HIGH. 3 FT WIDE AT THE HEAD AND A TRUNK OF 2 INCH. 2. TREE SPACING 1OO, OR PER CTTY ENGINEER'S DIRECTION. 5. PLANT 25, MIN. FROM B.C.R. AT INTERSECNONS. 4. PLANT 25, MIN. FROM EDGE OF DRIVE APPROACH. 5. PI-ANT 10, MIN. FROM UTIUTY AND SE}VER UNES. 6. PLANT 21, MIN. FROM STREET UGHT STANDARDS. 7. PI-ANT 15, MIN. FROM POIVER POLES. E. PI.ANI 10' MIN. FROM FIRE HYDMNTS. 9. ONE YEAR WARMNTY FOR LOSS OR DAMAGE REQUIRED. RUBBER TREE TIE MIN. 24"X24, BOX TREE PVC PIPE WEED ROOT BARRIER SIDE VIEW STANDARD TREE P1ANTING eTY Of Wnioll, c^llF()Rl{l COYUUN]TY SERVICE & WAIER OEPARTMENT ruRcH 2000 STANDARD PLAN MV 1E91 6'oF t/4'GRAVEL MIN. 2. PIINTING MIX (50 mm) TOP OF COVER BOTTOM OF COVTR (1s mm) -1/2'JE mm) 4" (19 mm)+ mm) mm)-rn1 SECIION A-A 3/16'(5 l-JlE (3s mm) (+ mm) (to mrn) 6- (tsz mm) 3-3 /4' (95'mm) FRAMI DTTAIL SECTION THRU FRAMT /16' (s mm) R STANDARD PLANS FOR PUBLIC WORKS CONSTRUCI6i !!/ANHOLE FRAM For Slauson & Boyle Street & Traffic Improvements Contract No. CS-0534 in the City of Vernon, California Bids are to be signed and submitted in TRIPLICATE. ONE ORIGINAL AND TWO COPIES of sealed bids must be received prior to 2:00p.m., Wednesday, June 10, 2015 by the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, ("Bid Deadline"). All bids shall be enclosed in sealed envelopes, distinctly marked "Bid'with the title of the bid and the bidder's name address appearing on the outside. Mail sufficiently early or deliver in person before 2:00 p.m. on the day listed in the Notice Inviting Bids. Bids must be received in the City Clerk's Office before that time. At the bid opening, the City Clerk shall open bid packages and acknowledge the receipt of Bids. Once all bid packages are opened and announced, the Bid Forms will be made available for public review. NO LATE BIDS WILL BE ACCEPTED The bids shall be clearly titled. Copies of the Bid Documents, Plans and Specifications are available at no charge at the Public Works, Water and Development Services Department Counter, City of Vernon, 4305 Santa Fe Avenue, Vernon, between 7 a.m. and 5:30 p.m., Monday through Thursday. A non-refundable fee of $20.00 will be charged if mailing is requested by calling (323) 583-881 l. Pre-Bid Meeting: A pre-bid meeting to answer any questions regarding the project plans and specifications is scheduled for Wednesday, May 27,2015 at 10:00 a.m. in the Public Works, Water and Development Services Department, 4305 Santa Fe Avenue, Vernon, California. This meeting is to answer any questions regarding the project plans and specifications. Attendance is not mandatoty. City of Vernon Contact Person: Vince Rodriguez Phone: (323) 583-8811 ext.220 Facsimile : (323) 826- | 43 5 Email : vrodri guez@ci.vernon.ca.us Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bidder fails to meet the essential requirements for qualification. NOTICE INVITING BIDS Contract No. CS-0534 NOTICE INVITING BIDS General Scope of Work: Contractor shall furnish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The Work in the Bid is defined in the Project Drawings and Specifications and will generally include the following: Contractor shall furnish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The Work in the Bid is defined in the Project Drawings and Specifications and will generally include: Scope of Work - This project consists of removal of 4 to 6 inches deep of the existing asphalt pavement, and rejuvenation by mixing the removed asphalt with new emulsified recycling agents, water and additives by the Cold Central Plant Recycling (CCPR) process. After curing of the recycled asphalt, an overlay of 2-inch thick latex modified asphalt concrete will be installed on the streets per plans. In addition, removal and replacement of damaged curb, gutter, sidewalk, driveways, and the installation of handicap access ramps will be completed per the plans. High- Early (l0" thick) concrete will be constructed at various intersections. Traffic Signal modifications will be made at three intersections. Crack Sealing will be done on Vernon Avenue, 49th Street, 38th Street and Malburg Way. Channelization of paved streets shall include traffic striping and pavement markings. Petromat fabric exists approximately 2 to 4 inches below the existing surface on Boyle Avenue and on Slauson Avenue. The work shall be done in accordance with Contract No. CS-0534 Specifications; "Greenbook" Standard Specifications for Public Works Construction (2015 Edition), State of Califomia Department of Transportation (Caltrans) Standard Plans (2010 Edition) and the State of California Department of Transportation (Caltrans) Standard Specifications (2010 Edition). In the event of any conflicts, the Contract Specifications shall prevail. Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the essential requirements for qualification. As part of the Bidder's Statement of Qualifications, each Bid must establish that: Bidder satisfactorily completed at least three (3) prevailing wage public contracts in California; each comparable in scope and scale to this Project, within two (2) years prior to the Bid Deadline and with a dollar value in excess of the Bid submitted for this Project. In addition, if the Bidder intends to self-perform the electrical traffic signal and striping, Bidder shall satisfy the mandatory qualifications described in the Specialty Contractor Statement of Qualifications applicable to such Work and submit the completed forms with the Bid. Subcontractors listed for the electrical traffic signal and/or striping work must satisfy the mandatory qualifications described in the Specialty Contractors' Statements of Qualifications applicable to the Work to be performed by each Subcontractor and Bidder must submit the completed forms with the Bid. NOTICE INVITING BIDS Contract No. CS-0534 Other Bidding Information : l. Number of Contract calendar days: 90 calendar days 2. Amount of Liquidated Damages: $ 1.500 per calendar day 3. Required Construction Staging: Phases, See Construction Traffic Control Section in the Project Special Provision. 4. lntermediate Completion Milestones: Not a part of this contract. 5. Biddine Documents. Bids must be made on the Proposal Form contained herein. 6. Ensineer's Estimate. An Engineer's Estimate of the cost of construction of this Work has been prepared. Said estimate is in the range of $ 1,700,000 to $ I ,900,000. 7. Time of Completion. This Work must be completed within 90 calendar days from the date of commencement as established by the City's written Notice to Proceed. 8. Acceptance or Rejection of Bids. The City reserves the right to reject any and all bids, to award all or any individual part/item of the bid, and to waive any informalities, irregularities or technical defects in such bids and determine the lowest responsible bidder, whichever may be in the best interests of the City. No late bids will be accepted, nor will any oral, facsimile or electronic bids be accepted by the City. 9. Contractor's License. At the time of the Bid Deadline and at alltimes during performance of the Work, including full completion of all corrective work during the Correction Period, Contractor must possess a California contractor's license or licenses, current and active, of the classification required for the Work, in accordance with the provisions of Chapter 9, Division 3, Section 7000 et seq. of the Business and Professions Code. In compliance with Public Contract Code Section 3300, the City has determined that the Bidder must possess the following license: Class A, General Engineering Contractor License from the California State License Board. In addition, if Bidder intends to self-perform electricaltraffic signal work and striping, Bidder must possess the following licenses: C- I 0, Electrical Contractor License and C- 32, Parking and Highway Improvement License, as applicable to such self-performed Work. The Bidder will not receive a Contract award if at the time of submitting the bid, the Bidder is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active. If the City discovers at the time of the Bid Deadline that Contractor is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active, the City may reject the Bid, cancel the award, declare the Bid Bond as forfeited, keep the Bid Bond's proceeds, and exercise any one or more of the remedies in the Contract Documents in addition to those provided by law. 10. Subcontractors' Licenses and Listing. Bidders must list each Subcontractor whom the Bidder must disclose under Public Contract Code Sectio n 4104 (Subcontractor Listing Law), and the Bidder must provide all of the Subcontractor information that Section 4104 requires (name, address, license number, and portion of the Work). An inadvertent error in the license number will not be considered nonresponsive if it is corrected within 24 hours after the bid opening. In addition, the City requires the Bidder to list the dollar value of each Subcontractor's labor or services. The City reserves the right to review and disqualify any proposed Subcontractor. The City's disqualification of a Subcontractor does not disqualify a Bidder. [n such case, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed NOTICE INVITING BIDS Contract No. CS-0534 J and qualified Subcontractor- without an adjustment of the Bid Amount. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor's license must be current and active for the portion of the Work listed and shall hold all specialty certifications required for such Work. I l. Authorizations. The City will apply and pay for all necessary Covernmental Approvals and Utility Fees. 12. Bid Forms and Securitv: Each Bid must be made on the Bid Forms obtainable at the Department of Public Works, Water and Development Service. Each Bid shall be accompanied by a cashier's check or certified check drawn on a solvent bank, payable to "City of Vernon," for an amount equalto ten percent (10%) of the total maximum amount of the Bid. Alternatively, a satisfactory corporate surety Bid Bond for an amount equal to ten percent (10%) of the total maximum amount of the Bid may accompany the Bid. Said security shall serye as a guarantee that the successful Bidder will, within fifteen (15) calendar days after the date of the award of the contract, enter into a valid contract with the City for said Work in accordance with the Contract Documents. 13. Bid lrrevocability. Bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 14. Substitution of Securities. Pursuant to California Public Contract Code Section22300, substitution of securities for withheld funds is permitted in accordance therewith. 15. Prevailing Wages. This Project is a "public work" as defined in California Labor Code Section 1720. Contractor awarded this Contract and all Subcontractors of any tier shallnot pay less than the minimum prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Work. The Director of Industrial Relations of the State of Califomia, pursuant to the California Labor Code, and the rates determined by the Califomia Director of Industrial Relations are available online at www.dir.ca.gov/DLSR/PWD/. 16. Payroll Records. Pursuant to SB 854, Contractor and any Subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). 17. Annual Fee to the Department of Industrial Relations (DIR). Pursuant to Labor Code 1725.5, Contractor and any Subcontractors who bid or work on this project with the City must register and pay an annual fee to the DIR. This project is subject to compliance monitoring and enforcement by the DIR. Mark Whitworth City Administrator Dated: 5/4/2015 (Authorized by City Attorney) Published: 5/1812015 NOTTCE INVITINC BIDS Contract No. CS-0534 City of Vernon Instructions for Bidders Project: Slauson & Bovle Street & Traffic Improvements Contract No. CS-0534 For the Department of Public Works, Water and Development Services The City contact person for prospective bidders is: Vince Rodriguez. Public Works Project Coordinator, Department of Public Works, Water and Development Services,4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Ext.220. Bid opening date and time: Wednesday, June 10,2015 at 2:00 p.m. ("Bid Deadline") Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon, cA 900s8 The bid must be received by the City Clerk prior to the time set for bid opening. A bid received by the City Clerk after the time set for the bid opening is a non-responsive bid and shall not be considered. GENERAL BID REOUIREMENTS To be considered, a bidder must strictly follow the format for bids in the specifications. Bids must be binding and firm. Any bids may be withdrawn before bid opening, but bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. I. CONTRACTORS LICENSE The Bidder must possess a valid State of California Contractors License in the classification(s) specified in the Notice Inviting Bids at the time of the Bid Deadline and at all times during the performance of the Work, except as otherwise provided in California Business and Professions Code Section 7028.15. 2. INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND ADDENDA A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of any part of the Bidding Documents, or who finds discrepancies, errors or omissions therein or who finds variances in any of the Bidding Documents with applicable law, such Bidder shall at once submit a written request for an interpretation or correction thereof to the City's representative identified in the Notice lnviting Bids, or other designated individual. All Bidders shall submit such written requests to City not less than ten (10) calendar days prior to the Bid Deadline. The person or entity submitting the request shall be responsible for its prompt delivery to City's Contact Person identified in the Notice Inviting Bids. INSTR(JCTION TO BIDDERS Contract No. CS-0534 3. 4. Any interpretation or correction will be made only by Addendum issued by the City and a copy of such Addendum will be delivered to all Interested Bidders of record. Any Addenda so issued must be acknowledged in the Bid and the cost of performing Work described in the Addenda shall be included in the Bid. Bidder's failure to acknowledge receipt of all Addenda may result in rejection of the Bid as nonresponsive. No person is authorized to render an oral interpretation or correction of any Bidding Documents and no Bidder may rely on any such oral interpretation or correction issued by the City. The City shall not be responsible for any other explanation or interpretation of the Drawings or Specifications, or for any oral instructions. City reserves the right to extend the Bid Deadline by issuing an Addendum to Interested Bidders no later than 72 hours prior to the Bid Deadline. Bidders shall use complete sets of Bidding Documents in preparing Bids; City shall not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. B. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued and the Bidder shall acknowledge their receipt in the Bid. OBTAINING DRAWINGS AND DOCUMENTS Bidder may secure Bidding Documents only from the location specified in the Notice Inviting Bids. City will maintain a list of persons who obtained a copy of these Specifications ("lnterested Bidders"). Only Interested Bidders will receive Addenda, if so issued. BID FORMS - SUBMITTAL A. The Bids shall be made on the forms provided herein with all blank spaces properly filled in. B. The phraseology shall not be changed, and no additions shall be made to the items mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions attached to a Bid will render it informal and may cause its rejection. All forms requiring specific information shall be completed with all applicable information for a Bid to be considered responsive. C. Include all Bid Forms, properly executed, and intact on forms provided. Enclose the Bid Forms in a sealed envelope; type or print on the envelope "BIDS for" followed by the title and Specification Number and the date and time of the Bid Deadline, and the Bidder's name and address. The envelope may be mailed, hand delivered, or delivered by courier or package delivery service. D. One Original Bid and two copies shall be hand delivered, delivered by courier or package delivery service to the City Clerk, City of Vernon, 4305 Santa Fe Avenue. Vernon. CA 90058. INSTRUCTION TO BIDDERS Contract No. CS-0534 5. E. Bids received after the Bid Deadline or at any place other than the Office of the City Clerk will not be considered. BID FORMS - AUTHORIZED SIGNATURES A. The full name, business address, zip code, and business telephone number, with area code of the individual, partnership, joint venture, or corporation submitting the Bid shall be typewritten or legibly printed on the Bid Forms. The Bidder shall sign the form with his/her usual wet ink signature. B. Sole Proprietorship: An individual shall sign. C. Partnership (General or Limited): A partner shall sign for a partnership; the partner shall give the names and addresses of all paftners. D. Corporation: An officer shall sign for a corporation. The corporate name must be attested by the corporate seal. The names and titles of the president and all officers of the corporation who are authorized to sign the Bid Forms must be listed in an authenticated Incumbency Certificate signed by the corporate secretary. A signature otherthan a corporate officer's will be accepted only if an authenticated lncumbency Cenificate is attached. E. Joint Venture: Bidders shall use the appropriate section(s) listed above in B-D, based on their applicable situation. BID FORMS - SCHEDULE OF BID PRICES A. The Bidder shall include in his/her Bid price(s) any and all expense or costs that may be necessary to complete the project in accordance with the requirements of the Contract. The cost of all mobilization, preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the various project sites must be included in the various bid items, and no extra compensation will be paid to Contractor. B. The Bidder shall state for each item on the Schedule of Bid Prices form, in clearly legible figures, the Base Bid, the alternates, and the unit price and item total or lump sum, as the case may be, for which he/she proposes to supply labor, materials, and equipment and to perform the Work. Bids must not contain any erasures, interlineations, strike-throughs or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure or correction the initials of the person(s) signing the Bid. If any Bid, or portion thereof, is determined by the City to be illegible, ambiguous or inconsistent, City may reject such a Bid as being non-responsive. C. tn the case of a unit price item, the amount set forth, as the item total shall be the product of the estimated quantity times the unit price Bid. [n the event of a discrepancy between the unit price Bid and the item total, the unit price shall prevail; however, if the unit price is ambiguous, unintelligible, or uncertain for 6. INSTRUCTION TO BIDDERS Contract No. CS-0534 any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. D. All requested Altemates, if any, shall be Bid. See the Schedule of Bid Prices for more information and the list of Bid Alternates, if any. If no change in the Base Bid is required, enter "No Change." 7. BID SECURITY Each Bid shall be accompanied by cash or a cashier's check or a certified check, drawn on a responsible bank doing business in the United States payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as a principal and a California admitted surety company (as defined by Califomia Code of Civil Procedure $$995.120 and 995.31l) as surety ("Bid Security"). All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of "A:Vll" or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a 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. Bid Security shall be in an amount not less than l0%oof the Base Bid. Any Bid submitted without Bid Security will be rejected as non-responsive. The Bid Security shall be given as a guarantee that the successful Bidder will execute the Contract and will provide the insurance, bonds and other required forms within fourteen (14) calendar days after award of the Contract. Bidders will be entitled to return of Bid Security except when a successful Bidder forfeits its Bid Security. A forfeit may occur, for example, if the successful Bidder withdraws its Bid prior to the expiration of ninety (90) calendar days after award of the Contract; attempts to withdraw its Bid when the requirements of Public Contract Code $ 5l0l et seq. are not met; or refuses or fails to execute the Contract and provide the required bonds, insurance or certificates within foufteen (14) calendar days after award of the Contract. In any one or more of these events, if City awards the Contract for the Work to the next lowest responsible Bidder, the amount of the original lowest Bidder's security shall be applied to the Contract Price differential between the lowest Bid and the second lowest Bid. Any surplus will be returned to the original A. B. C. INS I-RI.JCTION TO BIDDERS Contract No. CS-0534 lowest Bidder. If the City rejects all other Bids presented and re-advertises, the lowest Bidder's Bid Security may be used to offset the City's cost of re- advenising and receiving new Bids. In that case, the surplus if any, will be returned to the original lowest Bidder. D. The Bid Security shall be held for ninety (90) calendar days after the award of the Contract or until posting by the successful Bidder of the payment and performance bonds, proof of insurance, retum of executed copies of the Contract and necessary certification(s), whichever first occurs, after which time the Bid Security will be returned to all Bidders. E. If a Bid Bond is to be submitted, Bidder shall use the form entitled "Bid Bond" contained in the Bidding Documents, which Bid Bond shall be properly executed and acknowledged by the Bidder and by a corporate surety authorized to transact such business in the State of California. F. Any alteration of said form of Bid Bond, or imperfection in the execution thereof, as herein required, will render it informal and may, at the option of the City, result in the rejection of the Bid under which the Bid Bond is submitted. SPECIALTY CONTRACTORS' STATEMENTS OF8. BIDDER'S AND QUALIFICATIONS A. Each Bidder shall be required to complete, execute and submit with its Bid, the form entitled "Bidder's Statement of Qualifications." Subcontractors listed forthe traffic signal and striping work must satisfy the mandatory qualifications described in the Specialty Contractor or Subcontractor Statement of Qualifications applicable to the Work to be performed by each Subcontractor and Bidder must submit the completed forms with the Bid. Notwithstanding the provisions of Paragraph 22 herein, the Bidder's Statement of Qualifications and the Specialty Contractor or Subcontractor Statement of Qualifications shall not be public records. All information required by a Bidder's or Specialty Contractor Statement of Qualifications shall be completely and fully provided. If no information is to be filled in a blank space, then write "none." Any Bid not accompanied by a Bidder's Statement of Qualifications and Specialty Contractor or Subcontractor Statement of Qualifications form completed with all information required may render the Bid non-responsive. If the City determines that any information provided by a Bidder in the Bidder's or Specialty Contractors' Statement of Qualifications is false or misleading, or is incomplete so as to be false or misleading, the City may reject the Bid submitted by such Bidder as being non-responsive. B. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the contract documents. In selecting the lowest responsible Bidder, consideration will be given not only to the Bidder's financial standing but also to the general competency of the Bidder INSTRUCTION TO BIDDERS Contract No. CS-0534 for the performance of the work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public buildings for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder's experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, and other factors which could affect the Bidder's performance of the work. 9. DESIGNATION OF SUBCONTRACTORS A. Subcontractor Listing. On the Designation of Subcontractors form, the Bidder shall list each Subcontractor whom the Bidder must disclose under the Subletting and Subcontracting Fair Practice Act, Public Contract Code Section 4104. The Bidder shall provide: each Subcontractor's name, the trade and type of work that the Subcontractor will perform, the location (address) of the Subcontractor's place of business, each Subcontractor's license number, and the dollar value of each Subcontractor's labor or services. If additive Alternate Bid ltems are included in the Bidding Documents, the Bidder shall identify each Subcontractor performing additive Alternate Bid ltems, when such Work - or the combination of base Contract Work and Alternate Work - exceeds one-half of one percent of the total Bid Amount. B. Subcontractors' Licenses. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor shall possess a current and active California Contractor's license appropriate for the portion of the Work listed for such Subcontractor, and hold all specialty certifications required for such Work. C. Disqualification of a Subcontractor. The City has the right to review the suitability and qualifications of any Subcontractor proposed by the Bidder. As part of this review, the City may request a Bidder to submit additional information about one or more of the listed Subcontractors-including, but not limited to-a statement detailing the Subcontractor's experience with pertinent information as to similar projects and other evidence of the Subcontractor's qualifications. If requested, the Bidder shall provide the information to the City within the time specified in the City's written request. After due investigation, if the City has a reasonable objection to any proposed Subcontractor, the City may, before giving the notice of award, require the apparent successful Bidder to submit an acceptable substitute. The City's disqualification of a Subcontractor does not disqualify a Bidder. However, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor without an adjustment of the Bid Price. D. Work of Subcontractors. The organization or arrangement of the Specifications and Drawings do not limit the extent of the Work for the Contract Documents. Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings and other Contract Documents to all persons or entities submitting sub- INS'TRUCTION TO BIDDERS Contract No. CS-053,16 10. bids to the Bidder. The omission of any portion or item of Work from the Bid or from sub-bids, which is reasonably inferable from the Contract Documents, will not be a basis for adjustment of the Contract Price or the Contract Time. E. Ineligible Subcontractors. The successful Bidder is prohibited from performing Work on the Project with any Subcontractor who is ineligible to perform work on a public works project pursuant to California Labor Code Sections 1777.1 or 1777.7. In submitting its Bid, the Bidder certifies that it has investigated the eligibility of each and every listed Subcontractor and has determined that none is ineligible to perform work pursuant to the above code provisions. CONTRACTOR'S NONCOLLUSION AFFIDAVIT A Noncollusion Affidavit in the form provided by the City shall be signed under penalty of perjury, certifying that the Bid is not the result of and has not been influenced by collusion. Bidder shall submit this form with its Bid. Any Bid made without such affidavit, or believed to be made in violation of the requirements set forth in the affidavit form, may be rejected. INSURANCE REQUIREMENTS The Bidder shall submit to its insurance company or insurance agent the lnsurance Requirements in this Specification and the Contract Documents. The insurance company's underwriter or agent must complete the Insurance Requirements documentation which states that the insurer's underwriter or agent will fumish the City with the required insurance documents within fourteen (14) days after the Bidder's having been notified of the Contract's award. The Bidder shall submit this form with its Bid. Any Bid made without this statement, or made with an incomplete statement, may be rejected. EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK A. The Bidder shall examine carefully the site of the Work contemplated and the Drawings and Specifications. The submission of a Bid will be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of Work to be performed and materials to be furnished. the difficulties to be encountered, and to the requirements of the Drawings, Specifications, and other Contract Documents. The Bidder shall ascertain the locations of the existing utility services, and other underground facilities, and provide for carrying out its operations so as to cause the minimum possible inconvenience to the occupants of properties along any streets affected. All Work and costs involved in the safeguarding of the properties of others shall be at the expense of the Bidder to whom the Contract may be awarded. B. The Bidder hereby certifies that it has examined the local conditions, has read each and every clause of the Contract Documents, and that it has included all costs necessary to complete the specified Work in its Bid prices, and the Bidder I t. 12. INSTRUCTION TO BIDDERS Contract No. CS-0534 13. agrees that if it is awarded the Contract, it will make no claim against the City based upon ignorance of local conditions or misunderstanding of any of the provisions of the Contract. Should the conditions turn out otherwise than the Bidder anticipated, the Bidder agrees to assume all risks incident thereto. PRICES AND PAYMENTS Approximate quantities listed in the Schedule of Bid Prices are estimates given for comparing Bids, and no claim shall be made against the City for excess or deficiency therein, actual or relative. Payment at the prices agreed upon will be in full for the completed Work and will cover materials, supplies, labor, tools, equipment, and all other expenditures incident to a satisfactory compliance with the Contract, unless otherwise specifically provided. PERMIT FEES City of Vernon shall obtain all Governmental Approvals and Utility Fees as required for the construction of the project. The Bidder shall not include the direct cost associated with obtaining any permits and its fees, except as otherwise noted in the project specifications. SUBSTITUTIONS Bidders wishing to obtain City's authorization for substitution of any material, device, product, equipment, fixture, form, or type of construction shall submit all requests for substitution, including all data necessary to demonstrate acceptability, a minimum of ten (10) calendardays priorto the Bid Deadline. Approval of any such substitution shall be made in writing by the City. Bidders shall refer to the appropriate provisions in the General Conditions for additional requirements for substitutions. In the absence of a written Addendum prior to the Bid Deadline or a Change Order approving the request after Contract award, a request for substitution shall be deemed denied. RETURN OF IMPROPER BIDS Bids submitted after the Bid Deadline are non-responsive and shall be returned to the Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted Bids shall not be considered unless the Notice Inviting Bids expressly permits such means of transmittal. WITHDRAWAL OF BIDS Bidder may withdraw its Bid either personally or by written request any time prior to the scheduled Bid Deadline by notice to the City's Contact Person designated in the Notice Inviting Bids. If such notice is written, it shall be signed by the Bidder and shall be date- stamped and time-stamped by the City upon receipt. Withdrawn Bids may be resubmitted before the Bid Deadline provided that they are in full conformance with these lnstructions to Bidders. Once submitted, all Bids are irrevocable, except as otherwise provided by law. Requests for withdrawal of Bids after the Bid Deadline shall 14. t5. 16. 17. TNSTRUCTION TO BIDDERS Contract No. CS-0534 be made only in accordance with California Public Contract Code $ 5100, et seq. Bidder agrees by submitting a Bid that such Bid shall remain open, is irrevocable, and may not be modified, withdrawn, or cancelled for a period of ninety (90) days after award of the Contract. 18. OPENING AND EVALUATION OF BIDS A. Bid Opening and Tabulation. The Bids shall be opened and read in public after the Bid Deadline has expired at the time and location Iisted in the Notice Inviting Bids. A tabulation of all Bids received will be available for public inspection at the Office of the Director of Public Works, Water & Development, 4305 Santa Fe Avenue, Vernon, CA during regular business hours for a period of not less than thirty (30) calendar days following the Bid Deadline. The City reserves the right to accept or reject any or all Bids and be the sole judge regarding the suitability of the products, services or supplies offered; and/or to waive any irregularities or informalities in any Bids or in the bidding process. The City further reserves the right to purchase all or fewer than all items or quantities of each item listed in the Bidding Documents. The award of the Contract, if made by the City, shall be to the lowest responsive and responsible Bidder. lf Bid Altemate Items are called for, the lowest Bid shall be determined according to Paragraph 20 below. B. Evaluation of Bids. l. Mandatory Qualifications. A Bid shall be rejected as non-responsive if the Bidder fails to document in the Bid that Bidder meets the essential requirements for qualification described in the Notice Inviting Bids. As part of the Bidder's Statement of Qualifications each Bidder must establish that it, as the current entity: (l) has successfully completed at least three (3) similar projects involving similar work within the last three (3) years with a cost equal to or in excess of the Bidder's Bid; and (2) has successfully completed at least three (3) public works projects. The City's disqualification of a Subcontractor listed for the traffic signal and striping work does not disqualify a Bidder. However, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor - without an adjustment of the Bid Price. 2. Responsive Bid. A responsive Bid is a Bid which conforms, in all material respects, to the Bidding Requirements and Contract Documents. 3. Responsible Bidder. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the Contract Documents. 4. Competency of Bidders. In selecting the lowest responsible Bidder, consideration will be given not only to the financial standing but also to INSTRUCTION TO BIDDERS Contract No. CS-05349 19. the general competency of the Bidder for the performance of the Work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public works for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder's experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, safety record and protocols and other factors which could affect the Bidder's performance of the Work. AWARD OF CONTRACT The City reserves the right to reject any or all Bids and to waive any or all information or technical defects,astheinterestoftheCitymayrequire. AwardofContractorrejection of Bids will be made by the City within ninety (90) calendar days following the Bid Opening. BASIS OF AWARD A. A Contract will be awarded to the lowest responsive and responsible Bidder meeting all requirements set forth in these Bidding Documents. B. City reserves the right in its sole discretion to select any, all, or none of the Bid Alternates at the time of award of the Contract, regardless of whether such Bid Alternates were used in the analysis to determine the lowest Bid. EXECUTION OF CONTRACT Within fourteen (14) calendar days after being notified by City that it has been awarded the Contract, Contractor shall deliver to the City the following documents: A. Three (3) copies of the Contract in the form included herein, properly executed by Contractor and, if Contractor is a corporation, evidence of its corporate existence and that the persons signing the Contract are authorized to do so. All signatures must be notarized. B. Properly executed copies of the (a) Performance Bond (b) Labor and Material (Payment) Bond and (c) Maintenance Bond in accordance with the requirements set forth in Article 13 of the General Conditions and in the form shown on Exhibits I ,2 and 3 attached thereto. All signatures must be notarized. C. Properly executed policies of all of the following: (a) the Commercial General Liability Insurance, (b) the Automotive Liability Insurance, and (c) Professional Liability, if required, and (e) the corresponding endorsements for each policy in accordance with the requirements set forth in Article 12 of the General Conditions. In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for 20. 21. lNSTRUCTION TO BIDDERS 0 Contract No. CS-0534 22. the State of California, or on days when City Hall is closed, the aforesaid documents shall be delivered by the following Working Day. After receipt of said documents within said time period or any extension thereof granted by the City, the City shallexecute the Contract and return one (l) of said three (3) copies to Contractor for its files. PUBLIC RECORDS City seeks to conduct its business openly. Except as set forth in paragraph 8.A., upon opening, all Bids shall become a matter of public record and shall be regarded as public, with the exception of those elements of each Bid that are identified by the Bidder and plainly marked as "trade secret," "confidential," or "proprietary," including any Statement of Qualifications and financial statements to be submitted by Bidders. Each element of a Bid which a Bidder desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents, or other, non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If City receives a request from a third party to make a Bid available for inspection and copying, the City will notify the Bidder of the request. If a Bidder instructs the City that the information is not to be released, City will withhold the information, provided, the Bidder expeditiously seeks a protective order from a court of competent jurisdiction to prevent such release. If disclosure is required under the Califomia Public Records Act or otherwise by law (despite the Bidder's request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof. Bidder shall indemnify, defend (including Bidder's providing and paying for legal counsel for City), and hold harmless City, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, costs, or expenses arising out of or alleging City's refusal to publicly disclose one or more records that Bidder identifies as protectable, or asserts is protectable. PREVAILING WAGE RATES AND EMPLOYMENT OF APPR-ENTICES A. Prevailing Wage Rates. The Bidder and all Subcontractors shall utilize the relevant prevailing wage rate determinations in effect on the first advertisement date of the Notice Calling for Bids in preparing the Bid Proposal and all component price quotations, provided, however, that when Davis Bacon wage rates apply, such rates are subject to increase by written notice, issued by Addendum not less than l0 calendar days before the Bid Deadline. Pursuant to California Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California and the United States Secretary of Labor have determined the general prevailing wage rates in the locality in which the Work is to be performed. Said rate schedules are available on the lnternet at www.dir.ca.sov/DLSR/PWD/. The wage rate for any classification not listed, but which may be required to execute the Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing 23. INSTRUCTION TO BIDDERS Contract No. C5-0534lt similar or comparable duties. To comply with Califomia Labor Code Section 1773.2, Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall also comply with the requirements of California Labor Code Sections 1773 et seq. Apprenticeship Committee Contract Award Information. Pursuant to California Labor Code $ 1777.5 and Title 8 of the California Code of Regulations $ 230, Contractor and Subcontractors of any tier who are not already approved to train by an apprenticeship program sponsor shall, within ten (10) calendar days of signing the Contract or subcontract, as applicable, but in any event prior to the first day in which Contractor or Subcontractor has workers employed on the Project, submit the Public Works Contract Award Information form (DAS Form 140) to the appropriate local apprenticeship committees whose geographic area of operation include the area of the Project and who can supply apprentices to the Project. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract or subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. D. Notice to Subcontractors. Bidders shall notify all potential Subcontractors submitting price quotations for portions of the Work of the requirements concerning payment of prevailing wage rates, payroll records, hours of Work, and employment of apprentices. SPECIAL CITY REQUIREMENTS Special City forms and their instructions are an integral part of these specifications and failure to submit same may be grounds, in the sole discretion of the City, for rejection of any Bidder. A. Living Wage Ordinance and Prevailing Wage Where Applicable. Contractor, and Subcontractors, if any, shall comply with the terms and conditions of Ordinance No. I 187, the City's Living Wage Ordinance. Upon request, certified payroll documents shall be provided to the City. If there is a difference between the Vernon Living Wage rates and the California Prevailing wage rates for the same classification of labor, Contractor and subcontractor shall not pay less than the highest wage rate for that classification. B. C. 24. INSTRUCTION TO BIDDERS t2 Contract No. CS-0534 25. B. Equal Employment Opportunity in Contracting. The City of Vernon is committed to a policy of equal opportunity in contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. Contractors expressly agree to comply with the City's ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting the Contract. Contractor certifies and represents that during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their are not discriminated against because of their race, religion, religious belief, color, national origin, citizenship, ancestry, disability, sex, age, medical condition, pregnancy, sexual orientation or marital status. Contractor certifies that it will not maintain any segregated facilities. Contractor shall comply with all applicable Federal and California laws including, but not limited to, the California Fair Employment and Housing Act (California Government Code Section 12900, et seq.), Califomia Labor Code Section 1735, and The Americans with Disabilities Act of 1990 (42 U.S.C. l2l0l et seq.). Contractor shall require like compliance by all Subcontractors employed on the Work. BID PROTEST PROCEDURES A. Any Bidder submitting a Bid directly to the City and eligible for award of the Contract may file a protest if the Bidder complies with all of the following requirements and conditions: 1. The Bid protest is in writing; 2. A protest based upon alleged defects or improprieties in the Contract Documents is filed with the City prior to the Bid Deadline; 3. All other protests are to be filed and received by the City no more than five (5) calendar days following the City's notice of intent to award the Contract; and 4. The written Bid protest sets forth, in detail, all grounds for the Bid protest, including without limitation: all facts, supporting documentation, legal authorities, and argument in support of the grounds for the Bid protest. AII factual contentions must be supported by competent, admissible, and credible evidence. B. Any matters not set forth in the written Bid protest will be deemed waived. Any Bid protest not conforming to the foregoing requirements and conditions will be rejected by the City as invalid. INSTRUCTION TO BIDDERS l3 Contract No. CS-0534 C. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder's submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal, state, and local laws. IEND OF DOCUMENTI INSTRUCTION TO BIDDERS l!t Contract No. CS-0534 BIDDING FORMS BIDDER'S PROPOSAL The underslgned submits thh Bld ln response to the Notice lnvitlng Blds lssued by tho City to constuct the Work of the followlng Prolect ln accordance wlth the Contnact Documents: PROJECT: A. Endosed herewith ard by thls reference incaporrated hereln and made a part of this Biddeis Bid are the followirg cbmpleted folms: Bldde/s Proposal Schedule of Bid Prlces lncumbency Certiflcate Bld Securlty ln the following form (dteck one): n Cashter's Check E CermeO Check XJ aia Bond E Cash 2 3 4 5. 6. 7. 8. 0 10. 11. 12. 13: 14. Bldder's Statement of Qudifhatlons Experience Fom Statement of Vlolatlons of Federal, State or Local Laq if appllcable Conhactor Safety Queslionnaire Deslgnation of Subcontnactors Specialty Contractor Statement of Qualifications Conkacto/s Affldavit of Nonmlluslon lnsurance Requkements Affidavit Statement of Dlsqualiflcatlon or Debarment. Pre-Bid Site lnspection Certlllcation, Acknowledgment of Addenda. The Bldder shall acknowledge the receipt of atl Addenda by attaching a slgned copy of all Addenda, and by listing allAddenda received and attached in the space below, 1 lf an Addendum or Addenda have been lssued by lhe City and not attached and noled above as being recelved by the Btdder, the Bid may be rej,ected. lnspectlon of the Work and Contract Documenls, Bldder certifles lhat it has carefully examined and is fully familiar with all of the provisions of the Biddlng Documents and sald Bldding Documents contain suffrcient detall regardlng the Work to be performed; that it has notified Gity of any errors or omissions in the Bidding Documents and/or any unusual site conditlons; and lhat it has carefully checked all words, prlces, and statements in this Bidding Document. Bidder hereby certifies that he/she and his/het Subcon(ractors have inspected the site and related Drawirrgs and Speciflcations of Work and fully acquainted themselves wilh all BF I of38 C conditions and mattep whbtr may in any way afiect the Work llme of complelion or the cosls thercof. BEder also certiRes tre/sne m oneerviO ttr6 deslgnated Contractor Work areas and amoss routes, if dlsclosed or shown, m part of tre Work ln thls Contact. SM NSPECTION . CERTIFICATION: Person(s) who inspected site of the proposedWorkfuryourlirm: titame: Ravmond Sao-q[ee Date of lnspecllon 0F/09/1 5 Ti[e: Narne: TItle: Estimator Brea Date of lnspecthn D. Bidder agrees strown ln tlre Bidding Documents, including.work reasonably inferable lherefom and necessa ln hisltrer BU. AllWork shown ln the Cont"ct Documents fur whlch a Jp.rmrfln. it"m ls not Form is.included ln the Bidde/sTohl Base BH Price. her agrees that, in case rcqiire-d tre requlred lnsurarre' SeourllY CltY towards PaYment of t of such F. perlod of lnerrocablllty. BHder agrees that this Bld $rall remain open and shaU mt be wllhdra,vn for a fi1oa oi *t to" tran nfnetyigg)'catenOai days frwn the date of award of bontnact, or un0l refecled by the City' ufrichever perlod ls shoiler. G. Bld Ospute Indemnlflcallon. ln the ev the Clty acceptarrce of same, lhe Bktder shall fire Clty, ih Clty Courrcllmembers, ernpbyees, trerefrom lf zuctr dispute oraclion adses solely laws. emplorea gf the Cltv of Vernon. I hereby cerlify under penalty of pe{ury under tre laws of the State of Calibmla that the represenialbrs made herein ao true and corect. Erecutedlhls 10th dayof June 2015 at CIty Blddefa Proposal Respec{fully Submltted, BF2of30 ( NAME OF BIDDER COMPANYNAME: Sullv-Miller Contracting Companv ADDRESS:135 S. State College Blvd., Suite #400 Brea. CA 92821 _ CONTACT pERSoN: Charlie Pessa TELEPHONENUMBERT 7141578-9660,, FAXNUMBER:7141518-9672 E-MAIL: cha rlie. pessa@sully-m iller.com CALIFORNIA STATE C0NTMCTOR'S LICENSE NUMBER: 747612 EXPIMTION DATE: 03/31 /1 6 TMIDENTIFIOATION NO.: 33-0787630 , SUREW COMpAlrly: Please see attached lnformation Sheet All Bid forms must be slgned where so indlcated by lhe person or p€rsons duly authorized to sign on behalf of the Bidder. By slgnlng the Bld, ths porson signing is deemed to represent that he or she has authority to bind the Bidder. Failure to slgn the Bldder's Proposal may lnvalldate tho Bld. BTDDERS PR0P0SAL - STGNATURE(S): Form of Entlty of Bldder: Please check the appropriate signature block below and fill in all related information. l-l sote Proprietorship: By: Title: Prinled name of person signlng Slgnaturo Llst all d/b/a s: l-l eartnershtp: fl ceneralPartner E t-imiteu partner Printed narne of person slgning By: Signature BF 3 of3B €o. . C3fll' .. (4, : qq .:Gi: : o.cL eri) . (.. <{.. mL ..+ CJ.t4. +i '6: b, a.-c o o 6 o t_!_ Mi-r. (5 (-J /-" =-t-.,=U <drt !.. .- Z.or) ,.,.L,tll;[:'. !..U, ${= E=f-\"' !.'co' ):trq -*!'HI H.[\" ff.t .E EdEC,JO a EC (.d 0. EA. trt(4 ">fiiurffia JUJ riJ(j l,-J Srirl--bLfiL .o C, o ,.\) rJ (l () itsa :: I ,l ,l.t :: :: :t i: l:l ::i ::l:lI t I:l :l tl 1!--l:l,] 'i ,n ,,1 I :I ,:i ::1 :l.1t :il ::t :l'l:J ::l i:l .-j i . STJLLY-IVIILLER CONTRACTIhTG CO. Lbeose 7176124 735 S. STATE COLLF.GE BLVD,, SUITE 4OO .' BREA, CA 92821 O PHONE 714-578-9600 The Follov,ring are the narmes, aeldlcsses, anel 'telcgrhone lrumloers for all larokers and sureties fronr whom Bideler lntends to loroeure ii'lsuranee alrd bomds: Agent for Sui'eiy: Willis Risk & lnsurance Ser',rices 18101 Von Karman Avenue Suite #600 I'rvine, CA 92612-14041 Fhone 94.91885-1206 FA)( 94.9/885-1225 Contact: Victoria Campbell Surety: [-ibe(uy illutual lnsurance Co. 8044.Montgomery Road Suite #137 Cincinnaii, OH 45236 Fhone 51 3 1984-2222 )( 321 FAX 513/984-3165 Contact: Kelley Biown Sureiy: Fideliiy and Deposit Co. of t\laryland One Upper Road, Building EiF Parsipanny, NJ 07054. Phone 973t394-5117 FAX 973/3s4-5157 Contaci: Chris Celentano Mgr lnsurance: !-iberiy Mutual Group 1 1 33 Avenue o{',/-\merica filew York, t\lY 10036 F h o ire 800 I 2-27 -gBB7 F-><t 44?: FAX 2_12t391-1954 lnsurance: tVlarsh t-iSl\ 44.5 Souih Streei Suite 2i 0 [Vlo rristo',,.rn, iVJ 07962 firho ne 97 3 t 4D'l-5 1 i-i 1 [:AX 973/r!01-5t-rr15 Cc rri-a,; i : l\,n ir:: i-l Scfirn iti lfl corporation: Slgnature [l ,o,*Venture: E Corporarion fl Partnershlp fl tndtviduat E ottrbr Prlnted name of penson signing Signature Nams of all Jolnt Venturers: [lf the Bldder is a corporatlon or a limlted llability company, enter state or counly of incorporation in addition to lhe fiuslness address and lnclude an incumbency certificate executed by a Secrelary lhereof hr lhe form set forth herein listlng each oftrcer with slgnlng authority and his/her correspondlng olllce. lf the Bidder ls a partnershlp or joint venturer stating that the respectlve partnet or ioint venturer agrees to be held Jointly and severally liable for any and all of the dut[s and obllgations of the BHder under tha Bld and under any contract arisirrg therefrom, Attach evldence to the Bid Proposal Form that the individualstgning has aulhority to do so,l By:Corporate otficer Tltle: Assista nt Sgcretary By: Ttle: BF 4 of38 CALIFORI'IA ALL.PURPOSE AGKTIIOWLEDGTEI{T crvrL coDE s 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the documenl to which this certiftcate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of Orange On June 10.2015 before me,Maria L. Ruiz. Notarv Public Date personally appeared Here lnsert Name and Title of the Officer Dennis Gansen who proved to me on the basis of satisfactory evidence to be the person(s) whose lame(s) is/are subsiribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaciMies), and that by hiVher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and conect. Name(s) of Signe(s) Place Notary Seal Above OPT'ONAL Though thrb section is optional, compteting this information can deter altention of the document or fraudulent reatlachment of this form to an unintended document- Description of Attached Document city or v"*n _ strulon r Boyi€ - Title or Type of Document:ShntuE PEoc Document Date: Number of Pages: Signe(s) Other Than Named Above: Capacity(ies) Claimed by Signe(sl Signer's Name: Dennis Gansen E Corporate Officer - T'itle(s): Assistant Secretary E Partner - U Limited E General tr lndividual E Attorney in Fact Signer's Name: E Corporate Officer - Title(s): tr Partner - tl Limited flGeneral ! Trustee tr Guardian or Conservator E Trustee tr Other: tr lndividual D Attorney in Fact E Guardian or Conservator E Other: Signer ls Representing: Sullv-Miller Contracting Co. Signer ls Representing: n,tnnrn l.TLrf- .Commissron # 2003065 Notary public _ Cafitornr-a Z ^_Los Angeles County : @2014 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6824 ltem #5907 ) ) CERTIF'ICATE OF' INCUMBENCY AI{D RESOLUTION I, Anthony L. Martino, II, do hereby certify that I am the Secretary of Sully-Miller Contracting Company, a Delaware corporation, and that as such I have access to and custody of the corporate records and minute books of said corporation. And I do hereby further certify that the following persons are duly elected officers of said corporation. TITLE President Vice hesident, Chief Financial Officer and Treasurer Vice Ptesident of Operations Vice President Secretary Assistant Secretary Assistant Secretary Assistant Secretary NAME David Martinez Timothy P. Orchard William Boyd Scott Bottomley Anthony L. Martino II Jae Won Raymond Sanchez Dennis Gansen I firrther certiff that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on December 10, 2014, and that this resolution has not been in any way rescinded, annulled, or revoked but the same is still in firll force and effect: ..BID TENDERS: GENERAL RESOLVED, that any officer of the Corporation be and they hereby are authorized in the narne and on behalf of the Corporation, under its corporate seal or otherwise (i) to prepare proposals and bids for the supplying of construction materials and the perfonnance by itself or in joint venture, of work of whatsoever nature in connection with the construction or paving of highways, roads and airports and in connection with earttrworks and civil engineering projects of all kinds, together with all work incidental thereto, (ii) to execute and submit any and all such proposals and bids to any goverffnental authority, instrumentality, or agency of the United States, its several states, territories and possessions, including without limitation, any municipality or other political or corporate subdivision thereoi and to any corporation, partrership, sole proprietorship, or other business entity, (iii) in corurection with any such submission, to deliver bid deposits or bonds as may be required and (1v) to execute and deliver defrnitive agreements binding the Corporation to perform work in accordance with any proposals and bids authorized hereby." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 3rd day ofJune 2015. Secretary Sully-Miller Contracting Company 135 S. State College Blvd., Ste. 400 Brea, CA 92821 (sEAI-) SCHEDULE OF BID PRICES PROJECT: Slauson & Bovle Sfreet & Traffic lmprovements. Contract No- GS'0534 BIDDER'5 p416 E; Su I ly-M il le r Co nl44lng lp1Tpe ny ./' ,* Pwsuant to and in compliance with your Noflce lnviffng Bids and Conlract Documents relatlng to the Proiect inctudlng all Addenda (attach slgned coples), Bldder, having become lhororrghly familar wlth lhe terms an-d conditions of the Contrmt Documenls and witli local condltions aftecting the performance and the costs of the Work at the place where the Wotk is to be done, hereby proposes and agrees to full!, perform the Work wilhln the time slated in stict accordance with the Contmct Documents (lncludtng the furnlshlng of any and all labor, materlals, tools, expendable equlpment, and utility and transportalion services necessary to fully perform the Work and complete it ln a workmanllke manner) for the Grand Total of: *u-L 'h---yAa--A3: BID TEM # DESCRIPTION UNIT ow UNlT PRICE TOTALCOST 1 Unclasslfled excavation - sawcut, removal, and dlspsalof asohalt oavement concrete. aoqreoate base & soil. CY 1,772 $to --$lqt)t r.' 2 Cold Recycllng by Central Plan method of cold planed asphalt concrete and placement of recycbd asphatt to a 4" denth (emulsion and addltive under a separate bid item). SY 9,571 $ r3,'$ teyxl 3 Cold Recycling by CentralPlan method of cold planed asphalt concrele and placement of recycled asphalt to a 3' deplh (emulslon and additive under a separate bld item). SY 9,581 $ 7rr,5o gtou,6*? 4 Cold Recpling by Central Plan method of cold planed asphalt concrete and placement of recycled asphalt to a varlable 2 to 4'depth (emulsion and additlve urder a separate bld ltem). SY 358 $a,7t $4,scY,r" 5 Cold Recycling by Central PIan method of cold planed asphalt concrete and placernent of recycled asphalt to it varlable 2' to 3" depth (emulsion and additive under a -separate bkl ttem). SY 635 fi /o,So $@@ 6,aczf 6 Uniform cold plane cutting, ? deep,SF 25,772 $.5o $l)/w6. - 7 Uniform cold plane cuttitrg, 4" deep,SF 34 650 /"/s 37,89t'- B Uniform cold plane cutting, 6" deep,SF 134,174 fi.cs $€z,st3.t" I Variable cold plane cuttlng, 0" to 2 deep.SF 3,419 $ .35 fil,17c,Gt 10 Variable cold plane cuttlng, 4'to 6" deep,SF 15,858 $,Eo $77 ) ?. BF5of3B I BID ITEM # DESCRIPTION UNT QTY UNIT PRICE TOTAL COST ( ( 11 Varlable qoH plane cutling, 5'to 6'' deep.SF 31,273 $,bo $ tg)cLtu 12 Emulslfled recycllng agent for asphalt concrete C,old Recvclino Drocess.TON 115 $ goo.'$ ?l,oo",. 13 Additlve for asphalt concrete Cold Recycllng process.TON 35 g/Gs.'$-{lts 14 Conslruct 2' [hlc[< Latex Modified AC overlay C2-PG70-10.TON 2,410 $gg, '$ I l.l,crro. 15 Conslruotnew B-PG 70-10 Asphalt Pavement in accordance with the plans and specificatlons.TON 1,333 fi107.-$lSvctl 16 Construct 8' thlck crushed miscellaneous base ln accordance with the plans and specifications.SF 23,255 $ l,bs $lg,n"7e 17 Conshuct 10'thlbk High Early Slrength concrete pavement with wire mesh and rebar dowels on B' thick crushed mlscellaneous base. SF 22,531 iq lS Ysot,l{." 18 Construct 3,5" thick Concrete Sidewalk per City Std. Plan PV582 , SF 5,934 $s,3o $Ji,yfrY 19 Construct modifled B" thick Hlgh Early Strength concrete driveway perCity Std. Plan PV693. lnclude B'imbedded #4 rebar 12' OiC with 4' mln cover at concrete iolns, SF 82t $ tl,-rzot,, - 20 2t Construct B' thlck High Early Strength concrete driveway oer Cltv Std, Plan PV693.SF 1,363 $ ll,'$ tf,trt.' Construct varlable B' to 10' hlgh concrete curb & gufter per . Clty of Vernon Std, Plan PV582 includlrg 6" thlck CMB, 16' wlde qutter unless otheruise noted on lhe plan. LF 1,320 $7),-$s5ylo 22 Construct 8" high concrete curb and gutter per City of Vernon Sld. Plan PV693lncluding 6" thlck CMB with 1' qutter, LF 8B $'r) '$3$7c 23 ConstructQ" thick Concrete Curb Ramp tncludlng Truncated Domes per Callrans Std. Plan RSP ABBA, EA 5 $);,p.'$ //r5.o. 24 Double adlust (before uniform cold plane and after final pave) ed$tlng manhole frame and cover. EA 31 $3*- ''$Jt Boo 25 Adjust existing manhole frame and cover to grade.EA 6 $$oo '$f,too. 26 Construct Ttuncated Domes 4'x3' (gluo down type) on concrete walkway pet Caltrans Std, Plan RSP A88A. EA 2 $.t tt. '$l,o5o. 27 Construct variable concrete cap on gulter from 2' to 3" thick where noted on plans,LF 719 $]/$/So7f, 28 All trafflc slgnal wo* al Bandlni Blvd and 710 Highway Off- Ramp, Cost shall Include all eleclrical work, installalion of new loops, conskuction of new ramps and striping as shown on the plan. Cify shall provlde required traffb signal pole, mast arm, and luminaire. _ . LS 1 $S5,ooo. /$99r"o"- 29 All traffic slgnal work at Santa Fe Avenue and 28th Sheet. Cost shall Include all electrlcalwork, lnstallatlon of new loops, constructlpn of new ramps and shlping as shown on the plan. LS 1 r7r*$ ? ),tu, BF6ofBB BID ITEM * DESCRIPTION UNIT QTY UNIT PRICE TOTAL COSI i: AII tnafftc slgnalwork at Slauson Avenue and Alcoa Avenue. Cost shall include atl electricalwork onty, Traffic loops, slreet striping and concrete ramps at thls intersectlon shallbe paid under the correspondino bid item LS 1 rf ),*'$ _-5 Jrocs' 31 Furnish & lnstall 6'diameter, 4" deep, Type "E", round traffic siqnal looo includino'home runs', EA M $aso.'$ /1txto. ' 32 Slrlplng, legends, marklngs, reflectons, etc.LS I $)g5.ro.'$;tor.soo. 33 Fumlsh & lnstallStardard ConshucUon Sign (4'x6') per Citv Std. Plan MV2217, EA 4 ${Af.'$ l,)o". 34 Tree Removal and Dhposal.EA 5 $g-9o. '$1) to 35 lnstallalion of new trees per City Std. Plan MV1B91 EA 5 $ 1,soo. '$6,ooo. 36 Crack SealRepaii.LS 1 $t7.w.-$ ll,.,,oo' All other work items, labor, matedals, tools and incidentals which are nof speclflcally lbted in lhe above bld ltems, but are necessary to complele the project per speclflcations, and all other applicable slandards and codes are consldered to be lncluded in the above bid items. lf there is a dlscrepancy betr,veen (1) the "Grand Total" shown above, (2) any of the "total cosk" shown in the far right column above, or (3) the lndlvldual Unit Price, then the Unit price shall control over the total cost, and the total cost shall conlro! over the total. lf, however, the unlt price is amblguous, unintelllglble, or uncer{aln for any cause, or is omitted, or is the same amount as the entry for the item total, then the item tohl shall prevail and shall be dtvlded by the estimated quanfity for the item and the prlce thus obtalned shall be the unlt prlce. Bldder shall exclude the cost of Perrnlt Fees from Bidder's Base Bid sum. BF7of38 135 S. State College Blvd., Suite if400 Brea, CA 92821 Slgnalure Eennls Uansen Address Assistant_Secretary Title 03/31/16 __ Date of Bplnatlon 747612-A Llcense Number (SEAL - if Bld ls Atlest Amount of Certified or Check or Bld Bond 10% Bidder's Bond Name of Bondlng Company Please See attached lnformation Sheet '. BF I of38 GALIFORIIIA ALL.PURPOSE ACKilOWLEDGTEI{T GML CODE S 11&9 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 Califomia County of Orange on June 10, 2015 before me, Maria L. Ruiz. Notary Public , Date Here lnsert Name and Title of the Officer personally appeared Dennis Gansen Name(s) of Signeds) 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/shelthey executed the same in his/hrer/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALW OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary SealAbove OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document cry o, v"* _ srauson f, Boro - Title or Type of Document:Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:Dennis Gansen Signer's Name: ffi Corporate Officer - Title(s): Assistant Secretary E Partner - tr Limited tr General ! lndividual tr Attorney in Fact E Corporate Officer - Title(s): tr Partner - tl Limited flGeneral E Trustee tr Guardian or Conservator tr Other:! Other: Signer ls Representing: tr lndividual! Trustee tr Attomey in Fact tr Guardian or Conservator Signer ls Representing: S Jttv-tr,tit ter Contractin--q 6 @2014 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #5907 ^ljil!frll i'j,!i*;: BTDDING FORMS INCUMBENCY CERTIFICATE Print leglbly the names and. title of lho prosldent and all ofiicers of the Company who are authorized to slgn the Bid Forms: TITLEI * Please see attached Certificate of lncumbency and Resolution Vernon lhat he/she ls the duly elected and acflng Secretary of (tho'Company), and lhat, as such, he/she is authorized to execute this lncumbency Certlflcate on behalf of the Company, and further certifles that the Persons named above are lhe duly elected, qu'atititA and acling oflicers of the Compiny, holding on the date horeof, lhe litles and poslllons set forth opposite thelr names and are aulhorized to sign the Bld Forms. lN WITNESS WHEREOF, the undersigned has oxecuted this lncumbency Cerliflcate lhis 1Oth. day of June ,201_5 Dennis Gansen Assistant Secretary Secrelary's Signature BF 9 of38 I I I I I I I I I I I I CERTIUCATE OF' INCUMBENCY AT{D RESOLUTION I, Anthony L. Martino, II, do hereby certiff that I am the Secretary of Sully-Miller Contracting Company, a Delaware corporation, and that as such I have access to and custody of the corporate records and minute books of said corporation. And I do hereby further certiff that the following persorur are duly elected officers of said corporation. TITLE President Vice President, Chief Financial Officer and Treasurer Vice President of Operations Vice President Secretary Assistant Secretary Assistant Secretary Assistant Secretary NAME David Martinez Timothy P. Orchard William Boyd Scott Bottomley Anthony L. Martino II Jae Won Raymond Sanchez Dennis Gansen I further certiff that the following is a true and conect copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on December 10,201,4, and that this resolution has not been in any way rescinded, annulled, or revoked but the same is still in firll force and effect: *BID TENDERS: GENERAL RESOLVED, that any ofEcer of the Corporation be and they hereby are authorized in the name and on behalf of the Corporation, under its corporate seal or otherwise (i) to prepare proposals and bids for the supplying of construction materials and the performance by itself or in joint venture, of work of whatsoever nafire in connection with the coustruction or paving of highways, roads and airports and in connection with earthworks and civil engineering projects of all kinds, together with all work incidental thereto, (ii) to execute and submit any and all such proposals and bids to any govemmental authority, instrumentality, or agency of the United States, its several states, territories and possessions, including without limitation, any municipahty or other political or corporate subdivision thereof, and to any corporation, partnership, sole proprietorship, or other business entity, (iii) in connection with any such submission, to deliver bid deposits or bonds as may be required and (iv) to execute and deliver definilivs agreements binding the Corporation to perform work in accordance with any proposals and bids authorized hereby." IN WLTNF,SS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 3rd day ofJune 2015. Secretary Sully-Miller Contracting Company 135 S. State College Blvd., Ste. 400 Brea, CA 92821 (sEAL) CALIFORilIA ALL.PURPOSE ACKI{OWLEDGTEIIT clvrL coDE s 1189 A notary public or other officer completing this certifcate vaifies only the identity of the individual who signed the documeni to which this certificate is attached, and not the futhfulness, acculttcy, or validi$ of that document. State of California County of Orange on June 10, 2015 before me, Date Maria L. Ruiz. Notarv Public Here lnsert Name and Title of the Officer personally appeared Dennis Gansen Name(s) of Signe(s) who proved to me on the basis of satisfactory evidence to b9 !h.e persol(s) whose name(s) is/are subsiribed to the within instrument and acknowledged to me that he/she/they executed.the same in hiVher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s)' or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and corect. WITNESS my hand and officialseal. Place Notary SealAbove OPTIONAL Though thLs sectrbn is optional, completing this information can deter altemtion of the documant or fraudulent reattachment of this form to an unintended document, Description of Attached Document cru orvmon - srausn & Boyrc _ Title or Type of Document:rn@ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:Dennis Gansen Signer's Name: E Corporate Officer - Title(s): Assistant Secretary D Partner - tr Limited E General tr lndividual E AttorneY in Fact X Corporate Officer - Title(s): n Partner - tr Limited Il General ^ MA8IA L.TF uomnrission # 2003065 Nolirry prrblic C.f,frrr" !, ^,?. Angeles Countv I ^,nm F lt tr lndividual tr Attorney in Fact tr Guardian or Conservatorn Trustee E Guardian or Conservator E Trustee tr Other:D Other: Signer ls Representing: sJttv-Miller Contractint Co Signer ls Representing: @2014 National Notary Association . www.NationalNotary.org ' 1-800-US NOTARY (1-800-876-6827) ltem #5907 ) ) BIDDING FORMS Bond No,: 6837731 Premlum Amount: $--nla Bond's Effectlvs Dato: -6/31L5-- BID BOND RECITALS: 1, The Clty of Vemon, Callfornla ('Clt['), has lssued a Notlce lnvltlng Bids for the Work described as Iollows; Contract No. CS.0534: Slauson & Boylo Sheet & Tralllc lmprovemenls In Vernon, CA. f PmJectJ. 2, ln rosponse to the Notlce lnviting BIds, 135 S State Collese Blvd., Ste 4oo, d;;;';"ilil ('Prlnclpal"), has submitted ihe accompanylng Bid forthe Prdoct, 3. Principal is required under lhe terms of tho Spociflcatlon-and all Blddlng Documonts roferenced in it-to furnish a bond with the Bid. 4, The Speciflcatlon, lncludlng all i(s amendments and supplenrents, and Principal's Bld are incorporated into thls Bond and mado a part of lt by thls reference OBLIGATlON: THEREFORE, for value received, We, Princlpal and Liberfu Mutual lnsurance Comoanv (Name, address, and telefione of Sutety) (Suret/), a duly admltted surety lnsurer under California's laws, agree as follows: By thls Bond, We jolntly and severally obllgate and bind ourselvos, and our respectlve heirs, executors, administrators, successors,andasslgnstopayCitythepenal sum0f TenPercenfofthetofal-amorrnt.bid----,---=---.-u-,,. Dollars /c 1 arnount comprising not less lhan TEN PERCENT (10%) of Principal's Base Bid, in tawful moneyof the tliil 3i;ilf Ari#;;. The Calltornla Ltcensed Resident Agent for Surely ls: Willis lnsurance Services of CA 18101 Von Karman Ste. 600. lrvine CA 92612' (Name, address, and telephone) Regislered Agenfs Californla Department of lnsuranco Llcensa No. -Q3Z!Zl!THE cONDITION OF THIS BoND'S OBLIGATI0N lS THAT, lf: (1) Principal does not (a) withdraw its Bid for the poriod specilied in lhe Biddlng Documents, or-if no period ls speci{ied-for ninety (90) calendar days aftcr Clty awards lhe Contmct for ' the Pmject, or (b) attempt to withdraw ib Bid when the requlrements of Calitornid Pubiic Contract Code $5101 o[ seg,, or any succesior legislalion, aro not meti or (2) Ctty awards Prlncipal the Contract in responso to Principal's Bid, and withln the timo and manner speciled by the Specillcatlon or Contract Documents or-lf no period is specified-within fourteen (14) calendar days after the Contracls aWard, Principa[ (a) signs and delivers to Clty the Conkact, in accordance with the Bid as accepted, (b) fumlshes the requhed bonds for not only Princlpal's faithful podormance and proper fullilhnent of the Conkac( but also Princlpal's payment for labor and materlals used [n the Project, and (c) furnlshes tho required insurance, then this obligation becomes null and void. Otherwise, lhts Boud remains in ftrll force and effect, and the followlng terms and conditlons apply to this Bond: 949-885-1200 Surety's obligatlons under thls Bond are separate, lndependent ftorn, and not contingent upon any olhcrsuroty's guaranteelng that upon City's awarding the Contract to Princlpal, tho Principal will enter into the Contract with CIty. No rlght of acflon iccruos on this Bond to any entlty olher than City or its successors anrl asslgns, BF10ol38 ( BIDDING FORMS 3. lf an acUon at law or in equl$ [s necossary to enforce or lnterpret thls Bqnib ter1s.,.!lety mustpay- ln addltion to the Bonded- bum- Clty's reasonable att.ineys' fees and lltlgallon cosls, ln an am.unt th' c.un lxes. 4- Suretv shall mall cltV Wrltten noflce at least 30 days before: (a) the effecllve dale on whlch lhe surety wlll cancel, termlnate' or" ;iti d;.i;'1][m'rtrts A6nO;or (U)trls Bond becomss vold or unenforceable forany reasgn' on the date set forth below, prtncipal and surety duly exeouted thls Bond, wlth the nante of each pa[y appearlng below ile;is;;et, 6 reptesentative(si under the auihorilv of lts sovemlng body' hafo. June 3.2015 (Name) Ito, Assi stant Secretarv..-. (Tltlo) Address for Selvlng Noflces or Other Documenls: 135 S State 9ottege Blvd.. Ste 4OO-E-re{,CFW- SURETY: (Name) Its: Attomey-in-FL (Tltle) Adclress for SEwlng Notlces or Other Documents: 8044 Montg omery Roa_d,-Ste_l-50 E- -Cincinnati, OH 45236 PRTNCIPAL: (Slgnatute) CORPOMTE SEAL WIDENCEMIJSTBEAT7ACHEDOFTHEAITTHORI'I\I OFANY PERSOAI SIGA/'IVGASATTORNEY''ru'FACI' t ie an oau rr-w-racrs s,GrvA ruRE MUsr BE NoT ARIzED' A CORPOMIE SEAL MUSI BE 'MPRESSED ON IH'S TONTW WUTU ruC PRINCIPAL' OR THE SIJRErY' OR BOTH' AREA CORPORA?7OA/. BF 11 of38 UORPOFATESEAL I I CALIFORXIA ALL.PURPOSE ACKI{OWLEDGUE]'T cML CODE S 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) )County of Orange on June 10. 2015 before me, Maria L. Ruiz. Nota,ry Public Date Here lnsert Name and Title of the Officer personally appeared Dennis Gansen Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iVare subsiribed 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 of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [.os Angeies Countv 5 LI. _ My Comm. Eipires Jan i.ZOn?.; --n. :PF'iB'\F{, Place Notary SealAbove OPT'ONAL Thwgh this section is optional, completing this information can deter altention of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document ory orvmn - sr*m a aoyb _ Title or Type of Document:Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(sf Signer's Name:Dennis Gansen Signer's Name:I Corporate Otficer - Title(s):X Corporate Officer - Title(s): Assistant Secretary I Partner - flLimited D General tr lndividual tr Attomey in Fact ! Partner - D Limited E General tr lndividual D Attomey in Fact - Trustee E Guardian or Conservator E Trustee tr Other: fl Guardian or Conseruator fl Other: Signer ls Representing: sittv-tlitter Contraaini Co. Signer ls Representing: @2014 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #5907 MARIA L RUIZ Commission # 2003065 Notary Public - Calilotnia .e WITNESS my hand and officialseal. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT clvrL coDE s 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docurnerrt to which this cedificate is attached, arrd not the truthfuhess, accuracy, or validity of that document. State of California ) )County of Or JUN 0I 2015 before me,Mary Lee SaDorito, Notary Public Date personally appeared Here Insert Name and Title of the Officer Victoria M. Campbell Name( of sionerrf) 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*re/she/theyexecuted the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MARY LEE SAPOBITO Commission # 1964688 Notary Public ' Calilornia Los Angeles Counly Signature Comm.Oec 24, 20 I 5 Place Notary Seal Above OPTIONAL Though thr's section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Docurnent: Number of Pages: Signe(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:Signer's Name: E Corporate Officer - Title(s):E Corporate Officer - Title(s): JUN 0 3 2015 Document Date: E Partner - tr Limited flGeneralEPadner- ELimited EGeneral E lndividual E Attorney in Fact D Trustee E Guardian or Conseruator E lndividual E Trustee fl Other: E Attorney in Fact E Guardian or Corrservator E Otlrer: Signer ls Representing:Signer ls Representing: Liberty Mutual lnsurance Company WITNESS my hand and officialseal. @2014 National Notary Association. v,rww.NationalNotary.org . .1-800-US NOTARY (1-800-876-6827) ltem -15907 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Pou/or of Attorney llmits the acts of those named herein, and they have no authority to bind the Company except in the manner and to th6 oxtent herein stated. Certificate No 68377s2 Amencan Fire and Casualty Company The Chio Casualty lnsurance Company Liberty Mutual lnsurance Company West Amencan lnsurance Company .t i;Eqo= 9q1E; E> EE-t EE oio6etraE OseDl/,(Eq) 9E 6.E oo E>i otr>oE!z6 POWER OF ATTORNEY KNOWNALLPERSONSBYTHESEPRESENTS: ThatAmericanFire&CasuallyCompanyandTheOhioCasualtylnsuranceCompanyarecorporalionsdulyorganizedunderlhela,rnof and appoint, all ol the city of lrvine , state of CA each individually if there be more than one named, its lrue and lawful attomey-in-fat to make, execute, seal, acknowbdge be as binding upon lhe Companies as if they have been duly signed by the presidenl and attesled by the secreiary ofihe Companies in lheir own proper persons lN WTNESS WI-IEREOF, lhis Por,ler of Attomey has been subscribed by an authorized oficer or offcial of the Corpanies and lhe corporate seals of tha Companies have been afxed lhereiolhis totn dayof Januarv ,2015 American Fire and Casually Company The Ohio Casualty lnsurance Company Liberty Mutual lnsurance Conpany STATE OF PENNSYLVANIA ss COUNTY OF IIONTGOMERY On this 16th day of Januarv 2015 , [sfere me personally appoared David M. Carey, who acknowledged himself to be the Assistant Secrelary of Arne]ican Fire and C6ualty Company, Liberty Mulual lnsurarce Company, The Ohio Casualty lnsurance Company, and West American lnsurance Company, and that he, as such, being authonzed so to do, execute lhe forcgoing inslrument for lhe purposes lherein conlaned by signiq on behalf ol the corporalions by himself 6 a duly authorized officer. lN WTNESS W-IEREOF, I have hereunlo subscribetrnynanr and afiixed rny notaial seal at Plymouth ileeting, Pennsy'vania, on lhe day and year lirst above written. .,, D-, lr,fr/y', Teresa Pastella , Notary Public Company, Liberty Mutual lnsurance Company aU {.e9!{nertan lnsurance Company vutrich resolutions re now in tull lorce ard eflect rcadirp as hllows: the provisions of this arlicle may be revoked at any time by the Boad, the Chdrman, the President or by the officer or officers granting such pou/er or aulhority. executed such inslrurEnts shall be as bin<lhg a il signed by the presidenl and attasted by the secrctary. fact as may be necessary to act on behalf of the Compary to make, execute, seal, acknowledge and deliver s surely any and all undertakings, bonds, recognizances and other surety obligations. Company, wherever appeanng upon a cerlified copy of any power ot attomey issued by the Company in connection with surely bonds, shall be valid and binding upon the Compary with the same foBe and effect 6 though manually affixed. !4/est American lnsu ertify that the onginal power of attomey of which the foregoing rs a full. true ard conecl copy of the Power of Attomey execubd by sad Companies, is in full been noked. .a. _ l -fi , ^ n , / lNTESrlttloNYwH myhandandalfixedthesealsofsaidCompanrestnolfl-or,"r1 Ufl( 2ol5-,.-J-- Gregory W Oavenport, Assistant Secretary LMS 12673 '122013 11 of30O ooo .so =lt G =.o(JE nfr ocL EsbrrEotr 3(EOtro.h .t2oso;6;otr}E =EEt e3 =N-@Fct.! oo ECPooO-o9 BIDDTNG FORMS BIDDER'S STATEMENT OF QUALIFICATIONS 1. ORGANIZATION 1,1 How many years has your organization been in business as a Contractop 92 Years 1.2 How many yeam has your organizatlon beon ln business under i(s present namo? .92 Years 1,2,1 Under whal other names has your organlzatlon operated? 1,3 lf your organizalion is a coporatlon, answer the following: 1.3,1 Dateoflncorporallor/organlzatlon:.hrnc 16 1997 1.3,2 State ol incorpration/otganlzation: -Qelaware 1.3,S CorporatelDnumber: 0103992 -. 1,3.4 Name of Presidenl:David Martinez 1.4.1 Dateoforganizalion/forrnation: 1.4.2 Type of partnership (if appllcable): 1 .4,3 Name(s) of general Partne(s): 1.4,4 Listatlstatos In whlch you are registered and state lD numbers foreach: lf your organization is lndlvidually owned, answer the following: 1.5.1 Date of organlzallon: 1.5.2 Name of owner: 1.6 lf the form of yourorganlzation ls ofher than those listed ahove, describe it and name the prlncipals: 1.3.5 AgenrforServiceof Process: golpol?I?n Service co. (CSC) 2730 Gateway oaks Dr. Suite#100 Sacramento, CA 95833 1.4 tf yourorganization is a partnershlp, answer the following: 1.5 BF 13 of 38 BIDUNG FORMS 2, LIGENSING 2.1 Llst Jurlsdlctlons ln whlch your organlzatlon is legally qualified to do business, indicale reglslnation -i1331'S3',#Trtaif:troryof ricense'if apptrcabre' ' " 2.2 I,lst jurisdictions in which your organlzallon's partnershlp or lrade name is filed. 2.3 Llst any llcensing suspensions and/or vlolatlons assessed against your organization within lhe past five years. 3, EXPERIENCE 3.1 Llst the pensonnel. Undergror rnd I ltiliiies' Water, .Sewers, Stnrm Drain 3.2 On the Experience Form, llst the project informatlon that establishes thai Bldder meets the essentlal requkemenb for qualiflcatbn set forth in the. Mandatory Qualificatlons paragraph of the llotlce lnviting Btds for thls PmJect, ( 3.3 Have Subcontractons for the lraffic signai and strlping work complete the Speclalty Conhactors' Statements of Qualifications (or Bldderto complete if self-perfoming), 3,4 0n a soparate sheet, list projects to whlch your firrn or business ha* been awarded a govemment contract slnce your firm or business has been iin exislence (glving the name ,- ' and address of the prolect the government agency, contact name and phone number, the contract amount, and contracts starling date and endlng date), 3.5 On a separate sheet, list lhe exporlence and present commilments of the key individuals of your organlzation. 4, GLAIMS; IAWSUITS; CRIMINAL AGIS For the followlng questions, the term 'owner" does not include owncrs of stod< in your firm if your firm is a publtcly-traded corporation. 4.1 ln the past flve (5) years, have, you, your lim or any of lts owners, padners, offlceru, or employees been a defendant in court, or particlpated ln an arbitation or medlation, on a matter related to: 4.1.1 The performance, non-performance, default, violalion, or breach of a contract or agreement? BF 14 of3B ( BIDDING FORMS trvrs tsNo 4.1.2 A vehicle colllslon or accldent lnvolvlng your firm's employees? Evrs E uo 4.1 .3 Damage to real property arlslng out of your servlces oI operatlons? Eves Xruo 4.1.4 Employment-related lltlgatlon brought by an employee of your flrm? D ves d r,ro 4.1 .5 Payment to a subcontnactor or suppllet? E ves FNo 4.1,6 Defective, deficlent,orsubstandardwork? Eves Eluo lf lhe answer to any questlons In 4.1.1 to 4.1,6 ls YES, identify the name of the person or entity that sued (1.e., "the plaintifl') or was lnvolved in the mediation or arbitratloni llst the date, court, court address, ard case number; descrlbe the facts and ct'rcumstances glving rlse to the lawsuit, medialion, or arbllratlon; and set forth the outcome or disposition. Aftadr addltlonal sheels as necessary. 4.2 Have you or your lirm ever flled a claim for damages or a lawsuit, or requested arbitratlon' or medlation, against a governrnent entlty or a Client? Xves Euo **Please see attached. Letter lf YES, identiff the govemment enlity or client; list the date, court and case number; descrlbe the facts and ckcumstances about he clalm for damages, or the lawsuit, or bolh; and set forth the outcoms or dlsposition. Attach addltional sheets as necessary. 4.3 Are there any pending or outstandlng judgments or llens against you, your fltm, or any of its owners, partners, offlcerc, or employees? E vrs DI tto lf YES, ldentify the name of the person or entily entitled to payment; list the date court and case number; descrlbe the facls and clrcumstances giving rise to the judgment or llen; andsetforthtlreamountofthejudgmentorlien. Attachadditlonalsheetsifnecessaty, 4,4 ln the past flve (5) years, has any govemment entity dver: (a) investigated, cited, disciplined, or assessed any penaltles against you, your firm, or any of its owners, Bl- 15 of 3B SULLY-MILLER CONTRACTING CO. Licqse 7476124 /35 S, SIATE COLLEGE BLVD., SUITE 4OO ' BREA, CA 92821 ' PHONE 714-578-9600 June 10,2015 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Re: Slauson & Boyle Street & Traffic lmprovements Contract No. CS-0534 Subject. Bidder's Statement of Qualifications: 4. Claims; Lawsuits: Criminal Acts: 4.2:: Have you or your firm ever filed a claim for damages or a lawsuit, or requested arbitration or mediation, against a government entity or a client? Ladies and Gentlemen: ln regards to the above Proposal, Sully-Miller has been involved in three (3) claims that went to Arbitration: Owner: The Boeing Company Address of Owner: 2201 Seal Beach Blvd., 7h Floor, Seal Beach, CA gO74O Project Douglas Park, Long Beach, CA Date of Claim: June 2010 Description of Claim: Non-Payment for Work Performed by Sully-Miller Status of Claim: Arbitration-Settled in favor of Sully-Miller Contracting Company Owner: Charles Pankow Builders, Ltd. Address of Owner: 199 S. Los Robles Ave., Ste. 300, Pasadena, CA 91101Project The Village at Santa Monica-ParcelA, B & C Date of Claim: September 8,2014 Description of Clalm: Disagreement on Contractor's Scope of Work vs. Contract Agreement Scope of Work Amount of Claim: $ 176,000.00 Status of Claim: Settlement in Mediation Owner: The City of Santa Monica Address of Owner: 1685 Main Street, Santa Monica, CA 90401Project: Lincoln Boulevard Resurfacing Project Date of Claim: September 16, 2013 Description of Claim: Non-Payment for Extra Work Performed by Sully-Miller Amount of Claim: $ 45,000.00 Status of Claim: Seftlement Agreement Prior to Arbitration lf you have any questions or need further information, please feel free to call me at 714-578-9600. sincerery, % Sully-Miller Contracting Company Dennis Gansen Assistant Secretary BIDDING FORI\4S padners, oflicers, or employees, or (b) determlned or concluded that your flrm or any of lls ( ownerc, partners, oflicers, or employees vlolaled any laws, rules, or regulathns? EYes EIruo lf YES, identiff the govemment enlity; llst the date, and descrlbe the facts and circumstances abcut each instance. Attach additional sheets as necessary, 4.5 ln the past flve (5) years, have you, yourfirm or any of its owne6, par{ners, officers or employees been convicted of a crimo related lo the blddlng of a government cmtract, the awarding of a government contract, or lhe performance of a govelnment contracfl? ('Convicted' includes a verdict of guilty by a Judge or jury, a plea of guilty, a plea of nolo contendere, or a forfelture of bail.) Eves truo lf YES, ldenflfy the government enllty; Iist the datq court and case numbu; describe the facls and ckcumstances about each instance; and set forth the penalty or punishment imposed, Attach additional sheels as necossary. 4.6 In tho past flve (5) years, have you, your flrm, or any of its ownefii, partners, offlcers or employees been convlcted of a cilme lnvdvlng embezzlement, theft, fraud, forgery, bribery, deceptlve or unlarvful buslness practlces, pe{ury, fahifolng or destroylng records or evldence, or receiving stolen proputy, or maklng or submiltlng a false clalm? flyes E uo ( lf YES, identiff the crime or offense; llst the date, court and cbse number; describe the fmts and clrcumstances about each instance; and set forth the penalty or punishment imposed. Attach additional sheets as necessary. 4.7 Have you or, if Bldder is a corporalion, any princlpal of the corporatlon ever been convicted of a felonyr? trvrs trruo lf YES, please explaln the details of that convictlon and, if so, whether you or sald officer have served hls or her sentence, 4.8 ln the past flve (5) years, has a government entity determined or corrcluded that you, your firm, or any of its owners, partners, officels or employees made or submitted a false claim (lncluding a false claim fot payment), or made a material misrepresentation? , tr vgs EItto lf YES, ldentlff the government entlly, and describe lhe facts and circumslances about each lnstance, Attach additionalsheets as necessary. 4,9 Have you or your company ever been charged by any governmental agency for failure to follow safety procedures? lf YES, please explain. BF 16 of 38 BIDDING FOR[A tr vss EI uo 4.10 Has any governmental agency ever submltted a complalnt agalnst you or ybur fltm to the Callfornia State Labor Commission for fuilure to submit certifted payrolls? lf ycur answer is "Yat', please provido tho detalls of such complaint. E Yrs El tto 5. FIRM'S OPERATIONAI STATUS 5.1. ln the past seven (7) yeans, has your lirm, or anyone else acllng on behalf of your firm,' Jiled for bankruptcy, lnsolvenry, receivership, or reorganlzation? [ves Ino lf YES, llst the filing date, ldentlfy the court and case number; deschbe he facls and drcumstances glvlng rlso lo each instance; and set forth the dlsposltlon or current status. Attach additional sheeb as necessary, 5.2. ln the past flve (5) yeans, has your lirm had an consolidalions, mergers, acquisitions, closlngs, lapffs or staff reducUons? ' flvrs KP lf YES, list the fillng datq and describe fire facls and circumstances about each instance.' Attach additional sheots as necessary. 5,3, ls your firm ln the process of, or ln negotiations toward: (a) consolidatlng, merging, selling, or chsing its business, or (b) laying off employees or reducing staff? Evrs E uo lf YES, describe the transaclion; llst the anticipated date for completing the lransaction, laying olf employees, or reducing staff; and describe lhe facts, chcumstances, and reason for taklng the action, Attach addtttonal sheets as necessary, 6. BIDDING;DEBARIIIENT;CONTRACTPERFORMANCE 6,1. Has a govemment entity ever debaned, disqualified, removed, suspended, ot otheruise prevented you or your firm frorn bidding on, contractlrtg, or completing a conslruclion proJect? Dvrs E no BF 17 of38 I I I I I I Il, BIDDING FORI\4S lf YES, idenliff the name of lhe govemment entity, llst the date, and describe tho facts ( and clrcumstances about each instance, and state the reason for the government entity's action agalnst your firm, Attach additlonal sheets m necessry. 6,2, Has a government entity ever rejected your flrm's Bid or Proposal on the ground that you or your flrm Is a "non-rcsponslbld bidder or proposer? E vrs El r,ro lf YES, identiff lhe name of the govemment enlity, list the date, describe the facts and . circumstances about each lnslance, and state the reason orbasls for the government entity's delermlnlng that your firm was a "non-responsiblo' bldder, Attach addltional sheets as lecessary. 6,3, Have you or your flrm ever falled to fullill or perform - either partially or completely - a' contract or an agreement with a govornment enli$ or a cllenfl D ves El uo lf YES, identity the name of the government entity or cllent, list ths dale, and describe the facts and circumstances abouteach inslance. A{lach additional sheels as necessary. 6.4. ln the past five (5) years, have you or any ofllcer or prlnclpal of your flrm been an offlcer of anolher firm whlch falled to perfurm a conlract oragreement? tr ves XIuo ( lf YES, lht the date, and descrlbe the facts and ckcumstances aboul each instance. Attach addillonal sheets as necessary. 6,5, Has your firm ever advlsed a govemment enti$ or a cllent, while your lirm was under contract with the governme4t enlity or cllent, lhat your fkm muld not (or would not) futfill or perform - either partlally or completely - ttre conkact or lhe agreement based on the . prices lhat your flrm had originally submitted in a Bid or a Proposal? Evrs EIno . lf YES, llst the date, iJentifo the name of lhe government entlty u client, and describe lhe facls and circumstances about each Inslance. Altach additional sheels as necessary. 6.6, Has your fim ever requested a government enlity or a client, while your firm was under c-onfact with the government entity or cllent, to renegotiate one or more terms of the existing contract or agreement? Eves Eruo tf YES, ldentifr tho name of the government entity or cllent, list the date, and describe lhe facts and clrcumstances about each instance, Attach additlonal sheets as necessaty, BF 1B of38 BDDINGFOR}TS . 6.7. Has youf ffm ever requested a governmont entity or a cllent, while your firm was under contut wlth the goveinment entity or client, to: (a) cancel lhe oontract or agreement, or (b) dease or dbcharge pur firm forrn lhe contact or agreemen(? trYes D(uo tf YES, 'rdentlff tp name of trc goveinment onllty or client llst the date, and descfbe the facts and clmumslancesabouteach lnstance. Attach addltonalsheets as necessary. 6.8. Has a gorlemment entlty or a cllent everlermi,nated, suspended, u non+enewed your flrm's contrad or agrcement before lE complelion? trYes Euo It yES, ldentity the name of the govemment enlity, list the date, and descdbe the facts and circumstances abott each lnstarce. Attach addltlonalshmts as neoq,sary. 6.9. Has a government entity or a cllent ever notifid or.advtsed your flrm lhat your firm's performinco under a conhaot or qgreement was poor, sub.standard, deflchnt, or non- compllant? tr Yes X tto lf YES, ldarffo the name of fie gorornment entty or dlent, llstlhe dale, and descdbe the facb and chcumstances about each lnstance, Alach addltlonal sheets as nec0sszlly. 6,10, In the past five (5) years, has your lirm pah, oI has your flm been assesed, llquldated damages on a contract or agreerenf? *Ptease see attached LmJFS tr Uo tf YES, identify all such contrac{siproJects by oumq owrreds addrcss, the date of complelon of ihe propA, amount of llquldated damageo assessed, and all other tntorinallon necessary t6 fu[y explaln tho assessrnent or payment of llquldaled damages. Aflach additlonal sheels as nocessaly. 7. INSURANCEAND BONDS 7.1. ln tho past ten years, hm an insunance company or a suretycompany: 7 .1.1. Refused to insurc your flrm for llability coverage? EvEs Euo 7 .1.2. Cancded or non-renewed pur ftrm's insurance covenage? Eves El uo 7.1.3, Refused lo issue Your lkm a bond? fl ves EIt*to BF 19 of38 SLILLY-MILLER CONTRACTING CO, I cffise 7d/6124 /35 S SIATE COLLEGE BLVD,, SUITE 4OO ' BREA, CA 92821 ' PHONE 714.578-9600 Jtrne 10,2015 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Re: Slauson & Boyle Street & Traffic Improvements Contract No. CS-0534 Subject: Bidder's Statement of Qualifications: 6. Biddine: Debarmenl Contract Performance: 6.10: In the past five (5) years, has your firm paid, or had your firm been assessed. Liquidated damages on a contract or agreement? Ladies and Gentlemen: In Regards to the above referenced Proposal, Sully-Miller has been assessed liquidated damages on the following two (2) projects: Owner: Los Angeles County Department of Public Works Project: Union Pacific Avenue, et al ProjectNo.: RDC0013745 Completion Date: July 2010 Amount: $ 15,000.00 Reason for LD's: Delay in starting the project on time. Owner: California Department of Transportation (Caltrans) Project: Rte. 40, Near Barstow in San Bernardino County Project No.: 08-0L2804 Completion Date: October 2010 Amount: $ 78,600.00 Reason for LD's: Caltrans did not approve Material Mix Designs. If you have any questions or need further information, please feel free to call me at 714-578- 9600. Sincerely, Assistant Secretary BIODTNG FORI\4S 7.1.4. Canceled or revoked a bond obtained by your firm? .E vrs E uo lf the answer to any questlons in 7.1.1 lo7,1A Is YES, ldentify the name of the lnsurance company or surety company, list the date, and desclibe the facts and circumstances about each inslance. Attach addltlon sheets as necessary. 7.2 ln the past ten (10) years, has an insurance mmpany or surely company made any paymenls on your firm's behalf as a result of a default, to satlsfy any clalms against a performance bond, payment bond, or malntenance bond issued on yourflrm's behalf? . trvrs Kruo lf YES, identifi each conlract completed or amount of each claim, the name and tolephone number of the claimant, the date, grounds and current status of the clalm, and if resolved, the mefhod, nature, and amounl of fio resolution. Attach addltbn sheets as necessary, SURETY lf a performance and/or payment hond is requhed by this bid, idenlify the bondlng company lf anangements for the bond have been made; if not, identify the bondlng company for the Contractols most recenl prolect: 8,2 Name and address of agent:' *Please see attached lnformation Sheet I hereby certify under penalty of perjury under the laws of the state of Galiforn Ia that the representatlon made hereln are true and correct. Slgnature of Bidder. B, B1 All of the above stalements as to experlence, financlal quallflcatlons, and available plant and equ[pment are submitted in conjunc{ion with the proposal, as a part thereof, and the truthfulness and accuracy of.tho lnformation is guaranteed byth6 Bl[der Assistant Secretary_ BF 20 of38 ( ( SULLY-IVIILLEIR CONITF'/I.CTING C O, Licuse 7476124 735 S, ,SIATE COLLEGE BI.VD,, SUITE 4OO O BRFA, CA 92821 q PHONE 714.578-9600 Thc Following are the names, aeldresses, and tele;lhotle" numhcrs for all [:ro[<er=s and sureties frorn whom Eideler inteirels to proeure iirsur'anee and l:onds: Agent for Surety: Willis Risk & lnsurance Seruices 1UU Von Karman Avenue Suite l-f600 Iruine, CA 92612-14A41 Phone 9491885-1206 Fru( 94.9/885-1225 Contact: Victoria Carnpl:ell Surety: Libedry Mutual lnsurance Co. BA44 Montgomery Road Suite ,1i137 Cincinnati, Ol-l 45236 Fho ne 513 1984.-2222 X 321 FAX 513/984-3165 Contact: Keltey Brown Sureiy: Fidelity and Deposit Co. of Marytand One Upper Road, Building E/F Farsipanny, NJ 07054 Phone 9731394-5117 FAX 973i3s4-5157 Contact: Chris Celentano Mgr lnsurance: l-iberiy Mutual Group 1 133 Avetrue of America Ne'g York, hlY 10036 P h oire 800 12-27 -9887 E><t 44?: [:rLK 2_'121391-195d, lnsurance: t\/arsh US/\ 44.5 South Streei Suite 2110 lVk:rrisio'r,rn, iVJ 07962 Phoirre 9'7 3 I *!t)'l-S'i 5 1 l- M. D73ltlO'l-50r!5 L:c ritar-;[: /1n ic ri Scl r rn iir CALIFORXIA ALL.PURPOSE ACK}'OWLEDGTEIIT ctvrl coDE s 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certilicate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of Orange On June 10,2015 before me,Maria L- Ruiz. Notarv Public Date Here lnsert Name and Title of the Officer personally appeared Dennis Gansen Name(s) of Signe(s) 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 hiVher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary SealAbove OPT,,ONAL Though this section is optional, completing this infomation can deter altention of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Ciiy of Vmn - Sleusn A Boyle - Elddo/s Sirtomenl ol Oualtfirtions E Guardian or Conservator Document Date: trPartner - trLimited EGeneral tr lndividual E Attorney in Fact E Trustee [] Other: E Guardian or Conservalor Number of Pages: Signer(s) Other Than Named Above: Capacity0esl Glaimed by fiigner(s) Signer's Name:Dennis Gansen Signer's Name: fi Corporate fficer - Title(s): Assislant Secretary I Partner - tr Limited tr General ! lndividual tr Attomey in Fact E Corporate Officer - Title(s): E Trustee U Other: Signer ls Representing: S Jttv-tvtitler Contractin--q Co. Signer ls Representing: @2014 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #5907 WITNESS my hand and official seal. MARIA L. RUIZ Commissron # 2003065 Notary Public - California '2 Los Angeles County : Comm. Expires Jan 5,2017 ) ) BIDDING FORTIS BIDDER'S DOERIENCE FORIi PROJEGT MME: Slauson & Boyle Stee( & Trafic lmproventenis COMPANYy4yE; Sully-Miller Contracting ComPanv HPlease use addltional sheete if necessary Contact No. CS-0534 CONTACTPHONEtnviting Blds for this Project. CONTRACT CONTRACT CONTRACT .- ^s to experienco arc subndted in conjunctlon ql.9:tf:;.F.tl. as a part thcreof, and the truthtuln*t Tsffiy, *ffs lu lr PEllBlw Bl9 -xvrrsEw tne eidder. I hereby ctrtlfy under penalty of perJury underth ' Print name: state of califomia contracto/s Ljcense no. 747612'A Contacto/s Licerse exptraton date st of Proj€cts BF 21 of 38 2 3 e see at -ached I S u t-t-v-MrLr-nRC()NrR,(:'rtru<; C<>. Contact Person:ALI VATANSHENAG Telephone: 5621437-0O4t Final Contract Amount: $455,300OriginalContractAmount: $434,380 Change in origlnal contract amount is due to extra work and/or contract change orders adding work. Project Nante/Number: Start and Finlsh Dates: Project Description: Agency Name: Project Name/Number: Start and Finish Dates: Project Desciption: Agency Name: Contact Person: Project Name/Number: Start and Finislt Dates: Project Description: Agency Name: OriginalContractAmount: $662,78L Telephone: 7601240-700O Flnal Contract Antount: $653,811 Charrge in original contract amount Is due to extra work and/or contract change orders adding worl<. Contact Person: JOHN FELIX -t elephone: 31012!7-9500 Original Contract Anount: $645,472 Final Contract Antouni: $605,644 Change in contract amouni: is due to iterrs oi worl< being cleleted by the agency. BIDDER'S EXPERIENCE AN D QUALIFICATIONS 2-011 ROADWAY MAINTENANCE &SLURRY SEAL PROGRAM/ 10150602 8120t3-t2l20L4 SWPPP, AC GRIND & OVERLAY, CMCK SEAL, SLURRY SEAL, STRIPING & MARI(ING PORT OF LONG BEACH 925 HARBOR PLAZA DRIVE LONG BEACH, CA 90802 KrowA RANCH ROAD TO DEL ORO ROAD/ 10149809 el20r3-1112013 AC GRIND & OVERLAY, PCC IMPRV., STRIPING & MARKING, SURVEY, TREE REMOVAL, CMB, ADJUST UTILITIES, SLURRY SEAL TOWN OF APPLE VALLEY 14975 DALE EVANS PARKWAY APPLE VALLEY, CA92307 BRETT MORGAN ARTESIA BLVD. & WESTERN AVE. STREET IMPRV./IO147379 712073-r017013 SIGNS, SWPPP, TMFFIC CONTROL, TREE REMOVAL, STRIPING & MARKING, COLD MILL, ELECTRICAL, PCC, AC, ARHNl, SURVEY, AD]UST MANOLES & WATER VALVES, LOOPS CITY OF GARDENA ]./OO W. 162ND STREET GARDENA, CA90247 St lr-t,v-Mrr.r-Erl Cc)N-t'r<r(-'f IN(;C<-r. BIDDER'S EXPERIENCE AND Qr.rALrFrcATroNs TILDEN TERRENCEi 70146479 4120r3-el70t3 oN-sITE, OFF-SITE, ALLEY iMPRV. DREYFUSS CONSTRUCTIOT\ 5855 GREEN VALLEY CIRCLE, STE. 3OO CULVER, CA 90230 Contact Person: DAVID SANCHEZ -relephone: 310/645-9565 Original Contract Amount: $748,082 Final Contract Amount: $835,884 Change in original contract amount is due to extra wor[( and/or contraci change orders adding worl(. Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Project Name/Number: Start and Finlsh Dates: Project Description: Agency /Vame.' Contact Person: Project Name/Number: Start and Finish Dates: Project Description: Agency /Vame: Contact Person: LA LOGTSTICS CENTER/ 10144825 3120t3-6l2013 B_PERMIT XEBEC BUILDING COMPANY, INC. 3010 oLD RANCH PARKWAY, STE. 480 SEAL BEACH, CA 90740 SIOBHAN SHARPLES OriqinalContractAmount: i373,756 TeIephone: 5621795-0270 Final Contract Amount: $383,456 Change in original contract amount is due to extra work and/or contract change orders adding worl(. AGOURA ROAD WIDENING PI-IASE UCAN\TVOOD STREET IMPRV./ 10144581 4l20t3-rolz0t3 AC/ARHM GRII\D & OVERLAY, CAB, PCC iMPRV.. COLD-]N-PI.ACE RECYCLING, ADJUST UTILITIES, SIGNING & STRIPING, TREE PROTECIION/REIVIOVAL, LANDSCAPE & IRRIGATION CIY OF AGOUM HILLS 3OOO1 LADYFACE COURT AGOURA HILLS, CA 91301-1335 CHARM/\INE YAMBAO Telephone: 818/597-7300 Final Contract Antount: $1,273,!70Original ContractAntount: $1,058,551 Change in original contract amount is clue to extra worl( and/or contract change ol'ders adding WOTI(. :.:i.i, : St;lr-v-I\{rLr-ERCoNrnac'rrN<; Co. BIDDER'S EXPERIENEE AND QUALIFICATIONS Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person:STEPHEN DUHM Telephone: 2131236-0500 Final Contract Amount: $234,67LOriginalContractAmount: $229,000 Change in original contract amoun't is due to eKra work and/or contract change orders adding worl(. CEDARS.SINAI M EDICAL CE NTER-ADVAN CES H EALTH SCiENCES PAVILIO N PROJ ECT/ 10143403 212013-412013 CMB, AC GRIND & OVERLAY, STRIPING, DOUBLE ADJUST MANHOLES HATHAWAY DINWIDDIE CONSTRUCTION COM PANY 811 WILSHIRE BLVD., STE. 15OO LOS ANGELES, CA 900!7.2632 Project Name/Nuntber: Start and Finish Dates: Project Description: Agenq Name: Contact Person:Telephone: 909/387-8104 Original Contract Amount: $928,725 Final Contract Amount: $802,793 Change in contract amount is due to items of work being deleted by the agency. DALE EVANS PARKWAY OVERLAY PROJECT INTERSTATE 15 TO JOHNSON ROAD & JOSHUA ROAD OVERLAY PROJECT/ 10141551 u7_01'3-4l2Ot3 AC GRIND & OVERLAY, STRIPING & MARI(NG, GMDING, SWPPP TOWN OF APPLE VALLEY 14955 DALE EVANS PARI(WAY APPLE VALLEY, C492307 Contact Person: BRENT MOP,GAN Telephone: 7601240-7000 Original Contract Amount: $/20,677 Final Contract Amount: '$743,789 Change in original contract amount is due to extra worl< and/or contract change orders adding work. BEAR VALLEY CUTOFF/ 10143018 slzot3-612013 ARHM/AC GRIND & OVERLAY, CMCK SEAL, SIGNS & STRIPING & MARKING SAN BERNARDINO COUNTY DEPARTMENT OF PUBLIC WORKS 825 EAST 3RD STREFT sAN BERNARDINO, CA 92415 SUNDAMMOORTHY SRIRA]AN Project Name/Number: Siart and Finish Dates: Project Description: Agenq Name: l-:: i=':i-,:l.,.-_-' St;ln--MIr-I-ERCoNrnac'nN<; C<> Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: BIDDER,S EXPERIENCE AND QUALIFICATIONS FY 20121 t3 STRE ET MAINTE NAN CE PROJ ECr/ 1 0 1400 1 9 lol20t7--L2l'20t3 ' ARHM GRIND & OVERLAY, ADJUST UTILITIES, SURVEY, CMCK SEALING CITY OF MALIBU 23825 STUART MNCH ROAD MALIBU, CA 90265 ROBERT DUBOUX OriginalContractAmount: $652,716 Change in original contract amount is due to extra work. -t elephone: 3l0l 456-2489 Final Contract Amount: $929,630 worl< and/or contract change orders adding THE ICIS APARTMENTS/ 10139570 9120t2-t!12012 B.PERMIT ALLIANCE RESIDENTiAL BUILDERS II G.P.,INC. 450 NEWPORT CENTER DR., #550 NEWPORI CA 92660 SCOTT CRIGGS Telephone: 9491706-8460 O1gin4 Contract Amount: $2gg,7OI Final Contract Amount: i335,74L Chinge in original contract amount is due to extra work and/or contract change orders adding work. erojeit Name/iumber: 2012 VARIOUS STREETS RESURFACING II, PROP I B & LACM-IA I 10t37709 Start and Finish Dates:L0l)_072-70t3 Project Name/Number: Start and Finish Dates: Project Descript[on: Agency Name: Contact Person: Project Description: Agency Name: Contact Person: OriginalContractAmount: $996,500 Change in original contract amount is due work. AC/ARHM GRIND &OVERLAY, PCC IMPRV., AD]UST UTILITIES, LOOPS, STRiPING & MARKING, CONSTRUCTION AREA SIGNS CITY OF MONTEREY PARK 320 WEST NEWMARK AVENUE MONTEREY PARI(, CA 91754 ROY ALFONSO T elephone: 626-307-1458 t:inal Contraci Amount: $1,082,247 to extra wor[< and/or contract change orders adding I_-,ta'-:,i,: _, i i_'i: Project Name/Number: Staft and Finish Dates: Project Description: Agency Nante: Contact Person: SulrY-Mrr.r,ER Cc>Nrna<:'rrN<; C(). BIDDER'S EXPERIENCE AN D QUALIFICATIONS CITYWIDE ANNUAL OVERLAY PROGMM & CONCRETE REPLACEMENT PROGRAM/ 1013735s 912012-317013 AC/ARHMGRIND & OVERLAY, AC DII(E, LOOPS, ADJUST UTILiTIES, CAB, STRIPING MARKING, PCC IMPRV,, SURVEY CITY OF CARSON 701 EAST CARSON STREET CARSON, CA90745 RICK BOUTROS Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person:Telephone: 6761744-4000 Final Contract Amount: $I,273,343OriginalContractAmount: $1,138,208 Change in original contract amount is wor[(. due to extra worl( andlor contract change orders adding IMPROVEMENT 0F LINCOLN AVENUE/ 10136832 t\lzoLz 3lz0t3 c0NCRETE, AC, CRAC|( SEAL, COLD MILL, ARHlvl, ELECTRICAL, MANHOLES, S-tORw DP.AIN, wARI(ERS, LOOPS CITY OF PASADENA 1OO N. GARFIELD AVE. PASADENA, CA 91101 Contact Person: SEAN SINGLEI-ARY -ielepltone: 626-741-4000 Original Contract Anlount: $t,348,47,! Fiital Ccntract Arnount: $1,64L,677 Clratrge in original corrtract anlount is oue to exira vvor-l( and/or colltract change orders addinq worli. OriginalContractAmount: $1,295,000 -t elephone: 310/830-7600 Final Contract Amount: $I,504,633 Change in original contract amount is due to extra work and/or contract change orders adding worl(. PREVENTIVE MATNTENANCE O F STREETS -20t2 I L0 r37 754 ru20L2-312013 COLD MILL, ARHM, AC ADJUST SEWER MANHOLES, CI-EAR & GRUB, STRIPING & MARI(ING, LOOP DETECTORS, SURVEY CITY OF PASADENA 1OO N. GARFIELD AVE. PASADENA, CA 91101 MORLEY SARAIYA Project Nane/Number: Start and Finish Dates: Project Description: Agency A/anle: i'r. --.-i - :-':t: BIDDER'S EXPERIENCE AND QUALIFICATIONS 2012 OVERLAY PROGRAM/ 10136566 t0l20r2-412013 AC/ARHM GRIND & OVERLAY, ADJUST MANHOLES, ROOT PRUNE, STRIPING, SIGNING, MARI(ERS, LEGENDS CT-Y OFTHOUSAND OAKS 21OO THOUSAND OAKS BLVD. THOUSAND OAKS, CA 91362 MIKE TOHIDIAN Original ContractAmount: $3,795,547 Change in original contract amount is due to extra worl(. Telephone: 8051449-2400 Final Contract Amount: $3,972,046 worl( and/or contract change orders adding Sur-l:'-Mn-r-ERCc)NrRrx:'rrN(] C<:. Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: Original ContractAmount: $4,865,508 Change in original contract amount is due work. ROUTE 247, SAN BERNARDIONO COUNTY (08-0P9304)/ 10131719 7120t2-8lzo12 SWPPP, SIGNS, TMFFIC CONTROL, COLD PLANE, CRACI(TREATMENT, AC, ARHM, STRIPING & MARKING CALTMNS 1727 3OIH STREET SACRAMENTO, CA 95816 EHAB MINA Telephone: 9161227'6300 Final Contract Amount: $4,988,720 to extra work and/or contract change orders adding Project Name/Number: Start and Fit'tish Dates: Projeci Description: Agency Nante: Contact Person: OriginalContractAmount: $862,900 Change irr original contract atnount work. MAN HATTAN BEACH BOU LEVARD RESU RFACIN G I t0130442 8l2ot2-ru2or2 UTILITIES, TRAFFIC CONTROL, SIGNS, SURVEY, MANHOLES, PCC, AC, LANDSCAPE & IRRIGATION, COLD MILL, EXCAVATION, STRIPING & MARI(ING CITY OF REDONDO BEACII 415 DIAMOND STREET REDOI\DO BEACH, CA 90277 ]EFF TOWNSEND Telephone: 310/318-0661 Final Contract Atnount: $945,951 is due to ex'ira work and/or contract change orders adding i,:i:,a':, ,:-t ,:' . t ,! --i_i ! I Sr;li-Y-NIri-r-eRCourn.,rc-rrsrc; Cc>. Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: Origi n a I Contra ct A mou nt : NO CI-IANGE TOTVI EARI_ $462,370 Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: Project Nante/Number: Start and Finish Dates: Project Description: Agency Name: Coni'act Person: OriginalContraciArnouni: $t,L97,700 Change in origlnal contract amount is work. -t elephone: 626 I 58O-200L Final Contract Antount: $462,370 BIDDER'S EXPERIENCE AN D QUALIFTEATIONS puBLrc woRr(s YARD (BrD sET NO. 2)l L0t30370 (11148C) trlZotz-rtl20t2 AC PAVING, PCC IMPROVEMENTS, ELECTRICAL, FENCTNG CITY OF EL MONTE 1133 VALLEY BLVD. EL MONTE, CA 91731 Original ContractAmount: $342,560 Telephone: 8781238-5457 Final Contract Amount: $408,978 Change in original contract amount is due io extra work and/or contract change orders adding work. SAFE ROUTES TO SCHOOL.CYCLE 7 BULB-OUTS, SIDEWALK & TMFFIC SIGNAL MODTFTCATTONS/ 10130359 s12072-trlz0tz CLEAR & GRUB, AC OVERLAY, PCC IMPRV., ADJUST UTILITIES, SURVEY, TMFFIC SIGNAL MODIFICATIONS, SIGNS, STRIRING & MARKTNG CITY OF BURBANK 301 EAST OLIVE AVENUE, RM 320 BURBANK, CA 91502 MII(E SILVANI ROUTE 39, LOS ANGELES COUNTY (07-3Y3204)l 10130355 712012-trl'20[2 SWPPP, SIGNS, TMFFIC CONTROL, COLD PLANE. CMCKTREATMENT,.AC, ARHM, SI'RIPING & MARKING CALTRANS t7'27 3orrl STREET SACRAMEN-lO, CA 95816 REDA IGROUT t elephone: 9L61227-6300 Final Contract Anount: $t,265,654 due to e)dra worl( and/or contract change orders adding Srn-r.v-Mu-r.nR Cc;NrR,r<:rtw<; Cc>. Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: OriginalContractAntouni: $884,688 Change in original contract amount is due wor[(, BIDDER'S EXPERIENCE AND QUALIFICATIONS SLAUSON AVENUE/ 10130289 t0l70t2-3lz0t3 CLEAR & GRUB, TREE REMOVAL/PLANTING, AC GRIND & OVERLAY. PCC IMPRV., STRUCI-URES, STRIPING & MARI(ING LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORI(S 9OO S. FREMONTAVENUE ALHAMBRA, CA 91803 ]OSE POU Telephone: 626/458-5100 Final Contract Amount: $955,095 to extra worl< and/or contract change orders adding OriginalContractAmount: $1,019,450 Change in contract amount is due to items of worl< being deleted by the agency. Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: Project Name/Number: Start and Finish Dates: Project Description: ,Agency Name: Contact Person: 20tt-20t2 srRE ET RESU RFACING-VARIO US LOCATIO N S/ 10 1 3 0260 sl20L2-t2l20t7 AC OVERLAY, COLD MILL, CRACI( SEAL, CMB, ADJUST VALVE COVER & MANHOLE, LOOPS, STRIPING & MARKING CiTY OF BEVERLY HILLS 455 N. REXFORD DR,, RM 290 BEVERLY HILLS, CA 90210 IUAN MARTINEZ Telephone: 3L0 l285-2489 Final Contract Arnount: $896,448 STREET RECONSTRUCTION.HELEN RUNYON DR. & E. MOUNTAIN VIEW ST,/ 10130241 3lz0t2-7120t2 AC PAVING, PCC, FABRIC, LOOPS, SIGNS & STRIPING & MARI(ING CiTY OF BARSTOW 220 E. MOUN-IAIN VIEW STREET, STE. A BARSTO\I/, CA 9231I DOMINGO GOt\ZALEZ Original Contract Antourlt: $1,027,886 -rclcphone: 760/255-5156 Final Contract Antaunt: $1,138,746 Change in original contract atnouni is due to extra work and/or conhact change orders adding worl(. i-ri: :="_,-: ,:,- :i _,-,,,j St.lr-rrr--&Irr-r-nRCc>urnacrrN<; C<>. Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Project lYame/Number: Start and Finish Dates: Project Description: Agency Name: Project Nante/Number: Start and Finish Dates: Project Descript[on: Agency Narne: Contact Person: 2012 LOCAL STREET REHABILITATiON PROIECT/ 10130069 sl2012-8120t2 AC GRIND &OVELRAY, COLD CENTRAL PLANT RECYCLING, LOOPS, AD]UST UT]LITIES CITY OF GARDEN GROVE T1222 ACACIA PARI(WAY GARDEN GROVE, CA 92840 Contact Person: ROBERT MOUNGEY Telephone: 7l4l74L-5000 Original Contract Amount: $2,917,670 Final Contract Amourtt: $2,846,87L Change in contract amount is due to items of work being deleted by the agency. RECONSTRUCTTON OF CASTAIC POWER PLANTACCESS ROAD/ 10129951 812012-10120t2 AC, COLD MILL, STRIPING & MARKING LOS ANGELES DEPARTMENT OF WATER & POWER 111 N. HOPE STREET LOS ANGELES, CA 90012 Contact Person: JOSH FONG Telephone: 2731364'3464 Original Contract Amount: $602,466 Final Contract Amount: $556,923 Change in contract amount is due to items of work being deleted by the agency. CACTUS AVENUE, FREDERICK STREET & RESOURCE WAY/ 10129926 5lz0rz-sl2013 STREET, STORM DMIN, SEWER & WATER, SIGNING & STRIPING, TMFFIC SIGNAL, LOOPS, STREET LANDSCAPE & IRRIGATION, ELECTRICAL, COLD PLANE, PCC, AC. CATCH BASIN US REAL ESTATE LTMITED PARTNERSHIP, A TEXAS LIMITED PAPJNERSI-I]P, 19300 1.9300 HATVIILTON AVE., STE. 2OO GARDENA, CA 90248 Original ContractAntount: $2,753,9L9 Telephone: 310/323-9100 Final Contract Amount: $3,212,557 BIDDER'S EXPERTENCE AND QUATIFICATIONS FLOYD YOUNI(II\I Cl-range in original contract antouni is due to extra worl( and/or contract change orders adding worl<. OriginalContractAmount: $1,040,950 Change in contract amount is due to items or" worl( being deleted by the agency. Strr.n'-MrLr-ERCoNtnacrrN<; C<>. Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: Project Name/Number: Staft and Finish Dates: Project Descrlption: Agency Name: Contact Person: )rlginal ContractAntount: $6,383,321 Change in contract amount is due lo BIDDEtrS EXPERIENCE AN D QUALIFICATIONS NATTONAL TMiLS HTGHWAY/ 70128949 (1218sC) sl20L2 - 6l2or2 CMCI( SEAL COLD PLANE, PAV, STRIPING SAN BERNARDINO COUNTY, DEPARTMENT Ot.- PUBLIC WORI€ 825 EASTTH]RD STREET SAN BERNARDINO, CA 92415-0835 NIDHAM AL-REYES Telephone: 9091387-8104 Final Contract Amount: $931,795 TAXTLANE D-10 RECONSTRUCTTON I 10728948 (L2L74C) sl20L2-t2120t2 SURVEY, AC/ REMOVE PCC, FENCING, ADJUSTING WATER UTILITY, SWPPP,CAB, COLD PLANE, PCC, FABRIC, STRIPING & MARKING &SIGNS LOS ANGELES WORLD AIRPORTS, AIRPORT DEVELOPMENT GROUP 7301 WORLD WAY WESI gTH FLOOR LOS ANGELES, CA 90045 GORAN LAZAREVIC, P.E.Telephone: 3101957-7149 Final Contract Amount: 95,939,022 Project Name/Number: Start ard Finish Dates: Project Description: Agency A/arne: Contact Person: items of work being deleted by the agency. CAMPBELL HALL COMMUNTry ARTS AND EDUCATION CENTER | 10128947 (1,1153C) 3l?_ot7-4120!2 B - PERMIT: REMOVAL/REPLACEMENT OF CURB & GUTTER, SIDEWALK & SIDEWAY, SIGNAL, STREET LIGI.ITING, STRIPINGiSIGNING MATT COI\ISTRUCTION CORPO RATIO N 9814 NORWALK BLVD., SUITE 1,00 SANTA FE SPRINGS, CA 90670 I(RISTOPHER BARR Telephone: 5621903-2277 Final Contract Atnount: $539,47 LOriginalContractAmount: $473,542 Change in original contract amount is due to extra worl( and/or contract change orders adcling worl(. Sr-lr-r-v-MrI-I-IR Corvrnac'rrN<; Cr>. BIDDER'S EXPERIENCE AND QUALIFTEATIONS RESIDENTIAL STREET REHABILITATION FYZO11-2012 & ANNUAL WATER MAIN REPLACEMENT PROGMM FY 20tr-20t2 I 1012894s (lzt7Lc) 317012-4l2ol3 AC GRIND & OVERLAY, SLURRY SEAL, PCC IMPROVEMENTS, AD]UST MANHOLES, TREE ROOT PRUNE, STRIPING/MARKING, LOOPS, SURVEY, CMB, WATER LINE/WATER MAIN CITYOFLAHABM 201 E, LA HABM BI-VD. LA HABM, CA 90631 OriginalContractAmount: $4,887,679 Telephone: 9491762-9379 Final Contract Amount: $6,081,745 Change in original contract amount is due to extra work and/or contract change orders adding worl(. Project Name/Nuntber: Start and Finish Dates: Project Description: Agency Name: Contact Person: Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: OriginalContractAmount: $3,657,815 Change in original contract amount is due to worl(. CHUCI( STEPHANS NEWPORT BLVD. DOMESTIC WATER RELOCATION PROIECT/ 10128919 (11167C) 2l2Or2-4lZ0I3 AC PAVING, WATERLINE, PCC IMPROVEMENTS, & REMOVE METERS IRVINE MNCH WATER DISTRICT 15600 SAND CANYON AVE. IRVINE CA, 92619-7OOO TOM BONKOWSKI Telephone: 9491+53-5692 Final Contract Amount: $3,936,118 extra work and/or contract change orders adding Project Name/Number: Siart and Finish Dates: P roject D esc ri pti ot't : Agency Nante: Contact Person: OriginalCcntractLrncunt: $2,C00,000 Charrge irr oriqin.tI cotltract anlounI is oue lcl \ivci-l(. r_"..':r..i..i ,Lr. -il _,, i:-. LONG BEACH ANNUAL 2012- GAS & ENGiNEERING 1012884e/(1007LC) I !.0128917/(11,l63C) 3120r2-rl2o13 EMERGENCY REPAIRS CITY OF LONG BEACH 333 WEST OCEAN BLVD LONG BEACH, CA 90802 CHARLES RATVEY Telephone: 5621570-5t76 Final Coniract,\ntoutlt: $2,210,831 e)tra \A/cr{(. ar,df or coni.ract charrcle orciers aclding PASAD ENA AVENU E STREET IM PROVEMENT PROJ ECT I 10128916 ( 11 16 1C) 2120t2-6120t2 AC PAVING, AD]UST MANHOLE, COLD MILLING, PCC IMPRV., SIGNS, LANDSCAPING/IRRIGATION & STRIPING/MARKING CITY OF PASADENA 1414 MISSION STREET souTH PASADENA, CA 91030 Telephone: 6261403-7248 Original Contract Amount: $499,995 Final Contract Amount: $535,714 Change in origlnal contraci amount is due to extra work and/or contract change orders adding work. St.lln'-MiLLERCoN-rnac'rINI(i C(-). Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: OiQnalContractAntount: $383,000 Char-rge in coniract alnount is due to ite nrs ROBSON AVEUNE & MARTiN STREET, STPL-s107(027) 1L0L28913(11154U) 2120t2-517012 RECONSTRUCTION PRO]ECT CITY OF SAN_IA MONICA 1685 MAIN SI-REET SAN_IA MONICA, CA 9O4OT ALLAN SHETI-I Telephone: 3t0l +58-220L Final Contract Antount: $380,911 of worl< being deletecl by the agency. BTDDER's EXPERTENCE AN D QUALTFTCATTONS GABRIEL B. NEVAREZ STREET RECONSTRUCTION SECTION _ I, AGNES AVE., ELM AVE., FRANCES AVE,, NORTH MURIEL DR., ADELE AVE., IGTHLEEN. /10128914(11159C) 212012-sl2oL2 AC PAVING, PCC iMPRV., FABRIC, LOOPS, SIGNS/ & STRIPING & MARKING CITY OF BARSTOW 220 E. MOUNTAIN VIEW ST., SUITE A BARSTOW, CA 92311 DOMINGO GONZALEZ Telephone: 7601255-5156 Final Contract Amount: $977,54LOriqinalContractAmount: $o'47,275 Change in original contract amount is due to extra worl( and/or contract change orders adding work. | '-':' .ii :, : i --: i i Sur-rrr-MrLr-ERCoNrRncrrivc Co. Project Name/Number: Start and Finish Dates: Project Desciption: Agenry Name: Contact Person: Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: Project Name/Number: Start and Finish Dates: Project Description: Agency /Vame.' PEDRO BARRAGON T elephone: 818/840-8840 Final Contract Antourlt: $1,313,842OrifinalContractAmount: iL,249,277 Change in original contraci amount is due to extra worl( and/or contract change orders adding worl(. DEEP CREEK ROAD OVERLAY 110t28904(1!.140C) 3lorl2ot2-3130120t2 CRUB SEAL, COLD PLANE, AC OVERLAY, STRIPING COUt\TY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORt(S 825 EAST 3RD STREFI- SAN BERNARDII\O, CA 92415 Contact Person: NIDHAIvI AL-REYES -telephone: 909-387-1831 Original Contract Antount: $778,000 Final Contract Amount: $605,995 Change [n contract amount is due to iterns oi work being deleted by the agency. BIDDER'S EXPERIENCE AN D QUALIFICATIONS M ERVyN',S B LDG. RE NOVATION CO NSTRUCTION CONTRACT I r0 1289 12(11 1 5 1 C) Tol2ott-Lu20l2 SITE UTILITIES, PAVING, AND SiTE IMPROVEMENI_S WESTFIELD, LLC 2753 E. EASTLAND CTR DR, WEST COVINA, CA 91791 RUNWAY 1s RUNWAY SAFETY AREA IMPROVEMENTS 170128907(!1143C) Ll20t2-4lz0L2 AC GRIND &OVERLAY, BASE, MARI(INGS, FENCING, ELECTRICAL BU RBAN K-GLEN DALE- PASAD ENA AIRPO RT AUTHORITY 2627 HOLLYWOOD WAY BURBANK, CA 91505 ROBERT ALLEN Telephone: 5261967-3399 Final Contract Anount: iL,284,834OriginalContractAmount: $980,902 Change in original contract amount is due to extra work and/or contract change orders adding work. Sr;r-i-v-Mn-r-cR CoNrn.^,c'rrNc; Cr-> BIDDER'S EXPERIENCE AND QI'ALIFICATIONS WILSHIRE / WESTERN FINAL PHASE /I0128903(11139C) Blzott-712012 CITY OF LA, B-PERwIT SOLAIR MARKETING, LLC 175 WEST ]ACKSON, SUITE 540 CHICAGO, iL 60604 OriginalContractAntount: $849,532 Telephone: 805/310-8270 Final Contract Amount: $863,853 Change in original contract amount is due to e><tra work and/or contract change orders adding work. Project Name/Number: Staft and Finish Dates: Project Description: Agency Name: Contact Person: Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: OriginalContractAmount: $250,000 Change in contract amount is due to JIM O'BRIEN MOVEMENT AREAS i 10128902(11136C) oNGOTNG - t2l20t3 MAINTENANCE & REPAIR WORK ON T&M IN AiRCMFT MOVEMENT AREAS BU RBANK-GLEN DALE-PASADENA AIRPORT AUTHORITY 28OO CLYBOURN AVENUE BURBANK, CA 91505 KAREN SEPULVEDA Telephone: 818i565-1305 Final Contract Amount: $36,059 €': items of worl< being deleted by the agency. Project Name/Number: Start and Finish Dates: Project Description: Agency Nante: Contact Person: NON-MOVETYENT AREA /10128901 (1113sC) oNGOTNG - l2l2o73 MAINTENANCE & REPAIR WORK ON T&M IN NON-TYOVEMENT AREA B U RBAN I(- G LE t\ DALE. PASADENA AIRPO RT AUTH O RiTY 28OO CIYBOURN AVENUE BURBANI(, CA 91505 IGREN SEPULVEDA Telephone: 818/565-1308 Originat Contract Amount: $200,000 Final Contract Amount: $5,724 Change in contract amount is due to iterns of wor[< being deletecl by the agency. BIDDE R'S EXPERIENCE AN D QUALIFTCATIONS 20 10- 1 1 FED ERAL OVERLAY PROGMM i 10128896(1 1t27 U) tol20Lt-Ll20t2 AC GRIND AND OVERLAY CITY OF SANTA CLARTIA 23920 VALENCIA BOULEVARD, STE 3OO SANTA CLARI-|A, CA 91355-2196 ' ,,nr,rr**!r''llrrr;, tr:':;:;;- items oi work being deleted by the agency. w HITEMAN ATRPORT AIRCRA FT RAM P /10 1 28893(1 1 123C) 2l2Ot2-9l20L3 RECONSTRUCTION OF AIRCRAFT RAMP LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS 9OO S. FREMOUNTAVENUE ALHAMBM, CA 91803 JOSEPH NGUYEN Original ContractAmount: $944,698 Change in original contract amount is due to e>(rra work. TelePhone: 6261,458-3L66 Final Contract Amount: $1,038,210 worl< and/or contract change orders adding St.rlr-v-Mrr-r-ER CoNrn,A.c:'rrN<; C<>. Project Name/Number: Start and Finish Dates: Project Description: Agency /Vame; Contact Person:66Ll2s9-2489 Original ContractAntount: $2,069,967- Change in contract amount is due to Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: Project Name/Number: Start and Finish Dates: P rr-tje ct D e sc ri p ti on : Agency Name: Contact Person: Oriqinal ContractAmount: $1,146,363 Change in original contract a.rnount is due to extra worl<. 20 1 1 ANN UAL CITYWTD E STREET RESU RFACING PROJECT /10128890(1 1 1 19U) 812011-2120t2 STREET RESURFACING CITY OF CALABASAS 1OO CIVIC CENTER WAY CALABASAS, C 91302-3t72 TATiANA HOLDEI\7 elephone: 8LBl224-t600 Final Contract Amount: $1,276,123 work ancl/or contract change orders adding i- j..i..:-,-j ,-, il -i.t.:r Sr;r-r-Y-Mri-r.ER CoNrRa<:'rrrq<; C<->. Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: BIDDER,'S EXPERIENCE AN D QUALIFICATIONS EAS-I- AVENUE MASTER PLAN STORM DMIN LINE I PROIECT /10128888(11117C) 7Ll20rL-1012012 AC GRIND & OVERLAY, PCC IMPRV,, STORM DMiN STRUCTURES, CONSTRUCT MANI.IOLES, RCP, FABRIC, LOOPS, STRiPING & MARI(NG, SWPPP CITY OF MNCHO CUCAMONGA 1O5OO CUIL CENTER DRIVE MNCHO CUCAMONGA, CA 91729-0807 I(ENNETII FUNG Original ContractAmount: $5,2L4,750 Change in orlginal contract amount is work. Telephone: 9091477-2.700 Final Contract Amaunt: $6,104,138 due to e)dra worl( and/or contract change orders adding sourHERN PACTFIC SLIP /10128887(11116C) lolzoLt-sl20L4 AC & PCC PAVEMENTS, PCC IMPRV,, LANDSCAPE & IRRIGATION, SITE FURNISHINGS, RETAINING WALLS, GUARDRAILS/RAILINGS, SIGNS PORT OF LOS ANGELES 425 S, PALOS VERDES STREET sAN PEDRO, CA 90731 Original ContractAmount: 55,694,70O -r elephone: 3t0 1732-7690 Final Contract Amouni: $6,160,508 Change in original contract amount is due to extra worl< and/or contract change orders adding worl<. Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person:MARLYS WHITE Project Nante/Nunber: Start and Finish Dates: Project Description: Agency /Varne: Contact Person:Telephone: 805i654-398,! Original Contract Antount: $2,470,+1-7 Final Contract Antouttt: $2,373,097 Change in contraci: arnourlt is due to itenrs of worl< being cieletec! bv the agency. WEST OAK PARK AREA / 11115C 7l\ott-3l2oL2 AC/ARHM GRIND & OVERLAY, CONCRETE IMPROVEMENTS, CRACI( SEAL, LOOPS COUNry OF VENTURT\ 8OO SOUTH VICTORIA AVEI\UE VENTUM, CA 92821 PHIL NELSON / DOLORES MURPHY BIDDER'S EXPERIENCE AN D QUALIFICATIONS ROADWAY AND WATERLINE IMPROVEMENT /10128884 (11112C) 712011-el2ot2 ROADWAY AND WATERLINE CITY OF LOMiTA 24300 NARBONNE AVENUE LOMiTA, CA907t7 Contact Person: TOM SHAHBAZI Telephone: 3L01325-7110 Original Contract Amount: $I,412,907 Final Contract Amount: $7,396,657 Change in contract arTrount is due to items or'work being deleted by the agency. FY 2O1O-2011 RESIDENTAIL AREA 7 AND ARTERI,AL ZONE AREA 5 /10128880(11 108C) 7l20Lr-212012 AC PATCHING, GRIND AND OVERLAY, CAPE SEAL, SLURRYSEAL, MANHOLE AD]USTING OriginalContractAmount: $1,819,990 I \ Telephone: 9091839-7000 Final Contract Amount: $1,823,184 Change in original contract amounl is due to extra worl( and/or contract change orders adding work. S t.rlrv-M rr-r-ER Cc>Nrr<.a.crrNG C(). Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: Project Name/Number: Start and Finish Dates: Project Description: Agency Nante: CITY OF DIAMOND BAR 21825 COPLEY DR, DIAMOND BAR, CA 91765 DAVID SLOAN BNSF AGS PROTECT- HOBART YARD i10128878(11105C) 6l2or1-812012 CONSTRUCTION OF CIVIL AND ELECTRICAL FEATURESIN SUPPORT OF THE AGS HARDWARE, SITE DEMOLITION CIVIL, ELEC|RICAL, STRUCTUML, PAVING WORK ASSOCIATED \flITH AGS BNSF 2500 LOU t\,lENl( DR., FORT WORTH, TEXAS, 76131 Contact Person: CHRISTOPHER HARD -telephone: 8I71352--4IL4 Origind Contract Antount: $10,036,878 Final Contract Antount: $L0,466,76L Change irr original contract anlount is due to extra worl( and/or contract change orders aoding vvort(. i I I I I l_r,',il-.i:i, I r' I I :,-ii:: Sr-lr-t-v-MIt,I-ItR C c>N't'R,<:-rtN<; C<>. Project Name/Number: Staft and Finish Dates: Proiect Descrlpti,on: Agency Name: Coniact Person: Original ContractAnount: $1,109,950 Change in contract amount is due to items of work -t elephone: 6261569-2100 Final Contract Antount: $1,083,687 being deleted by the agency. BIDDER'S EXPERIENCE AN D QUALIFICATIONS WALNUT GROVE AVENUE TO TUSH STREET / 1111lC oTlzotr -9lZoLL STREET RESURFACING CITY OF ROSEMEAD 8838 E. VALLEY BOULEVARD ROSEMEAD, CA9177O RAFAEL FA]ARDO Project Name/Number: Start and Finish Dates: Project DescriPtion: Agency Name: Contact Person: OriginalContractAmount: $1,813,849 Change in original contract amount is due work. sTREET REHABILITATION PROJE(:I - REBID /10 1 28881(1 I 109C) 6l2OLL - Ll20t2 TMFFIC CONTROL, GRINDING, AC, PCC, ADJUST MANHOLES & VALVES, SIGNING/STRiPiNG/MARKING, LOOPS, UNDERGROUND, FABRIC DISPOSAL, FENCE RELOCATION CITY OF CHINO 1322 CENTML AVENUE CHINO, CA 91710 NAGHMEH IMANI Telephone: 9091464-8367 Final Contract Amount: $1,868,794 lo extra work and/or contract change orders adding Project Name/Number: Staft and Finish Dates: Project DescilPtion: Agency lYame: Coniact Person: OriginalComractAtttcunt: $7,193,800 Change in origirral contract alnouni: is due ',,trOt-t<. SAN BERNARDINO COUNTY NEAR NEEDLES FROM 0.4 MILE WEST OF WHALE MOUNTAIN WASH BRIDGE TO 0.1 MILE VVEST OF PARK MOABI ROAD ovERCROSSING /10128s74(1 1099U) slz0r7 -3120t2 W]DEN FREEWAY, INISTALL PERI\4EABLE SUB BASE, EDGE DMIN, GRIND & OVERL\Y FREEWAY - 1.9 MILES IN LENGTH STATE OF CALIFORNIA, DEPARTMENT OF TRANSPOP.TATION 1727 3OIH STREET SACRAMENTO CA 958I-6 DARCY DAVIS Telephone: 951/232-6000 Flnal Contract Antount: $8,262,20! [o e><ii-a vvorl( and/or contract challge orders additg !:.-,-::i.:.-: 'r. .l -,_ri - St.rt-I.l'-MII.LER Cc;NrR.,x:'rrNc C<>. BIDDER'S EXPERIENCE AN D QUALTFICATIONS RESIDENTIAL STREET REHABILITATION FY2OlO-201I. & ANNUAL WATER MAIN REpLACEMENT PROGRAM PROIECT /1 0128866( 1. 1090 C) 4l20LL-12120!r SURVEY, SWPPP, PCC, AC, CRACK SEAL, AD]US-|'MANHOLES TO GRADE, TREE ROOT PRUNE, STRIPING & MARI(ING, SLURRY SEAL CITY OF LA HABM 201 E, LA HABM BOULEVARD LA HABM, CA 90631 SAM MAKAR, P.E,, SR. Telephcsne: 56U905-9720 CIVIL ENGINEER OilginalContractAmount: $3,535,885 Final Contract Antount: $4,029,I45 Change in original contract amount is due to ext*ra work and/or contract change orders adding work. Project Name/Number: Start and Flnish Dates: Project Description: Agency Name: Contact Person: Project Nante/Number: Staft and Finish Dates: Project Description: Agency Name: Contact Person: Original ContractAmount: $4,622,722 Change in original contract amount is work. "G" AVENUE RAIL LEAD TMCK & CHANNEL PROJECT: PHASE II-LEAD TMCK coNSTRUCTTON & DRAINAGE CHANNEL CONSTRUCTTON / 1012886s( 1 1088C) 03/2011 -02170t2 TRACK IMPRV., Aq FENCING, STRUCTURES, CAB, PCC, SWPPP, TREE, CLEAR & GRUB, EROSION CONTROL CITY OF HESPERIA 97OO SEVENTH AVENI-JE HESPERIA, CA 92345 TINA SOUZA Telephone: 7601947-1474 Final Contract Amount: $4,988,909 due to extra worl( and/or contract change orders adding Project Nante/Number: Start and Finish Dates: Project Description: Agency Name: Contact Persan: OijnalCcntract;3,nlouni: $92t5,999 Cl..ange irr orlginal corilT.tci: anror-ini is cjue io e){-l-.-r \r,.roi'l(. ELM ST'. RESURFACTNG & WATERLTNE REpLACEMENT /10128864(11087C) 03l20tt-o7l20tt CLEARING & GRUBBiNG, AD]USTING MANHOLE & WATER VALVE & WATER METER, SLJRVEY MONUMENT-, pCC, CATCH UASIN, COLD MILI_iNG, ARHM, AC, S-IRIPING & MARKING & SIGN]NG, LOOP DETECTORS CITY OF BREA ONE CIVIC CENTER CIRCLE BREA, CA 92821 BRl;lt\l lNGALLIN ERE/\Te!ephcne: 7141671-4450 Final Contract /1t1ioui1t: 91,096,25!l rrrio r|c a n c-i /<t r co n i-ra ci. C h.--i I Qe o i-d e I. s a citj i n g I ,' r Sr-llt-v-MrLr-EnCosrlnacrrN<; (l<>. originalContractAmount: $294,536 Change in contract amount is due to items of work being deleted by the agency. Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: OriginalContractAmount: $878,000 Change in contract amount is due Project Name/Nuntber: Staft and Finish Dates: Project Description: Agency Name: Contact Person: OriginalContractAmount: $2,198,000 BIDDER'S EXPERIENCE AN D QUALIFICATIONS FLORENCE AVENUE STREET REHABILITATION PRO]ECT/ IOO85C 06l20rt-071707t CLEARING & GRUBBING, EXCAVATION, COLD MILL, ARHM, AC, MANHOLE ADJUSTING, VALVE/GAS ADJUSTMENI STR1PING & MARI(ING, TRAFFIC LOOPS CITY OF BELL 6330 PiNE AVENUE BELL, CA 90201 CARLOS ALVARADO -t elephone: 626/960-1889 Final Contract Amount: $271,478 LAV COLLEGE /r0084C 02l2otL - 08/2011 RECONSTRUCT PARKING LOT CHEVERON ENERGY SOLUTIONS 150 E. COLOMDO BLVD., STE: 360 PASADENA, CA 91105 WAYNE GRAHAI\,1 Telephone: 4t51773-4748 Final Contract Amount: $783,082 Lo items oi work being deleted by the agency. 20t0 | LI ovERLAY PROJ ECT /10083C 02l20Lt - 071201L MOBILIZATION, TMFFIC CONTROL, CMCI( SEALING, AC, ARIIM, MANHOLES, LOOPS, THERMOPLASTIC STRIPING, PAVEMENT MARI(ERS, SIGNS, TREE WELL, CROSS GUTTER, DETECTABLE WARNING SURFACE, TREES, WATERVALVE, PULL BOX CITY OF CYPRESS 5275 ORANGE AVENUE CYPRESS, CA 90630 NICI( iqANGIGLA((IRI Telephone: 7L41229-6129 Final Contract Antout'tt: $1,790,853 Change in contract amount is due to iterns oi'work beirrg deleted by the agency. Sur-r-:r-Mrr-r-Err CoN.rRrtr:rlN<; C<>. BIDDER'S EXPERIENCE AND QUALI FICATIONS Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Coniact Person:Telephone: 9091869-6842 Final Contract Amount: $693,203OriginalContractAmount: $653,600 Change ln original contract amount is work. due to extra worl( andlor contract change orders adding 26TH STREET IMPROVEMENTS /1OO74U 02l2ott - 07l'20r1, EXCAVATION, CUT & DISPOSAL OF AC, GUTTER, COLD PLANE, COLD RECYCLING, CMB, MANHOLES, STRIPING & MARI(ING, TMFFIC SIGNAL, LOOPS, CONSTRUCTION SIGNS CITY OF VERNON 4305 SANTA FE AVENUE VERNON, CA 90058 OriginalContractAmount: $873,2I2 Telephone: 323/583-8811 Final Contract Amount: $899,429 Change [n original contract amount is due to extra work and/or contract change orders adding work. TNNOV. VTLLAGE lt0079C 0Llzott - oslT}LL AC PAVING, COLD MILL, CRACI( FiLL, AD]UST MANHOLE, LOOPS & PCC CAL POLY - POMONA FOUNDATION 3801 W. TEMPLE AVE POMONA CA 901768 BRUYN BAVANS Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: Project ltame/Number: Staft and Finish Dates: Project Descripiion: Agency Nante: Contact Person: OriginalContractAntount: $226,000 Change in original contract alroLtni: is due work. MFAEL CONTRERAS EMERALD AVENUE STREET IMPROVEMENTS / 1OO77U 2l2OtL-3l20tr AC OVER BASE, STRIPING & I\,IARKING, CURBS, RAMPS, E)(CAVATION TRAFFIC COIITROL, COLD PLANE, CMB, MANHOLE ADJUSTING, LOOPS, SLOUGH WALLS CITY OF LA VERNE 3660 "D" SI-REEI' LA VERNE CA 91750 ]ASON WELDAY Teleplrcne: 9091594-9702 Final Coniract Antount: $487,575 to extra worl< and/or contract change orders adding :l l,::. Su t-I-r'-MILr-ERCournac:'rrN<; Co. BIDDER'S EXPERIENCE AND QUALIFICATIONS ROSECRANS AVENUE & VALLEY VIEW AVENUE STREET IMPROVEMENTS i 1OO72C ollz}Lt - 031701t MOBILIZATION, EXCAVATION, CMB, COLD MILL, ARHM, AC, CURB & GUTTER, ADJUST WATER VALVE & MANHOLES, STORM DRAIN, LOOPS, TRAFFTC CONTROL, PAVEMENT MARKERS, SURVEY MONUMENTS CITY OF SANTA FE SPRINGS r1710 TELEGMPH ROAD SANTA FE SPRINGS, CA 90670 Contact Person: MFAEL CASiLLAS Telephone: 562/868-0511 Original Contract Amount: $668,149 Final Contract Amount: $559,031 Change in contract amount is due to items of worl< being deleted by the agency. Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Project Name/Number: Staft and Finish Dates: Project Description: Agency Name: Contact Person: Project Name/Number: Start and Finish Dates: Project Description: Agency Nante: Contact Person: OriginalContractAmount: $6,595,968 Change [n orlglnal contract amoLrnt worl(. LB ANNUAL 2010 /10128849(1007IC) ouzotL - tu20L2 EMERGENCY REPAIRS CTTY OF LONG BEACH 33 WEST OCEAN BLVD LONG BEACI-I, CA 90802 ROBERT SOLIS MMPS A&B REHAB IIOOTOC \uzul - 07l20tL AC PAVING, PCC IMPRV,, ELECTRICAL, FENCING, WI-IEEL STOPS, STRIPINGi MARKING BU RBAN K- G LEN DALE- PASAD E NA AI RPO RT AUTH O RIT'T 28OO t\I. CLYBOURN BURBANK, CA 95105 SAFA IGMAGAR Telephone: 818/565-1305 Final Contract Amount: $6,7L3,!33 Telephone: 5621570-5L76 OriginalContractAmount: $2,000,000 Final Contract Arnount: $2,210,831 Change in original contract amount is due to e>Crra work and/or contract change orders adding worl(. -iil [s due to extra work and/or coniract change orders adding St-t lr.r,-Mrr-LeR Cc>urr<rv;rrN<; Cc->. BIDDER'S EXPERIENCE AND QUALIFICATIONS ProjectNante/Number: VALLEYBLVD.REHABILITATIONPROJECT/10069U Stalt and Finish Dates: 0tl20lL - 07l20Ll Projeci Description: SURVEY, AC GRIND & OVERLAY, CMB, PCC IMPRV., RCB CULVERI ADIUST UTILITIES, SIGNSiSTRIPING/MARI(ING, LANDSCAPE & IRRIGATION Agency Name: CITY OF ALHAMBRA 111 SOUTH FIRST STREET ALHAMBRA, CA 91801 Contact Person: MELISSA RAMOS Telephone: 6261282-5833 Original Contract Amount: $1,851,617 FinalContract Amount: $7,87L,827 Change [n original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: LAKE-ALAMEDA /10128845(10067U) Staft and Finish Dates: 0Il20lL-L2l20LL Project Description: ACCESS PATH CONSTRUCTION Agency Name: LACDPW 9OO SOUTH FREMOUNT AVE 8TH FLOOR ALHAMBM CA 91802 Contact Person: MARIO RODRIGUEZ Telephone: 626/458-5100 Original Contract Amount: $L,449,940 Final Contract Amount: $1,551,239 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: LAKEWOOD BOULEVARD IMPROVEMENTS - PHASE 3A /1012884-1(10063U) Start and Finish Dates: L0l20L0 - LUZ}LL Project Description: AC PAVING, PCC IpIPROVEMENI CLEAR/GRUBBING, ELECTRICAL, IRRIGATION, MANHOLE ADJUSTING, SIGNING, STRIPING & UNDERGROUND Agency Nante: CITY OF DOWNEY 11111 BROOIGHIRE AVE., DOWNEY,CA 90241 Contact Person: DESI GUTIERREZ -telephorte: 5621622-3468 Original Contract A.ntoutlt: $3,233,203 Final Contract Amount: $3,547,058 Charrge in original contract atnount is due to extra work and/or contract change orders adding work. l-!,la::.::l :. :: i -_,-ri-: S t l r-i.rr-I\zI r r. t- ER C c>rur'R.,rc'rrN<; C c:. Project Name/Number: Start and Finish Dates: P roject Descriptiot'r : Agency Name: Contact Person:MARK ROWAN OriginalContractAmount: $1,645,609 Change in original contract amount is due worl<. BIDDER'S EXPERIENCE AN D QUALIFICATIONS MAIN STREET - 2*D STREFTTO "H" AVE/lOO57C 04l2otL - 10/2011 COLD PLANE, AC, PCC, AD]UST UTILITY MANHOLES, REMOVE CATCH LOOPS, TRAFFIC SIGNAL, STRIPING & MARI(ING, SWPPP, SUP.VEY CITY OF BARSTOW 220 E. MOUNATAIN VIEW ST. BARSTOW, CA 92311 Telephone: 760124L-Gt46 Final Contract Amount: $1,869,560 to extra worl< and/or contract change orders adding BASIN, CMB, Original ContractAmount: $1,218,105 Telephone: 3101544-5252 Final Contract Amount: $1,275,338 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: Project Name/Number: Staft and Finish Dates: Project Description: RES]D ENTTAL STRE ETS rM PROVEM ENTS PROI ECT / 10 128832(100s3C) 08/2010 -041201t SURVEY/MONUMENTS, PCC, CMB, TRUNCATED DOMES, CAPE SESAL, CHIP SEAL, SLURRY SEAL TYPE II, AC, CMCI( ROUTING & SEALING, AD-]UST MANHOLES & VALVES, ROOT PRUNE, STRiPING & MARKING & SIGNS CITY OF RANCHO PALOS VERDES 30940 HAWTHORNE BLD. MNCHO PALOS VERDES, CA 90275-5391 CHUCK STEPHAN AVENUE H, MOUNTAIN VIEW, ZND AVE, COUNTY CLUB /1005].C 09/2010 - o4lzott AC, UTILITY MANHOLES, CMB, PCC, TMI=FIC SIGNAL, LOOPS, STRIPING & MARI(IMG, SIGNAGE, AD]UST WATER VALVES & GAS VALVES, REPAIR EXIST]NG SEVIiER LINE CITY OF BARSTOW 220 E. IYOUNTIAN VIEW ST BARSTOW, CA 92311 Agency Nanrc: Contact Person: MARI( ROWAN -telephone: 7601241-6146 Original Contract /;n'tount: s1,523,000 Final Contract Amouni: $1,803,836 Charrrlr- in origirral corrii-ar:,- aniourrt is ciure to e><tra trioi'l<;:tici/cr cotrtraci chattqe oi'ciet-:; ao,Jing \/ir'o i-t(. j.- ,i j,1 .1 Sr-lr-r-v-.Mrr.r-ER C<>Nrnac'rrN<; Cc>. Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: OriginalContractAmount: $1,124,L34 Change in original contract amount is due to extra worl(. BIDDER,S EXPERIENCE AN D QUALIFICATIONS VARIOUS STREETS, ViRGTNTA WAY ETC /10048C 02l20lt - 12l20Lt AC, PCC, CATCH BASIN, UTILIT MANHOLES, LOOPS, STRIPING & MARKING, SIGNAGE CITY OF BARSTOW 220 E. MOUNTAIN VIEW ST BARSTOW, CA 92311 MARK ROWAN Telephone: 760124L-6146 Final Contract Amount: $ 1,365, 121 work and/or contract change orders adding Project Name/Number: Start and Finish Dates: Project Description: Agency Name: Contact Person: M EADOWPASS ROAD IM PROVEM ENTS I 1,0047 C 09/2010 - o3lzolr CLEARING & GRUBBING, CAB, AC, PCC, AD-]UST VALVE & MANHOLE TO GMDE, STRIPING/MARKINGi SIGNS, STREET LIG HTING, RETAINI NG WALL, MASO NRY WALL, PIPE LANDSCAPE & IRRIGATION, LOOP DETECTORS, STROM DMIN. CATCH BASIN, STRUCTURES, RCP CI-I=Y OF WALNUT 21201 LA PUENTE ROAD WALNUI CA 91789 JASON WELDAY Telephone: 909/595-6095 Final Contract Amount: $3,910,596 work and/or contract change orders adding Original ContractAmount: $3,445,395 Change in original contract amount is due to extra u/ork. Project Name/Number: Start and Finish Dates: Project Description: Agency Name: ARMORY ROAD /10046C 09lzoto - oLl2oLL AC EMULSION, ADJUST MANHOLE, SURVEY, STRIPINIG/MARKING/SIGNS, PCC, LOOPS CITY OF BARS-IOW 220 E. MOUNTA]N VIEW ST BARSTOW, CA 92311 Contact Person: WILLIAT\4 HENDERSON Telepl'tone: 7601255-515/ Original Contract Amount: $782,765 Final Contraci Atnount: $786,834 Clranqe in original contract amount is due to extra vvorl< and/cr contraci clrange orders adding wor'[<. i St;t-t-v-MrI-I.ER C<>N-r-RrLcrtN<; C<>. BIDDER,S EXPERIENCE AND QUALIFIEATIONS Project Name/Nuntber: ABBOTT ROAD STREET IMPROVEMENTS / 10043U Staft and Finish Dates: 09120L0 - 1212010 Project Description: AC GRIND & OVERLAY, PCC IMPRV., ADJUST UTILITIES, ELECTRICAL, ROOT PRUNING/TREE TRIMMING/TREE REMOVAL, SI-RIPING & MARKING, STORM DRAIN STRUCTURES Agency Name: CITY OF LYNWOOD 11330 BULLIS ROAD LYNWOOD, CA90262 Contact Person: PAUL NGUYEN Telephone: 310/603-0220 Originat Contract Amount: $1,267,754 Final Contract Amount: $L,601,267 Change in original contract amount is due to extra work and/or contract change orders adding worl(, Project Nante/Number: DAISY AVENUE lL0042C Start and Finish Dates: O9l20l0 - 03l20LL Project Description: PULVERIZE, CLEAR & GRUB, BOLLARDS REMOVAL, REFURBISH BOLLARDS, TREE & STUMP REMOVAL, TREE PRUNE, AD-]UST MANHOLES &VALVES, ELECTRICAL, AD]UST SURVEY MONUMENTS, CONCRETE IMPRV., GMNITE, AC, FIREHYDRANT MARI(ERS, STRIPING & MARKING, LANDSCAPE, UNDERGROUND Agency Name: CITY OF LONG BEACH 333 WEST OCEAN BLVD LONG BEACH, CA 90802 Contact Person: ERIC LOWE Telephone: 5621570-5L76 Original Contract Amount: #t,3t2,2L7 Final Contract Amount: $1,362,408 Change in original contract amount is due to extra worl( and/or contraci change orders adding work. Project Name/Nurnber: STATE STREET lI0037U Staft and Finish Dates: 08/2010 - 03/2011 Project Description: REPAIR OF PCC PAVEMENT AND SWMMPS/DW Agency Name: CITY OF S0U1-H GATE 8650 CALIFORNIA AVENUE souTH GATE, CA 90280 Contact Person: DANIEL GRUEZO Telephone: 3231357-9657 Original Contract Antourtt: $L,299,9'/3 Final Contract Amount: $1,546,185 Change in origlnal contract amount is drre to e;<tra \1orl( and/or contract change orders adding wor{(. i,',-'', . i -,:!:i l,:!:i SIDDING FORIYIS Company Name: CONTRAGTOR SAFETY 8U ESTIONNAIRE Sullv-Miller Contractino Comoanv Primary Type of Work:General Contractor PersonCompletingForm: flarin Fergrrsnn ___ .. Title: Safety Manaqer phone Number : 7 14 57 3a609 Date: 6/10/15 SAFEW PERFORMANCE1, Llst your company's lntemlate Eperience Ratlng Modifier (Enn4;t for tl're lhree most recent years, 20 rs 20:-a'20-::- 5q Llst your company's number of injurles/lllnesses from your OSHA 300 logs for the lhree most recent years. 20-rg_fril--2012_ .0 0 o 12 13 1'l 010 010 529,828 6Zl.s92 488, 954 3, Please provide copies of the following items (ag); and ltems (d-g) for a. Fatalilles b. OSHA recordable incidents c. Lostworkdayincidenls d, Total lost woft days e. Total hours worked a), OSHA 300 logs forthe most recent lhree and current year-todate b). Verificalion of ERM from g). Emergency Response Training -written Safety P rog ram Company Safety Contact; a. Name Darin Ferguson b. Phone 7r4ls7B-es11 I ERM = applies 'lo workers' compensation policies. lt compares the experience of this contraclor to others o[ similar slze, type and ratio. Used against annual premium. lt has a direct correlation to how much the conlractor pays in workers'comp premium. f,n nnrrn, Nfn P"" /il"naun*l f). Training Certificates for Employees k' BF 22 of38 CONTRACT0R SAFETY QU ESTIONNAIRE (continued) SAFETY PROGRAM 1. SAFEry PROGRAM DOCUMENTATION a, Do you have a written safety program manual? 1) Last revisbn date 2 o r 4 b, Do you have a wrilten safety fleld manual? c. Are all workers glven a booklet that contains work rules, respnsibilitles, and other appropriate information? 2, .POLICYAND MANAGEMENT SUPPORT Z'a, Do you trave a safeiy pollcy statementfrom an officerof @*othecompany? ' U b. Do you have a dlsclptinary process forenforcement ofyoursafety Program? c. Does management setcorporate safety goals? . d. Does executive rnanagement revhw E Acc{dent reports? ! Safety statlstlcs? n lnsPectlon rePorts? e. Do you safety pre-qualify subcontractons? f. Do you have a written policy on accident reporting and investlgatlon? g. Do you have a light-duly, return-to-work policy? h. ls safety part of your supervlso/s performance evaluation? @ *" i. Do you have a personal protective equipment (PPE) policy? @ *o J, Do you have a written substance abuse program?,feltttoV @nto @*o ves@ @*o @ro BIDDING FORMS lf yes, does it include (check allapplicable boxos): E Pre-employment testlng l-l Return-to-duty testing E Random testing I Disciplinary process El Reasonable cause testing E Alcoholtestlng El Post accldent testing tr National lnstltute on t E Panel Screen k. Does each level Qf managemenl have assigned safety dutles and responsibilities? Post accldent testing tr National lnstltute on Drug Abuse BFAof38 lf yes, checkwhlch apply:x PreproJecUlaskplanntng x Emergencyprocedures x Record keeplng v Audih/lnspections - Safety committees x Accldent invesllgations/reportng :-HAZCOM x Training documentatlon . x Substance abuse provention x Hazardous work permlts @*o zfe?tuolr' ___ Subcontractor prequalilication t*@ @*, €go n total company ! By superintendent ! By project ! By project manager E By foreman E ln accordance with OSHA How often? E Weekly D MonthlyIQuarterly EAnnualty E Oherg-ar"".t- d. Do you hold toolbox/hilgato safety meetings focused on your specific ttnrk operatlons/exposures? How often? E Weekly E Dally X other e. Doyourequkeequipmentoperatlon/certlficatlontralnlng? @" union 3. TRAININGANDORIENTATION a. Do you conduct safely orbntation haining for each employee? b, Do you conduct sito safety orlentation for every person new to the jrob site? c. Does your safety program requhe safety trainlng meetings? for each supervisor (foroman and above)? 4, ADMINISTRATION AND PROCEDURES a. Does yourwritten safety progmm address ad m inislrative procedures? BIDDING FOFMS x Return{o-wbrk ' b. Do you have prdect safeU committees? c. Do you conduct job site safety inspectlons? Howoften? D oany E Weekly I Monthly [] other- Do these inspections includes.a routine safety lnspection of equipment (e.9., scaffold, ladders, fire extinguishers, etc,)? d. Do you investlgato accldents? Howare they reported? e. Do you dlscuss safety at all preconstructlon and progress meetlngs? @*, BF 24 of 38 ( I BIDDING FORMS f Do you perform rigglng and llltlng checks prlorto lifllng/-eslo [il Forpersonnel E Forequipmont I Heavy llftsffore than 10,000|bs.) WORK RULESa. Do you perlodlcally update work rules? When was lhe last update? 2ot4 b. What worlt practlces are addressed by yourwork rules? El Access-entrances/staks El Resplratory prolectlon E cPR/firstaidI Barilcades, signs, and slgnalsI alasting E] Communlcattons OSHA INSPECTIONS a, Have you been inspected by OSHA in the last three years? b. Were these inspection$in iesponso to complalnts? c. Have you been cited as a result of these lnspections? lf yes, describe the citations (add addillonal sheels if necessary): f] Envlronmentalcontrols and tr Monitoring equipment El Material hbndlingistorage E Temporaryheat fl Vehlcle safetyfl Compressed air and gases fl Vehlcle safety EI Concrete work E Trafflc conhol El Conlined-space 6nlry El Site visitor escorting El Cranes/rlgglng and holstlng E Publlc protect E Electrlcalsroundlng E Publlc protectlon tr Equipnentguards and groundlng @. gPu, @N, P1 ase see att-ached BF 25 ol 38 Wetding and cuttlng (hotwork) E Ottrer E Flammable material handling/storage I Stle sanitatlon E] Trenctring and excavallng [] LockouUTagout I rnergtzed/Fressudzed equipment E Pensonal protectlve equlpment ElTools, power and hand El Electrlcal power llnes 0ccupatlonal health maintenance/pro-op checks/ 2013 One GeneralViolation CCR 8 Section 1509 lnjury and lllness Prevention Program (c) The Code of Safe Practices shall be posted at a conspicuous location at each job site office or be provided to each supervisory employee who shall have it readily available. Note: Violation Items # ID Type Standard fssuance Abate Curr$ Init$ Ftal Contest LastEvent 1.O1001Other 1509C 05/24120130s129120t3 $125 $160 $005/31/2013F-FormalSettlement 2. 01002 Other 1524 A}L 05/24120t3 0s12912013 $0 $160 $0 0s/31/2013 Dismissed BIDDING FORMS DESIGNATION OF SUBCONTRACTORS NAME OF BIDDER; Sully-Miller Contracting Company Each Bldder must llst, on lhe form provided on the next page, each Subconlnactor who wlll perform woft or labor or Ender servlce to the Conlractor in or about the constructlon of tlle Work or improvement, or a Subcontractor llcensed ln the State of Californla who, under subcontract to the Contractor, speclally fabrlcates and inslalls a portlon of the Work or improvement according to detailed drawings contalned in the Drawings and Speclflcalions, in an amount ln excess of one-half of one percenl of the Gontracto/s Base Bid Amount, Each Subcontac{or must have an active and current license, and all requlsite speclalty certlf lcatlons, when listed. Bldder mu'st provlde the followlng informatlon for EACH Subcontractor. L The name ofthe Subcontractor; . 2. The trade and $pe of work that the Subcontractorwill perform; 3. Location (address) ofSubconfacto/s place ofbuslness; 4. Subconlnactor's license number; and any speclalty llcenses; a.nd 5. Dollarvalue of the Wofi that lhe Subcontnactorwlll perform. Subletting or subcontracting of any porflon of lhe Work in excess of one-half of one percent of the Contactofs Base Bkl to whhh no Subcontractor was deslgnated ln the orlginal Bid shalt only be pumltled ln cases of publlc emergency or necrssily, ' and then only afrer a flnding reduced to wriling as a publlc record of the City setting forth he facts constituting lhe emergency or necesslty. lf the Contractor violates any of the above provlslons the Contractor may be in breach of thls Contract and the City may exerclse the opllon, ln lts own discretlon, to (1) cancelthls Contract, or (2) assess the Contractor a penalty ln an amount not more lhan len percent (10%) of the amount of the subconkact involved, and this penalty shall be deposited in the fund out of which the prlme Copkact is amrded. 'lf the Conlractor falls to specify a Subconttactor, or if the Conlractor specifles more than one Subcontractor for the same trade or typo of Work to be performed under the Contract ln excess of one-half of one percenl of tho ftnlractot's Base Bid Amount, then the Contractor agrees lhat he/she ls fully qualified to perform that Work hlrnself/hersell and that he/she shall perform that Work hlmself/herself. lf after award of Conkact, the Conlractor subconlracls any such Work, lhe Contractor will be sublect to 0rc statutory penallles. DESIGNATION OF SUBCONTRACTORS FORM IS ON THE FOLLOWING PAGE BF 26 of 38 ( DESIGNATION 0F SUBCONTRAGTORS (continued) Please type or legibty print (attach additionalsheets as necessary). Name of Subcontractor Trade and Typo of Work to be Performed Business Location ?BS .O1o/ plr,,vl col/ l?zc-/clz fi-,r'-'p"- vz- /1<v dr,<p 6 i*? it )^ ', $/ot-th2la,t F-ff r/f ,1,'ltcS Nl r unl l;1,'21 Corn^o - CL Rcs+Cr"L( +.1/(.ll-"1*" a {.-rr.i r *t/-*,'-J*chin"3l/3>l DIL # looDoo3)G,) lO\octo3oG lcoooo c/)gG lNo110')?6 l,oou /c3Y License Number Dollar ($) Valus 9a1.)s>330P@ IG,? ?/,' 7))-t7()'l,o5o' 77$))ficrr..r 7$S i6" BIDDING FORMS The Contractor shall not: A. Substitute any person as Subcontractor ln place of the Subcontractor llsted ln the orlglnal Bld, except lhat the City may mnsent to ttre substitrrtion of anolher person as Subconlractor [n any of the following siluatlons: 1. When the Subconfactor listed ln he Bid, after having had a reasonable opportunity to do so, hils or refuses to execute a written conlract for lhe scope of Work specifred in the Subcontrac(ot's bid and at the prlce speclfled tn the Subconlractor's bid, when that written contract, based upon the. general telms, condiilons, Drawings and Speclflcations for the Project or the lerms of Conhactois wrilten Bld, is presented to the Subconiractor by the Contlactor; 2. When the llsted Subcontractor becomes lnsolvent or the sublect of an order for rellef ln bankruptcy; 3, When the listed Subcontrmtorfails or refuses to perform hls/hersubcontract; ' 4. When lhe listed Subconlractor falls or refuses to meet the bond requhements of the Contractor as setforth in Public Contract Code Section 4108; 5. When the Contractor demonstrates to the City that the name of the Subcontractor was listed as tho result of an lnadvertent clerlcd error; 6. When the llsted Sub.ontractor is not licensed pursuant to the Conlractons Llcense Law; 7. When tho City determines that the Work peilormed by the llsted Subcontnactor is substantlally unsatisfactory and not in substanlial accordance with the Drawlngs and Specltlcatlons, or that the Subcontractor is substantially delaying or dlsruptlng lhe progrcss of the Work; B. When the listed Subcontraclor is lnellgible lo wolk on a public works prolect pursuant to Section 1777.1 or 17T1.7 of the Labor Code; or 9. When ffro City determines that the llsted Subconlractor [s not a responslble contractor. B. Permit any subcontract to be voluntarlly asslgned or hansferred or allow'it to be performed by anyone other lhan the orlginat Subconlractor listed in the original Bird, wlthout the consent of the City. C. Other lhan in the performance of "change orders' causlng changes or devlatlons from the orlglnal Contract, sublet or subconhact any porlion of the Work in excess of one-half of one percent of the Contractois Base Bld Amount as to which his/her original Bld did not designate a Subcon{ractor. Prlor to approvalof lhe Contractor's request for a Subcontractor substitution, the City shall give notice in writing to the listed Subcontraclor of the Conlractofs request to substilute and of the reason for the request The notlce wlll be served by certlfled or registered mail to the last known address of the Subcontractor, The llsted Subcontractor who has been so notlfled shill have five (5) Working Days wilhin which to lransmlt to the City written obiections to the substitution. Failure to file these written obJections shall constitute the lisled Subcon{raclor's consent lo the substitutlon. tf written objections are filed, the City shall give notice in writing of at least five (5) Wo*ing Days to the llsted Subcontractor of a hearing by the City on the Contractor's request for substitution. The Contractor, as a condition to asseffng a claim of lnadve(ent clerical error in the listing of a Subcontractor, shall withln two (2) Working Days after the time of the Bld Deadline, give written notlce to tho City and copies of such notice to both the Subcontractor he/she claims to have llsted In error and the intended Subcontractor who had hid to the Contractor prlor to the Bld Deadline, ( BF 28 of 38 1, 2, BIDDING FORMS QU ESTION NAIRE REGARDING SUBCONTRAGTORS Bidder shall answer lhe following questions and submit with his/her Contract proposal. Were bld depository or reglstry services used In obtdining subc'ontractors bld flgures in order to compute your bld? Yes fl l{o m lf the amrrer to No. 1 Is *Yes', please forward a copy of the rules of each bld depository you used with lhls queslionnaire, Did you have any source of subconlractors' bids other than bird depositories? Yes Has any person or group threatened you with subcontnactor boycotts, unlon boycotts, orother sancllons to attempt to convince you to use lhe seMces or ablde by lhe rules of one or morc btd depositorles?YesD NoEI lf the answer to No. 4ls Yes", please explaln the following delalls: (a) Date:(b) Namo ofperson orgroup:(c) Job involved (if appllcable):(d) Natureofthethreats:(e) Addilionalcomments: (Use additlonal paper if necessary) 6. Was a consclous effort made to recruit or provUe equal opprtunity for bids b or project area. subcontractons?Yes K No Was a consclous effo( made to recruit and hke projeciarea lower-lncome residenM Please submit slatement. Yes x No n We declare under penalty of perJury that the foregoing ls kue and conecl. Dated thls 1 Oth . day of June 3 4 5. y mlnodty D 7. ,2015_. All of the above statements as to oxperlence, financial qualiflcatlons, and available plant and equipment are submitted in coniunclion with the propsal, as a part thereol and the trulhfulness and acrcuracy of the informatlon ls guaranteed by the bidder. Title: Assistant SeCretarv__ Name of BF 29 of38 \oN l BIDDING FORMS SPECIALTY CONTRAGTOR OR SUBGONTRACTOR STATEME NT O F QUALIFICATIO NS TRAFFIC SIGNAL AND SIRIPINGWORK As part of its Bid, Bldder shall submit thts Statement of Qualiflcatlons for the Subconhactoi that will perform the {nafftc slgnal and sttlping work, or for the Bldder ltself, if Blddet will self'perform thls evldence to Indlcate successful experience ln provldlng ttaffio signal and shiplng the Prolect Drawings and Speciflcations. Referenced qualificatlons shall dem installei of hafflo stgnat equlphrent and related electrlcal work and/or traiflc strlping, pavement markers, and pavement markings. A Bid may be relected as non.responsive if Biddsr fails.to provide lhis completed form vrith the Bld or submits lhis form with inaccurate inf6rmation. Mandatory qualificatlons: Specialty Conhactor (or Bidder, If selFperformirg) shall Parking and Highway lmprovemen( Califomla Con{rac during perforrnarme of the Work and shall establish lhat it conskuctlon of ttaffic signal rnodifhations and/or traftlc s{rl to this ProBct within three (3) yeais prlor to lhe Bld Deadline. specialtyconur.,or*u*u'- - C-kri:t Qtrv.t&n'l ProJect Manager I Foreman: Phor" No. qoq J 1 b_ b35E 1. Project Name: Address: Date Cornpleted: Roference/Gont.rtur*r, C-\r.^I GonJon Reference/Conlact Phone No; "lUtt . 5-) O - lta) J . Desdription oJ work peformed: 2. ProJectName: Date Cornplcied: Referencs / Conlact Name:Te rrrse LaFeue, Reference / con{act phone N', U (/ ( (4 L/T: [, 61 I C0MPABABLE PROJECIS (Provide at leastthree (3) projects) {- RPin, Description of work performed:$f _ha_urr*s,r_t_rQl&udf BF 30 of 38 a BIDDING FORMS Prdect Namo: Address: Dale Completed: Reference/contactt'tame: [\aVl hpu4i,t - Reference / Contact Phone Nu ltotc 343s5b( x| SIZ Descriptlon of work performed: 4, PmjectName: Address: Date Completed: Reference / Conlact Name: Reference / Conlact Phone BF 31 of 38 FERREIRA CONSTRUCTION and/or trafllc s{rlping in h mo Btd De4dBno. . 1909606?711 P.OO|/O0Z . BIDDIIGFORMS I it fl E c'li .q 1, ri i:i I ir/ each comparablo ln sctpo ard oomphxlty t$iux.nN Ct), Elq-. :i E,fin, P'rv.lcr-:q-€ @azOrzA{ai A:( three(3) proJec6)PROJECTS (Provldo at 't {-g+rr (.\ rh$.lD t1i(i !F ,i Drl_ -q.ENs\ 2..\ (-. poformed: S:CIc,.\f F.!i rxry1 ' if Bidder fslls-to povide th$,completed form with tho B[d or submlB this fom I,r . i, : Lt EF30 of38 I I I I i t- ! I I I ! (, I i l .( FERNETRA CONSTRUCTION 'tll t! ilr{ t tiI ,j I I i) 19096067?11 P. OO2/OO2 BIDOINO FORMS cr(- 5\z- ionJ fl tJ h- ilii |,r 4t ,if 'j ri il rl frt! [(i ii :1 i( III i,i .1 lr !:jr,! ,r' d .!i Ht 4 !i ;{,l BF 31 of38 TOTAL P. OO2 \i 2.e-J : I ii ii il l: ! i I I ( : I :, i I I I i ! BIDDING FORMS CONTRACTOR'S AFFIDAVIT OF NONCOLLUSION STATE OFCALIFORNIA CoUNTYoFgEnge_ Dennis Gansen _ being lirstduly sworn, deposes and says: 1. That he/she ls thg Assistant or other prcper title) of (herdnafler called "Conkactor") who has submltled to the City of Vernon a Bid for the constructlon of the Slauson & Boyle Street & Ttaffic Improvements: That said Bid is genuine; that the same is not sham; that all statements of fact therein are true; That said Bld is not made In the interest or behalf of any person, parlnership, company, associalion, organization, or corporatlon not named or disclosed; That Contractor did not, dlrectly or indirectly induce, sollcit, agree, collude, conspire or contrlve wllh anyone else to submlt a false or sham bid, to refrain from bidding, or withdraw hiJher bid, to raise ot fix the Bid prlce of Conlractor or of anyone else, or to ralse or flx any overhead profit, or cost element of Contr:acto/s prtce or lhe price of anyone else; and did not attempt to lnduce act'on prcJudlclal to the interests of the City of Vemon, or of any other Bldder, or anyone else interested-in the proposed Contract; That the Conlraclor has not in any manner sought by colluslon to secure for himself an advantage over any other Bldders or induco action preJudicial to the intetests of the City of Vernon or of any other Bldder, or anyone else interested ln the proposed Contract; lhat the Conlractor has not accepted any bld from any Subcontnactor or material suppliet through any bld depository, the bylaws, rules or regulallons of whlch prohibit or prevent the Contractor fiom considering any bid from any Subcontractor or materlal supplief which is not processed hrough sald bid depository, or vuhlch prevent any Subcontraclor or material supplier from bidding to any Contraclor who does not use the hcilities of or accept blds from ot through such biiC depository; That the Contractor dld not, directly or lndhectly, submit the Contracto/s Bid price or any breakdQwn thereof, or the contents thereof, or divulge inlormalion or data relalive thereto, to any corporation, partnership, company, assoclatbn, organization, bid deposltory, or to any member or agent thereof, or ) ) ) 2. 3, 7 ilt ilt ilt ilt ilt lil ilt BF 32 of 38 'solo owner,' "Partner," ( BIDUNGFORMS to any lndMdual or group of indtvlduals; except to the Clty of Vernon, or lo any penion 0r persons who have partnenship or othu financlal interest wlth sald Conlractor ln hls/tpr business. I declare under penalty of periury under the laws of the State of California that ttp foregoirq is true and correcl. Dated thls l0thday of June 2015 . at , California State Assistant Secretarv Tille CONTRAGTOR'S SIGNATURE MUST BE NOTARIZED Monthffear BF 33 of38 CALIFORI{IA JURAT W]TH AFFIAilT STATETEI{T GOVERNMENT CODE S 8202 D See Attached Document (Notary to cross out lines 1{ below) tr See Statement Below (Lines 1{ to be completed only by document signer[s], not Notary) State of California County of Orange Subscribed and swom to (or affirmed) before me on this 10th day of June 2015- Yearby Date (1) qennis Gansen A notary public or other officer completing this certificate verffies only the identity of the individual who signed the docum6ni to which this certificate is attachid, and not the tuthfulness, accuracy, or validity of that document. (and (2) ), Name(s) of Signe(s) Signaturc of Sea/ Place Notary Seal Above OPT'ONAL Though this section is optional, completing this information can deter altention of the document or- fraudulent reattachment of this form to an unintended document. Description of Attached DocutSlyStuernon _ Stauson & Boyte - Tile or TypE of Document Contractor's Aflidavit of Noncollusion Document Date: Number of Pages: Signer(s) OtherThan Named Above: @2014 National Notary Association . www.NationalNotary.org ' 1-800-US NOTARY (1-800-876'6827) ltem #5910 proved to to be the Slgnature of Document Signer No.Srgnature of Document Signer No. 2 (f any) on the basis of satisfactory evidence who appeared before me. -1 / EIDDING FORMS THE BTDDER'S TNSURANCE COMPANY(S) 0R TNSURANCE AGENT MUST COMPLETE THIS FORII AND THE BIDDER MUST SUBMIT THIS CERTIFICATION WTH THE BlD FORMS. l, the undersigned (Please check one box) o undenuriter Yfagent, certi! that I and the Contraclor listed below have jointly reviewed $e 'lnsurance Requirements" in these Bidding Documents aM the Contrad Documenls. lf he City of Vernon ('City") awards the Contractor the Contact for tris project, I will be abl+-wihin fourteen (14) calendar days after the Contractor is notilied of the Contract's award-to fumish the City with valid insunance forms (including one or more insurance certiflcates and additional insured endorsements) that fully meet all of he lnsurance Requirements. L:L,-ru tvL;l fiu,,o,.r,tpl<l,s DateNarne of lnsurance Company /!-r,nA'^u;l 'lnsurance Agent's Name (Printed) (sisnature) .h ,# i- lnsurance Agents Nsme FA)( Number EmailAddrcss -&rv,twr,tl1/g.CS-o531 Below State the Name of lnsurcnce Company Provlding Coverage: DO NOT write "Will Provide," To Be Deterrnined," "\Nhen Required,' or similar phrases. I .Vra f4rlu, I 'Frr" fn*',,nr" ( . , Li:,.'.,N lLlnt*"( €,ne'fnJ,**, Cu, Commercial General Liability Automobile Liability L,\*1".'fo,,-nr, AnO. Wixkers' Compensatibn Uability Citv Wll Purchage Policy, if reouired Builders Risk Pollution Liability INOTE T0 CoNTMCTOR: See "lnsurance Requirements' EXHIBIT 4 of the Contract for the requirement of obtaining Pollution Liability lnsurance.l NOTE TO THE UNDERWRITER / AGENT: lf the insunance forms that the Conhachr submits to he City do not tully comply with the lnsurance Requiremenb, and/or if the Contraclor fails h submit the forms wihin the 14day tlme limit, the City may: (1) declare the Conhactor's Bid non-responsive, and (2) award he Contract to lhe next lowest responsible Bidder. BF 34 of 38 I i i I I BIDDING FORI\,{S THE BIDDER'S INSURANCE COMPANY(S} OR INSURANCE AGENT MUST COMPLETE THIS FORM AND THE BIDDER MUST SUBMIT THIS GERTIFICATION WTH THE BID FORMS. l, the undersigned (Please check one box) n undeMriter t/agent, certify that I and the Contraclor listed below have jointly reviewed the 'lnsuraoce Requkements" in these Bidding Documents and the Contract Documents. lf the City of Vernon ("City') awards the Conkactor the Conkact for this prolect, I will be able-within fourteen (14) calendar days after the Contractor is notified of the Conkacts award-to turnish the City with valid insurance forms (including one or more insurance certificates and additional insured endorsemenls) that fully meet all of the lnsurance Requirements.o/4/s____#' ' Oale Address Name of lnsuiance Company 1\<"dorc \'.1...r/c",,q<n ,5 elt's Na@!rinted) %-71q- Telephone Number . J\{.^!4O... - coh FAX Number EmailAddress Below State the Nane of lnsunnce Conpany Prcviding Covetage: DO NOT write 'Will Provide,' "To Be Determined,' "When Required,' or similar phrases. Commercial General Liabilily Automobile Liability Workers' Compensation Liability Cilv Wll Purchase Policv, if required Builders Risk INOTE TO CONTMCTOR: See "lnsurance Requirements" EXHIBIT 4 of the Contract for lhe requkement of obtaining Pollution Liability lnsurance,l NOTE TO THE UNDERWRITER / AGENT: lf the insurance forms lhat the Contractor submits to the City do not fully comply with the lnsurance Requirements, and/or if the Contractor lails to submit the forms within the 14-day time limit, the City may: ('l)declare the Contractofs Bid non-responsive, and (2) award ihe Contract to the next lowest responsible Bidder, Pollution Liability BF 34 of 38 LIVTNG WAGE COMPLIANCE CERTIFICATION This contract is subject to the City of Vernon's Living Wage Ordinance, Vetnon Munioipal Code Chapter 2, Ar1ticlexvlll ('Ordinance"). The Ordinance tequires that service contraotort providing labor ot services to the City by conttact irr excess of $25,000: r Pay no less than ten dollars and thirty cents ($10.30) pel hour with rnedical benefits, or eleven dollats and fifty-five cents ($11.55) per hout withoutmedical benefits to all employees, as defined in tho Ordinanoe who, at any.tirne, provide labor or delivety services to the City of Vernon. Additionally, on Juty I st of each year thereafter tlre Living Wage rate shall be acljusted by the change in the Federal Buteau of Labor Statistics Consumer Ptice Index, for the Los'Angeles area, for tho most recently available 12 month period. Accor:dingly, cun'ent City contractors will be required to adjust wage mtes no later than July 1st, to remain in compliance. f Notify employees who spend any of their tirne prrcviding labot or delivering sewicesto tho City otVernon who malie less than twolve dollars ($12) pet hout of their possible right to the fedlral Earned trrcome Tax Credit (EffC) under $ 32 of the Internal Revenue Code of 1954, 26 U.S.C. $ 32, and makilig available to suoh employees forms required to secute ad0ance EITC payments. t If there is a differcnce between the Vernon Living Wage rates and the California Prevailing wage rates for the same classification of labor, the Conttaotor and subcoufu'actor shall not pay less than tho highest wage rato for that classification. The selected contractor will be required to show compliance with the Living Wago Ordinance by submittingpayroll records as requested by the City. Eachrecord shall includo the full ttarne of each ernployee performing labor or providing services underthe conhact; job classificafion; mte ofpay and benofitrate. Provisions of the Living'Wage Ordinance may be waived in a bona fide collective bargaining agrrement, but only if the waivet is explicitly set forth in clear and unambiguous terms. If this provision applies, you must provide a copy of the collective bargaining agteement to the City. I do hercby certiff and de ontu'act for which this bid/proposal is made. Lywith the @ XVfff and tho rules and regulations ptomulgatedtherpunder. I understancl that failure to cornply with the provisions of the Vernon Living Wage Ordinance rnay tesult in tennination of the contract is well as other peiralties as stated in Vernon Municipal Code Chapter 2 futicle XVI[. (Siguatute) _0611.01j5_-- (Date) Please retuur thii fonn with your bid/proposal. Questious corrceruiug thc t,iving Wage Ordittance should be dilected to the Depa$urent of F'inance- Purchasiug Division 323,583.8811. BF 35 ol 38 ( CERTIFICATE OX' EQUAL OPPORTUNITY PRACTICES Purchasing & Payables Division 4305 Santa F'e AvenueVernon, CA 90058 (323) 58s-8811 n'ax (323) 826-1433 fnternet ryww.citvofventor.ors/depa rfmerts/finalse. Artlcle f. Affidavit of Equal Opportuuity Employrnent & Non-segregation (Form AA-1) Article IL Yendor List Questionnolro (Fotms AA-2 &3) In ordbr to be placed to the City's vendor list and be eligible to teceive City business, you must provide tho following infounatiorr except where indicated as "optional." By submitting this foun you are declaring under peualty of perjury under tlre laws of the State of California and the laws of the United States that the infonnation is true and conect. Furthermore, you ale certifying that your fitm will adhere to equal opportunity employment practices to assute that applicants and employees aro not disoriminated against because of their racg religion, color', national odgin, ancestry, disability, sex orage. And, yout: fum does not aud will not maintain or provido for its ernploye€s ary segegated facilities at any of its establishments, and that it does not and will not pennit its ernployees to petform theit services at any location, under its contol, where segregated facilities are maintained. Name of Company: Sully-Miller Contracting Company Business Telephone 7141578-9600 Address: 135 S. State Colleqe Blvd.. #400 Faxnumber: 7141578-9672 (optional) City Brea State__.Q\_Zip 92F21 Contact Person Dennis' Gansen E-rnail Addreis de n n is. gan sen @s u lly-m i I ler. com (optional) Tax ID Nurnber (or Social Securiry Nurnbeg 33-0787630 Remit Address (if different) Water. Sewers. Storm Drain ..,.. .. -..- The following sectiou is OPTIONAL and is for statistical reporting purposes only. Ownership (please check all that apply): Afiican-American_ Asian_ Armenian _ Flispanic_ Native American_Disabled Female BF 36 of 38 I ( ATIPTAMATIVE ACTION PLAN FOT< MTLVORITY AND WOMEN OF' SWLY-MILLER CONTRACTING COMPAI{Y E-OR TIIE PLA}i YEAR JANUARY I,2015 TIIROUGI{ DECEMBER 31,201.5 PREPARED BY: JA.}IEI,Ltr A}IDERS OI\I, I{UMA}I I{B S OUR.CE S MAI\TAGtrR. APPF(OVED BY: DAVE [rtAP"TI]{trZ, PFJ SIDEBIT TABLtr OF'CONTE}mS Iirtloduction Facility EEO-I R.epolt Affi rinative Action Policy Staternent o Dissetnination and Implem.entation of Folicy V,/orkforce Availability Alalysis F'acili'ry Goals and Tirnetables Identifrcation of Problern Aleas Affiimative Action Progtam Developrnent a.nd Exectltion Compliance with S ex Discrirnination Guidelines Compliance with P..eligion and lrTational Oligin Discdminalion Guidelines Intemal Mlonitoring and Reporting System Area and Cornmunily Action Plogra-ms Affirmative Action Efforts in Consideration of Women and Minorities Cumently in the Woikforce. INTRODUCTION This Affir-rnative Action Plal for Milrorities and Women tnay contain Confidential Tlade Secret Materials about Sully-N1illet Contuacting Cornpany' Pursuant to the Trade Secrets Act (5 U.S.C. No. 552 et sec1.), these tracle secrets artd confidential conunet'cial irfouuation are protected from disclosttr-e by the office of Federal Coniract Compliance Programs. Also, Sully-Millel Coltracting Company believes that Exernptions Numbel3 and 4 ollthe Freedorn of Infonnation Act pLotect the inforrnation in the Affirnrative Action Plan fi'our matdatory disclosule under the Freedour of inibrmatiou Act. ,AFFIRI/TATIVtr ACTION P OLICY STATEIVIE}IT In our efforts to develop oul a.ffimative action progralr, rve hereby reaffirm and forrnalize ol11' cornmitntent to the ltrinciitle oiequal enrployment opportunity- Sully-Miller Contracting Cornpany's poticy is to ensure equal employment opportunity for all lvitholt regard to race, color, r'eligioll, sex, national origin, age, disability, vetetan status, marital status or zrny other uon job-related charactetistic. While tlris docutneut camoi be cousidered an erlployrnent contract between Sully-Miller Contractilg Company arrd its employees, we view the pi-iuciple of eclual ernployrnent opporhlni'ry as a vital eleulent in the employtnent ptocess ancl as a liallmark of good management. In cleveloping our- affinnative actiot ploglarl, we cotltlit outselves to: o R.ecruiting, hiring, tiaining and pr-ornotillg persolls in all job classificatiotls .without r.egarcl to race, coloi', religio1, sex, natioual origitt, disability, veteran status, age, marital status ot any other non job-related cliaracteristic' o Ensuriug that proruotion clecisions are irr accoldance with equal emptoyment oppotunity requfuements by irnposing orily valid, job-related requir-ernents for pronotional requirements. . Bnsuring thai alL personnel actions relating to compensatiotr, benefits, tLansfers, te11ilatio1s, training and education ate administeted in anon-discriminatory lnallnet. I1 clevelopilg tliis Affirmative Action Plan, w-e have established goals aud timetables to correct any deficiencies ovet a reasouable period of time. it is our desire that the colrbination of measurable goals and ditected effort r.vil[ irake equal enrp loyment opp o r tunity a faci at this facility. To elsure that our goals for eclual employrnent opportunity may be achieved tluough our good faith efforts, we have established various levels of responsibiliiy to both ditect arrd oversee our- affirmative action effo rts. The I-Ir-rrnal Resources Manager, Janelle Andelson, has beeu designated Equal Empioytnent Opportunity Otficer of the coiupany with the tespou.sibility t'or ruonitoiilg affinlative actiott eftbrts, proviclilg equal employment opportunity tlaining ancl authority to rectify fol cleficiencies i1these effot-ts. llclividr-ral managers ancl sr-rpervisots aIe responsible t'ol cnsnritlg that t]rcir employrnent clecistous compLy rvith the.principles embodied iir Title VII, the Age Discrimination in Enrployrirent z\ct, the Rehabilitation Act of.1973, the Vietnam Era Veterans lteadjr-rsttnent z\ssistauce Aci of 1974-, arLd E>lecutive Oider- 11246 aucl Revisecl- Older No- '!-. AF FIRIVL{TIVtr ACTION F OLICY STA.TEMENT (c ontinue d) Each employee is responsible fot bLinging to the attention of the President any employnlent clecision which he ol slte feels conflicts lvith the [e"tte-r ot' silirit oithe law. I, as principal rnanagel of fiis location, have the responsibili'uy to ensure tltat ecpial employmetrt ancl affiluative action receive a sr-rff,tcierrt level of atterrtiou and lllanagernellt sttpport. I will hold each managel acconutable for the prompt executiou of uecessaty pteventative, corrective and affirmative actiou. Dave Mar-tinez, Presideut dq'-: DISSEMTI}{ATTON OF POLICY Sully-Millel Conttacting Company has established valions charurels of comntunication to eitsnte that employees and the community are aware of the Cornpany's positive posture t'egarcliug equal employment opportunity and affi rmative action. I}{TET{}I,4.L DIS SE,MTNATIORI The Affinlative Action Policy is stated as part of Sully-Milleri Conttacting Conrparty's etlployee r-..elation's policy and is covered iu our collective bargaining agreeuretlts. Forrnal presentations are urade to management, supetvisors ancl employees oir a monthly basis coucerning afl-rrmaiive action. If hiring is taking place, regular updates ar:e giveu to tlauagetlent orr pr-ogress in r-emedying under--uiilized arcas. The unious are fonnally made aware of this policy. In nalagernent and supervisory trainiug, the eutire coucept of affirmative action is coveled. Oul policy and its implementation ale revietved. I(cy management and support personnel periodically nndergo EEO ancl affinnative action training. When hiring takes place, uer,v ernployees teceive copies of the Comiratry's Equal Eurployrneut Opportunity and Affinlative Action policies. Copies of tl:.ese documents have been dis'u'ibuted to supervisory per..sonnel and ate postecl in conspicuous places at each office and job site trailei' fbr inspection by any company employee and applicants for ernployrnent. "Equal Opporlunity Ernployer" postels ai-e posted in conspicuous places at ihe Cornpany job sites and tliat pluase is used iu all advertisements for employrnent with the Company. V/herr ernployees are featured in any employee publication, minorities aud wottten ate inclttdecl. EXTERNAL DI S StrMII\ATIOIV As pait of our corulnnications policy, we noiify the state job selvice aud ailpropriate recruiting sollrces aud th,e main offices of the unions with rvhich i.ve deal of the Company's policy concerning eclual ernployruent opporhrnity aud affinlative action. When hiring occurs, \,ve reqnest referral of clualified worren and minorities for- ali posiiions. We also contact organizations ivhich can r..efer wor[er1 iir non-tr-aditional eurploymerrt roles. . _.-t:r,..,,-,i..r;,.1.,. * .- "::;.*;:.=.:-l='..j; T OuL clrstourers, contrtrctols auct vatious conrmunity .qronps have -* ..: Sully-NIiiLer. Coirtiacting Corlpauy communicates its committleut to t oppoituniiy by recuitmenl actvertising ihlough regr-rlztr'ru.eclia aucl tluougir *i,riii*- eitAr.,v-omen's - publicationq. Written notification oiEEO policy, as rvell as reqnests fol cer-tiI-rcation regarcling complialce rvith equal employmelt opporiuLritl, law-s, [s seni to suppliers ancl subcoutractors. The leqr-iiled EEO clauses are incorporaied a,s part of purchase ordets aut{ conttacts. A11 subcontfactors, vendors, labol uniom lvith which the Cornpatry has contracts and potential solrl'ces of ernirloyees, such as schools, employment ageucies; colleges, etc, are inforrned oi Sul ly-Mi I ler" s Affiunative Action corulitment. A11 "Ilelp 'Wauted" advertisements cauy the notice "llqual Ernployrnent Opp o rtLuri tylAffi r mativ e Ac tion Etnp [oyer'". R.E SP OIVSIBILITY FOR. IMPLB]IVIENTATIOI\T Dave lVlartinez, Fresiclent, has the ullimate respousibility for eusuting that equal eiuploytldut opporlunity and affinnative action receive the high level of prior-ity which is due this activiiy. Jalelle Anderson, Ifuman Resources Manager', has beeu designated Equal Employment Opportunity Officer and has the flill support'of the President in carrying out these duties. 'I'o implement this policy, the following activities are canied out by our EEO Officer: o Plovides tech,uical assistance in response to questions aud concems of employees aucl supervisors, as nccded, act as liaison with appropr-iate agencies. u Coordiuatcs investigations aud make r-econunendations conoerning any allegations of discrirnilatioir, both intemally and in connection with enfotcemerit agencies. o Conducts peliodic audits and holds discussions with supervisom and managers to erlsul'e that Cornpany policy is implemented. o Errcourages involvement with minority and women's o.rgalizations atcl comlrunity action groups. c Assisis in the identificatiou of problem areas tblough review of policies and procedures. n Pr-ovides ruanagers and supervisors with pertinent equal employrirent opporlunity information to assist them in their compliance efforts. AVATLABILITY AF{.ALYSIS As part of Sully-Ivliller''s AAP, the factols to be cotsidered in determining availability of nrinorities ancl tryotlen for-. job g:roLrps aL-e de'tailecl in'!1 CFR 60-2.11 (lr) (1) and (2). Sllly-iVlillel colsiders all of the follotving factols iu cietertnirring rvhethe-r: miuorities, rvomen aird applicable milolity subgrorrys are being ulder--utilizecl in arry job group: " Ivlinority and female population of the labor area sul1oullding ihe fhcility. Tliis is h,:lptirl inibi-matiou, bnt rve do uot te e1 it is televaui if recLLriting and hilii-rg is iaking plerc... This intbrmation is ibr the total popLrlaiiou, inchrcling those u,ho itLe lvorldflg, tlrose seeking r.vork and those lvho do not lvant to rvork or.- are r-ruable to work. o Size of the minolity and female ruremployment folce in the labor: ate sunouncling the facility. Wrile unemployment statistics are so111e iudication of the trumbel of people loolting for- work, it woulcl be r-are that our- organization would consider a person rvh.o "rval[<s i1 offthe stt:eet". The Cornpany contacts the applicable Union for operatious jobs. Clerical jobs are posted, the state job selvice is contacted and employees ale encouragecl to refer clualilled applicants. u Availability of minorities ancl wolrren having the requisite skills in the labol atea. This is the most irnportant factor to us. Many of our operations jobs lecpiir-e training and experiei4ue;in or:det to pelfomr jobs safbly. Apprentices are recluested and provided from thd State and Federally apploved Union Apptentice Progr:arns with rvhich we have agreements. Or:ganizations encou-,'aging aud providing training for ',vor1en in non-traditiona[ employrnent roles ar-e emerging and have become a source tbr employees. " Availability percentage of minorities and women liaving flre reQuisite skills in the tecruitmeut area. For some jobs (managerial, tecllrical sa1es, professional, etc., the recruitment area may be broacler than the local tlarket area. " The assistance of training institutions capable of ttaining people in the r-ecluisite skills. Wherr hiring occurs ai tliis facility, lve try to find people with some experience and training in oul type of work. o The deg;:ee of training of prospective employees vihich the contr-actor is reasonably able to undertalte. Our ernployment needs focns to a latge degree on people ah'eady trained for a job in our indusiry. We have ferv openiirgs for: begimrers. If onsite training wer:e to take place, applications ',vonld be solicited ti'om all curployees, inclucling minor-ities arcl wourer. Appreniices are reqnested and plovided by the Uuions rryiih r,'vhich rve have agreements. We have an inieurslip program ptiuralily gealecl towards office/professional posiiions slrch as: Projec'l Engineet', Accouuting, and Administuaiion. IDET.{TIFICATIO I\ OF PROELESIT .AI.Ui.A S \Iy'e hai'e exainined the courpositiou olour' \,'y'or'lcforce by organizational rurii, job gloup, ]le-rsomel zrctions ancl th,: sp.eciiic items listed iii.!1 CIrR- 60-2.23 to iclentitj,aucl dellcienc.ies. lla"-ecl Lril ouL'i-ii/ic:i=,i, or-tr [iirclings aLe liste ci: " Wortforce coinpositiou goal commitments for the coming year- aIe based on goocl- faith efforts to place c1uali{ied tuinority and fernale employees iu the worltforce. " Employurent arrd selectiou process. We reaffinn our teeds atd conlnitment to ec1-ral employment opportunity with any agency or recr-uitment service We lnay use. " Applicant florv Au analysis of the minority and fetnale applicant flow at this facility rerreals that ninorities and females were aware that the company is au eclual emlrloyrnenl opportunity ernployer'. Jobs paying $25,000 and less, for whioh we interd to recruit fi'om the outside, ai:e listed with the state job service (EDD). " Total selection process Applicant tbnns, referral efforts, job descriptions, job titles, interviews, and otlier selection procedut'es are monitored and evaluated to ensure conpliauce with our equal employment opportLrnity policy. . Transfcl and promotion ptactices We monitor oul employlrent policies andpractices to make sure the lateral ancl vertical m.overnent of minority and female ernployees does not occur at a lower rate thar-r the corresponding rates for nou-tninority or male employees. . Terminations Affiirnative action efforls are maintained to ensure that there is not a dispropor'rionate ratio in thc tcnninatious of either minorities or-. lvomell. o rU-fected class analysis A.1 affectecl class revielv is macle pursuant to CFR 60-2.1 aud the lesults reveal that neithcr ninorities nor feilales have been assigned to undesirable departments or- jobs. " lVhile there have been limiied tiaining activities at this locatior, all employees, ilcludilg milorities and wornen, are afforded equal oirl:ottr-rnities to pailicipate (clepelrling on the parlicular lraining activity, need or subject) without discriruination relativc to l'ace, color, i'eligion, national origin, age, sex, disability, veierau status or' marital status.- o Desegrcgatectfacilities All of ou1 facilities have been, aud are, lirlly non-segregated except fbr' lirovidilg separate or: sirrgle-usel toilets and chalging thcilities to assure privacy betlvt:eir the sexes. r\11 company-sponsored activities (picnics, pai-ties, golf totttuaurents, etc.) ar-e opeit to all emploYees. IDEBITIFICA.TIOI\ OF PI{OBLEM AIdEAS (continu ed) o Transportationandhousing The availabili'uy of adequate transportation has not impeded the employment of minority of fernale workers to any significant deglee. The Colrpany cloes not mailtain subsidized housing fol its employees. o Tecluical compliance We are in compliance lvith all tecllrical recluirements such as poster display, application retention antl subcontractot notification. We include the EEO clause on all pur:chase orders and subcontract agreenteuts. " Workforce attitude Managers and eurployee relations repleseutaiives ar-e available to assist in the resolution of problems. Nlauagement has been properly trained in the dynamics of Sexual Haiassment/I{ostile Environment/Bullying issues. Mauagemelt takes plompt action to prevent har-assmeirt and uraintain a positive worlc euvirontnetrt. It is against Company policy for: any person to use theil offioial auihority to malte sexual advances toward employees over whoiu the person is authorized to make or recorlmcnd personnel actiots, to grant, reconintend or refuse to take person:rel action as reprisal against any employee for rejecting or reporting sexual advances. It is also against Comparry policy for a rnauaget or- superyisor io allow any ernployee to be sexually harasse'd, eith.ei'verbally ot physiially, by a co-wolket. Followiug are examples of sexual harassrnent: " Displaying sexually suggestive pictule, objects, carloon or.. poster-s after being told they are offensive. o Verbal harassment or abuse, r-eferrilg to ol calling a persol att endear-ing, dernanding ol sexualized temr rvhen that pelson has indicated he/she does not wish to be adclressed ot refet'i'ed. to iir that ltta1r1et. " Refi,rsing to enfotce disciplinary lneasrlres agaiust a per-.sorl who has beeu sexually harassing anotlrer staff nleurbcr ot otherwise condoning such behavior'. o Touching a pelsoll on a traditionaily non-scr.ttal patt of the body, aftel that llersoll has indicatecl rro desire for.. such physical contact. o Touching any haditioually sexrni part of a co-r&-orker's body - umecessary touching, patting ol pinchirrg. " Telling sexnal j olces aud- using sexually vulgat lauguage in the plesence of a persorl ivhopr has indicated dislihe of such language or cooversatior-r. u Subtle pressul'e activities. Contiriuirig to rvlite suggestive notes/letieis afLer being infoulerl they a'r-e nnlelcorne. n Engaging in reprisal (making negative statetneuts abou[ the viciim's personzrl or' work conduct, assigning undesirable shifts, etc.) aftel att iudividual has r-efused to engage in social/sexual behavior. n Sexual harassmerrt of tueu as wcll as wolnen is prohibited' A1y enployee r,vho believes he/she has been ilr.e subject of sexnal harassment should report the allegecl "lrurg" to the Equal Ernployrnent Opportunity Officer. At this iitne, the employee rvill be ilfollecL of the ilvestigation procedure. Witliin tluee days of notification of the alleged chaL-ge, the Coppaly trEO Offi.cer rvill intervierv the complainant. r\t that time the complaiuaut will be notiliecl io suburit a rvritten conplaint. Within tluee days of receiving the writteu complaint, the EEO Officer will apprise the alleged harasset of the charges. The alleged harasser- will then have a1 opportunity to refute the allegation by submiiting a rvr:itter response. The EEO Officer w-ill notiiy the alleged harasser's snpervisot'of th.e ser-iousuess of the charge. If ther-e is evidence to pror" the ale[ation, they will discuss appropriate action up to aucl including discliarge. If the details of the case are ulclear or the evidence is insufficicnt for the Company to tlalce a determilation, the conplainant may file an appeal by contacting 1he Eclual Employment Opp orhrnity Contrnission. o Review of EEO pet'fonuance To elable Sully-Miller to meet fedelal EEO reporting requirernents and to ptovide ilformatiol to iptemal analysis, regulal analysis of EEO performance is made. AFFIRMATIVE ACTION PROGRAM DEVELOPMENT A}ID EXECUTIOB{ To facilitate achieving out aff,l'mative action goals and timetables, Sully-Miller has initiated specific procedures arrd progtams. The progr...ams enconlpass all major aspects of the employment pl'ocess aud are designedto correct eitlrer currentproceduraldeficiencies orto intensiS and acceleiatethe efficiency of present proglarDS. Recruitilg elforts to fiil open positions foctts on considelation oiniinorities and women not clrreltlylrr the wor.kforce r,vho have the r:equisite slcills and can be r-ecruited tbl'ough affir-mative action 1lleasliles. Job Posting A job-postiilg program for noi-r-executive positions is cnrr-eutty frrnctioning at this facility. This p.6gr* prorid"t tLot ail such job openings are posted oll our co1l1pany rvebsite' E ducatio nal As si stangq_Ptqgr am Our: educational assistance program is available to all ftrll tirne employees with the approval of theii'imnediate supervisor. The plan covers parlial reimbulsement of tuition anc{ books fol job lelated coul'ses. A tfi rmative Action Traiirine Managels and supervisors ar-e giveu regular; periodic equal enployment opporlunity training. This training demonstrates rvhy EEO conrplialce is irlportant and it gives par-ticipants instructioiis and- tools to help them corlply rvith EEO recluir-emeuts. The EEO Officer regLrlarly attends Superintendents meetings to discuss goals and to provide assistance in identifying qualitred rninorities aucl females to fill vacancies. COMPLXANCE WITH SEX DISCR.IMINATIOI\ GUIDI}LI}IES In onl efforts to comply with the fedelal Sex Discriruinaiion GLridelines (41 CFR PaLt 60-20), Sully-Miller Coutracting Cornpany rvill follor,v these procedures and praciices. s Candidates fi'orn both sexes will be recruited for all jobs. o Artverliseinents rvill not expi:ess a preference foi' applicants of a particular sex and ale placed in a generat "Flelp wanted" colutnn. o Written personnel policies will indicate that ther:c will be no disuimination on the basis ofaperson's sex. " Employees and applicants of botlr. sexes shall have equal opporhurities to be placed or any available job that they are qualified to pelfonu. o We rviil rnake no distitction based 01] a pei:sor1's sex in employnent opportr-urities, wages, and hours of lvork, employee berr.efits or any other condition of employment. " Ivlandatory or optional ages for retirement lvill be equal foi'both sexes. g We will pr:ovicle appropriate physical facilities for both sexes. Lack of facilities r,vill not be usedto deny applicants ofeither sex. o l]ndel the comparry's leave of absence policy, our grantiirg of pregnancy leaves of abscnce for female ernployees depeuds on the individual's physical condition. When a fenale ernployee meeis'rhe equally ap1:lied minimum length of service requirernent fol lea.ve of abseLrce time, she is graltcd a leave iir accord with the corupany's I established leave of abience policy as well as California- lalv. " Wh.ere seniority lists ol line of pr:ogression are Llsed, they r,vill not be based on an employee's sex ilor- are they usecl to discriminate. " Salaries aud rvage schedules rvill not be based on an employee's seK. . As openings occur', Sull1,-fufi11.r rvill take affirmative action ir.r iecluit and place \\,oLner] in tlr.ose jobs that tve irarre identifierl as turcler'-Lrtilized. C OMPLIAI\ CE WITI{ SEX DISCR.IIi/IINATIOI\ GUID TIT,INES (CO NtiNUEd) o W'ouren have equal opporlur-rity to paiticipate in training progralTIS spousored by the Comparry, and rve will ma[<e special efforts to include lvot]telr in any managentent training programs that we offer. " Sully-Miller: recognizes its obligation to ptovide a work atmosphere free of harassruent and intirniclation. A.ny forms o1'sexual harassment, such as unwelcorne sexual advances, recluests for sexual favors, and/or other verbal or physical conduct of a sexuai natlrre, ',vill not be tolerated. Violations if this policy will be handled appropriately as part oithe Cornpany's disciplinaty proceclures and its posted policy in suppolt of the Federal Guidelines on Sexual Harassment. C O MTPLIANCE WITI{ tTE L IGIO N ANI D NiA"l. IO}IAL O RTGIN D IS C T{IMINATIO N GUIDELIiqES Sully-Miller Contracting Company does not discriminate against employees oi'applicants because of religion ol natioual origin, arrd take attnriative actiol to ensute that people ate tr-eated rvithout regar-d to their religion or uational origin. Sully-Miltel has reviewed its personlel actions and decisions - particulatly on recruiting aud promotion and has deterrniuecl that members of various religions atd/or ethiiic gr:oups are receivin g fair considelation fol j ob opp o rtturities. We urake reasonable efforls to accomrnodate the reiigious observauces and practices of our ernployees and plospective ernployees unless that 1:erson's religious observances or practices create uldue hardship onthe conduct ofour business, resultaut financial or: persorurel issues. I}ITER.NAL MONITORIIVG AI\D R.trP OI{TING SYSTEWI As part of out affirmative action activities, to rneasure otir progtam effectiveness and the irnplementatiou of affirmativc action goals, we have developecl an iuterual systetu for.. auditing and reporling. The atfirmative action inorritoring and reportiug system consists of data from: " Applicant log (recorrls of rei'erral, a.pplications and 1:lacemerit at a1l Levels) . Nerv hire log o Promotiott, TLausfeL, Deurotion log This intbrlratiou enables us to meet tideral EEO reporting r-ecluitetnents tluough otlr- aifirinative aciion plan and p'Lovicle tire necessary intbr-rnation lbr iuternal analysis and uronitoring. These leporLs aLe revieiverl to ensure itnplemeutatiot of remeciial actioit rvheu it is r"equii'ed. I{el:oLts aLe made io inanagenent ot or.u'perllluttrLtce agir.iust golrls in ai'fitntaltve action. AR.EA At\D COMMUIqITY ACT'ION PR.OGIdAMS Sully-Miller Contracting Company engages in activities in support of equal ernployinetrt opportuniiy in educational and conununity organizatiotis and ruinoiity enteqtiises. The trluipose of supporting these causes is to irnprove long-term erlployment opporlunities for minor-ities and 'womerl. We believe equal ernployrnent opporlunity is an integlal part of our responsibility for good corp orate citizensliip. Our-. efforls include: Padicipating in job fails a.nd local colleges Lending support to minority and w-ornen orryned businesses by parlicipating in tuinority and women owned business enterprise coufetences and ar.vards ftinctions. Encouraging employees to be involved iu cormruuity otgauizaiions SUPPOTTT OF MINOITITY ENTtrRPRISE Sully-Millel Contlacting Company utilizes a nunrber of minority enterprises as subconiractor-s. It is company policy not only to give them an opportunity to compete for out bnsiness but to seek them out so tliey may bid for busiuess; and, wheu the Company lias staffto do so and the Cornpany believes ihat such subcontractors ale ciualified or capable of becoming qualified in their- parlicular type of work lvill, (a) provide assistance to suclr. a subcontractols with respect to pr..ocedur-cs to be followcd to obtain clualifications, as cotttractor-s ol snbcotitr-actors on public projects, (b) provide assistancc to such subcontractols fu estimating and inthe administration of the leceipts and disbulsement of the records. All subcontractors and subcontLacts or pur-chasc agreements in excess of $10,000 must agree as part of its contractual obligation to lra-ve au ec1ua1 employment opportLurity poiicy and affinnative actiorr plan acccptable to thc Compatry or to abide by Sully-Miller's Equal Ernployurent Oppoitunity Policy and Affirmative Aciion Plar-i. Subcontractors are notified of tire recluirernent prior to signing the subconttact ol purchase agLeement. Shoulcl any subcontr:actor be out of coml:lian ce, we rvill take appropriate steps to assrire complialce. We have been instrurlental in assisting rliuority aud rvotneu owned subcontractors to receive certification inlotrnation. We advertise iioin title to tirne iu nationally distributed niinority publications rvh.ich provide a re-source for- minority bnsiuesses. o o BID FORMS Proiect Workforce Utilization (Form,4A-2) This form is to be included in ail bid docr:ments forprojects involving labor or senrices valued at $25,000 orutore. Instructions: Please indicate the job tifleVclassi,fications to be used iu the performance of this oontraot should it be aw.arded to your firm. Please indicate the number of empioyees in eaoh job olassiioation as well as the number of new hi'es, if auy, as a result of this contract Name of Compaay; Sully-lvliller Contracting Companv Projeot Slauson & Bovle Street & Traffic lmprovements Job Titles/Classifi cation I Estimated uumber of existing staffto be employed in this classification if awarded the contact Estimatednumber of new hires to be empioyed inthis classification if awarded the contact F{entLLt l@ tuin<et//o lAlnor\/a + Clet i( a- I L 4 Are a-ny current employoes or potential new hires Yenroa residents? If so, how maaf .-o BF 37 of 38 CurrentPemauentWo OPTIONAL Nam.e of Company: Sully-Miller Contrqcting Companv 'Proje,ct Slausgn & Boyle Street & Traffic lmprovements Contract No. CS-0534 Completioo of this foau, is OPTIONAL. Any inforoation supplied'by v€ltdors is for reportiqg purposes only ad will not be fastor€d into tte award of :oy contact Instructions: Please indicate the aumber of employees ia each Job Classificdion belonging to the following groups. White (not ofHispaoic orisin) AEicao-A::rcsioso' (not ofHispanic oridn) Hispaoic Asian/Pacific 'Is1ander Native Anerican Arneniaa ldale Female CT,ASSIFICAfiON Ofrcials/ Mana-eers 10 n 1 ,|0 o 11 1 Professiouals 16 0 1n h 2 o 25 A Techaicians l 0 o 6 0 OfEce/Clerical 14 2 1a 5 o 0 12 27 Ski[ed GafrWorkers 70 1 a4 0 0 155 n Operators fse,o.i-skilled)7 0 3 o 0 n 10 n Laborers 28 ol 0 o a {o -1 Selvice W'orkers TOTAL 146 6 210 12 2 0 339 37 BID FORMS ^lF 30 of 38 ,|I 1 ':i'i: i.; l++ :,i,eiii t:i [t;i,ijr'l:,;i'':.,'+ltl'.-'illia ;!i]ra'=r . j ,i:f:!.,. ',' r.i'I-air:+'Sfar:ghitll; F.lir'ctealtieit'[' Fra tal ie U{orks Gomtraetor P,eg istratio m Sea rch arler el /east one s earch cileia io display actiw regisiered Dublic \\,otks cottrccta4s) naichittg yau se/eclioDs. Registration |{umber: . F 00003564 --__l Contractor Legal t\tanre: Licerrse llunrber: F*6D ----1 ts"*d,lfR"*t I Pulllic Works Corliractor Registraiiorr Wel) Seat'ch Resulis No Regislered Contraciors to display Copyrighi O 20 t-i Strrtc oiCrt(iforirirr PUBTIC WORKS, WATER & DEVELOPMENT SERVICES 4305 Santa Fe Avenue, Vemon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1435 June 2, 2015 NOTICE TO BIDDERS - ADDENDUM NO. T SLAUSON & BOYLE STREET & TRA}TFIC IMPROVEMENTS Via e-mail and UPS CONTRACT NO. CS-0534 IN THE CITY OF VERNON, CALIFORNIA This notice shatl be considered as Addendum No. I to the Plans and Specifications for the above-mentioned project and modifies the original Specifications and Contract Docurnents, as noted below. Portions of the Contract, not specifically mentioned in the Addendurr, remain in force. Bid Form and Project Slrecifications: In the BIDDING FORMS, page BF 22 of 38, the form titled Contractor Safety Questionnaire will be amended as follows: 1. Section No. 3 of the abovementioned questionnaire shall be omitted. If you bave any questions, please call Vince Rodrigre^z of my staffat (323) 583{81I extension 220. Samuel Kevin Wilson, P.E. Director of Community Services & Water SKWrc Enclosures c: City Clerk €49 [tuiae fy I nlustria I Friday, May 29, 20'15 The following successful Cold Central Plant Recycling projects have utilized Western Emulsions' recycling emulsion: Project : Boyle and Fruitland Rehabilitation Project Agency: City of Vernon Project Engineer: Vince Rodriguez - (323) 583-881 1 ext.220 vrodriquez@ci.vemon. ca.us Dates: August 2014 Project :201412015 Street Resurfacing CCPR Project Agency: City of Palm Desert Project Engineer: Ryan Gaylor P.E. - (760) 346-0611 rqayler@ci.palm-desert.ca.us Dates: September 2014 Proiect : Lennox Avenue et al. Agency: County of Los Angeles Project Engineer: Greg Kelley - (626) 458-4923 mailto:GKELLEY@dpw.lacountv.qov Dates: October 2014 Proiect i124th Street et al. Agency. County of Los Angeles Project Engineer: Greg Kelley - (626) 458-4923 mailto:GKELLEY@dpw.lacountv.qov Dates. July 2014 Project: Las Tunas Agency: City of San Gabriel Project Engineer: Daren Grilley - (626) 308-2806 dqrillev@sqch.orq Dates: May 2015 Sincerely, Kevin Donnelly, APM Director, Pavement Preservation Western Emulsions, lnc. 3 Monarch Plaza, Suite 210 Dana Point, CA 92629 (949) 248-8020 (office) (949) 289-3632 (rax) (805) 886-0900 (cell) kevin@westernemulsions.com tll,'l: #35ll12 r:t #672lGl .rZ #093522 - (.1' '- -.: ,f , ' ),- ,;t.'rf' ,'.','. i Ln.-.r.Ituou , 'a"t'Jril:, , :;1,,,:.,". ll." .'11;,i-'rrll l'rlllrrr t;| .)'-..41,' lJ' .-. ' :i l"! : rfliii,E:,rr Fl. : !:,: la (turolill :,... 1'1,.1.,r(ir', l,:.'- | '-. !' J:! ra,rria:il.'rj-- . tir ilr ,'' lir, - i' ! l l'r;!'(a r:lll. 'r)r, :: :' ll r'tli.,-ig!0-i :- .1..:\,' :r-'rl nd!cira(r t: RlIt U)(lTtOE: - ' r, ,,r 1, 11,. , " .',,; ",. r. , ir.- ,[.1 llurr' ' :]l'- :-ti"- ,:.:.lr il: (\. j 1 ,, '[ril I rq t1,.,1.,1r tnJ, ,t,'i,, \:.i_ln r-.r ,ill.lt,-'! li:tl -$} o"o..onr",our p,oductr 10240 SAN SEVAINE WAY, JURUPA VALLEY, CA 91752 PHONE: (951) 682.1091 . FAX: (9s1) 682.1094 The following successful Cold Central Plant Recycling projects have been completed by Pavement Recycling Systems, lnc. : Proiect : Boyle and Fruitland Rehabilitation Project Agency: City of Vernon Project Engineer: Vince Rodriguez - (323) 583-8811 ext.22O vrodriquez@ci. vernon.ca. us Dates: August 2014 Project : 201412O15 Street Resurfacing CCPR Project Agency: City of Palm Desert Project Engineer: Ryan Gaylor P. E. - (760) 346-061 1 roavler@ci. oalm-desert.ca.us Dates: September 2014 Project : Lennox Avenue et al. Agency: County of Los Angeles Project Engineer: Greg Kelley - (626) 458-4923 mai lto : G K E LLEY@dpw. laco unty. gov Dates: October 2014 Project : 1241h Street et at. Agency: County of Los Angeles Project Engineer: Greg Kelley - (626) 458-4923 mailto:GKE LLEY@dpw. lacountv. qov Dates: July 2014 Project: Las Tunas Agency: City of San Gabriel Project Engineer: Daren Grilley - (626) 308-2806 dorillev@sqch.orq Dates: May 2015 PAVEMENT RECYCLING SYSTEMS, INC. 10240 San Sevaine Way, Jurupa Valley, CA91752 (P) 951-682-10e1 (F) 951-682-1094 COLD CENTRAL PLANT EQUIPMENT & PROCESSES SAMPLD SCOPB OF WORKI CCPR Description This work shall consist of Cold Central Plant Recycling (CCPR) of Reclaimed Asphalt Pavement (RAP) milled front local streets for this project and placing the recycled asphalt back to the streets as base course ready to receive new asphalt concrete overlay. The RAP shall be clean, free of contamination of dirt, base, concrete or other deleterious materials. The stockpiled RAP shall be crushed and screened to a graded aggregab blend with 100% of the crushed RAP passing a f -inch sieve and fines (particles passing No. 200 sieve) at less than or equalto 5%. The properly graded RAP to be recycled shall then be blended wilh an ernulsified asphalt recycling agent, and other additives, as required by the CCPR Contraclor's Mix Design, to produce a recycled asphalt concrete. This material shall then be placed and compacted in accordance with the Plans and these Special Provisions and as directed by the Engineer. Construction Methods Weather Limitations - Recycling and placement operations shall not be performed during wet conditions or if rain or cold conditions (less than 50"F) are imrninent or predicted to exist at any time. "lmminent or predicted" is defined as being forecasted within a 48-hour period on the NationalWeather Service Web Site http:/iwww.wrh,!gaa.qov for the most representative and nearest location listed where recycling is to begin and end. Recycling and placement operations shall not be performed unless the ambierrt temperature is a minimum of 50'F and unless the National Weather Service Web Site forecasb that the ambient temperature will be a minimum of 60"F withln 3 hours after the start of placement operations and will remain above 60"F throughout the recycling operation until all initiat compaction and protection efforts have been completed for that day's run, Recycling mixing operations shall be ceased if actual ambient temperatures drop below 60'F anytime after the initial 3-hour window following start-up. ln the event CCPR pavement is placed and weather conditions deteriorate soon after, it is then a requirement that all traffic stay off tlre recycled mat until weather conditions improve (temperature rises and humidity drops) and the recycled section has "cured' sufficiently for secondary compaction to take place in accordarre with the Cure and Maintenance requiements of this specification. The Confactor will be responsble for maintaining and protecting the recycled surface. Any recycled asphatt surfacing damaged by inclement weather sltall be replaced by the Contractor at the Contractor's expense as directed by the Engineer. Full Depth Asphalt Removal- The existing asphaft pavement will be milled to the depths specified, loaded onto trucks, transported, and stockpiled at the site designated for recycling. Contractor shall remove entire asphalt section without disturbing or inlroducing any subgrade materials to the asphatt millings. Asphalt shall be removed separately from the removals of base or nalive materials as to not contaminate the asphalt millings. Central Plant Location - The City designates a city owned property/parcel for use to set up a central plant, The Contractor shall apply for a temporary use permit (TUP) from the City's Planning Division in order to use. The Contractor shall not have use of the area until the TUP has been issued. Fees for the TUP will be the responsibility of the Contractor. The central plant area shall be thoroughly cleaned of all excess material and left in a neat, orderly appearance upon completion of the project. Mixing and Proportioning - The recycled material shall be processed through a material sizing unit having screening and crushing capabilities to reduce the RAP to the maxinrum size of 1-inch withoui producing "fines' passing the No. 200 sieve in excess of 5% prior to mixing Wth the emulsified recycling agent. After crushing and sizing, the recycled material shall be processed in a mixing unit capable of processirrg the sized RAP, enrulsffied recycling agent, water and any additives lo a homogeneous mixture to produce recycled asphalt concrete, The mixing unit shall be equipped with a beli scale for the continuous tveighing of the RAP and a coupled/interlocked computer-confolled liquid metering device. The mixing unit shall be an on-board completely self- contained counter rotating twin shaft pug mill appropriately rated by the manufacturer for the producfon levels used by the Contractor. The liquid metering device shall be capable of automatically adjusting the flow of emulsified recycling agent to compensate for any variation in the weight of the RAP introduced into the pug mill. Emulsified recycling agent shall be metered by weight of RAP using a mass flow coriolis effect, type meter that will accurately measure the amount of emulsified recycling agent to within 0.5 percent of the amount required by the mix design or as adjusted in the field and approved by the Engineer. Other additives, including water as required, shall be controlled and metered using the weight of the RAP introduced into the pug mill. Additives may be introduced volurnetrically or by weight per the mix design. The CCPR Conhactor shall calibrate andior verify the accuracyof the recycle plant not less tlran five days before recycle operatons are to begin. Autonratic digital readings shall be displayed for both the flow rate and total amount of RAP, emulsified recycling agent, and additives in appropriate Lrnits of weight and tinte. The emulsified recycling agent, additives and water shall be incorporatsd into the graded RAP at the initial rate determined by the mix Oesign and approved by the Engineer, The total water content shall include that amount present in the stockpile and iaanionai mixing water at the pug rnill if required. Adjustments in the rate of emulsified recycling agent, additives and water shall be determined by the Qualified Technician and made as necessary based on ihe coa[ing, compaction and breaking propertes of the recycling emulsion, Sampling variations and mix design may determinL the necessity of different levels of emulsified recycling agenl and/or additives in various sections of the project. For this project, an average daily production of 1500 tons is estimated. When a paving fabric is encountered during the cold rnilling operation, the CCPR Contractor shall make the necessary cnariges in equipment or operationl so that incorporalion of the shredded fabr'rc in the recycled material does not affect t-he performance parameters of the recycled asphalt concrete, or inhibit placing or compaclion of the CCPR pavement. No fabric piece incorporated into lhe recycled section shall have any dirrrension exceeding a length of 2-inches The Contractor shall be required to remove and properly dispose of oversized pieces of paving fabric as directed by the Engineer, Similarly, loop wires, pavement markers, rubberized crack fill materials, thermoplastic marking niaterials, irilled con"rete, and other materials that may be incorporatsd into lhe RAP through the milling process strall be removed from the recycled material unless the Contractor can demonsbate that minor amounts of residual materials that remain will not compromise the integrity of the recycled asphalt. Transportation - Trucks with smooth clean beds shall be used to haul the recycled asphalt concrete mixture to the placement area. The loaded trucks shall deliver the btended malerial into the paver rr,rithin t hour of mixing or before the emulsion begins to break and set, whichever time is earlier, placement - Recycled pavement shall be spread using a self-propelled track paver having eleclronic grade and cross slope controlfor the screed. The equipment shall b: of sufficient size and power (minimum 170 hp) to spread the recycled material in one continuous pass, without segrega$on, to the lines and grades established by the Engineer and according to Plans. Heating of the paver screed is not oe..rmitted. CCpR pavement shall be placed to the finished thickness as specrfied by the Engineer. A single lift thickness shall be at a minimum compacted depth of 2-inches and not exceed a maximum compacted dePth of 4-inches. Before placing any additionat lifts, the r""yilud surface shall be allowed to cure until the moisture of the material is reduced to 2.0 peicent or less or has remained in place for a rninimum of '10 days without rainfall upon the Engineer's approval, bompaction of the first layer, and any subsequent layers to be overlaid shall be peformed and verified per the Compaction and Cure and Maintenince requirements of this specification. Prior to installing any additionallifts, contact sudaces shall be carefully swept of ali loose material to create a dry clean surface, A tack coat of SS'1h emulsion, ernulsified recycling agent oi equivalent (0.05 gallon per square yard minimum) shall be applied to all surface areas prior to placing any additional lifts. wherr a pick-up machine is used for transferring the recycled material from a windrow to the receiving hopper of the paver, the pick-up machine shall be capable Jt removlng and transferrirrg the entire windrow of recycled mix in a single pass. Flandwork of CCPR pavement shall be minimized and care shatl be taken to prevent segregation. The wings of the paver shall be emptied regularlyto prevent buildup and to minimize segregation. shall be completed using self-propelled rollers, complete with properly .['li:?.'J.']?J.?li,',i7;i.3ii'#fr T'f iJ-',ftx'l.,]ffi :Hl-ily"* Compaction operalions shall start no more than 20 ss the ambient temperature is below 60 deg F. For each 5 deg below 60 deg p before rolling begins, or at the direction of thl Qualified Techniciin andlor Engineer of rollers shall be as necessary to obtain the required compaction' At a minimum the follo At least one pneumatic roller with a r-ninimum gross openating weight of not less than 25 tons. Tires on he pneumatic rollers shall be evenly inflated and matched in size and pr rfile so as to maximize compaction effort' At least one double drunr steel vibratory roller with a gross operating weight of not less than 10 tons with a minimum drum diameter of at least 60-inches. Rolling patterns shall be established in the field by the Contractor and verified by the Engineer to achieve a maximum densrty determined by nuclear density testing. A rolling pattern for compaction shall be determined such that no increase in density is shown on successive nuclear density tests (per ASTM D 2950) for any additional passes of the compaction equipment once the maximum density pattern has been identified ("break over point"). Nuclear density testing shall be repeated throughout tlre time compaction is being completed to continuously verify the compaction is achieving maximum Censity results by establishing a rolling vs. density chart that shows the progress of densification from initial breakdovvn compaction through maximum obtainable density at the break over point. Care shall be taken not to over compact the mat. A Qualified Technician shall be on site and observing all compaction efforts, monitoring density gauge readings, and approving areas as they reach maximum density. The minimum rolllng pattern shall be as follows: Two complete coverages with the double drum sleel vibratory roller immediately after the recycled mix is placed. The first coverage shall be made without the vibratory unit turned on and the second with the vibratory unit operating. Two complete coverages wilh the pneumatic{ired roller shall be made after the initial passes of the steel roller. Final rolling, before cure, to eliminale pneumatic tire marks and to achieve maximum density shall be done by the double drum steel roller, either operating in a static or vibratory mode. The recycled mat shall be continuously observed during compaction efforts. lf moisture cracking occurs under the vibratory compaction mode, the vibrators shall be turned off and static rolling only applied. lf moisture cracking of the mat continues under ststic steel rolling, steel drum compaction shall cease, the mat shall be allowed to cure for a time in order for some moisture to escape, and pneumatic rolling commenced, followed by steel rolling to iron out irregularities from the rubber-tired rolle(s). This procedure slrall be followed until there is no longer any displacenrent of the mat observed by roller action on the recycled surface. The selected rolling pattern shall be followed unless changes h the recycled mix or placement conditions occur and a new rolling pattern is established at lhat time. Any type of rolling that causes cracking, major displacement and/or any other type of pavement distress shall be discontinued until such time as the problem can be resolved. Discontinuation and commencement of rolling operations shall be at the discretion of the Engineer. Extra care shall be taken to ensure that aggregate fiom the recycled mixture does nol stick to the drums or wheels of the rollers. Water shall be uniformly applied to the wheels and drums, along with mechanical means to keep aggregate from sticking. Sufficient water shall be applied to keep rollers and tires clean, but not so much thai water pools or ponds on the recycled surface, Rollers shall not be started or stopped on un-compacted recycled material. Rolling patterns shall be estabtished so that starting and stopping shall be on previously compacted material or the adjacent, existing surfacing. Cure and Maintenance - After the completion of compaction of the recycled material, no faffic, including that of the Contractor, shalt be permitted on the recycled material for at least two hours. This nray be reduced f sufficient care is eslablished for traffic that will not initiate raveling. A fog sealof dilute (1;1) SS-1h emulsion, emulsified recycling agent or equivalent (0,08 to 0,12 gallon per square yard) may need to be applied after initial compaction or after the secondary compaction, as oullined below, to all areas opened to significant traffic depending on curing of the CCPR pavement. lf necessary to prevent pickup of the fog seal, the recycled pavement surface shall be covered with sand atarateofl.0to2.0poundspersquareyard, Excesssandshall beremovedfromthepavementsurfacebycareful sweeping, Sand shall be free fronr clay or organic material. Fog sealing and/or sanding shatl be initiated at the Engineer's direction. After opening to traffic, the surface of the recycled pavement shall be maintained in a condition suitable for the safe nrovement of traffic. Before placing the final surfacing, the recycled surface shall remain in-place:. For a minimum of 2 days and until there is less than 2.0 percent nroisture remaining in the recycled pavement mixture; or. A minimum of 10 days without rainfall. Secondary Compaction - Two complete coverages (mininrum), after cure and before placing any AC overlay or other surface seal shall be conducted with the pneumatic and steel drum roller. A rolling pattern shall be reestablished to determine the maximunr density of final rolling. Density of the recycled pavement shall be verilied behind tlre secondary compaction by nuclear density gauge. A rolting pa[tern for the secondary compaction shall be delermined such lhat no increase in density is showrr on successive nuclear density tests (per ASTM D 2950) for any additional passes of the compaction equipment once the maximum densily pattern has been identified. Nuclear density testing shall be repeated throughoutthe time secondary compaclion is being completed to continuouslyverify that the secondary compaction is achieving maximum density results. Care shall be taken not to over compact the mat. A Qualified Technician shall be on site and observing all secondary compaction efforts, monitoring densily gauge readings, and approving areas as they reach maximum density. The Confactor shall protect and maintain the recycled surface from landscape or nuisance water, other deleterious substances, and/or any other danrage. Any damage to the completed recycled material shall be repaired by the General Contractor prior to the placement of new asphalt concrete or final surface sealing, Areas damaged shall be excavated to the depih directed by the Engineer and/or filled and compacted with new asphalt concrete. All loose particles that rnay develop on the pavement surface shall be removed prior to the final surface course. No direct payment will be made and costs shall be included elsewhere for protection and rnaintenance of the recycled asphalt concrete pavement. Prior to any overlay with asphalt concrete, the recycled pavement should be carefully swept of all loose material to create a dry clean surface. A tack coat of SS-1h emulsion, emulsified recycling agent or equivalent (0.05 gatlon per square yard minimum)shall be applied to all surface areas __/ Ecy Dortgn Features: . Slnuic Trriiii unir. High porrobitity . Fronl mountcd Pugmill. Pugmill discharges windrow 32' (9.5m1 behind milling machine cutler. . Sophisticatcd Computer control systcm with accurate scales and meters for the highest quality Cold Rccycle produclion. Alarm horn sounds if tolerance exceeded. Production log report gonerated. . Up to 600 fons per Hour production capability. , All maleriol must pocs lhrougrh scroens tolore heing mixed,100% sizing. . Full circulating emulsion system with automatie Spray/Beturn value. . Hydraulic landing legs, crusher access, Pugmil! acc€ss, axte steer and tilt. . Etoctrical switch gear with circuit breakers. overload protection, and inlerlocks. . Generator: 0ptional Voltages, lleltz, emission standards. 225KW to 320KW. 46.0 It 14 mll.5lt 3.5 m14.0lt 4.26m 28,000# r2,700 Kg 40,000# r8,t00 Kg 68,000fl 30,900 Kg Rcar Woight depcnds ot, gencratot Abova woights includo 1,5001 l3400Kg) gcrorutol #. Specif ications . [en0th: o Width. Height: Weights:. Kingpin:. Boar fandem: o Total: l "- , [l-; RETU . 30" (76mnrl wide belts return material back to screen deck, ' "i . Cleated belt for moximum production . Coverod ,or safsty and to provent roll-off. Lagged head putleys for non slip traction. Water sprays to provsnt rap dust buildup on rollers. REAR AXLES . Steerable 25 degrees left or right for tight turning radius and positioning rear of train where desired. . Tllts main franre 696 left or rlght to keep screen level on sloped roadways. . Wide spread for stability and flotation. . Raised axle center to span windrow. . 5pring btaker (Maxit) orr both axles. ,: ., ELECTRICAL .SWlTcH GEAR . Lighted and sealed Start / Stop pushbuttons, : . Master Stop Swi,t$h i :rt. I,ll motors circuit brsaker protscted a All starteis have adiustablg electronic oueifoad.protection, . . Startsrs ore interlocked'to prevent pluggirrg. 'F 'Y t'-'-*t- .t t 1 t & t, 4f,e ru ! I IJ . Pugmill is located in the front of the unit to allow the mixed RAP to be as close to the milling machine cutter as possible. Eliminates the need t0 transport 20-30 tons 0f material from the start of the cut lo ths ond. "Twirr Slraft 36" {glcmldianrorer X B'-6' l2.6ml long, 800 tons por hour ratod.. Long life paddles, extra wear plates on inlet and discharge.. Curv€d bottom for miniflal d0ad woiUht.. Extra heovy duty georDox, . Excellent mixing capability. GRUSHER ' ( ,,, . La rg e 5" ( 1 25fi m) m a in'sh'a'it aii,i Uiirri;i gt for long service life. ': : : . Massive hardened & heat-tieated,ha.Om6rs . Adlustable lrnpact plate opening tg gli.ow for hammer wgor.. lmpact plate shear bolts for tramp iron relief.. llydraulic aECB$s door tor sasy maintenancs.. 125 HP (93(W) olecrric motor drive. . Fully enclosed b6lt 0urrd, SCHEEN . 5' {1.52m} Wide X l4' 14-27 m} long double-deck lrorizontol scro6n. Fully Ad justablo: Anrpliturle (stroksl Stroke angte 130 - 60 dogreesf Froquency lvibrotiorrs per mioutof 'Hultbor springs susponsion for srnooth and quiot opErotion . 25 11P (lSltw) Elocrric motor wirh bolt tonsionor,. Allows for maximum prod[ction fvith varying types of matorial. - EMUtSI . Hydraulic varia dis placeme lovorsing c . Positivs displac 0ptional Mass flow'mstdt . Full oiroulating system to quaranlee tlow to spray bar wlren needed. . Hydraulic Spray/Return valve operation, computer controlled_ . Large 12" (30cm) X 30" l76cml suction strainer. . Positive cleanout syst€m for easy flushing. BELT SCALE ,48" l122nm wide belt. . Slow belt speed provides highest scale accuracy (t %). . Easy apply test weight for quick scale calibrations. . Belt speed pickup input to computer. . Hydraulic folding to allow easy access to Pugmill. . Lagged Head Pulloy for ilon-slip trf,ction. . Belt self.aligaing rEturil rollor..'' PUGMILL bx'{r FEATURES OF GOMPUTER GONTROL SYSTEM BELT SCALE. Cornputer connocts direetly to b€lt scalo weigh bridge load cell and belt speed piekup. This eliminates the need for a separale scole I ntegrator. r Fully automatic belt scale calibration using test weights or material. ASPHALT (AC), ADDITIVES (Water, Cement, Lime, Slurry,) o Controls Asphalt (Emulsion) plus two more Additives, (Water, Slurry,Cement...) o Desired proportions of eaclr product are entered as a Percentage of RAP (recycled asphalt product). r Computer automatically adjusts the flow rates of each product to get the desired percentage based on the belt scale rate.. Any typs of meter for additives can be used, (turbine, mass flow, magnetic, with pulse output). o Automatically opens and closes a "SprayiCirculate" valve for each product when RAP materia! starts and stops crossirrg th6 b6lt scalo. Allows products to circulata to prevent plugging. Also provides for pump or conveyor starting if needetl. r Push buttofls fOr irrstant AC percentage changes. DISTANCE METERr Display of forward speed and totalization of distance processed.. Beginrring Station can be enlered Io allow for cu116ntstation number to print on the production report.. Computer will calculate theoretical productiorr rate D6sed on speed, width, depth, and density of uncut pavement This value csn b€ used in lieu of Belt scale. AI.ARIV| SYSTEM Alarrn Horn will sound if the flow rate of any product cantrot l:e colrtrollerl to ths desired percentage, and also if product valvas do rtot mov€ to "SPRAY" frositioos when needed. RAP AC ADIV RAP.I'IME TONS '[ONS TONS TPH ADTV AC ADTV DISTANCE TPI| % % /STAI'TON REPORT FOR : OTiiOl0s STARTING AT: 06:30:00 Ft /MIN AC 'l Pfl 6:30:00 0.00 6:40:00 43.00 6:50:00 124.50 7:00:00 209.50 7:10:00 296.11 7:20:00 380.17 7:30:00 463.3, 7:40:00 550.83 7;50:00 639,6'l 8:00:00 732.33 0.00 0.00 0.65 t.08 t.87 3.1 I 3.t4 5.24 4.44 7.40 5.70 9.50 6.95 I1.58 8.26 13,77 9.68 r5.99 n-17 18.3r 0.0 0.0 2.5 143.1 2.5 4t5.0 2,5 698.3 2.s 987.2 2.5 1,267.2 2.s 1,5M.4 2.5 t,336.1 2.5 2,1t2.2 2.5 2,441.t 0.0 t4.3 2',1.2 28.1 28.9 28.0 27.'l 29.2 ?9.6 30.9 0 0.0 0.0 2s8 3.9 6.5 489 7.3 12.2 510 '1.7 12.8 520 7.8 t3,0 504 7.6 t2,6 499 7.5 t2.5 525 7.9 13.I 533 8.5 13.3 556 8.9 13.9 0.0 1.5 t.5 1.5 t.5 1.5 1.5 1.5 1.6 l-6 Production Log Report Cornpuler logs all productiorr data at desired intervals, The rlala th6n can ba downloadod for a co.llplote history report, Th€ Report includes Date, Tirne, Rap tons, Hap TPH, Asphalt tons, Asphalt TPH, Asphalt go ol Rap, Additive toos, Additive TPH, ad<litive % of BAB Oistance {or Station), and Speed. All param- otor doscriptlons and valuos can be downloaded for a backtrp ol calibration data and setup information. General. System will work in either English or Metric units,. Autonratic calibration of all prodrrct and distsncs m6ters. r.All Flow rates displayed in Tons (fulTons) per Hour.. Totalizers for all Products in Tons (MTonslt 12 or 24 Volt DC, lf 0 Volt AC power options-. Complote manual controls Ior pump flow rates and spray valves.. Auxiliary meter input with totalizer and 16t6 displays.. Dlsploy of all meter input signals for quick diagnostics of meter prob,lems.. llr{:ut and Output signals are optically isolotad for raliability. i'l 'l Tech nical specification Mobile cold recycling mixing plant KMA 220 J Technical specification Plant capacity Mixing capacity Max. particle size Transport dimensions and weights Length without cabin/with cabin width Height Total weight Proportioning of mineral aggregate Capacity of proportioning hopper Feeding width Feeding height (average) Mixer Type Operating principle Drive power Wear protection Engine Manufacturer Type Cooling Number of cylinders Rated power Engine speed Displacement Fuel consumption, full load Filling capacitaes Water tank Fuel tank Hydraulic fluid tank Electrical system Conveying capacities Feeding auger for hydraulic binding agents Addition of water Addition of bitumen emulsion Addition of hot bitumen for foamed bitumen Hot bitumen heating system Gonveying system Belt width of feeding conveyor to mixer Belt width of discharge conveyor Slewing angle of discharge conveyor (right/left) Dimensions of cabin (L x W x H) Mobile cold recycling mixing plant KMA 22O 220tlh 45 mm 13,400 mm/14,710 mm 2,500 mm 4,000 mm approx. 30,500 daN (kg) 2x6m3 3,710 mm 3,600 mm Twin-shaft compulsory mixer Continuous mixer 2 x 30,0 kW Full wear-resistant lin ing DzuE TCD2012 L06 2V Water 6 12S.4kW/174 HP/176 PS 2,100 min-l 6,060 cm3 36]/h 4,500 | 400 I 400 r 24U 13 m3lh 200 l/min 180 l/min 160 l/min 42V '1,000 mm 800 mm 20"135" 2,000 x 1,310 x 2,450 mm Dimensions in mm o C Plant in transport mode Basic design The plant is used for the production of cold mixes. lt oper- ates independently of external power sources and can sim- ply be transported to any suitable job location.The plant's components are permanently mounted on a low-bed trailer. The plant is set up within an extremely short period of time. Low-bed semi-trailer Chassis frame of high-grade sectional steel, in lightweight design with central pivots to DIN and SAE standards. Three air suspension axles with raising and lowering functions, as well as automatic, load-dependent all-wheel air brakes in accordance with the relevant EU directive. The plant is mounted by means of container corner brackets. Built-on mechanical and hydraulic telescoping supports are available to suppoft the full load of the low-bed semi-trailer. They can be operated from one side to ensure simple setup and adjustment of the mixing plant. Engine All pumps and hydraulic motors are driven by a water- cooled diesel engine. The engine complies with the stringent requirements stipulated by the US Environmental Protection Agency (EPA, Tier lll) and the EU (Stage lll a). Proportioning hopper Generously dimensioned, twin-chamber proportioning hopper with oversize separation by means of vibrating screens on both hopper feed sections. The screens can be folded up hydraulically to allow easy cleaning. A vertical partition enables two different aggre- gate fractions to be charged. i ,* \r, Technical description The aggregate ratio is controlled via mechanically adjustable gate valves at the hopper's discharge point. Lateral flaps at the hopper frame facilitate building of an approach ramp, while protecting the section of the low-bed trailer behind them against soling. Belt conveyor for feeding the compulsory mixer A generously dimensioned belt conveyor transports the different aggregate fractions from the hopper to the mixer. A conveyor cover and covered transfer point ensure low dust levels during transport. The belt is kept clean by a scraper bar at the deflection pulley on the discharge side and an internal scraper in front of the return pulley. Belt scales equipped with a maintenance-free load sensor determine the current conveying rate. The measured value is used as an input variable for controlling the addition of binding agents. Continuous mixer Twin-shaft continuous mixer with wear-resistant mixing arms and adjustable mixing blades made from special hard cast iron. Mixing trough in steel design with an interior lining of wearing plates. The easy-to-service trough cover accommodates the injection bar for foamed bitumen. The mixer's filling level is set to the optimum quantity by means of a hydraulically adjustable discharge opening onto the discharge conveyor. Belt conveyor for loading the cold mix The discharge conveyor is folded in hydraulically for transport. lt can be slewed horizontally when in operating position. Plant control and switching system Control of the plant is effected fully automatically via mrcroprocessors. The plant is operated from a clearly structured operator intedace. Control functions include: batch production, automatic plant start-up, monitoring of the individual drive systems, warning signals in case of material shoftage, monitoring of filling lev- els, temperatures and pressures, pre-selection of tonnage, automatic plant shut-down, as well as service mode. Precise adherence of the mix quality to the specified formu- la is ensured by continuously matching the target values with the actual values of the different drive systems. The plant is operated from a clearly structured main control con- sole, which permits monitoring of the entire mixing process. The individual modules are equipped with additional con- trol panels for service and maintenance. The control console can optionally be installed inside a cabin. From the cabin, the plant operator has a good view of the plant and the loading operation- CGC (Cockpit Graphic Centre) All cunent settings of the mixing plant are continuously shown on the CGC display. A printer is available as an option for documenting the relevant job data. lnstruments A multi-functional display shows the plant's operating hours, oil pressure, engine temperature, charge air temperature, hydraulic fluid temperature, engine speed, filling level of fuel tank, as well as charge control. Additional filter contamination indicator- Electrical system 24 V system with three-phase alternator and two 12 V batteries, starteri socket and horn, as well as a comprehen- sive lighting system. Hydraulic system lndependent hydraulic systems for mixeri belt conveyors and addltion of binding agents. The hydraulic pumps are driven by the diesel engine via a splitter gearbox. Water system Water is fed to the mixer via a controlled eccentric worm pump either externally from the right or left side of the plant, or from the integrated tank. The,water is injected at the mixer's intake point. A magneto-inductive flow meter ensures optimum metering of the water quantities. The tank filling level is monitored via a display at the water tank. Feeding of hydraulic binding agents Hydraulic binding agents are fed into the compulsory mixer by means of a slewing feeding auger and a weighing auger. The feeding auger can be positioned on the left or right side of the mixing plant, as required. For transporl of the mixing plant, the feeding auger is simply slewed and secured on top of the mixer frame. A load cell is used for accurate weighing and metering of the binding agents. A special transport lock ensuring that the load cell is safely secured during transport is part of the plant,s standard equipment. Bitumen emulsion system (optional) Controlled eccentric worm pump for bitumen emulsion with emulsion injection bar at the continuous mixer, flow meter and accompanying controller for precise metering. Bitumen emulsion can be drawn from either side of the plant- Foamed bitumen system (optional) System with electrically heated gear pump for hot bitumen (maximum temperature 200 "C), foamed bitumen injection bar with several expansion chambers, water injection into the expansion chambers for the production of foamed bitumen, as well as test nozzletor bitumen sampling, and bitumen filter with temperature indicator. All bitumen hoses are insulated and electrically heated. Metering of the hot bitumen quantities via flow meter, and monitoring of bitumerr and water pressure. Complete open_ loop and closed-loop controller for the foamed bitumen system. Water for the production of foamed bitumen is drawn from the water tank by means of a piston pump. Equipment Plant operation Cabin Heating system for cabin Air-conditioning system for cabin Printer for job data Processing of cold mix Metering unit for bitumen emulsion Metering unit for hydraulic binding agents Connection for supply of hydraulic binding agents via silo Hopper for manual supply of hydraulic binding agents Metering unit for water Metering unit for foamed bifumen Heated hose for hot bitumen supply Miscellaneous Special painting High-pressure water wash down Flaps for building a ramp for wheel loaders Soundproofing Workplace lighting Comprehensive tool kit CE mark Comprehensive safety package with emergency stop buttons Scraping brush at discharge conveyor Additional Xenon tighting KMA22O a a a a a o a a o a a a a o o o o o o a a O Standard O Optional t- L -l @ $wirtg"n Wirtgen GmbH Reinhard-Wirtgen-Strasse 2 . 53578 Windhagen . Germany Phone: +a9 (0) 26 45/131-O. Fax: +49 (O)26 45/191-242I lnternet: www.wirtgen.com .E-Mail: info@wirtgen.com lllustratlons are without obligadon lechnical details are subisl to chffqe wilhoui rctic€ Perlrymancc (lala depend qn operatlng mditlons - No. 217673'1 84-20 EN-01/11 @ byWiltgen GmbH 2011. Prinrsd in Gtrrury PAVEMENT RECYCLING SYSTEMS, INC. 10240 San Sevaine Way, Jurupa Valley, CA91752 (P) 951-682-1091 (F) e51-682-1094 cT 109 SPEGIFICATIONS California Test 109 srATE oF cALTFoRNTA-BUSTNESs, TRANSPoRTAT|oN aNo HoustNG AGENcy May 2004 DEPARTMENT OF TRANSPORTATION DIVISION OF ENGINEERING SERVICES Transportation Laboratory 5900 Folsom Boulevard Sacramento, California 9581 9-461 2 METHOD FOR TESTING OF MATERIAL PRODUCTION PLANTS CAUTTON:Prior to handling test materials, performing equipment setups, and/or conducting this test method, testers are required to read Section F, "SAFETY AND IIEALTII" in Parts 2, 3, 4, 5A, 5E} and Part 6 "Material Plant Safety Inspectiorr" of this test method and Part t i of California Test L25. It is the responsibility of the user of this method to consult and use departmental safety and health practices and determine the applicability of regulatory limitations before any testing is performed. A. SCOPE The procedures used lor testing and approving rnaterial production plants and the proportioning devices used in the plants are described in this method. This method is divided into the following parts: 1. General Procedure for Testing and Approving Weighing and Measuring Devices 2. Test Procedure for Hopper Scales 3. Test Procedure for Liquid Metering 4. Test Procedure for Conveyor Scales 5. Test Procedure for Volumetric Proportioning Plants 6. Material Plant Safety Inspection PART 1 - GENERAL PROCEDURE FOR TESTING AND APPROVING WEIGHING AND MEASURING DEVICES A. GENERAL The purpose of this test method is the approval by Caltrans personnel of material plants supplying construction materials to Caltrans projects. The duty of the Caltrans Weights and Measures Coordinator (WMC), within the context of this test method, is to oversee the implementation of the testing and inspection of material production plants. It is not the responsibility of the Caltrans person to direct the contractor's operation or to operate any of the controllers or proportioning devices connected with raaterial production. The inspection of the plant lor conformance with the requirements of the contract specilications may be performed concurrently with the ca.libration of installed proportioning devices and, ultimately, the approval of the material plant. This work may proceed in any order, but it is envisioned that initial plant inspection and device calibration will be conducted on tJ..e hrst plant visit and subsequent visits may be ueeded to finalize the approval of those items found delicient initially. B. PLANT INSPECTION Perform a complete inspection of theplant. All devices and procedures required by Caltrans specifications, for the production of the material in question, shall be in place and in full working condition bcfore the completion of this California Test (CT) 109. -1- Testing for CT 109 shall not be complete until all material plant equipment and devices have met the requirements of the Standard Specifltcations, Contract Special Provisions, and CT 125. Attention is also directed to Section 7- 1.06, "safety and Health Provisions" of the Standard Specifications. If the dynamic testing of the material plant is not completed on the initial plant site visit, the contractor shall notify the WMC, no less than 10 calendar days in advance of production startup, for the completion of the dynamic testing of plant facilities. If the dynamic testing has not been completed before the as-notified plant start up time, the WMC may issue a "Start-uP Approval" letter to allow the beginning of material production until such time as thc dynamic testing can be completed. The time between actual production start up and completion of dynamic plant testing shall not cxceed 14 calendar days. The WMC will extend the time for dynamic testing when the delay is due to Caltrans scheduling. The test acceptance sticker CP-CtrM-OOL7, or equivalent, shall only be issued upon the satisfactory completion of the plant dynamic testing, proportioning device lesting, and the plant inspection. A dynamic test shall be performed before acceptance of the equipment's accuracy. 1. Dynamic testing of batch type plant proportioning devices shall include the following: a. Interlocks - Review individual batch masses to a.scertain the performance of the batch controller in regards to interlock tolerances. The controller must batch within the tolerances allowed by the specihcations for zero tolerances and dralt cutoff tolerances for the product being produced. For more information on the procedure ofchecking the Galifornia Test 109 May 2004 viability of batch controller interlock functious, refer to the Weights and Measures Handbook. Material Leakage - No ingredient leakage shall occur that would alter the accuracy at the point of measurement. Material leakage is determined by visual inspection by holding a batch mass for a short time and see if the indicated mass is changing. The "weight inspect" feature of the batch controller will stop the batch process long enough to see if material is leaking from the gates. Ingredient Ratio - For asphalt concrete (AC), batch masses are to produce a mixture where the binder content is a percent of the dry aggregate not a percent of the total mix. The batch controller shall be programmed to deliver the correct binder ratio. Batch Lockout - During an extended interval, 45 min or more, observe and note the percent of batches in which one or more drafts are outside of the specified zero or cutoff tolerances. Specihcations do not allow the acceptance of any batched ingredient draflt that is out of tolerance unless corrected by removing or adding material. A wcll-adjusted batch plant should have no more than 5 %o of the drafts irr an out-of- tolerance condition. Device Functionality - During mix production, note the functionality of thermometers, silo ctrtoffs, load ticket generation, surge batchers, wasted rnix handling, moisture meters and cold feed control. b. c d e. 2 f. Delivery Tickets - Reuiew theprinting of ingredient batch masses on thc portland cement concrete (PCC) delivery ticket. The actual, as batched, PCC masses are to be printed on the delivcry ticket as required by specification. Where AC delivery tickets are generated from batch masses, refer to Section 39-8.0 1, "Measurement,' of the Standard Specifications flor a list of requirements for this type of operation. Refer to the Weights and Measures Handbook for more data on delivery tickets. 2. Dynamic testing of continuous mixing type plant proportioning devices shall include the following: a. Ingredient Ratio - While the plant is operating at the planned production rates, see that the plant controller is maintaining the correct ingredient ratios. Observe the rate and total for the aggregate being used and cornpare it with the rate and total for the binder (asphalt, lime, cement, etc), The length oftime used to check the functionality of plant controller will differ depending on the production rate of the plant in question, but a timed test of at least 10 min will be needed. A significant differeuce here would indicate a need for recalibration of individual proportioning devices or a problem with thc blending capabilities of the plant controller. Resettable totalizers for individual ingredients are required by the specifications for the material being produced. b. Specific Gravity - Where applicable, ensure that the correct specific gravity for the binder bcing uscd has been input into the plant controller. The specific gravity reported by the refinery will have to be California Test 109 May 2004 verified by the Transportation Laboratory (Transl-ab) testing. Moisture Correction - Ascertain whether the aggregate moisture system is functioning properly. Where there is a separatc indication of wet aggregate delivery, compare this to the dry aggregate delivery as displayed on the plant controller. Where there is no separate display of wet aggregate usage during an aggregate only check-run, changc the input aggregate moisture by a nominal amount(say 3 %) and note the appropriate change to the indicated aggregate delivery rate. Moisture is computed as a percent of the dry aggregate, refer to CT 226 or CT 37O, and Standard Specihcations Section 39-3.02, "Drying." Multiple Indication - Where there are multiple indicators forlike ingredients see that the multiple indications are within specifications. Refer to specifica- tions for continuous mixing materia-l production for the maximum allowable difference lor Iike indicators. Errors displayed on like indicators, multiple indication for the same material delivery, is an indication of mismanagement of the proportioning process. Material leakage - No ingredient leakage shall occur after the point of measurement. Material leakage is determined by visual inspection. Material leakage and, conversely, material storage after the point of measurement are detrimental to continuous proportioning accuracy. Device Functionality - During mix production note the functionality of all required devices and procedures. These d. e. i. aJ items include, but are not limited to, the following: thermometers, silo cutoffs, load ticket generation, surge batchers, wasted mix handling, low-flow and no-flow interlocks, material mixing, mix handling, moisture control and cold feed control. 3. Dynamic Testing of Volumetric Proportioning Systems a. Observe the production process while using the as calibrated ingredient delivery rates. b. Thc required follow-up and spot testing is adequate for the dynamic testing of the rapid strength concrete. (See Part 5A, Section C2 of this test method.) 4. Review all items used for material production, as identihed in the specifications that may affect mix quality. This will include a-11 areas rvhere Caltrans specifications require a device or procedure. Areas of the plant site where Caltrans personnel frequent shall be inspected for adherence to CAL- OSHA requirements. Use a plant checklist for the specific plant type in question. Check with the WMC at the Caltrans Headquarter Division of Construction (HQ Construction) for checklist availability. PROPORTIONING SYSTEMS CALIBRA. TION AND APPROVAL Perform a pre-test inspection of thc weighing and measuring system and controls. 1. Identification: Note and record manufacturer's name, model number and serial number. 2. Approval: Determine whether the device, system or control has been either type-approved [or commercial use in thc State of California in Galifornia Test 109 May 2004 accordance with the requirements of the California Department of Agriculture, Division of Measure- ment Standards (DMS), or has been tested and approved previously by Caltrans HQ Construction. An approved tist of weighing and measuring devices, system and controls, including AC continuous midng plants, will be maintained by HQ Construction. If the device, system or control is not included in the current list, CT 109 should not be performed. The manufacturer of the device must request cither type-approval by the DMS if a commercial use is intended, or set a date for a Caltrans inspection for approval through HQ Construction if the device, system, or control is to be used non-commercially. NOTE 1: Refer to the Weights and Measures Handbook for a discussion of commercial/non- commercial devices and the role of the DMS. Ascertain whether the indicating and recording elements are compatible with l-heir intended use and are located properly. Make a visual inspection of the device's details; i.e., levers horizontal and free from binds, linkages and connectors hanging plumb, counter-masses free from other moving parts and secured from random movement, knife edges and pivot points clean and free from binds, badly worn or otherwise defective parts. Any faulty condition affecting the plant functionality that can be detected visually shall be corrected before continuing with cT ro9. DEVICE TESTING A test shall be performed upon each newly installed, repaired or relocated 3. 4. c. D. weighing or measuring device, or when any elements of the device have been adjusted. All weighing, measuring and plant-control systems uscd on batch t5rpc plants must be tested tbr accuracy at least once a year or upon each repair or moving of the plant to a new location. Continuous mixing plants, including AC, liquid antistrip and lime treatment, must be tested for accuracy at least once every six months or upon each repair or moving of the plant to a newlocation. Volumetric proportioning plants shall be tested at an interval as required by the appropriate project special provision. In any case, any device shall be tested as often as deemed necessary by the Engineer. The test is completed by checking otherhxed points, such as intermediate points during a build-up test or corner loading on a batch weigh hopper. At the option of the Engineer, certain of the above steps may be eliminated. The total test load shall be at least equal to the intended operating capacity. If an automatic batching system with remote indicators is used, these remotcindicators become the primary indicators. Cornmercial class test masses shall be compared to California State Standardsand certified by an authorized representative of the DMS. These standards shall conform to the specifications and tolerances for commercial standards as established by National Institute of Standards and Technolory (NIST). The frequency of comparison shall conform to the current DMS field reference rnanual. The contractor shall be responsible for providing access, all modihcations, special equipment and labor necessary to perform the inspection and testing. The contractor shall notiff the Engineer at least 24 hrs in advance of testing the device, system or controls. The Engineeror WMC will witness the testing, including rvitness scale error testing, California Test 109 May 20O4 and record the necessary information on Irorm CEM-OO14, or equivalent. A copy of the CEM-0O14, or equivalent, isto be sent to HQ Constmction immediately. Another copy is to befurnished to the contractor and Resident Engineer. The Engineer willaffix a CEM-0017, or equivalent, (departmental sticker) on each proportioning device found to be accurate by the testing and aftcr successfully completing the dynamic testing and plant inspections. The CEM-00 14, or equivalent, record sheet should contain the time required to perform the testing. The Engineer will seal all adjusting elements that change the measuring device's accuracy upon witnessing acceptable accuracy of the device. Any time these seals are broken, without the Engineer's witnessing that there has been no change in the adjusting elements, the measuring device shall be retested for accuracy and resealedafter being found accurate. Referto Staldard Speci[ications Section 9-1.01, paragraph 4, ''Meastrrement of Quantities.'' The owner of the device is responsible for providing the means to seal the device. All interlock settings shall be tested for accuracy. Refer to the Weights and Measures Handbook for more information on the testing of interlock tolerances. There shall be a manufacturer's rnanual of operating instructions available at the control panel of each automatic batching or continuous midng control system. This rnanual shall contain the procedure for checking interlock-tolerance settingsand means of determining span- adjustment settings for computerized controls. Where automatic controllers are used, the manual shall contain a detailed procedure of how to set controller parameters that meet Caltrans specifications. A detailed listing of iterns to be included in the manufacturer's operating manual is in the Weights and Measures Handbook. -5- A build-up test may be used in conjunction with test masses to check a weigh batcher or vehicle scale's high range. When a buildup test is requiredto complete the check, the contractor shall noti$r the Engineer sufhcienfly in advance to obtain approval of the build- up method intended to be used. NOTE 2: See Build-up Test, part 3. All attachments to the scale that are necessary for material production shallbe attached during the test ot the weighing system's accuracy. PART 2 . TEST PROCEDURE FOR HOPPER SCALES A. GENERAL Scale mounted tanks used to weighliquid products shall be tested and calibrated as required for scale mounted hoppers in this CT lO9. B. INSPECTION 1. Inspect the scale in accordance with the requirements of Part 1. Beam scales shall not be used for batch operations. 2. Inspect the load cells installcd in the weigh system. In multiple load cell applications, the load cells shall beof the same value on the same device. Load cell values shall be of appropriate value for the intended use, C. TESTING EQUIPMENT AND PROVISIONS 1. Test masses, certified as per this CT 109, in an amount needed to satisfy the scalc capacity shall be available. 2. An electronic .toad cell simulator, where automatic batch controllers are in use, shall be supplied by the contractor. This device facilitates the rapid inspection and tcsting of the zero and cutolf tolerances required o[ these controllers. The load cell California Test 109 May 2004 sirnulator shall have the range and sensitivity to suit the parameters of the device being tested. DEVICE TESTING AND CALIBRATION 1. Check oscillations of indicator (where applicable). Oscillations in the indication shall not exceed two scale graduations. 2. Set the zero-load balance after all equipment needed for the scale testing has been installed on the scale. 3. At dial type mechanical indicators: a. Lock the dial. Release locking mechanism; indicator should return to zero. Repeat procedure several times. b. Lock the dial and shal<e the hopper or tank. c. Release locking mechanism; indicator should return to the starting point. 4. Corner and section test. Inspect the scale system, including levers, load cells, bearing points and hoppers, Correct any ad.verse condition that could affect the device's accuracy (such as damaged or altered parts or altercd factory adjusted settings). Where the hopper or tank can be loaded off center a corner and section test shall be made. To accomplish a corner or section test, a test load equal to 25 %o ol tlrescale's capacity shall be concentrated at each of the main bearing points and S0 % of the scale's capacity on a main section. 5. Apply test loads at 25 %o, SO o/o, 75 o/o and full capacity. a. Record the mass indicated at each loading and note the amount of error in mass and D. graduations. The maximum allowable error shall be two scale graduations. b. When applicable, lock the dial and release locking mechanism. The scale shall repeat indicated mass within one minimrrm graduation. c. Remove load and indicator should return to zero, If the scale does not return to zeroIook to problems such as sluggish bearing points, dead loadcells, or leaking material gates. In dealing with the errorin returning to zeto, keep in mind the maximum allowable error in this scale test is two graduations. NOTE 3: The Engineer may require other intcrmediate loads. NOTE 4: The Build-Up Test - When there are not suflicient known masses available to test the weighing system to full capacity or means to hang all such rnasses, the Contractor must provide an acceptable means of building up or substituting other mass in place of the known masses. The build-up method is as stated below. The build-up method for hopper scales is to replace a portion of the known mass with material (aggregate or other prod.uct used during production). 'l'his is done by first hanging available known masses (test rnasses) to at least 1/4 of scale's capacity and calibrate the scale system to this known mass. Remove the known mass and replace it by placing an equal mass of material in the hopper (equal to but not in excess of test load of known mass applied above), then add the known mass aqain to the built-up mass. This procedure is rcpcated as necessary to attain capacity, but the total build-up mass may not exceed three times the known mass. California Test 109 May 2004 An example of an acceptable build-up test follows: Condition: 10,000 kg aggregate weigh hopper - scale agency has only 2500 kg of certihed test masses. All recording isto be done on Form CEM-0014, or equivalent. 1. Apply the 2500 kg of certihed test masses. Record indicated mass. Record plus or minus error (indicated mass relative to known mass applied, 2490 kg indicated : - 10 kg error; 2510 kg indicated = + t0 kB error); and rernove known masses. 2. Place 2500 kg of substituted mass (aggregate) into the weigh hopper being careful that it is applied evenly to all corners of scale. Do not exceed the mass indicated in step 1. Record the true mass. Indicated mass minus error recorded in step 1- (A minus error in step 1 is added to indicated mass for true built-up mass and a plus error in step I is subtracted from indicated mass for true built-up mass.) In other words, 2a9O kg indicated is equal to 2500 t(g actual mass in the first instance and 2510 kg indicated is equal to 2500 kg actual mass in the second instance. 3. Reapply the 2500 kg of test masses to the partially loaded hopper. Record applied known mass equal to 2500 kg plus recorded true built-up mass of 250O kg : 5000 kg. Record mass indicated and plus or minus error, as in step t, and remove test rrlAsSCS. 4. Add more material in weigh hopper equal to the test masses removed. Do not exceed previous indicated mass. Record the tnre built-up mass using same procedure as given in step 2. 5, Reapply the 2500 kg of test masses and add the true built-up mass from 7 E. step 4; record the newly applied test load, 7500 kg. Record the indicated mass and the algebraic difference from the applied test loads, as in step 1, and remove the known tcst masses. 6. Add more material in weigh hopper equal to the test masses removed.Do not exceed the previously indicated mass in step 5. Record the true built-up mass using the same procedure given in step 2. 7. Reapply the 2500 kg of certified test masses and add the trre built-up mass from step 6; record the newly applied test load, 10,000 kg. This completes the application of test load to full capacity of scale. Recordthe mass indicated and the algcbraic difference on Form CEM- 0O14, or equivalent. Any procedurcof building-up mass that doesn't follow the aforementioned methods is not acceptable. REPORT AND SECURITY SEAL At the conclusion of a successful test of proportioning devices, record the span- adjustment settings and. make them available to the plant inspector. Where the device does not produce a record of adjustment, span number or other indication of adjustment, the device shall be left in a secure condition by the placing of a physical security seal. Referto Section 9- 1.O 1, paragraph 4, "Measurernent of Quantities," of the current Standard Specifications. (See Note lO.) SAFETY Test masses are heavy and unforgiving. Do not place yourself in danger by being too close to the activities during the act of lifting and lowering of test masses. Lifting chains and come-alongs can anddo break under the load of the test masses. California Test 109 May 2004 PART 3 . TEST PROCEDURE FOR LIQUID METERING A. GENERAL When the liquid meter system includes a separate stand-alone controller, this independent controller shalt be the only controller used tbr the testing and calibration of the liquid meter. The calibration procedure shall be separate from and not used with the main plant controller. After the successful testing ofthe separate, stand-alone device, the main plant controller shall be adjustedto track the calibrated proportioning device, exactly. NOTE 5: An example of this would be the Micro Motion mass-flow meter. Themeter is supplied with its own transmitter. This separate, stand-alone metering device is calibrated and thenthe controller that handles the cornbined plant function is adjusted to track the meter transmitter. The same could be true of a Ramsey weighbelt controller. Where the meter is not supplied with the means of self-calibration, the main plant controller will have to be used for the liquid mcter testing and calibration. The meter manufacturer,s name and model number shall be identified on thedevice identification plates. This identihcation shall be ou the meter proper and the meter transmitter on multiple part meters. A copy of the DMSapproved type-approval shall be supplied with the meter. The liquid meter shall meet the requirements of Part 1 of this CT lO9. Meter by Mass - The device that allows the measurement of the flow of liquids by mass (weight) is called a mass-flowor coriolis effect meter. This device records and indicates the measured amount of liquid passing through it in mass units ruithout the need for input of temperature or specific gravity of the F. B measured product. Refer to the Weightsand Measures Handbook for more information on mass flow meters. Meter bg Volume - This typc of dcvicc measures the liquid product volumetri- cally. The device records and indicates the measured amount of liquid passing through it in volume (gallons or liters). In some applications this measurcment will have to be manually converted to mass and may require the input of temperature and unit mass (spccific gravity) of the liquid. Volumetric meters installed at continuous mixing AC plants are required to have automatic temperature compensation (ATC). INSPECTION 1. All meter installations shall be inspected visually for proper connections and conditions before tests for accuracy are performed. The meter installation shall be in accordance with the meter manufacturer's instructions, a copy of which shall be furnished to the Engineer. AII meters shall have been type-approved by the DMS prior to use. Inspect for leakage. 2- Indicators for all proportioning devices shall be in the plant control room. Indications shall be clear, definite, accurate and legible under normal conditions of operation of the system. Where there is no control room associated with the material plant, the proportioning dcvice displays shall be grouped to facilitate their reading from onelocation. Deliveries shall be indicated and recorded in kilograms, tonnes, pounds, tons, liters, ga-llons and decimal subdivisions thereof. The indication shall display a rate meter and a resettable totalizer. The indication for the mass-flow meter shall be in rnass, volume shall not be acceptable as measurement. California Test 109 May 2004 3. Mass-flow type meters are required by Caltrans specifi.cations for the measurement of lime slurry and rubber-modified asphalt binder and are acceptable for all other liquid measurements. TESTING EQUIPMENT AND PROVISTONS 1. The liquid meter shall be tested in the operating location in which it isto be used with all operating conditions prevailing. The meter system shall be tested under normally expected environmental conditions. The testing shall berescheduled when weather conditions are strch that the witness scale indicator fluctuates by more than two graduations. The metering at AC plants system shall be operated in the circulate mode for at least 15 min just prior to testing to heat and thoroughly fillthe system before the start of caiibration. 2. Test drafts shall be weighed on a platform scale locatcd at the proportioning plant. The under support for the platform scale used for the test standard shall contbrm to the requirements of the Standard Specifications, Section 9-1.01, "Measurement and Payment." Witness scales shall have been type approved by the DMS prior to use for device calibration. The platform scale shall be error tested within 8 hrs of the calibration. Er-ror testing shall be performed with test masses conforming to this CT 109 and shall produce a witness scale that is within two graduations of the test mass load. Refer to the Weightsand Measures Handbook for a description of platform scale error testing. 3. The contractor shall provide a suitable container capable of receiving the full flow of material being delivered from the meter for c B. a unit of I the calibration procedure. The meter installation shall be plumbed to facilitate the diversion of the test draft to a container suitable for the size of the required test draft. All parts of the meter system shall be free of leaks of calibration liquid or air. Leaking or loss of testing material during the calibration run at any place between the liquid storage and test mass determination on the witness scale shall cancel the testing until the malfunction can be corrected. Any physical change of the meter system shall require a restart of the calibration procedurcs. 4. Product flow rates used during device testing shall be commensurate with anticipated production flow rates. Requirements for minimum test draft size, witness scale capacity and witness scale graduations shall comply with Table A, "Meter Testing Extremes." (Table A attached.) (See Note 6.) Device plumbing shall be such that the Engineer can clearly ascertain that none of the liquid passing through the meter during calibration is being diverted before entering the test dralt container. Tank Scales - Some plant configura- tions may include a scale-mounted tank for calibration use. This tank may be used as the witness scalc provided it meets the requirements of Table A, "Meter Testing Extremes," and all other requirements for witness scales and calibration containers in this CT 1 09. Provers - A prover is a calibrated vessel with a capacity suitable to the test draft as per Table A. a. A prover may be used to calibrate water meters provided the calibration draft sizc adheres to the requirements of Table A, "Meter Testing Extrernes." California Test 109 May 2004 b. Provers shall meet the require- ments of the DMS. c. The prover shall be maintained in a level position throughout the test run. 8. A standardized thermometer must be available to check the temperature of the liquid at the time of testing where volumetric metering is being utilized without automatic temperature compensation. A stopwatch will also bc needed. DEVICE TESTING AND CALIBRATION 1. Where the test draft used for calibration is 1l5O litcrs or less, the testing parameters sha-ll conform the requirements of Table A, nMeter Testing Extremes," for limitations to test drafts and witness scales. Large Draft Option - At the option of the contractor, a large-draft calibration test may be used. When the Contractor chooses to use a test draft that does not comply with Table A, "Meter Testing Extremes," the minimum test draft shall be 4 tonnes. This large draft option shall require a vehicle scale, located at the proportioning plant, as the calibration witness scale, Error-test the required vehicle scale with test loads of known mass. Error testing must be completed no more than 8 hrs prior to testing thc accuracy of the proportioning devices. A build- up method may be used to error-test that portion of the scale capacity in excess of 25 % of its operational limit. The minimum graduation of the vehicle scale's indicator shall not be greater than 0.O1 tonne. Error testing shall produce a witness scale that is accurate to within trvo graduations of the test mass load. When the newly error-tested witness scale is isolated from uses outside of the device calibration, it will not have to be retested for a period of 7 days provided it remains D. 5. 6. 7. -10- undisturbed and free of errors. Referto the Weights and. Measure s Hanctbook for ctetails on error testing scales. 2. Immediately before starting the series of test runs for the meter calibration, it will be necessary to send calibration liquid through the system to "dirty the system," or bring the calibration path to an as- used condition, being carelul to leave the system at the same degree of "empty' for all test runs. This exercise is to have the meter system in thc samc condition for all of the test runs, including the first one of the series. Always reset the totalizer to zero and re-tare the calibration container before starting the calibration procedure before each test run. When weighing the test draft on the witness scale, be aware that hoses, ropes and other paraphernalia hanging from or on the calibration container may have an effect on the accurate weighing of the test draft. Iffill hoses are left attached to the calibration container during the weighing process, the witness scale may have to be error tested again after the hoses have been softened by the hot asphalt. 3. Record the position of the meter's span number (calibration constant) for each test in the series. Each series of tests shall consist of at least three runs of a minimum quantiLy, as required by Table A, "Meter Testing Extremes" or the Large Draft Option, each at rates of flow commensurate with rates of flow anticipated during production. NOTE 6: Commensurate Rate Example - Where ihe liquid is to be used in a asphalt concrete mixture, apply the bitumen ratio lrom the proposed job-mix formula to the aggregates flow ratc to determine 6. asphalt binder flow rate, or in the California Test 109 May 2004 case of lime slurry treatment of AC aggregates, the ratio of lime slurryto aggregate. Thc three calibration rates should be at 100 o/o, 65 Yo and 30 Yo of the maximum flow anticipated during production. The meter totalizer must be read with the indicator at rest. Totalizer readings shall not be made on the fly. The meter totalizer indicator shall start from, or return to, zero and shall not advance its indications belore delivery of material. No zero creep shall be allowed. At the end of the individual test run, log the amount measured by the liquid meter, the value from themeter totalizer, or the mass delivered as indicated by the process controller. The meter indication forthe measured liquid for any individual test run shall be compared with the mass determined by weighing the measured Iiquid on the previously error tested witness sca-le. AII determinations of accuracy shall be made by comparing metered rcsults with actual results from the witness scale. Error calculation is E = A - M, where D is error for the run, A is the actual mass of the liquid as determined on the witness scale, and M is the mass of the liquid as determined by the proportioning device, the meter. Percent error calculation is: yo9 = (E/A)x100. Average error for the device is the combined percent error for runs a, b and c divided by 3. Ifthe metering device is adjusted before completion of the three calibration runs, the test is aborted and a new series must be initiated. Error limits shall be as per the requirements of Table A, "Meter Testing Extremes." Always check the rate indicator against the totalizer's indicator lor 4. 5. -11 - 7. at least a l-min interval. Time the interval with a stopwatch. The indicated rate shor.rld track the rate determined from the totalizer. A rate meter is a digital disPlaY of the speed of the operation - tonnes Per hour, liters per minute, etc. A totalizer is a digital display of the mass delivered in tonnes, liters, etc. Volumetric Conversions - Where the meter is of the volumetric tYPe, a conversion for temperature and/or unit mass may have to be made. a. Unit Mass - The initial sPeciltc gravity for product to be metered must be obtained from the material source (the refinery in the case of asphalts) and verihed. The specific gravitY shall be determined for the specific lot of asphalt to be used in the calibration process. If at the initial determination of specific gravity there is some doubt as to the specific gravitY value, the contractor will have to decide whether to use the available number or wait until a value can be produced by the TransLab before calibrating the device. lf the contractor chooses to wait, the sampled product will have to be kept in storage until the catibration is comPleted. At the time of testing the meter, take a sample of the asPhalt and immediately send it to the Translab for determination of its actual specif,tc gravity. Request results for specilic gravity onlY with an e-mailed answer. NOTE 7: If the confirmed specific gravity is such that the previously tested meter's accuracy is within O.5 o/o, the meter may be adjusted without running subsequent accuracy tests. If the adjtlstment requires more than aO.5o/o change, a new series of tests of the asphalt meter shall be nrn. California Test 109 May 2004 b. Temperature Correction - Hot ingredients must be reduced to a baseline temperature of 1SoC (6O'F) for the purpose of convcrting to mass. The conversion lactors for asPhalts can be found in Section 93, "Liquid Asphalts" of the Standard Specifications' The temperature of the liquid shall be constant during individual test runs in order to Permitconverting the base line temperature. When a mass-flow coriolis effect meter is used, no specihc gravity will be needed as no conversion will have to be done. Method used to calculate thc percent of error for the test run where no automatic temPerature compensation is Present: a. Reduce the metered hot volume to baseline (15"C or 6O"F) metered volume by multiPlYing the indicated volume from the meter totalizer by the multiPlier shown in Conversion Table 1 of Section 93 of the Standard Specifications. b- Convert the baseline temperature metered volume to metered mass by ustrg the specific gravity of the calibration liquid. c. The differential between the metered mass and the actual mass equals the test run error. NOTE 8: When meter indication has been compensatcd for thermal change by an automatic tempera- ture compensator (to 15"C or 6O"!- baseline) or when a mass-flow meter is used, it is not necessary to make a hot-liters calculation. cl. Determine the perccnt of meter error thus: The test run error divided by the actual mass B. -12- E. equals the test run percent error times 10O. [100 times (calculated metered mass minus actual mass) divided by the actual mass.l EXAMPLE: 2L76.6 L of asphalt metered at 135"C weighs 2O4L kg. The specific gravity of the asphalt at l5"C is 1.02O. Determine the percent of meter error using the mass of asphalt as the measuring standard. Step a. 2176.6 x O.9266 = 20L6.84 Step b. 1.00 x l.O2O: 1.020 kg per L @ 15'C x2Or6.84 = 2057.17 Step c. 2057.17 - 2041 = L6.LT Step d. L6.17 I 2O4L = 0.8 o/o NOTE 9: The specific gravity at varying temperatures may have to be furnished by the manufacturer of the product in conjunction with Translab. REPORT AND SECURITY SEAL At the conclusion of a successful test of proportioning devices, record the span- adjustment settings and make them available to the plant inspector. Whcre the device does not produce a record of adjustment, span number or other indication of adjustment, the device shall be left in a secure condition by the placing of a physical security seal. Referto Section 9-1.01, paragraph 4, "Measurement of Quantities," of the current Standard Specifications. NOTE 10: When testing continuous mixing AC plants with computer control systems, the rneans of observing the input settings for span adjustment will bc a digital display. The manufacturer shall supply the instructions indicating the procedure for displaying, setting and securing device adjustments and security seals. The HQ Construction will be responsible for reviewing all new proportioning systems for acceptability and supplying the instructions for inspection of each system accepted for use in producing material for Caltrans projects. California Test 109 May 2004 F. SAFETY 1. The test draft container shall be sized to absolutelv prevent overflow during testing. 2. Extreme attention must be directed to the high temperature licluids thatmay be used during these calibration attempts. These liquids may be at temperatures in excess of 220C. 3. Do not loiter in the area of the meter and its plumbing while the test is being ran. The inspection ofthis area should be completed before the start of calibration or between test n:ns for subsequent inspections. The liquid being usedfor testing of the proportioning devices is often at high temperature and/or high pressure. 4. Be alert to the moverrent of vehicles during the testing opcration. Numerous tests may berunning sirnultaneously with multiple vehicles moving about. PART 4 . TEST PROCEDURE FOR CONVEYOR SCALES A. GENERAL Part 4 applies to all conveyor scale applications. The continuous conveyor scale (weighbelt) shall meet the rcquirements of Part I and Part 5 of this CT 109. B. INSPEGTION 1. The manufacturer's nalne and model number shall be identified on the model idenlification plate. 2. The scale and the conveyor at the scale shall be protected from the wind and weather. 3. The installation shall be in accordance with the scale manufac- turer's instructions and a copv of -13- c. the instructions shall be furnished to the Engineer. 4. The incline of conveyor must be positioned such that there is no slippage of material along the conveyor. 5. Pootings for wcighbelt must be PCC and shall conform to the requirements of Section 9-1.01, "Measurement of Quantities," of the Standard Specifications. 6. Indicators lor all proportioning devices shall be in the plant control room. Indications shall be clear, definite, accurate and legible under normal conditions of operation of the system. Where there is no control room associated with the material plant, the propoltioning device displays shall be grouped to facilitate their reading from one Iocation. Deliveries shall be indicated and recorded in kilograms, tonnes, pounds, tons, liters, gallons and decima,l subdivisions. TEST EQUIPMENT AND PROVISIONS 1. The weighbelt shall be tested in its operating location with all operating conditions prevailing. The sca-le shall be tested after it is installed on the conveyor with which it is to be used. The conveyor shall be tested under normally expected environ- mental conditions. The testing shall be rescheduled when weather conditions are such that the witness scale indicator fluctuates by more than three graduations. 2. Any physical change of the belt scale shall require a restart of the calibration procedures. Changes that rnay trigger retesting the device include, but are not limited to: a component of the conveyor or belt scale is changed, adjusted, or altered; the conveyor incline angle is changed; the physical location of the belt scale is changed. If the conveyor Callfornla Test 109 May 2004 has bccn idle for a period of 2 hrs or more, the empty conveyor shall be r-un for not less than 25 rnin before the start of the testing. 3. The contractor shall provide a suitable container capable of receiving the full flow of material being delivered. from the weighbelt for the calibration proced.ure. 'l'his calibration container shall be readily portable. 4. Leaking or loss of testing material during the calibration rLln at any place between the weighbridge and determining the test mass on the witness scale shall cancel the testing until the malfunction can be corrected. The testing procedure shall not lose excess product into the atmosphere. 5. The contractor shall designate the maximum production speed for the device being tested. The successfully tested calibration speeds become the production speed limits. Intermediate testing ranges shall be as required in Table B, "Conveyor Scale Testing Extrernes" as applied to the maximum production speed. (Table B attached.) DEVICE TESTING AND CALIBRAT]ON l. The calibration procedure may be by pre-weighing or post-weighing the testing material on the witness scale. When a preweighed test load is passed over the weighbelt, the conveyor-loading hopper must be examined before and aflter the test to assure that all the material used for the calibration check actually passed over the weighbelt. In either type of operation, it may be necessary to run calibration material through the system to "dirty the system," or bring the calibration path to an as-uscd condition, being careful to run the system to the same degree of "empty" for each test r-un. D. -14- 2. Before the start of the calibration procedure, a zero-load test shall be conclucted and the device shall becalibrated to manufacturer's recommendations. Set the zero-load condition with the conveyor in motion and with alL necessary attachments for normal operation in place. If zero creep is present, it must be self-compensating positive readings compensating for negative readings. 3. The calibration medium shall be the same type of material that will bc used in production. 4. Witness Scale - The witness scale shall meet the requirements in TableB, "Conveyor Scale Testing Extremes." Error-test the required scale to be used as the test standardwith test loads of known mass. (Refer to Part 1, Section D.) This must be done within 8 hrs prior tothe beginning of testing the accuracy of tJle proportioning devices. A build-up method may be used to check that portion of the scale capacity in excess of.25o/o of.its operational limit. Error testing shall produce a witness scale that is accurate to within two grad.uati.ons of its calibration test mass (known test mass and build-up mass if used). When the newly error-tested witness scale is isolated from uses outside of the device calibration, it will not have to be retested. for a period of 7 days provided it remains undisturbed and free oferrors. Referto the Weights and Measures Handbook for details on error testing of witness scales. NOTE 1 1: When testing production plants with computer-control systems,thc means of observing the input settings for the numerical security seal (span number) is normally a digital display. The manufacturer must supplythe instructions on how the span nurnbers for the adjrrsting elentents are displayed and calibrated. The HQ Construction will be responsible for California Test 109 May 2004 rcviewing all new proportioning systemsfor acceptability and supplying the instructions for inspection of each system accepted for use in producing material for Caltrans projects. Where thc adjusting elements do not produce a numerical security seal, the device shall be left in a secure condition by the placing ofa physical security seal bythe District WMC. Refer to Section 9-1-0 1, paragraph 4, "Measurement of Quantities," of the Standard Specifications. 5. Always check the rate indicator against the totalizer indicator for several intervals of l-min or more. Time the interval with a stopwatch. The indicated rate should be within L o/o of the rate determined by thetotalizer. Check the current specifications for the product beingproduced to determine the maximum allowable error lor like indicators. 6. When the weighbelt system includes a separate stand-alone controller, this independent controller shall be the only controller used for the testing and calibration of the weighbelt. The calibration procedure shall be separate from and not used with the main plant controller, Afterthe successful testing of the separate, stand-alone device, the main plant controller shall be adjusted to track the calibrated proportioning device, exactly. (See Note 5.) Where the weighbelt is not supplied with the means of self-calibration, the main plant controller will have to be used for the weighbelt testing and calibration. Refer to the Weights and Measures Handbook for more inforrnation about plant controller interface with individual proportion- ing controllers. 7. In the event the material production rate is to excced 365 metric tonnes per hour (MTH) (402 tonnes per -15- E. hour), the high speed calibration attempt may be a set of two trrns of 2 min each for each calibration rate greatcr than 365 MTH. The average error for each pair o[ runs shall not exceed L.O o/o. This average high- speed error shall be used as the high-speed result. 8. Record span-adjustment setting and reading of the weighbelt's totalizer before each test run. Divert the test flow of calibration material into the calibration container directly from the feeder belt at each of the designated rates. Each series of tests shall consist of at least three runs of at least thc minimum quantity stated in Table B, "Conveyor Scale Testing Extremes." The empty mass (tare) of the calibration container shall be determined at the beginning of each test rrrn. Any loss of rnaterial during the test run shall be cause for starting the test run over. 9. The difference between the mass accumulated on the weighbelt totalizer (metered) and the mass indicated on the witness scale rvheu the calibration container is weighed (actual) is divided by thc aotual mass to determine the percent error for the calibration run. The average percent error for the threc test runs is the sum of the deviations of the three individual test runs divided by 3. If the device is adjusted before completion of the three calibration runs, thc test is aborted and a new series must be initiated. Device error shall be within the limits expressed in Table B, "Conveyor Scale Testing Extremes." REPORT AND SECURITY SE/AL At the conclusion of a successful test of proportioning devices, record the span- adjustment settings and make them available to the plant inspector. Where the device does not produce a record of acljustment, span number or other California Test 109 May 2004 indication of adjustment, the device shall be left in a secure condition by the placing of a physical security seal. Refer to Section 9- 1 .0 1, ParagraPh 4, "Measurement of Quantities," of the current Standard Specifications. F. SAFETY 1. Be alert to the movement of vehicles during the testing operation. Numerous tests may be running simultaneously with multiple trucks moving about. 2. Place yourself in an area that is completely free of the cold feed bins, feeder conveyor, weighbelt and truck loading areas during the time of testing' PART 5 . TEST PROCEDURE FOR VOLUMETRIC PROPORTIONING PLANTS Part 5A - Volumetric RSG (Rapid Strength Concrete) ProPortioning A. GENERAL The delivery rate of aggregate and cement per revolution of the aggregate feeder shall be calibrated at appropriate gate settings for each batch-mixcr truck used on the project and for each aggregate source. B. INSPECTION Inspect the batch-mixer trucks for compliance with the contract special provisions. C. TESTING EQUIPMENTAND PROVISIONS 1. Calibration tests for aggregate, cement and water proportioning dcvices sha-ll be conducted with a platform scale located at the calibration site. This platform scale shall have a maximum capacity not exceeding 2.5 tonnes with ma-ximum graduations of 0.5-kg, The platform scale shall be error tested within 8 hrs of calibration of batch-mixer - 16 - truck proportioning devices. Error testing shall be performed with tcst masses conforming to this CT 109 and shall produce a witness scale that is within two graduations of the test mass load. The scale and all other equipment needed for the calibration of proportioning systems shall be available for use at the production site throughout the production period. 2. The batch-mixer truck shall be equipped so that an accuracy check can be made prior to the first operation for the project and at any other time as directed by the Engineer. Further calibration of proportioning devices shall be required evcry 3O days after prod.uc- tion begins or when the source or type of any ingredient is changed. Aspot calibration shall consist of ca.l.ibration of the cement proportioning system only. A two run spot recalibration of the cement proportioning system shall be performed each time 50 tonnes of cement has passed through the batch-mixer truck. Should the spot recalibration of the cement proportioning system fall outside the limitations specified herein, a fullcalibration of the cement proportioning system shall be completed before production resumes. Ingredicnt indicators shall be in working ord.er prior to commencing proportioning and mixing operations, and shall be visible when standing near the batch-mixer truck. DEVICE TESTING AND CALIBRATION 1. Aggregate Proportioning - Batch- mixer trucks shall be calibrated atthree different aggregate gate settings that are commensurate with production needs. TWo or more calibration runs shall be required at each of the different aggregate gate California Test 109 May 2004 openings. Aggregate belt feeder shall deliver aggregate to the mixer with such volumetric consistency that deviation for any individual aggregate delivery rate check-mn shall not exceed l.O % of the mathematical average of all runs forthe same gate opening ald aggregate type, Each test run shall be at least 500 kg. Fine aggregate used for calibration shall not be reused for device calibration. 2. Cement Proportioning - The cement proportioning system shall deliver cement to the mixer with such volurnetric consistency that the deviation for any individual delivery rate check-run shall not exceed 1.0 % of the mathematical average of three runs of at least 50O kg each. Cement used for calibration shall not be reused for device calibration. 3. Water Proportioning - Refer to Part 3, Test Procedure for Liquid Metering. The water meter shall be equipped with rate-of-flow indicators to show the rate of delivery and a resettable totalizer so that the total water introduced into the mixture can be determined. The totalizer shall not register when the water metering system is not delivering water to the mix. 4. Liquid admixtures shall be proportioned by a meter. This meter shall be tested as per Part 3 of this cT 109. REPORT AND SECURITY SEAL 1. A Certilicate of Compliance in conformance with thc provisions in Standard Specifications, Sectiou 6-L.O7, "Certificates of Compliance," sha-ll be lurnished with each delivery of aggregate, cement, and admixtures used for calibration tests, and shall be submitted to the Engineer with a certified copy of the mass of each delivery. The E. D. 11 Certificate of Compliance shall state that the source of materials used for the calibration tests is from the same source as to be used for the planned work. 'lhe Certificate of Compliance shall state that the material supplied conforms to the Standard Specihcations and the Special Provisions, and shall besigned by an authorizcd representative who shall have the authority to represent and act for the contractor. 2. At the conclusion of a successful test of proportioning devices, record the span-adjustment settings and make them available to the plant inspector. Where the d.evice does not produce a rccord of adjustment, span number or other indication of adjustment, the device shall be left in a secure condition by the placing of a physical security seal. Refer to Section 9-1.01, paragraph 4, "Measurement of Quantities," of the current Standard Specifications. F. SAFETY Rotating and reciprocating equipment on batch-mixer trucks sha1l be coveredwith metal guards. Be very careful around thesc tn:.cks when they are mobile. Part 58 - Test Procedure for Volumetric Pave- ment Seal Production Equipment A. GENERAL 1. SIurry seal mixer-spreader trucks proportion aggregate and emulsion by volume. Due to possible changes in aggregate obtaincd from different sources, each truck must be calibrated for each source at least once every six months. A greater frequency may be necessary, especially with equipment changes. 2. Inspect the mixer-spreader trucks toensure compliance with the requirements of Section 37 ofthe Standard Specilications, this California Test 109 May 2004 CT 1O9, and all applicable Standard Special Provisious. INSPECTION lnspect the batch-mixer trucks for compliance with the contract special provisions. TESTING EQUIPMENT AND PROVISIONS l. For the test standard, error-test a section of a vehicle scale located within 3 miles of the aggregate stockpile.(Refel to ParL 4, Section D-4.) 2. The mixer-spreader truclc shall be equipped so that an accuracy check can be made prior to the first opcration for the project and at any other time as directed bv the Engineer. 3. Ingredient indicators shall be in working order prior to commencing proportioning and mixing operations and shall be visible when standing near the batch-mixer truck. DEVICE TESTING AND CALIBRATION 1. Aggregate Belt Rate Detcrminations a. Preweigh a loaded truck and run at least 3 tonnes of aggregate from the truck mounted hopper, over the belt, and through the pugmill. Register the number of counts on the aggregate belt- feeder revolution counter. Reweigh the truck after the test run, divide the net mass change by the revoltrtions counted and reduce the results by the moisture content of the aggregate being used for the calibration to obtain a dry kilogram of aggregate per revolution. Note 12: What you have after here is the number of dry kilograms of aggregate delivcred to the pugmilt B. c. D. - 18 - 2. per unit ol the aggregate belt-feeder revolution counter. The type of count does not nratter as iong as it relates to aggregate belt-feeder movement - it may be different for each truck. The important final product of this calibration is the ability to determine the ratio of kilograms of dry aggregate to the kilograms of cmulsion, corrected for temperature, while operational. b. Continue this operation for a total of three runs at the approximate gate setting to be used during the production of slurry seal. None of these three runs should deviate from their combined mathematical average by rnore than L,O Yo. After using the above procedure to establish belt-feeder delivery consistency, do two more runs that bracket the initial delivery rate. These two runs and the average of the first three runs should produce a straightline plot. NOTE 13: An a-lternate aggregate calibration option is to capture the material leaving the mixer-spreader truck, without loss, and deposit it into a container. The procedure then shall be as for volumetric PCC equipment as in Part 5A, Volumetric RSC Proportioning. Emulsion Pump Rate Determination. Use the te st standard, vehicle scale, as set up for the aggregate test. a. Preweigh a mlYer-spreader truck, empty of aggregate, Ioaded rvith cmulsion to be used for the contract. Run at least l2OO L from the truck mounted emulsion storage through the emulsion pump and into a separate tank. The aggregate belt-feeder must rt-rn in an empty mode in order to make California Test 109 May 2004 the aggregate belt-feeder revolution counter functional. Register the number of counts on the counter. Reweigh the mixer-spreader truck after the test run, divide the net mass change by the revolutions counted., and reduce tl-re results for any major temperature correction to obtain a corrected kilograms of emulsion per unit of the aggregate belt-feeder revolution counter. b. Continuc this operation for a total of three runs at the approximate emulsion rate to be used during the production of slurry seal. None of these three runs should deviate from their combined mathematical average by more than 2.0 o/o.Til,:e average of the results produced by these three test mns shall be used for the emulsion pump rate d.etermination for use in operational calculations. If the contractor elects to use a variable rate emulsion pump, continue the test with the following procedure. After using the initial three test runs to establish the emulsion pump delivery consistency, do two more rLlns that bracket the initial delivery rate. The results of these two rLrns and the average of the first three runs should produce a straightline plot. c. Check that the emulsion pump and all plurnbing are free of leaks. Check the thermorneter in the emulsion storage tank with a standardized thermometer. Water Meter - Refer to Part 3, Test Procedure for Liquid Metering. 3. - 19 - E. REPORT AND SECURITY SEAL At the conclusion of a successlul test of proportioning devices, record the span- adjustment settings ancl make them available to the plant inspcctor. Where the device does not produce a record of adjustment, span number or other indication of adjustment, the device shall be left in a secure condition by the placing of a physical security seal. Referto Section 9-1.O1, paragraph 4, "Measurement of Quantities," of the current Standard Specihcations. F. SAFETY Rotating and reciprocating equipmenton mixer-spreader trucks shall be covered with metaL guards. Be very careful around these trucks when they are moving. PART 6 . MATERIAL PLANT SAFEW INSPECTION A. GENERAL Test all plants producing material for Caltrans projects for departures from the regulations administered by the California Division of Occupational Safety and Health, U. S. Department of Labor - Occupational Safety and HealthAdministration, and California Department of Transportation. Only those areas frequented by Caltrans plant inspectors need be inspected. Refer to Section 7-L.O6 "Safety and Health Provisions" of the Standard Specilications. Report all safety deficiencies on Form HC-0012, "Material Plant Salety Checklist," or equivalent. This is a checl<list type form to help with the safety regulations. The completed copy of this report must be passed on to the Resident Engineer, I{Q Construction, the plant inspector, and the contractor, before the start of production possible. California Test 109 May 2004 REFERENCE Cal ifornia Standard Specif ications Galtrans Standard Special Provisions California Test 125 Caltrans Weight and Measures Handbook End of Text (California Test 109 contains 21 pages) -20 - California Test 109 May 2004 Attachment TABLE A . METER TESTING EXTREMES mtnrmum test draft witness scale maximumsmeter size stze maximum individual error ation epoxy < 0.76 !0.5% 0.76 - '1.49 i 0.5% >1.49 I ,gg large 1150 lZSOOrgl O.SOts ltO.SZ" 1t1.5%l t0.5%r 0.5% ' Meters used for proportioning at continuous mixing AC plants and lime slurry treatment plants shall be accurate to within 0.5 % of the test load for an average of three test runs and no individual test run error shall exceed 1.0 % TABLE B . CONVEYOR SCALE TESTING EXTREMES maxtmum enor test size minimum witness scale 65%, 100To 65Yq10Oo 65Yo, 65%,100% 65%,100% Lime, Dry 30%,65%,100% All Other > 100 65%,100% < 100 30%, 'Use a 3 minute or longer calibration run unless the calibration rate exceeds 365 tonnes per hour. .* The witness scale size for baghouse dust will depend on the amount of material delivered during the 15 minute test run. nch -21 - t' PAVEMENT RECYCLING SYSTEMS, INC. 10240 San Sevaine Way, Jurupa Valley, CA 91752 (p) es1-682-1091 (F) 951-682-1094 QUALITY GONTROL PLAN Draft Qrrality Control PIau Item 4 Cold Central PIant Recycling (CCPR) of Reclaimed Asphalt Pavemeut Canyon Lake Pavement Rehabilitation Project Quality control rnanagernent will be exercised by Quality Control Laboratory to el$ure that ltem 4 Cold Central Plant Recycling confouns to the project specifications. Process and quality control procedures to verifu cold recycling is progrcssing per the specifications will be pelfotrned by labolatory and fielcl personnel from Quality Control [,aboratory and personnel trained and experienced from the lecycling oontl'actol', Pavernent Recycling Systems, Inc. (PRSI). The individuals responsible foL QC activities handled by Quality Control Laboratory ae as follows: Project Engineer: On-site Project Technician: Responsible project pelsonnel florn PRSI are as follows: Primary QC onsite pel'soll: Project Manager: Responsible project pelsonuel flrom general Contractor as follows: Project Manager: Supervisor: Quality Control procedur.es will include sampling and testing to be performcd at a ratc sufficiertt to etlsurc that cold recycling, placement, cornpaction, and finishing couforms to the project specifications. Quality Control Laboratory will be onsite as the Quatified Technician iu accordatrce with the projeot specificati<lns. Other.separation of QC responsibilities as well as frequency of testing is outlined below and included in 'table 1. The Engineer will have unrestricted access to the laboratory, salnpling, testittg sites, and all infounation ,"rriiirg fiom mix design and qriality control activities. All QC testing resttlts will be subrnitted to the Engineet on a daily basis. Copies of the testing forms to be used for the project are attached. Coll CentraI Plaut Recycling (CCPR) wilt irritiate with Reclaimed Asphalt Pavetneut (RAP) fi'orn the existing pavements and stockpiled in the dcsignated arca showu on the Plans. PRSI will erlsure that the RAP is cleari and free of contamination of diLt, base, coucrete and other deletelious matelials. Unsuitable or coltamipated rlaterials will be removed from the stockpile area and utilized itl other applications of the pr.oject. Shortly before, ot at the time of rccycling, PRSI will crtrsh and sct'eeu the stockpiled RAP to a gr.aied aggregate blencl rvith 100% of the crushed RAP passing a 1-inch sievc and less than 5% passing the No. 200 sieve. Meters apd belt scales on the recycling mixing unit will calibrated by PRSI within 5-days of beginning the recycling operation. During the CCPR operatiotrs PRSI's recycling opetator will rnonitor and record the amlgnt i1d percent of water added and the atnount and pet'cent of emulsion added for every 500 tons of recyclecl material produced. These quantities will be crossed check by PRSI agaiust celtified weight tickets of emulsion delivered to the project. PRSI will obtain two-qualt sarnples of eurulsified lecycling agent ft'om each load deliverect to the project. One satnple will be used for PRSI's quatity corrtrol testing. PRSI will perforrn a sieve test i1 genLral accordance witlr ASTM D 2444 to verify the emulsiorr is stable prior to ttsing each load. The remaining sample will be delivered to the Ettgineer at the end of each working day. A Certificate of Compliance fi'om the emulsion supplier shall accotnpany eaclt shiprnent to the Project. During cold recycling operations the Quality Conhol Labolatory rvill monitor atrd recot'd arnbient ternpJratur.e ,"qri,=',i"r1ir and obselve the recycled mix for unifolmity of coating. Cold rrccycling operatiotls shail not be per.'forrned duling wet conditions or if rain is itnmirrent ol predicted to exist. "[tnmineut ot predicted" is dcfined as beiug forccasted (showing) withiu a 48-hour period on the National Weather Service Web Site http://www.lvrh.noaa.gov for the most representative aud nearest location listed to the project. Recycling and placement operations shall not be perFolrned unless the ambient temperature is a mittimum of 50'F ald unless thc National Weather Sewice Web Site forecasts that the ambient tetnperature will bc remain a rninimum of 50oF until all recycling constructiou operations at'e completed for tlrat day. In addition, recycling will not begin if the National Weather Setvice Web Site lorecasts that the arnbient temperatul'e willdrop below 35oF withiu a 48Jrour period of completing the lecycling operations. Iu the event recycling and placement operations are initiated and weather conditions deteriorate soon after, thel all traffic will be kept off the recycled nrat until weather conditions improve (temperature rises and hunridity drops) and the recycled section has "cur'ed" sufficiently for secorrdaty cornpactiou to take place in accordance with the Culc and Maintenance rcquirements of the specification. Quality Control Laboratory will sample each 500 tons of graded RAP and leturned the samples to tlre laboratory each day to conduct full sieve analyses. On the lirst sarnple and every third sanrple thereafter Quality Control Laboratory will perform a wet field gradation for material passirtg the l-inch through No. 4 sieves. The sieved sarnple will be compared to the gradation band detet'mined from the mix designs referenced in the specificatiotrs fol the specified emulsiort. Adjustments in the rate of emulsified recycling agent and water will be determined by Quality Control Laboratory in conjunction with PRSI. Adjustrnents will be made as llecessaty based on the coating, compaction and breaking pl'operties and field gradations. All adjustments will be documettted by PRSI and approved by the Engirreer. The recycled material will then be loaded from the finished stockpile by PRSI into trucks provided by the General Contractor who will then pave and compact the recycled tnaterial to a final compacted thickness of 3-iuches using equiprnent outlined in the project specifications. General Conttactor wilt verif, thickness with probes. During the placemeut and compactiou operations Quality Control Laboratory will condLrct nttclear testing in accordance witlr ASTM D 2950 and determine the sequence and rnanner of rolling necessary to obtain the maxirnurn compaction by establishing a rolling vs. densi[y chart that shows the progress of densification fLorn initial laydowrr through rnaxirnum obtainable density at the "break over poitrt". Quality Control Laboratory will verifu the maxirnurn density is being achieved in each lot prior to allowing tlte compaction operations to proceed to the ne.rt lot. The roller pattern will be selected that produces the densest recycled pavement without causing shoving, displacement or cracking. 'flre need to allow solne cul'e titne between roller passes rvill be detennined by Quality Control Labomtory. After initial compaction has been achieved, and prior to opening the recycled pavement mixture to traffic, a fog seal coat will be applied by General Contractor to the recycled pavement surface at a rate of approximately0.lO-gals/squareyardofdilute(l:l)emulsifiedrecyclingagent,SSlhorequivalent. If necessaty to prevent pickup, the fog seal will be covered with sand at a rate of 1 to 2 pounds per sqtnre yard by General Contractor. In the event that excess sand is allowed to buildup it will be lemoved lrom the paveurent surface by sweeping. Hand srveeping will utilized as possible to minimize damage to a freshly recycled surface. After a rnirrimunr of 2-days of cure, Quality Contlol Laboratory will verif, the moisture contetrt of the in- place recycled pavernent. Upon the velification that the residual moisture of the in-place lecycled pavemetrt is belorv 2.0Yo the recycled pavement rvill be recompacted by General Contractor using compactiou eqtriplneut outlined in thc project specifications. Quality Control Labotatory will conduct nttclear testing in accordance rvith ASTM D 2950 and detelmine the sequetrce and lranuer of rolling llecessaty to obtain the lnaxilnum compaction by establishing a rolling vs. deusity chart that shows the progress of densification fronr iuitial rolling thlough uraxirnurn obtaiuable density at the "breal< over point". Quality Control Laboratory will verifu the maxirnurn density is being achieved for each lot prior to allowing the compaction operatious to proceed to tlre next lot. The roller pattern will be selected that produces the densest recycled paverncnt without causing shoving, displacernent ol cmcking. Although not anticipatcd for this project siuce proper QC ptocedures will be followed, in the unlikely event that darnage to tlte recycled layer occLlrs, fie following conective actions will be implemented: Verify RAP is free of Deletelious Matelial Calibration of Plant Verif, and Docurnenl, Water, Ernulsion and MP, Quantities and 7o Make Changes in Emulsion %o Document Changes in Ernulsion o/o Obtain and Sieve Eurulsion Samples Monitor and Record Ambient Tenrperatures Conduct Sieve Analysis, Field and Lab Cornpaction Testing of Subgrade Compaction Testing of Recycled Material, including Roller Pattern and 'liming Verifi Thickness of Cornpacted Recycled Pavenrent Verifu Srnoothness of Compacted Recycled Pavement Verification of Curing is Complete Vcrification of Rerolling Cornpaction Table2 - Possible Corrective Actions Issue with Recycle Layer Possible Corrective Actions Isolated areas of rninor raveling or scuffing Srveep aud rnonitor Depending on tirning of overlay le-fog seal to protect Isolated areas of major raveling, scuffiug or tearing Maintairr better tlaffic restrictions itr areas that are llot cul'ed Remove and replace damaged areas lvith HMA prior to overlay Large scale areas of raveling, scuffing or tealing in straight traffic aleas lncrease emulsion contetrt in future recycle at'eas Remove aud replace with HMA ot'te-recycle lottg runs Dirnpling due to parked vehicles or equipment Isolated fill witlr HMA prior to overlay Pennanent deformation within wheel patlt areas due to secondary compaction by tlaffic Initiatc reLolling soorler in futute recycled areas Plovide leveliug/fill course of FIMA prior to overlay Perrnanent deforrnation and shoving due to nnstable rnix lnvesti gate pavelnellt sttuctut'e Decrease emulsion content in lutut'e lecycle ateas Remove and replace with HMA or re-recycle supplementing with uncoated coarse aggregate h'regulal or rough sulface Cross-rero ll i f effective Profile glind Rernove and replace with HMA JUL 0 2 2015 CITY CLER[('S OFFICE RECEIVED JUN 2 I 20t5 CITY ADMINISTRATION STAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVIC DEPARTMENT DATE: TO: FROM: 7t7t2015 Honorable Mayor and City Council Samuel Kevin W*o(Kirector of Public Works, Water and Development Seruices Department Originator: Felix Vela ssistant Engineer Enter into State Master Agreement No. 004745 and Program Supplement No. N43 with Caltrans for the citywide feasibility study to create a bicycle master plan RE Recommendation A. Find that the approval of the State Master Agreement No. 004745 with Caltrans and the approval of the Program Supplement No. N43 proposed 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. Adopt the attached resolution authorizing the Mayor of the City of Vemon to execute the State Master Agreement with Caltrans and any future program supplements. Background The City of Vernon has received a grant of State Funds from the Active Transportation Program for the citywide feasibility study to create a bicycle master plan. In order to receive the State Funds from the Active Transportation Program (ATP) or other State funded programs for use on local transportation related projects, the City must first enter into an agreement with the State of California acting through Caltrans, which administer the funds. The State Master Agreement addresses the prosecution of the project and the subsequent operation and maintenance of the completed facility. The program supplement is a supplement to the master agreement that is required for each individual project slated for funding with ATP program funds and other State funded programs. Caltrans has prepared the attached State Master Agreement and Program Supplement and is requesting approval by the City. The approval of the supplemental agreement is a condition for the City to receive the State funds. Page I of2 a Fiscal Impact The State Master Agreement and Program Supplement are required in order to receive grant funds from the Active Transportation Program and other State funded programs. The approval of the Program Supplement will grant the City $53,000.00 for a citywide feasibility study to create a bicycle master plan. The City is required to allocate $7,000.00 of local funds to meet the matching funds requirement. The matching funds have been budgeted in the FY 2015-2016 budget. Attachment(s) 1. Resolution 2. State Master Agreement No. 004745 3. Program Supplement No. N43 Page2 of2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHOR]ZING THE EXECUTION OF THE STATE MASTER AGREEMENT NO. OO474S AND PROGRAM SUPPLEMENT NO. N43 BY AND BETWEEN THE CITY OF VERNON AND THE STATE OF' CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATfON, FOR THE CITYWIDE FEASIBILTTY STUDY TO CREATE A BfCYCLE MASTER PLAN WHEREAS, the City of Vernon has received a grant of State Funds from the Active Transportation Program (the "ATP") for t.he citywide feasibility study t.o create a bicycle master plan; and WHEREAS, in order to receive the State Funds from E.he ATP or other StaEe funded programs for use on Iocal transportation related projects, the City must first enter int,o an agreement with t.he State of Cal-if ornia, acting through the California Depart.ment of Transportation ("Ca1Erans"), which administer the funds; and WHEREAS, by a memorandum dated ,Ju1y 7, 201-5, the Director of Public Works, Water & Development Services has recommended the approval of the State Master Agreement No. 00474S and Program Supplement No. N43 which will grant. the City $53,000.00 for a citywide feasibility sEudy to create a bicycle master plan; and WHEREAS, the City Council desires to approve and aut.horize the execuEion of Che St.ate Master Agreement. No. 004745 and Program Supplement No. N43. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COI]NCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION l-: The City Council of the City of Vernon hereby finds and determines that t.he above recit,als are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under tshe California EnvironmenEal Quality Act (CEQA) , in accordance wit.h SecEion l-5051(b) (3), the general rule EhaE CEQA only applies to projects that may have an effect on the environment. SECTION 3: The City Council of the City of Vernon hereby approves the SEaEe Master Agreement No. 004745 wiE.h E.he StaEe of California, acting through Callrans (the "Agreement,,), in subst.antially the same form as the copy which is attached hereto as Exhibits A. SECTION 4: The City CounciL of the City of Vernon hereby to the Agreement with Caltransapproves the Program Supplement No. N43 ( "Program Suppfement"), in substantially the same form as the copy which is attached hereto as Exhibit B. SECTION 5: The City Council of the City of Vernon hereby autshorizes the Mayor or Mayor Pro-Tem to execute said Agreement. and Program Supplement for, and on behalf of, t.he City of Vernon and t.he Cit.y C1erk, or Deputy City C1erk, is hereby authorized t.o attest thereto . SECTION 6: The City Council of the City of Vernon hereby inst.ructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the Eransactions herein approved or authorized, including buE not limited to, any non-substantive changes to the Agreement and program Supplement attached herein. SECTION 7: The City Council of the City of Vernon hereby directs the City C1erk, or the Deputy City C1erk, to send t.he executed Agreement and Program Supplement, together with a certified copy of 2 this Resolution, to: State of Cal-ifornia Department of Transportation Division of Local Assistance P. O. Box 9428'74, MS# 1 Sacramento, CA 94274-0001 SECTION 8: The City C1erk, or Deputy City C1erk, of the City of Vernon sha1l certify to the passage, approval and adoption of this resolution, and the City C1erk, or Deputy City C1erk, of the City of Vernon shal1 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 AND ADOPTED this 7th day of Ju1y, 207-5. Name: Title: Mayor / tttayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: 3 MASTER AGREEMENT ADM INISTERING AGENCY-STATE AGREEMENT FOR STATE-FUNDED PROJECTS 07 City of Vernon District AdministeringAgency Agreement No. 004745 This AGREEMENT, is entered into effective this _ day of , 20 , by and between the City of Vernon, hereinafter referred to as "ADMINISTERING AGENCY,' and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY." RECITALS: 1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and 2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from either the State Transportation lmprovement Program (STIP), or other State-funded programs (herein refened to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG), for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and 3. WHEREAS, said PROJECT will not receive any federal funds; and 4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW, THEREFORE, the PARTIES agree as follows: Page 1 of 16 ARTICLE I . PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a projeclspecific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY. 2. The State approved projeclspecific allocation letter designate the party responsible for implementing PROJECT, type of work and location of PROJECT. 3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with wriften concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY. 4. ADMINISTERING AGENCY agrees to execute and retum each project-specific PROGRAM SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on-going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by STATE in writing. 5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT. 6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of the executed PROGRAM SUPPLEMENT for said PROJECT. 7. Projects allocated with STATE FUNDS from the STIP will be administered in accordance with the current CTC STIP Guidelines, as adopted or amended and in accordance with Chapter 23 of the Local Assistance Program Guidelines (LAPG) published by STATE. 8. Projects allocated with STATE FUNDS not programmed in the STIP will be administered in accordance with the applicable chapter of the LAPG and/or any other instructions published by STATE. 9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to conlract award for construction, including, but not limited to, environmental studies and permits (E&P), preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration. Page 2 of 16 10. ADMINISTERING AGENCY's eligible costs for construction engineering includes actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities. 11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its sub-contractor engineering consultant shall be responsible for all PROJECT engineering work. 12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT. '13. lf PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in accordance with Chapter 1'1 of the Local Assistance Procedures Manual (LAPM) that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the STATE's minimum statewide design standards or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual. 14. lf PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its' contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights of way or work which affects STATE facilities. 15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. ln either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract. 16. The Department of General Services, Division of the State Architect, or its designee, shall review the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING AGENCY shall not award a PROJECT construction contract for these types of improvements until the State Architect has issued written approval stating that the PROJECT plans and specifications comply with the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations. 17. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a fulltime employee to be in responsible charge of each PROJECT. Page 3 of 16 18. Unless othenarise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT. 20. ADMINISTERING AGENCY shall submit PROJECT-specific award information, using Exhibit 23-A ot the LAPG, to STATE's District Local Assistance Engineer, within sixty (60) days after contract award. A copy of Exhibit 23-A shall also be included with the submittal of the first invoice for a construction contract by ADMINISTERING AGENCY to: Department of Transportation, Division of Accounting Local Programs Accounting Branch, MS #33, PO Box 94287 4, Sacramento, California 9427 4-0001. 2'l . ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Report of Expenditures" within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance Chapters 1 7 and '19 of the Local Assistance Procedures Manual. 22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA. 23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement. 24. ADMINISTERING AGENCY shall include in all subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of lndustrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY. Page 4 of 16 ARTICLE II - RIGHTS OF WAY 1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certifu and, upon request, shall furnish STATE with evidence that all necessary rights-of-way are available for construction purposes or will be available by the time of award of the construction contract. 2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise. (a) Expenditures to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. (b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT. (c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. (d) The cost of demolition andior the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal. (0 The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified and recovery made. 3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the righfof-way for a PROJECT, including, but not limited to, being clear as certified or if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non-matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work. Page 5 of 16 ARTICLE III - MAINTENANCE AND MANAGEMENT 1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. Wth the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liabili$ in a manner satlsfactory to the authorized representatives of STATE. lf, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence. 3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. Page 6 of 16 ARTICLE IV - FISCAL PROVISIONS 1. All contractual obligalions of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC. 2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATES approved fi nance letter. 3. ADMINISTERING AGENCY may submit signed duplicate invoices in arrears for reimbursement of allowable PROJECT costs on a monthly or quarterly progress basis once the project-specific PROGRAM SUPPLEMENT has been executed by STATE. 4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing afrer the STATE FUNDS are encumbered on either the project-specific PROGRAIVI SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right lo suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period 5. lnvoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with Chapter 5 of the LAPM. 6 lnvoices must have at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contraclors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. 7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY. 8. An indirect cost allocation plan and related documentation are to be provided to STATE (Caltrans Audits & lnvestigations) annually for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for reimbursement The indirect cost allocation plan must be prepared in accordance with the requirements set forth in Office of Management and Budget Circular A-87 and Chapter 4 of the Local Assistance Procedures Manual 9. STATE will withhold the grealer of eilher two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. '10. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with an allocation letter and finance letler. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and flnance letter. PageT of 16 11. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds. 12. ADMINISTERING AGENCY shall use its own non STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs 13. ADMINISTER|NG AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual. 14. STATE FUNDS allocated from the STIP are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE. 15. STATE FUNDS encumbered for PROJECT are available for liquidation only for five (5) years from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Wori Agreement (CWA) is submifted by ADMINISTERING AGENCY and approved by the Californii Department of Finance in accordance with Government Code section 16304. The exact date of fund reversion will be reflected in the sTATE signed PROJECT finance letter. 16. payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current State Department of Personnel Administration (DpA) rules. lf the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand. 17. ADMINISTERING AGENCY agrees to comply with office of Management and Budget (oMB) Circular A-87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 18. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 , et seq., shall be used to determine the allowability of individual PROJECT cost items and (b) those parties shall comply with federal administrative procedures in accordance with 49 CFR, Pa( 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub-recipient receiving PROJECT funds as a contractor or sub-contractor under this AGREEMENT shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. ADMINISTERING AGENCY agrees to comply with the provisions set Page 8 of 16 forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies. 19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under OMB Circular A-87, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646 or 49 CFR, Part '18, are subject to repayment by ADMINISTERING AGENCY to STATE. 20. Upon written demand by STATE, any overpayment to ADMINISTERING AGENCY of amounts invoiced to STATE shall be returned to STATE. 21. Shoutd ADMINISTERING AGENCY fail to refund any moneys due STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, andior may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY. 22. Should ADM|N|STER|NG AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article lV - 21 , from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder. 23. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT. Page I of 16 ARTICLE V AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS 1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V. 2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred PROJECT costs and matching funds by line item for the PROJECT. The accounting system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE' 3. For the purpose of determining compliance with Title 21, California Code of Regulations, Chapter 21, section 25OO et seq., when applicable, and other matters connected with the performance and costs of ADMINISTERING AGENCY's contracts with third parties pursuant to bovernment Code section 8s40.7, ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of final payment to ADM|N;STER1NG AGENCY under any PROGRAM SUPPLEMENT. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, shall each have access to any books, records, and documents that are pertinent to a PROJECT for audits, examinations, excerpts, and transactions and ADMINISTERING AGENCY shall furnish copies thereof if requested. 4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of OMB Circular A-133 if it receives a total of $500,000 or more in STATE FUNDS in a single fiscal year. The STATE FUNDS received under PROGRAM SUPPLEMENT are a part of the catalogue of Federal Domestic Assistance (cFDA) 20.205, Highway Planning and Research. 5. ADMtN|STERING AGENCY agrees to include all PRoGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY'S annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with OMB Circular A-133. 6. ADMINISTERING AGENCY shall not award a construction contract over $10,000 or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (0] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds. Page 10 of 16 7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shalt contain all of the provisions of Article lV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS ANd ShAII mandate that travel and per diem reimbursements and third-party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors. 8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE lV in the same manner that is required of all other PROJECT expenditures. 9. ln addition to the above, the pre-award requirements of third-party contractor/consultants with ADMINISTERING AGENCY ShOUId bE CONSiStCNt With LOCAL ASSISTANCE PROCEDURES. Page 1 '1 ot 16 ARTICLE VI - MISCELLANEOUS PROVISIONS 1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws. 2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Minual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT. 3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any slatute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 4. ADMINISTERING AGENCY and the otficers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE. 5. Each projecfspecific PROGRAM SUPPLEMENT shall separately establish the terms and funding limi6 for each described PROJECT funded under this AGREEMENT and that PROGRAM sUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT 6. ADt\4tNtsTERlNG AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT' 7. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT' that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage' brokerage, or contingent fee, eicepting bona fide employees or bona flde established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation ol this warranty, STATE has the right to annul this AGREEMENT wiihout liability' pay only for the value of the PROJECT work actually performed, or in STATE s discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or olheMise recover' the full amount of such commission, percentage, brokerage, or contingent fee. 8. ln accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of i federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board. 9 ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon lhe outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEIVIENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. Page 12oi 16 10. ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT. 11. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otheruise recover the full amount of such rebate, kickback, or other unlawful consideration. 12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Officer, who may consider any written or verbll evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer. 13. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT. 14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY undei or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. lt is understood and agreed that ADMINISTERING AGENCY shall f-ulty defend, indemnify and save harmless STATE and all of its officers and employees from all claimi and suits or actions of every name, kind and description brought forth under, including but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occuning by reason of anything done or omifted to be done by ADMINISTERING AGENCY under this AGREEMENT. 15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to o9 !91" by, under or in' connection with any work, authority or jurisdiction arising under this AGREEMENT. lt is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortuous, contraciual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omifted to be done by STATE under this AGREEMENT' 16. ln the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the projeclspecific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reseryes the right to terminate funding for that PROJECT upon thirty (30) days'written notice to ADMINISTERING AGENCY. '17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thi(y (30) day period the ADMINISTERING Page '13 of 16 AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE. 18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. ln the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. lf STATE terminates funding for PROJECT with ADMIN|STERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE Vl, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to sTATE shall first be deducted from any sum due ADMINISTERING AGENCY. 19. ln the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in inri pnOennU SUppLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT. 20. Without the wriften consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part. 21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. tN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer. ByBy Date STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Chief, Office of Project lmplementation Division of Local Assistance City of Vernon City of Vernon Representative Name & Title (Authorized Governing Body Representative) Page 14 of 16 Date EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM 1. ln the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, age, aniestry oi national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will tike affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; ratei of piy or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section. 2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 1290-0 et seq.), and the applicable regulations promulgated thereunder (cal. code Regs., Title 2,7285.0, et seq.). The applicable rJgulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-0, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in futt. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated Oy bfnfe, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement. 5. Remedies for Willful Violation: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code section 1426 which has become final or has obtained an injunction under Labor Code section 1429 (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due Page 15 of 16 or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement. Page 16 of 16 EXHIBIT B PROGRAM SUPPLEMENT NO. N43 to ADMINISTERING AGENCY.STATE AGREEMENT FOR STATE FUNDED PROJECTS NO OO474S Adv Project lD Date: 0715000221 Location: Project Number: E.A. Number: Locode: June 3, 2015 O7-LA-O-VER ATPLNT-5139(013) 51 39 This Program Supplement, effective , hereby adopts and incorporates into the Administering Agency-State Agreement No. 004745 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No.approved by the ADMINISTERING AGENCY on (See copy attached). The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages. PROJECT LOCATION: City of Vernon TYPE OF WORK: Non lnfrastructure: City of Vernon Bicycle Master Plan CITY OF VERNON By Title Date Attest By STATE OF CALIFORN!A Department of Transportation Chief, Office of Project lmplementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accountins o*"., t(/ //'f=\--.Date $53,000.00 Program Supplement 00-4745-N43- SERTAL Page 1 of 3 $53,000.00 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV O1t2o1O) Clains Audits 3301 "C" Street, Rm 404 Sacramento, CA 95816 Encumbrance Document REQUISITION NUMBER / CONTMCT NUMBER: RQS-2660- 071 500001 01 7 PROJECT NUMBER: 071500022t Page _ of _ Department of Transportation SUBJECT: FROM VENDOR/ LOCALAGENCY: CITY OF VERNON CONTMCTAMOUNT: $53,000.00 PROCUREMENT TYPE: Local Assistance CHAPTER ADANotitlorindividualswithsensorydisabilities,thisdocumentisavailableinalternateformats Forinformation,catl (915)654-64'loofTDD(916) -3BBoorwrite Records and Forms Management, 1 1 20 N. Street, MS-89, Sacramento, CA 9581 4. 07-LA-o-VER ATPLNT-5139(01 3) 06/03/2015 1. SPEGIAL COVENANTS OR REMARKS A. This PROJECT will be administered in accordance wlth the applicable cTc sTlP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT. B. This PROJECT is programmed to receive state funds from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s). This PROGMM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the effective date of the component specific allocation will constitute the start of reimbursable expenditures. C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE- approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE. D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components' Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. E. This PROJECT is subject to the timely use of funds provisions enacted by the Active Transportation Program guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below. Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and righlof-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award. F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Program Supplement 004745-N43- SERIAL Page 2 of 3 O7-LA.O-VER ATPLNh5'139(013) 06/03/2015 SPECIAL COVENANTS OR REMARKS Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase. G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program (ATP) Guidelines. l. ADMINISTERING AGENCY agrees to comply with Ofiice of Management and Budget (OMB) Circular A-87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Notwithstanding the foregoing, ADMINISTERING AGENCY will not be required to comply with 49 CFR, Part'18.36 (i), subsections (3), (4), (5), (6), (8), (e), (12), and (13). J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program guidelines, as adopted or amended. Program Supplement 00-4745.N43- SERIAL Page 3 of 3 RECEIVED JUL 0 I 2015 CITY CLERK'S OFFICE DATE: TO: FROM: RE: REGEIVED JUN t8 20t5 CITY ADMINISIRATION PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES A-6 STAFF REPORT July 7,2015 Honorable Mayor and City Council Samuel Kevin Wilson,4irector of Public Works, Water and Development Services Z,t Originator: Scott B. RigglPublic Works and Water Superintendent gr- Bid Award for Contract No. CS-0484: For Equipping Well No. 21 and Related Site Work Recommendation It is recommended thatthe City Council: A. Find that the proposed project, For Equipping Well No. 2l and Related Site Work, attached hereto, 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 lead agency's determination; and B. Accept the bid from Environmental Construction, Inc., as the lowest responsive and responsible bidder and enter into the attached contract, in an amount not to exceed $ 1,348,85 I .00, For Equipping Well No. 2l andRelated Site Work, Contract No. CS-0484. Furthermore, authorize a contingency amountof $135,000.00 in the event an unexpected changed condition in the project occurs and grant authority to the City Administator to issue a change order for an amount up to the contingency amount. Background The Departnent of Public Works, Water and Development Services (Deparffnent) looked into cost effective measures to develop water sources to meet short and long term water demand requirements. With ever increasing environmental regulations and persistent drought conditions, there may be a time in the not too distant future where surface water supplies are no longer available to augment water demand conditions in the region and the Crty may have to rely solely on its groundwater supplies to meet its water demand needs. The Deparfinent determined through an extensive cost analysis, that it would be more cost effective to utilize the existing indusrial well at the former Smurfit Container Corporation site to consfruct a wat€r pump station, as opposed to drilling a new well. In this pursuig the Departnent 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 methodolory 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 test results of the Stage I Phase indicated that the well had llevated levels of Volatile Organic Compounds (VOCs) that exceeded the Maximum Containment lrvels (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 esablished MCLs. The results of the hydrogeological evaluation were submitted to flre California Departrnent of Public Health (CDPH) for review. The CDPH findings concluded that the installation of an inflatable packer, combined with water qualrty monitoring, are reasonable measures to ensure that the subject well is suitable for potable use; and that no water treatment plant will be required in order to place the subject well online. The Departrnent confacted with Cannon Engineering Corporation (Cannon) to develop technical specifications and to perform contract administration when the project scheduled to commence. Moreover, the CDPH, now the State Water Resources Contol Board (SWRCB), will require the Department, upon completion of the projec! to test the discharge water from the subject well to confirm previous water quality findings. ln addition, quarterly monitoring will be required in the upstream capture zone. If water quality conditions change in the future, the SWRCB may require the Department to install freatnent facilities. On April 7,2015, the City Council authorized the advertisement of the Notice Inviting Sealed Competitive Bids For Equipping Well No. 2l and Related Site Work. The Notice Inviting Bids was posted on the City's website and published in the Vernon Sun newspaper. In addition, the Notice Inviting Bids was advertised in the following construction related websites: Bid America, Planroom Bidboard, McGraw-Hill Construction Dodge, and Reid Construction. The specifications included the standard terms and conditions for the contract which have been approved by the City Council. On May 5,2015, a pre-bid meeting was held to review the project specifications in detail. The bids for Contract No. CS-0484 For Equipping Well No. 2l and Related Site Work were received and opened on May 28,2015. The calculated results were as follows: l. Environmental Construction, Inc. 2. Pyramid Building and Engineering, Inc. 3. Fleming Environmental, Inc. 4. Cora Constructors, Inc. 5. United Engineering, Inc. 6. Schuler Constructors, Inc. $1,348,851.00 $ 1,3 72,683.98 $1,373,616.00 $ 1,436,152.00 $ 1,449,900.00 $ 1,606,732.00 It is recommended that a contract be awarded to Environmental Construction, Inc., in a not to exceed amount of $1,348,851.00. Fiscal Impact The total project cost will be $1,348,851.00. Funds have been allocated in the 2015-2016 fiscal year budget under 020. I 084.900000. Attachments I . Construction Contract STANDARD FORM OF CONSTRUCTION CONTRACT BEMEEN CIW OF VERNON AND ENVIRONMENTAL CONSTRUCTION, INC, coilTRACT N0. CS-0484 This Agreement is made and entered into at Vemon, Califomia this 7th day of July, 2015, byand between the CITY 0F VERNON, a chartered municipal corporation (hereinafter "Ci$') and ENVIRONMENTAL CONSTRUCTION, lNC., a Califomia corporation (hereinafter "Contractof), for Equipping Well No. 21 and Related Site Wo*, CS-0484 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 documenb which are either attached hereto as exhibits or are incorporated into this Agreement by this eference, with the same force and effect as if set forth at length herein: A. Govemmental Approvals including, but not limited to, permib required forthe Work; B. This Agreement; inclusive of Exhibit A (General Conditions), Exhibit B (Special Provisions), Exhibit C (Bidde/s Proposal), Exhibit D (Living Wage Provisions), and Exhibit E (Equal Employment Oppoltunity Practices Provisions); C. Notice lnviting Bids; D. lnstructions to Bidders; E. Bid Forms; F. Designation of Subcontractors; and; G, Bidding Addenda. 2. SCOPE OF WORK Within the Contract Time and for the stated Contract Sum, subject to adjustmenb 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 Govemmental Approvals; temporary utilities; utility connections; and transportation necessary to complete the Work in strict conformity with the Contract Documents for: Equipping WellNo. 21and Related Site Work 3. TIME FOR PERFORMANCE Contract Tlme. Contractor shall achieve Substantial Completion of the Work within 270 calendar days from the Date of Commencement established in City's written Notice to Proceed ('Contract Time"), subject to adjustment in accordance with the Conhact Documents. Contractor shall achieve Final Completion of the Work, within the time established by the Certificate of Substantial Completion issued by the City. The Contract Time may only be adjusted as permitted by this Construction Contract and the General Conditions. Time is of the essence of this Agreement. Except when the Contract Documents state otherwise, time is of the essence in the performance of the Work. Contractor acknowledges that the time limits and deadlines set forth in the Contnact 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 damaoes the amount of FIVE HUNDRED DOLLARS ($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 lnitia! here: 5. CONTMCT SUM ln consideration of the Contracto/s full, complete, timely, and faithful performance of the Work required by the Contract Documents, City shall pay Contractor the sum of ONE MILLION THREE HUNDRED FORTY EIGHT THOUSAND EIGHT HUNDRED FIFTY ONE DOLLARS AND ZERO CENTS ($1,348,851.00), payable as set forth in the General Conditions ("Contract Sum'). lN WITNESS WHEREOF, the parties have caused this Contnact to be executed the date and year first above written, Executed at Vemon, Califomia, [Contracto/s Corporate Seal] OF VERNON: ENVIRONMENTAL CONSTRUCTION, INC: Authorized Signatory Printed Name: Title: Date: APPROVED AS TO FORM: By: CITY By: -Name: Title:Name: Title:_ Date: CONTRACTOR'S SIGNATURE MUST BE NOTARIZED 't.01 EXHIBIT A GENERAL CONDITIONS ARTICLE 1 . PRELIMINARY PROVISIONS DEFINITIONS The lollowing words shall have the following meanings: A. Alowance. A line item cost estimate established bythe City to be canied in the Base Bid sum, Contract Sum, and Schedule of Values for Payment for a particular item ol Work, wtrich 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 b€en fully designed or authorized for inclusion in the Work or to permit defered 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 limitation, 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 Documents. C. Base Bid. The totalsum stated inthe Bid Formforwhichthe BidderoffeB 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 ofier by the Bidder on City-prescribed forms to perform the Work for the prices stated in response to the Notice lnviting Bids. E. Bid Altemate. 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 Contracto/s 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 Qualifications; (6) Experience Form; (7) Trades Experience Form; (8) Contractor Safety Questionnaire; (9) Designation of Subcontnactors; ('10) Affidavit of Non- Collusion; (11) lnsurance Requiremenb Affidavit; and (12) forms included in the Specification required by the type of project funding (e.9. federal, ARM, HUD, etc.). G. Bidder. The individual, partnership, firm, corporation, joint venture or other legal entity submitting a bid on these Conhact Documents or any part thereof H. Bidding Documents. Bidding Documenb include the Bidding Rquiremenb and the poposed Contract Documents. The Bidding Requiremenb mnsist of: (1) Notice lnviting Bids; (2) lnsbuctions to Bidders; and (3) Bid Forms. The proposed Contract Documents consist of: ('l) the Bidding Requirements; (2) the Construction Conlract Between City and Contracto[ (3) the Conditions of the Contract (General, Supplementary, and Special, if applicable); (4) all Exhibib to the Contract; (5) the Drawings; (6) the Specifications; (7) all Addenda issued prior to the executron of the Construction ARTICLE,l GC-l J, L, Contract; (8) all Modifications issued afrer 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 reflecting 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 of the adjustment, if any, in the Contract Time. Change Order Request (COR). A Change Order Request is a written document originated by the Contractor, which descnbes 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 ib proprietary rather than regulatory capacity in mnnection with the Project. Construction Change Directive. A written order prepaEd 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. The Contract Documents are enumerated in the Construction Contract between City and Contractor and consist of: (1) the Bidding Requirements; (2) the Construction Contnact; (3) the Conditions of the Contract (General, Supplementary, and Special, if applicable); (4) all Exhibits to the Contract; (5) tre Drawings; (6) the Specifications; (7) all Addenda issued prior to the execution of the Contract; (8) all Modifications issued afrer the execution of the Contract; and (9) Govemmental Approvals, including, but not limited to, permits, The intent of the Contract Documenb is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent mnsistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results, Contract. The Contract Documents form the Contract for Construction. The Contract Represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, represenlations, 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 beneliciaries of the Contract Documents, Contract Sum. The total amount of compensation stated in the Construction Contract that is payable to Contractorfor the complete performance ofthe Work in accordance with the Contract Documents. Contract 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 Contractot's performance of the Work is measured in calendar days (not work days). Contrastor. The individual, partnership, lirm, corporation, joint venture or other legal entty with whom the Contract is made by City, or the agent or lEal representative who may be appointed to represent ARTICLE 1 GC.2 0 P o I K. T U such individual, partnership, lirm, corporation, joini venture or other legal entity in the execution of the Contract as general contractor for constuction of the Work. Conec{ion Period. Conection Period is synonymous with the terms of the cofection guarantee period used in the Contract Documents. Date of Commencement. The date for commencement of the Work fixed by City in a Notice to Proceed to Contractor. Day. The terms 'day' or "days" mean calendar days unless othenvise specilically designated in the Contract Documents. The term "Work Day'or "Working Day' shall mean any calendar day except Saturdays, Sundays and City-recognized legal holidays. Director. The Directorofthe Community Service and Water Department of the Cityof Vemon orhis/her duly appointed representative. Drawings. The Drawings are the gnphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, genenally including plans, elevations, sections, details, schedules, and diagrams. Extra Work. New or unforeseen work will be classilied as Extra Work when determined by the City that the work is not described in, or reasonably inlerable from, the Contract Documents, the work is not covered by any Bid line item or Allowance, and the work causes Contraclor to incur additional and unforeseen costs. Field Directive. See, "Work Directive.' Final Completion. Final Completion is the stage of performance of the Work when (1) all Wo* 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 Ior Final Payment and all closeout documentation required by the Contract Documents; and (3) documentation of all final Govemmental Approvals has been submitted to City including, but not limited to a final Certificate of Occupancy or equivalent Building Department sign-0fi 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, riot, or other acts ol 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, authorization, inspection, certification, consent, exemption, filing, permit, registration, plan check, ruling or similar authorization required by any federal, state or local law, regulation or pocedures in orderfor Contractor to perform the Work. Guarantee. Assurance to City by Contractor or product manufacturer or other specified party, as guarantor, that the specified wananty will be fulfiiled by the guanantor in the event of default by the wanantor. X. M, BB. ART CLE ,1 GC-3 DD.Modification. A Modification is: (1) a written amendment to Contract signed by both pa(ies; (2) a Change Order; or (3) a Construction Change Directive. Notice to Proceed. The Notice to Proceed is a document issued by the City fixing the date for Commencement for the Work. Parties. The Cig and Contractor may be refened to in the Contract Documents from time to time as the Parties. Permit Fees. The actual direct costs paid by Contractor for Govemmental Approvals and Utility Fees, Permit Fees Reimbursement. A payment made to the Contractor by the City in addition to the Contract Sum to mmpensate Contmctor for the actual direct cost of all Permit Fees, Proiect. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the City or by separate contractors. Project Manuaucontrac{ Package. The volumes of Contract Documents and reference documents assembled for the Work made available to Bidders. Record Documents. The Drawings, Specifications, addenda, requests for information, bulletins, Change Orders and other modilications to the Contract Documents, approved shop drawings, product data, samples, mock-ups, permits, inspection reports, test resulb, daily logs, schedules, subcontracts, and purchase orders. Remrds Documents shall include a set of "As-Built' 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, if any, the 'GREENBOOK' STANDARD SPECIFICATI0NS FOR PUBLIC WORKS C0NSTRUCTION (20'12 Edition), the Standard Plans for Public Works Construction (2009 Edition), State of Califomia, Depa(ment of Transportation Standard Plans and Standard Specilications (2010 Edition), and the City ofVemon Standard Plans. Specifications. The Specifications are that portion of the Contnact Documents consisting of the wntten requirements for materials, equipment, systems, standards, and workmanship for the Work and performance of related services, including, but not limited to, the Project Technical Specillcations, 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 for its intended use and as further defined in the Contract Documenb. Unilateral Change Order. See "Work Directive." Utility Fees. The fees charged by any public, private, cooperative, municipal and/or govemment line, facility or system used for the caniage, transmission and/or distribution of cable television, electric FF. GG HH. il. LL. Site. Work. NN. UU PP. oo ART CLE 1 GC4 JJ. KK. 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. Wanan$. Assurance to City by contractor, installer, supplier, manufacturer or other party responsible as wanantor, for the quantity, quality, performance and other representations of a product, system service of the Work. 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 the Contractor to fulfill the Contracto/s obligations. The Work may constitute the whole or a part of the Project. Wo* 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 adjustment, if any, in the Contract Sum, Contract Time, or both. 1.02 REPRESENTATIVES The Dircctor 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 ofthe Contract Documenb. The Contractor shall at all times be represented on the Work in person or by a duly designated agent. lnstructions and information given by the Director to the Contnacto/s agent on the Work shall be considered as having been given to the Contractor. I.(}3 PERMITS. INSPECTIONS. PI.AN CHECKS. AND SIMILAR GOVERNMENTAL APPROVALS AND UTILITIES Except as otheMise provided in the Notice lnviting Bids, the Contractor shall apply for, obtain, and pay for all permib including, but not limited to, building or structure permits, plumbing system permits, mechanical system permits, electrical system permib, structural system permits, demolition permits, excavation permits, street use permits, driveway permib, sidewalk, curb, sewer, gutler, crosswalk, paving or other street work grading permits, streeUutility use permib, oSHA permits, fire sprinkler permits, fence permits, blasting permits, landscaping/inigation permits, and permits to demolish, remove, or make major alterations to any designated historic resource; inspectionsi and plan checks obtained after the Date of Commencement of the Work. The Notice lnviting Bids contains a list of permits and other GovemmentalAppovals and Utility Fees shall be waived by the City prior to the Date ofCommencement; Contractor is responsible forobtaining all GovemmentalApprovals and Utility Fees not listed in the Notice lnviting Bids. All documents evidencing Contracto/s satisfaction wilh 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 requirements shall apply. Unless othert/vrse specilied in the Contract Documents, Contractor shall be responsible for payments of all Utility Fees from the Date of Commencement until City's Final Acceptance of the Work. ARTICLE,l GC-5 TT B B c D. 1,04 LICENSES A, r.05 The Contractor shall apply for, obtain, and pay for all licenses required by goveming authorities for the Work. ALLOWANCES A. Contractorshall 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 definition of Allowance. B. 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; tEnsportation; delivery; handling; installation; supervision; overhead; proft; licenses; bonds; insurance; allsales, use and other taxes legally chargeable; and all other costs and expnses incidental to such Work. C, 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 coveed by an Allowance before odering the material or equipment and in sufficient time to avoid delay to the Work. City shall provide approval of materials, equipment, and prices with reasonable promptness. The material, Euipment, and pricing information submitted by the Contractor to the City's Project Manager shall, at a minimum, include product data and detailed costs of material, equipment, and labor to complete such Wo*, itemized by costs incured by Contractor and each subcontractor associated with the performance of such Work. Contractor shall not order materials or equipment or proceed with Work mvered by an Allowance until the material, Euipment, and pricing information for such Work items have been submitted to the City's Pro.iect Representative for review and the Contractor has received City's approval to proceed with a Work item covered by an Allowance. D. All expenditures for Allowance Wo* shall be separately itemized in each Applicaton for Payment. E. 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 Oder 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 mst of the Allowance item. lf Work items covered by an Allowance are not performed or the City deletes such items from the Scope of Work, the Contract Sum shall be reduced by Change Order or Construction Change Directive to deduct the Cost ofthe unused Allowance item. WAIVER A waiver by City of 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 condition contained therein, whether ofthe same or a different character. DATA TO BE FURNISHEO BY THE CONTRACTOR 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 costs, such as the number of persons employed, their pay, the time during which they worked on the various classes of construction, and other pednent data. ARTICLE,l GC$ 1.06 1.08 1.09 CONTRACT DRAWNGS The City will accept no responsibility for erors resulting from misinterpretation or scaling ofthe Dnawings. SPECIFICATIONS AND DMWNGS 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 Dnwings will show dimensions, positions, and kind of mnstruction; 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 specified. C. The Drawings shall not be scaled to determine dimensions, and in all cases shall be calculated from ligures shown on the Drawings. Any discrepancies between scale and ligured dimensions, not marked 'not to scale," must be brought to the Dipctor's attention before proceeding with the Work affected by the discrepancy. D. Omissions from the Drawings and/or Specrfications shall not relieve the Contractor from the rcsponsibility of fumishing, making, or installing all ltems required by law or code, or usually fumished, made or installed in a project ofthe scope and general character indicated by the Driawings and Specifications. E. For convenience, 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 submntract anangements of the Work regardless of the location or provision in the Drawings and Specifications. F. The City will fumish fpe of charge to the frntractor, a maximum of six (6) sets of Contract Drawings and Specifications. The Contnactor shall pay for the msts of any additional sets or portions thereof, The Contractor shall be responsible to see that all sets are the same as the up{cdate appmved 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 the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials unless otherwrse 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: 1. Govemmental Approvals including, but not limited to, permits required forthe Work 2. Modifications issued after execution of the Contract (including modifications to Drawings and Specifications) 3, The Contract, including all exhibib, attachments, appendices and Addenda, with later Addenda having precedence over earlier Addenda ARTICLE 1 GC-7 't.'t0 Special Conditions, if any General Conditions Specifcations Drawings 8, Bidding Requirements With reference to the Drawings, the order of precedence is as follows: 1. Change Order Drawings 2. Addenda Drawings 3. Contract Drawings 4. Project Drawings 5. Standard Drawings 6. Detail Drawings 7, General Drawings Fig u res 9. Scaled dimensions C. Within the Specifications, the order of precedence is as follows: 1. Change orders 2. Special Conditions 3. ProjectTechnicalSpecifications 4. Standard Specilications, if any 5. ApplicableTnadeAssociationSpecifications NOTICE OF CONFLICTS lf the Contractor, in the course of the Work, becomes aware of any claimed conflicb, 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 promptly review the matter, and if the Dircctor finds a conflict, enororomission, the Director shalldetermine the conective actions and advise the Contractor accordingly. lf the corection associated with a conflict, enor or omission increases or decrcases 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 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. 4. 5. 6. 7. 1.11 ART CtE 1 GC-8 ,1,'12 REPORTS A. Daily Construction Reports: The Contractor shall prepare a daily construction report recording the following information conceming events at Project site: 1. List of Subcontractors at Project site.2. List of other contractors at Project site, 3. Approximate munt of personnel at Ploject site. 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. Unusualevenls.10. Stoppages, delays, shortages, and losses.11. Meter readings and similar recordings.12. Emergencyprocedures.'13. Orders and requesb of authorities having jurisdiction. 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 Project Site.21. List of personnel at Project Site including names and job classifications. 22. Description of Work forthe day including locations, quantities and related bid items. lmmediately upon discovery of a difference between field conditions and the Contract Documents, the Contractor shall prcpare and submit a detailed report through a Request for lnformation (RFl). lnclude a detailed description of the differing conditions, together with recommendatons 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. I.13 LINES. GRADES, AND MEASUREMENTS A. All lines and grades will be established by the Coniractor. The Contractors shall carefully preserve all survey stakes and reference poinb as far as possible. Should any stakes or poinb be removed or destroyed unnecessarily by any act of the Contractor or his/her employees, they must be reset to the satisfaction of the Director, at the Contracto/s expense. B. The Contractor shall inform the Director 48 hours (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 inmnvenience. 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 grades, by making otrer necessary measuremenb, or by inspection. ARTICLE 1 GC-9 1,14 RIGHT OFWAY 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 Cig. 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 stonage of equipment and materials. The 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 of way or property are required by the Contractor for his/her operations, he/she shall make anangements with the property owners for the use of such additional areas at his/her own expense. 1.15 CONTRACTOR'SOPEMTIONS/STOMGEYARD ln the event the Contnactor requires space for 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 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 Contnacto/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 regad to appeanance and maintenance upon conclusion of the project. Property should be graded and free of weeds and debris when project is completed. IEND OF ARTTCLEI ARTICLE 1 GC-10 2.04 ARTICLE 2.PERFORMANCE OF THE WORK PERFORMANCE OF WORK . GENERAL Contractor shall, at ib own cost and expense, fumish all necessary materials, labor, transportaton, and equipment lor doing and performing said Work and the materials used shall mmply with the requiremenb of the Contract Documenb. All Work shall be performed and completed as required in the Contract Documents, and subject to the approval 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 hiVher interest therein in whole or in part wrthout the prior wriften consent of the City which may be withheld at the City's sole discrction, 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 mannel that any material fumished shall be subject to the approval ofthe Director; and that both Work and materials will meet fully the requirements of the Contract Documenb. 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 fnal 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 workers to ensure that the milling, transporting, recycling, spreading, compaction, and linishing processes conform to these Specifications. The proficiency of testing laboratories and sampling and testing personnel shall be reviewed and approved by the Ci$ 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 WORK Within the time periods that the City specifies, the Contractor shall corect all deficient, improperly executed, or unsatisfactory Work determined by the City. The Contractor shall remove and shall repair or replace, at hisiher own expense any part of the Work that is defcient, imprDperly 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 Eplaced by the City at the expense of the Contractor, plus 15% for overhead expenses, and his/her sureties shall be liable therefor. (See Paragraph 2.15lorcuring defects after acceptance of the Work.) ARTICLE 2 2.05 CITY'S RIGHT TO CARRY OUT THE WORK A. Notwithstanding other remedies available to the City, if the Contnactor defaults, fails to perform Work required by the Contract Documents, or othenrise neglects to carry out the Work in accordance with the Contract Documents and fails within a 48 hour period after receipt of written notice frcm 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 ib 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 fnom payments then or thereafter due to the Contnactor the cost of completion, replacement or conection of such deficiencies, including compensation for additional services by the City's poject management staff, the Architect, and their rcspective consultanb made necessary by such default, failure to perform, or neglect, plus 15% for City's overhead expenses. lf paymenb 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 Cig also has the right, but notthe obligation, to seliperform 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 pensonally, (b) sent by certified mail, retum 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 conespondence with Contractor shall be sent to the following address: Attention: Phone: Facsimile: 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 dirccted by City's Director. Community Service and Water Department 4305 Santa Fe Avenue ARTICLE 2 GC-12 Vemon, CA 90058 D Attention: Phone: Scott B. Rigg 323-583-88'l'l x279 Facsimile: 323-826-1435 srigg@ci.vemon.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 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 matlers conceming the Work. Contractor shall copy City on all written conespondence 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 ofthe project to all affected residents and businesses, A poject general inlormation lefter 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) wo*ing days prior to the beginning ofconstruction 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 contracl preclude any resident, tenant, or property owner from utilizing the premises or conducting business thereon in a reasonable and customary manner. Additional notifcation 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. lf a Contractor is unable to adhere to his schedule as indicated on his wntten notifcation, then all the affected residents and places of business shall be re-notjfied of the 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 Bid Proposal. Notillcation of Utilities - The provisions of Section 5 entitled "Utilities" of the 'Greenbook" Standard Specifications shall apply. The Contractor shall contact the Underground Service Alert of Southem Califomia (U.S.A.) at least two working days in advance of the constructon work ARTICLE 2 GC-r3 B 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 Working Hours: ln case of an emergency which threatens loss or injury of propefl, 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. Oubide of working Hou6: Whenever, in the opinion of the City, thep shall arise outside of the regular Working houG on the Contract Work of an emergency nature which threatens loss or injury of property, or danger to public safety, the Contractor shall act, without previous instructions fiom the City as the srtuation may wanant. He/she shall notiry the Director of the emergency and the action taken immediately thereafter. Any compensalion claimed by the Contractor, together with substantiating documents in regard to expense, shall be submtted to the Director within 15 calendar days afler the emergency. Compensation, if allowed, will be paid for as Extra Work. ln the event the Contnactor 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 Contmctor, the cost of the conective measures will be billed to the Contractor and deducted from his/her payment as povided in the Contract Documenb. 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, SUBCONTRACTORS A, Each subcontract shall mntain a reference to the Contract between the City and the principal Contractor, and the terms of the Contract and all parb 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 requiremenb of the principal Contract insofar as the same may be applicable to the Subcontracto/s Work, the Director may diqualify the Subconfactor. B. Nothing mntained 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 Subcontractors and of persons employed by them as the Contractor is for the acts and omissions of persons directly employed by him/her, D. The Contractor shall be responsible for the coordination of the trades, SubcontractoB, and material suppliers engaged upon the Work. lt shall be the Contracto/s duty to see that all of his/her Submntractors commence their Work at the proper time and cany 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. ARTICLE 2 GC-14 2.07 E. The City will not undertake to seftle differences between the Contractor and his/her Subcontractom or between subcontractors. F. The Contractor shall utilize the services of specialty Subconhactors, without additional expense to the City, on those parts of the Work which are specified to be performed by specialty contractors. 2,10 USE OF FACILITIES PRIOR TO COMPLETION OF CONTMCT A. Whenever in the opinion of the Director any Work under the Contract, or any portion(s) thereof, is in a condition suitable for use by the City, the Cig may, after wntten notice and designation from the Director to the Contnctor, use (which includes, but is not limited to, taking over or placing into service) any portion(s) designated by the Director. B. The use of any portion(s) by he Cig shall not be construed as, and will not constitute acceptance in any sense, of any portion(s) of the Work of the Contractor nor will such use trigger he running of any wananty and/or guarantee periods. C. All necessary repairs, renewals, changes, or modifcations in he Work or any portion thereof so used, not due to ordinary 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 of the Contractor. D. The use of any portion(s) by he City shall not relieve the Contractor of any of his/her respnsibilities or liabilities under the Contract nor constitute a waiver by the City of any of the conditions thereot Said use shall not cancel liquidated damages as of the first date of use, or any continuance hereol nor impair, reduce, or change the amount of liquidated damages, 2,11 COOPERATION WITH OTHERWORK 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 other contractors. B. other contractors, other utilities and public agencies or their contractors, oher City mntractors, and City personnel may be working in the vicinity during the project mnstruction period. There may be some interference between these activities and the Work under the Conbact Documenb. The Contractor shall coopenate and coordinate his/her Work with that of other Work forces to assure timely Contract completion. 2,12 AGREEMENTSWTHPROPERTYOWNERS Agreements with property owneB for stonng excavated material, storing any other materials, or for any other purpose related to the Work shall be made in writrng and a copy submitted 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 property, pavement or impovement, shall be safely guarded from damage or loss in connection with this Contract by the Contractor at alltimes. Should any facility, strucfure, or property 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. ARTICTE 2 GC-15 2.14 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES A Risk of Loss Except as otherwise povided in the Contract Documents and except as to the mst of repair or restoration of damage to the Work caused by force majeure, the Contractor shall bear all losses resulting to him/her on account of the amount or character of the Wo*, or from any unforeseen obstructions or difficuhies 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 the Work is done is difierent 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 hereinafter provided and in the event of his/her failure to cany out said responsibilites, the same may be carded out by the Cfty 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 hisiher own expense replace damaged or lost materials and repair damaged parts of the Work. 2. The Contractor shall protect City facilities ftom damage resulting fiom 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 Contractois expense. 3. The Contractor shall remove frcm the vicinity of the completed Work all buildings, rubbish, unused material, concrete forms, and other materials belonging or used under his/her direction during constructjon. lf Contractor fails to completely remove such items within a reasonable time the City may do so at the Contracto/s expense. C. Laws and Regulations 1. The Contractor shall obey all laws, ordinances, and rqulations in any manner affecting those engaged or employed on the Work, or the materials used in the Work, or in any way afiecting the conduct of the Work, and of all court 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 Specifrcations 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 Completron of this Contract. 3. Nothing in the Confact Documenb shall be mnsfued to permit Work not mnforming to such laws, ordinances, and regulations. lf the Contractor ascertains at any time that any requirement of this Contract is at variance witfr such applicable law requirement, he/she shall immediately notify the Director. 4. lf such applicable law requirement was not in efiect on the date of submission of bids, any necessary adjustrnent of the Contract price shall be made as povided in Adcle 6 herein. lf such ARTICLE 2 GC.16 applicable law requirementwas in efiect 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 Euipment, materials, or property used or required in mnnection with the Work. 2.'15 WARRANTY AND CORRECTIONS Wananty 1.Wanantv. The Contractor wananb to the City that (i) materials 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) tre Work will conform to the requirements of the Contract Documenb; and (iv) Contractor will deliver the Poject fue of stop notice claims. Work not conforming to these requirements, including substitutions not accepted by the City, will be deemed defective. The Contracto/s wananty excludes improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. lf required by the City, the Contractor shall fumish satisfactory evidence as to the kind and quality of materials and Euipment. This wananty is not limited by the conection obligation of Paragraph 2,04 herein. Overlap. Where any waranties provided under the Contract Documents overiap, conflict, or are duplicative, Contractor will be bound by the more stringent requirements. Procurement and Assiqnment of Wafianties: Contractor shall obtain in the name of City, or tnansfer or assign to City or City's designee prior 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 Documenb and which Contractor obtained fmm any other person or entity otherthan Contractor including, but not limited to, Subcontractors and manufacturers, and furtheragrees to perform the Work in such a manner so as to preserve any and all such wananties. Contractor shall secure written wananties ftom all Subcontractors. Contractor and its Subcontractors shall offer any wananty upgrades or extensions that are offered by manufacturers of any equipment or system installed in the Work to the Cig. Contractor shall deliver to City all warranty and guaftmtee documents and policies. Suruival of Wananties: The provisions of this paragaph 2.15 will survive Contractois completion of the Work or termination of Contracto/s performance of the Work. Correction of Wo* 2 ., 4 1.Before or After Final Completion The Contractor shall promptly conect Work rejected by the City or City's designee, as failing to conform to the requirements of the Contract Documents, 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 Contracto/s expense within the Contract Price. Afrer Final Completion. (a) ln addition to the Contraclo/s wanang obligations under Paragraph 2.15-A, if, 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 ARTICLE 2 GC-17 2. 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 conection or replacement of non-conforming Work within forty-eight (48) hours after leceipt of wriften notice, the City will proceed to have defects repaired or replaced at lhe expense ofthe Contractor and its Performance Bond surety, plus fifteen percent (15%) for the City's overhead and administratlve expense. The Ci$ 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 attention to prevent further loss to the City or to prevent intenuption of operations of the City, the City may take immediate action, give notice, make such conection, or provide such attention and the cost of such conection or aftention will be charged against the Contractor. Such action by the Cig will not relieve the Contractor of the wananties provided in this Article or elsewhere in the Contract Documents. 3. Replacement or Removal of Defective or Unauthoized Work. The Contractor shall remove from the Site and replace those portions of the Work which are not in accordance with the requirements of the Contract Documenb in a manner acceptable lo 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 destoys 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 repairing 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 on+year period for conection of Work as described in Paragraph 2.15-B relates only to the specilic obligatton of the Contractor to corect the Work, and has no relationship to the limitations periods established by statute for any construction defect or other causes of action. 2j6 CLEANING AND ENVIRONMENTAL CONTROLS The Contractor, Subcontraclors and employees shall mmply 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. l\ilaintain the Site free of waste materials, debris, and rubbish and in a clean and orderly mnditioni and Remove waste matenals, debns and rubbish from site and dispse off-site legally. B. The Contractor shall maintain at his/her disposal any and all Euipment necessary to prevent and remediate any sanitary seweroverflow arising outofthe Work. The Contractor shallfumish 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 Contractor's ARTICLE 2 GC-18 operations. For purposes of this Paragraph, the affected areas include the project Site as well as all haul routes to and from the pmject Site and all areas of construction and restonation which have not been completed. C. The Contractor shall take appropriate action to ensure that no dust originates frcm the project Site. D. Any equipment or vehicles driven and/or operated within or adjacent to a street gutter, storm dnain, 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, tnash, sawdust, rubbish, cement or concrete or washings thereol 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 wherc same may be washed by nainfall or runoff into watens 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 Vemon Municipal Code Chapter 2'1, Article 5 regarding Storm Water contrcls. 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 fabb2-1 Minimum Water Quality Protection Requirements for Construction Projecb Category lVinimum Requirements B [IPs 1. Sediment Control Sedimenb generated on the project site shall be retained using adequate Treatmenl 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 watem, or adjacent poperties by wind or runoff, Non-slorm water runoff from equipment and vehicle washing and any other activity shall be contained at the proiect sites. Site Management; Material and 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 dunng rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. Erosion Control Please refer to the Califomia Stormwater ouality Association's Construction Handbook (available on their website: www.cabmohandbooks.com) for further information regarding the BMPs listed in Table 2-1. C. Water Quality Protec{ion Requirements for Construction Projects with One (1) Acre (or greater) of Disturbed Soil. ln addition to the minimum BMPs required in Paragraph A, allconstruction projecb 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 ol a larger common plan ofdevelopment, 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 Registnalion Documents (PRDs) must be submitted electronically in the Storm Water Mult-Application Report Tracking System (SMARTS) http:/smarts.wate6 . 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 Person (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 submifted and are deemed mmplete, 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 Project caused by a delay in obtaining ib 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 mntractor; 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; ARTICLE 2 GC.20 E 7. A site plan (construction plans may be used) indicating the selection of BMPs and their locationwherc appropriate; 8. Non-storm water discharges, their locations, and the BMPS necessary to prevent the discharge; 9. A maintenance and self-inspection schedule ol the BMPs to determine the effectiveness and necessary repairs of the BMPs; and 10. A certification statement that all requircd and selected BMPs will be effectively implemented. Within seven (7) days afler the City awads the Contract, the Contractor shall submit seven (7) copies of he proposed SWPPP to the City, The City shall review the SWPPP within 14 days of receipt of the plan. lf revisions are required, he Contractor shall revise and rEsubmit the document within seven (7) days of ib receipt of the City's mmmenb. The City shall then have seven (7) days to consider the revisions made by the C,ontractor 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. Environmenial Protection Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the City. 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 wih construction activities. The plan will describe and ensure the implementation of 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. The Contractor shall select appropriate BMPs from the Califomia Stormwater BMP Handbook, Municipal, lndustrial, New Development, and Construction Volumes (!4,1/W.ca!rnpIeld!9q[S,cg!d in conjunction with all activities and construction operations. Copies of the Califomia Stormwater BMP Handbooks may be obtained from: CalifomiaStormwaterQualityAssociation Cashier P.0. Box 2313 Livermore, CA 94551 www.cabmohandbooks.com Los Angeles County DPW 900 South 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 to potect soil-disturbed areas of the project site before he onset of precipitation and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully deploy these control measures. ARTICLE 2 GC-21 F Throughout the winter season, active soil-disturbed areas of the project 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 mntrol measures prior to the onset of the precipitation. The City may order the suspension of construction operations which are creating water pollution if the Contractorfails to conform to the requirements ofthis Paragraph 2,17. Unless otheruise directed by the City, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of the Work. Sewage Spill Prevention. The Contractods 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 properly disposing of raw sewage. ln addition, the Contractor is responsible lor 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 Contractor's expense. The Contractor shall take all measures necessary to prevent further damage or service intenuption and to contain and clean up the sewage spills. Sewage Spill Telephone Notifi cation Should a sewage spill occur, the Conlnctor shall immediately report the incident to either one of these two City Departments: Sewer Maintenance Services Fire Department Dispatch Center Public Works, Water and Development Services 323-583-88'l 1 extension 351 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 City representatives are not available, then the Contractor shall immediately call: Scott B. Rigg (323) 583-881 1 extension 279 H. Sewage Spill Written Notification 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 ARTICLE 2 GC-22 4. The cause 5. The type of remedial and/or cleanup measures taken and date and time implemented 6. The conective 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 Ci$, its officers, agents and employees harmless from Contractor'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 Contracto/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 llnes, 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 cosb and liabilities imposed by law against the City or Contractor have been satisfied. J. Maintenance The Contractor 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 corrective 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 deficiency 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 deficiencies 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 fom disposal through recycling, Report disposal in ine( fill separately. This form must be accompanied by legible mpies ol weight tickeb, 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 application for progress payment incomplete and delay pogress payments. ARTICLE 2 GC.23 Project Title: SUMMARY OF SOLID WASTE DISPOSAL AND DIVERSION Specification No. Type of Material (a) Disposed in Class lll Landfills (b) Diverted ftom Class lll Landfills by Recycling (c) lLeave This Column Blankl (d) Disposed in lnert Fills Tons/CY Tons/CY Tons/CY Tons/CY Asphalt Concrete Metal Oher SEregated Materials (Describe): Miscellaneous Consfuclion Waste Tota Form to be submitted to the Ci$ SIGNATURE: TITLE: DATE: 2,19 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 suitability/appropriateness of a proposed product. IEND OF ARTTCLEI ARTICLE 2 GC-24 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 notilication to commence Wo*. The date on wtrich 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 Notice to Proceed shall be issued after the Contract is properly executed, bonds are fumished and approved, and insurance has been submitted and approved. B. Prosecution of the Work Work shall be mntinued at all times with such force and Euipment 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 Wo* to be performed and that he/she will complete the Work within the specified time. 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 one hundred and eighty (,l80) calendar days following the Date of Commencement established in the Notice to Proceed ("Contnact Time"). By executing the Contract, Contractor confirms that the Contract Time is a reasonable period for performing the Wo*. CITYS DISCRETION TO EXTEND CONTRACT TIME ln the event the Work required hereunder is not satisfactorily completed in all parts and in compliance with the Contract Documenb, City shall have the right, in its sole discretion, 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 conected 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. City lnspection Upon receipt of the Contracto/s punch list, the Director will make an inspection to determine whether the Work or designated portion thereof is Substantially Complete. lf the inspectron discloses any item, whether or not included on the Contracto/s punch list, which is not sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work or ARTICLE 3 GC-25 3.02 designated portion thereof for its intended use, the Contractor shall, before City's issuance of the Certificate of Substantial Completion, complete or conect such item upon notilication 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 Contractorfor security, maintenance, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall flnish all items on the Contracto/s punch list accompanying the Certificate. Wananties 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 documenb and policies. DELAYS AND EXTENSIONS 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 ofbet the delay. B. lf any delay to the Work is caused by circumstances within the Contractofs control, it is notexcusable and not compensable, and the Contractor will not be entitled to any extension ol time orto 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 contol 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 ofthe Work, and force maleure. 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 facilig 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 specifed in this paragraph. E. The Contractor shall notify the Director in writing of any delay having a direct effect 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 afrer the ending of such delay. The Contractor shall provide a wriften report evaluating the impact of the delay which shall include, at a minimum, all of the following: 1. a nanative description of the delay and ib impact on the critical path to Substantial Completion of the Work or a portion of the Work designated by Crty; 2. a detailed breakdown of the Allowable Costs, if any, sought by Contractor due to the delay; ARTICLE 3 3.05 3. the number ofdays of extension sought by Contractor as an adjustrnent to he Contract time; 4. a statement that Contractor has mmplied with the requirements of the General Conditions for written 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 Contactor's recommendations for reordenng or re-sequencing the Work to avoid or minimize further delay. No exlension 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 facb and ascertain the extent of the delay, and his/her findings thereon shall be final and mndusive, H. Failure of the Contractor to give written notrce 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 Contnctor experiences two concunent delays, one compensable and the other excusable, no compensation other than an extension of time will be allowed, J. An e(ension of time must be approved by the Director to be effective, but an exlension of time whether with or without consent of the sureties, shall not release the sureties from their obligations, which shall pmain in full force until the discharge of the Contract. CLIMATIC CONDITIONS A. The Director may suspend the Work whenever weather conditions or conditions resulting from inclement weather are unfavorable for the prosecution of the Work. The delay caused by such suspension may entitle the Contractor to an extension ol 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 gnanted for suspension of Work unless the suspension affects the timely completion of all Work under the Contract or the timely completion ol a portion of the Work for which atimeof completion isspecified, Determination thatthe suspension for inclement weather conditions or conditions resulting from inclement weather affects timely completion and entitles the Conhactor 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 Contractor's Workforce is dismissed as a result thereof, then he/she will ARTICLE 3 3.06 be entitled 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 final inspection of the Work. ll 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 the Contractor. Upon the issuance of the 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 remrd the Notice of Completion with the County Recorder, LIQUIDATED DAMAGES A. Contractor and Cig agree to liquidate damages in the amount of fve hundred dollars ($500) per day, with respect to Contractods failure to achieve Substantial Completion of the Work within the Contract Time. The Pa(ies intend for the liquidated damages set forth herein to apply to this Contract as set forth in Govemment Code Section 53069.85. The Contractor acknowledges and agrees that the liquidated damages are intended to compensate City solely for the Contractor's failure to meet the deadline for Substantial Completion and shall not excuse ContEctor from liability from any other breach, including any failure ofthe Work to conform to the requirements ofthe 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 ascertain 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 puBuanttothis Agreement are not a penalty and that such amountare not manifestly unreasonable under the circumstances existing as ofthe effective date of this Agreement. D. lt is further mutually agreed that City shallhave the rightto deduct liquidated damages against progress payments or retainage and that the City will issue a Constructron Change Directive and reduce the Contract Sum accordingly. ln the event the remaining unpaid Contract Sum is insuffcient to cover the full amount of liquidated damages. Contractor shall pay the difference to City. [END OF ARTICLEI ARTICLE 3 GC-28 ARTICLE 4. CONSTRUCTION SCHEDULES BASELINE PROJECT SCHEDULE The Contnactor shall submit his/her work Baseline Project Schedule, in electronic as well as hard+opy format, to the Director at the pre-construction meeting showing in detail how the Contractor plans to execute and coordinate the Work. The mnstruction 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 before the Contractor will be permitted to begin work. ln addition, the Contractor shall submit a detailed schedule forecasting two (2) weeks of work describing each day's wo*. This schedule shall be updated and submitted to the City every other Monday during the constructron period. The Contractor shall give 48 houB notice to the City Engineer prior to the start ofthe work. 1.At a minimum, the Baseline Project Schedule activities shall be coded 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 Project Schedule shall be based on and incorporate contract milestone and completion dates specified in the Contract Documents. lt shall depict events, jobs, and their intenelationships and shallrecognize the pogress that must be made on one task before subsEuent tasks can begin, The schedule shall be compehensive and shall include all logical interdependencies and interactrons requircd to perform the Work ofthe Project. Overalltime of mmpletion and time of mmpletion for each milestone shown on the Schedule shall adhere to the specified Contract Time, unless an eariier (advanced) tme of completion is requested by Contractor, agreed to by the City and formalized by Change Order. Contractor shall use the latest version of Microsoft Project or equivalent sofrware agreed to by the parties. The City will review the submitted Baseline Project Schedule for conformance with these scheduling requirements. Within fourteen (14) calendar days after receipt, the City will accept the poposed Baseline Project Schedule or will retum it with comments. lf the poposed Baseline Project Schedule is accepted by the City, it shall be deemed pa( of the Contract Documents, lf the Baseline Project Schedule is not accepted by City, Contractor shall revise the Baseline Poject Schedule, in accordance with the recommendatons 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, failue to include an element of work, or inaccuracy in Baseline Project Schedule shall not relieve Contractor fom the resrcnsibility for accomplishing the Wo* in accordance with the Contract Documenb. Float 1. Critical Work activities are delined 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 are defined as non+ntical Work activities and are considered to have float, Float is defined as the time that a non-cntical 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 available to either party or both parties as needed. Once identified, Contractor shall monitor, account for, and maintain float in accordance with Critical Path Methodology, ARTICLE 4 GC-29 4 B. Delays of any non-critical Work shall not be the basis for an extension of Contract Time until the delays consume all float assocrated with that non-critical Work activity and cause the Work activity to bemme critical. It is acknowledged that City-caused time savings (i.e., cntical path submittal reviews retumed in less time than allowed by the Contract Documents, approval of substitution requesb which result in a savings of time for Contractor, etc.) create shared float. Accordingly, City+aused delays may be offset by City-caused time savings. C. Early Completion While the Contractor may schedule completion of the Project earlier than the date established by the Contract Documents, no additional compensation shall become due the Contractor for the use of float time between the Contractois projected early completion date and the date for Substantial Completion established by the Contract Documents, unless an eariier (advanced) time of completion is requested by Contractor, agreed to by the City, and formalized by Change Order. SCHEDULE UPDATES 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 mmpleted, status of Work in progress, all progress slippages, @rective 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 part, until the updated Poject 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 evenl shall any Pmject Schedule update constitute an adjustrnent in the Contract Time, any deadline, or the Conbact Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change 0rder 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 historicaldata is to be preserved within each ofthe updated Project Schedules and submitted with the final schedule update to reflect the actual sta( and finish dates for each actvity 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 Pmject Schedule. ln cases where unplanned activity work stoppages exceed seven (7) calendar days activities shall be added to the Poject Schedule to clearly indicate the work stoppage period and identi{y forecasted resumption and mmpletion 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 Should the City determine, in its sole judgment, that the performance of the Work has not progressed to the level of completion required by the Contract Documenb, City shall have the right to order the ARTICLE 4 GC-30 B. c Contractor to take conective measures to expedite the progress of mnstruction, at no additional mst to the City, including, without limrtation, the following: '1, Working additional shifb of overtime. 2. Supplying additional manpower, equipment, and/or facilities, 3. Reschedule activities to maximize practical concu[ence of accomplishment of activities. 4. Submitting a Recovery Schedule discussed above, for psequencing performance of the Work or other similar measures. 5. Any other actions that may be necessary to mitigate delays. B. Such Extraordinary Measures shallcontinue until the pogress 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 Pangraph. The City may exercise the rights fumished the City pursuant to this Paragraph as frequently as the City deems necessary to ensure that the Contractot's performance of the Work will comply with the Contract Time or interim completion dates set forth in the Contract Documenb. lf Contractor or ib Subcontractors fail to implement or commence Extraordinary Measures within ten (10) calendar days of City's written demand, City may, without prejudice to ofrer remedies, take conective action at the expense of the Contractor lvhich shall reduce the Contract Sum accordingly. CONDITION OF PAYMENT Compliance by Contractor with the requirements of the Contract Documents pertaining to preparation, submission, revising and updating ofhe Schedule is a condition precedent to City's obligation to make payment to Contractor of any or all sums that might othem/se be due to Contractor in the absence ofsuch nonmmpliance. Payment by City undercircumstances in which City, for any reason, fails or elects not to assert ib right to withhold payment for noncompliance with this Paragraph shall not be mnsfued as a waiver of the right to withhold future payments on account ofsuch noncompliance or any other noncompliance. [END OF ARTICLE] ARTICLE 4 GC-31 5.0'l ARTICLE 5. SUSPENSION OR TERMINATION OF CONTRACT TERMINATION BY THE CONTRACTOR A. Conhactor shall have the righi to terminate its performance of the Confact only upon the occufience ofone of the following: 1. The Work is stopped for a period of ninety (90) consecutive days though no act or fault of the Contractor, any Subcontractor, Sutssubcontractor, their agents or employees, or any other persons or entities performing portions of the Work under direct or indirect mnfact with the Contractor, due to: a. the issuance of an order of a court orother 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 occurence ofsuch ground fortermination, then the Contractor may, upon thirty (30) additional calendar days written notice to City, unless the reason has theretofore been cured, terminate ib performance of the Work. 2. The Work is stopped for a period of 120 consecutive days trough no act or fault of Contractor, any Subcontractor, Sutssubconfactor, theiragents or employees, or any other persons orenfties performing portions of the Work under direct or indirect contEct with the Contractor, because the City has pemistently failed to perform any material obligation under the Contract Documents and fails to cure such defautt within ninety (90) days afler the receipt of notice from Contractor stating the nature ofsuch default. B. lf Contractor terminates ib performance of the Contract in accordance with this Paragraph 5.01, he City shall pay Contractor for the Work executed thmugh 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 Contractor'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 Documents; or 2, Contractor refuses orfails to supply enough properly skilled workers or poper materials; or 3. Contractor fails to perform the Work in acmrdance wih the Contract Documenb, including conforming to applicable standards set forth therein in constructing he Project, or refuses to remove and replace rejected materials or unacceptable Work; or 4. Contractor dismntinues he posecution of 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 5.02 5. Contractor fails to resume performance of Wo* which has been suspended or stopped, within a reasonable time after Eceipt of notice from City to do so or (if applicable) afrer cessation of the event peventing 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 made; or 7. Conbactor fails to make payment to Subcontractors or Material Suppliers for materials or labor in accordance with the respective Contract Documenb and applicable law; or 8. Contactor disregards laws, ordinances, or rules, regulations, or orders ofa 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 beneft of creditors and fails to provide City wth adequate assuEnces ol Conhacto/s ability to satisfy its contractual obligations. A receiver, trustee, or otherjudicial offcer shall not have any right, title, or interest in or to the Contract. Upon that person's appointment, City has, at 'rb option and sole discretion, the right to immediately cancel the funtract and declare it null and void. B. City's Rights. When any of the reasons specified in Paragraph 5.02-4 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 Mitten notice, terminate Contactor'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 the Contractoc 2. Withhold from Contractor amounb unpaid hereunderand to offset such amounts againstdamages or losses incuned by City; 3. Accept assignment of submntracb from 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 City shall fumish to the Confactor a detailed accounting of the costs incuned by the City in linishing the Work. C. Cosb 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. WrongfulTermination lf it has been adjudicated or ohenrvise determined that City has wongfully terminated the Contractor for cause, then said termination shall be deemed converted to a termination for mnvenience as set ARTICLE 5 forth in Paragraph 5.04 and Contractor's remedy for wrongful termination in such event shall be limited to the Ecovery of the payments permitted for termination for convenience as set forth 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 Contnacto/s performance under the Contract and without any penalty being incured by the City, B. Any such partial deletion or suspension of the Work shall in no way void or invalidate the Contract nor shall it provide Contractor with any basis for seeking paymentfrom City for Work deleted or suspended except to the extent such Work has already been performed and is otheMise compensable under the Contract. C. The City shall have the right to later have any such suspended ordeleted Work performed by Contractor or others without any penatty to the City. D. ln the event of any partral orcomplete deletion or suspension of Work, the City shall fumish Contractor with prompt wriften notice thereof, and the City shall be entitled to take possession of and have as its property all Record Documenb, Accounting Records, and otler data prepared by Contractor or its Su bcontracto$. 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 interupt the Work in whole or in part for such period of time as the City may determine. Such ordershall be specifically identified 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 ils terms and take all reasonable steps to minimize costs allocable to the Work mvered by the Work Suspension Directive during the period of Work stoppage. 3. Within 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 mvered by such Work Suspension Directive by issuing a Change Orderor Construction Change Directive. 4. lf a Work Suspension Diective is cancelled or expires, Contractor shall continue the Work. A Change order or Construction Change Diective will be issued to cover any adjustrnents of the Contract Sum and Contract Time necessarily caused by such suspension. No adjustrnent shall be made to the exlent: (a) That performance is, was, or would have been so suspended, delayed, or intenupted 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 oder to suspend the Work, in lvhole or in part, without liability to City for Contracto/s failure to: ARTICLE 5 GC-34 '1. Conect conditions unsafe for the Project personnel or general public, or 2. Carry out the ContErct;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 for the Work and shall prevent damage orinjury to the Project, pmvide fordnainage, and shallerect necessary temporary structures, signs or other facilities required to maintain he Project and continue to perform acmrding 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 delault by Conbactor hereunder, City may terminate Contractor's performance of the Contract, in whole or in part, at any time, for mnvenience upon fifreen (15) calendar days written notice to Contractor. B. Gontractor Actions 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 submntracts 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 agrce on the amount of a termination settlement, the City shall pay the Contractor the following amounts: a. For Wo* performed before the efiective date of termination, the total (without duplication of any items) of: i. The cost ofthe Work; and ii. A sum, as overhead and pofit on the cost of the Work, determined by the City to be fair and reasonable. ln no event shall Contractor be entitled to rc@ver overhead or pofit on Work not performed. b. The reasonable costs of setdement ofthe Work terminated, including: i. Acmunting, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and suppoffng data, if any; and ii, Storage, transportation, and other costs reasonably necessary for the preservation, potection, or disposition of inventory. 2. Such payment shall be Contr*to/s exclusive remedy for termination for mnvenience and will be due and payable on the same conditions as set forth for final payment to the extent applicable. ARTICLE 5 GC-35 Upon receipt of such payment, the Contractor and City shall have no further obligatons to each other except for Contractor's obligations with respect to wananties, representations, indemnity, maintenance of insurance, and other obligations that survive brmination or Final Completion as provided for herein. 3, lt is understood and agreed that no fee, anticipated pmfit, compensation for lost oppodunity cosb, orothercompensation or payment of any kind orcharactershall 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. Contmctor agrees that each of its subcontracts will reserve for the Contractor the same right of termination for convenience provided by this Paragraph 5.04. D. No Consequential Damages Under no circumstances shall Confactor be entitled to anticipatory or uneamed profib orconsequential or other damages as a rcsult of a termination or partial termination under this Article 5. The payment to Contractor determined in accordance with this Adcle constitutes Contracto/s exclusive remedy for a termination hereunder. 5.05 CONTRACTOR'S DUTIES UPON TERMINATION FORCAUSE OR CONVENIENCE lf the City terminates Contacto/s performance of Work under the Contsact, 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 he notice; (2) take actions necessary or that the City may direct, for the pnctection 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 Documenb, Accounting Recods and other data prepared pursuant to the Contract by Contractor and/or ib Subcontractors, as applicable, to the City with ffteen (15) calendar days after the City's notice of terminatron in an oEanized, usable form, in both hard copy and electonic/digital form, with all items properiy 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 orexpenses and enter into no further subcontracts and purchase orders, No compensation shall be due Contractor, if any, until Contractor complies wth the requirements of this Paragraph, IEND OF ARTTCLEI ARTICLE 5 lrU-JO ARTICLE 6 - CHANGES CITYS RIGHT TO ORDER CHANGES The City, without invalidating the Contract, may authorize changes in the Wo* 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 of the Contract Documents. APPLICABLE PROVISIONS Changes in the Wo* shall be performed under applicable provisions of the Contnact Documents. The Contractor shall proceed promptly and diligently with the change, unless othemise provided in the Change Order or Constructron 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 eithera Change Order or Construction Change Directive. Achange 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 ofalterations or additions to the Work, or claim that the Contract has been abandoned orthe 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 Contractois 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 resultng in Extra Work, for which Contractor believes it is entitled to an adjustment ofthe Contract Sum or Contract Time. Such notice shall be povided prior to prformance of the Work affected by such occunence and within seven (7) calendar days after the discovery date of the circumstances of such scope change or other matteB. The wntten notice shall state the date, circumstances, extent of adjustment to the Contact Sum or the Contract Time, if any, requested. The mere presentation of such notice shall not establish the existence of any right by Contractor to adjustrnent of the Contract Sum or Contract Time. Failure to provide such timely written 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 adjustments 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 adjustments to Contract Time and Contract Sum, and compensation for any and all delay, extended or additional tield and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment ARTICLE 6 GC37 6.01 6.03 productjvity, differing Site conditions, construction interferences and other exlraordinary 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, or alter the requirement that (i) Change Orde/s must be in writing, signed by the City and Contractor and; (ii) that such wntten Change orders are the exclusive method for effectuating any change to the Contract Sum and/or Contract Time. CONSTRUCTION CHANGE DIRECTIVE FIELD OIRECTIVE) 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. ll the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustmenl shall be calculated in accordance with Paragraph 6.06 herein (Pricing Changes in the Wo*). 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 of 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 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 the City the right to carry out the Work, as set forth in Paragraph 2.05. E. A Construction Change Directive signed by the Contractor indicates the Contractor'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 ecorded 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 Cig 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 6.05 6.06 PRICING CHANGES IN THE WORK Altemative Methods of Pricing The amount of any adjustment 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: 1.Lump Sum. By mutual acceptance of a lump sum proposal from Contractor properly itemized and supported by sufficient 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 Conkact Documents, Unit Prices. By unit prices contained in Contracto/s original Bid and incorporated in the Contract Documents or fixed by subsequent agreement between City and Contractor. Unless otherwise stated in the Bidding Documents, unit prices stated in the Contract Documents or agreed upon bythe County and Contractorshall be deemed to include and encompass allAllowable Markups, Time and Materials. By calculating the actual Allowable Costs directly incuned, plus a sum for Allowable Mark-Ups on such Allowable Costs. Deletion of Work. By Unit Prices contained in Contractois original Bid and incorporated in the Contract Documents, or by using the Schedule of Values to determine the value of the decrease of the Contract Sum, less the value of any Work performed, plus a reasonable percentage of the decrease for the Contracto/s saved overhead unless the Schedule of Values allocates general conditions cosb to individual line items, in which case no percentage of the decease shall be added. When a change consists of both addition and deletion of Work, the added costs and deleted costs shall be calculated separalely, and then added together, resulting in the net cost for the change, The Allowable Mark-Up shall be applied to this net cost, Contractor Maintenance of Daily Records for Changes 1. ln the event that Contractor is directed to perform any Extra Work, or should Contractor encounter conditions which the Contractor believes would obligate the City to adjust the Contract Sum and/or the Contract Time, Contractor shall maintain detailed recods 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 Work is performed, Contractor shall submit an Extra 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 classilications, hours worked and hourly rates. b. Materials. EouiDment. 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, identification number, ARTICLE 6 GCJg 4. B. hours ofoperation (including loading and transportation) and hourly/daily rates involved for that day. c. other Services or ExDenditures. A list of other services and expenditures mnstituting 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 eventthat 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 Subcontractor of any tier shall provide 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 hereundershall be signed by Contractor; such signature shall be deemed Contractor's representation and wananty that all information contained therein is true, accurate, complete, and relates only to the change referenced therein. All records maintained by SubcontractoB of any tier, relating to the costs of a change in the Work shall be signed by such Subcontractor's authorized project manager or superintendent. All such remrds shall be foMarded to the Director on the day the Wo* is performed (same day) for independent verification. The Director shall attempt 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 particular item of Extna 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 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 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 Palagraph 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 Cosb" shall mean in the case of E(ra Work actualcosts incuned by Contractor and/or any Subcontractor, regardless of tier, and necessarily involved in direct performance of the E(ra 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 Iimited to the following costs: ARTICLE 6 GC40 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 ofthe 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 operato$ 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. Payrolltaxes, 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 dhect performance of the Extra Work or that would have been incuned 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 Wo* 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, manufactureB and distributors in the general vicinig of the site. lf City determines, in ib discretion, that the cost of materials is excessive, or if Contractor fails to fumish satisfactory 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 price at which similar materials are available in the quantities required at the time they were needed. The Cig reserves the right to fumish such materials as it deems advisable, and Contnactor 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 of hand tools, used directly in the performance of the Efta 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 Contractor shall aftach a copy of the rate schedule to the daily reports required by Paragraph 6.06-B, 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. Notwihstanding 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 rentallirm. lf equipment is used intermiftently and, when not in use, could be retumed 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 Site at no expense to City. ARTICTE 6 GC41 4 Costs incuned 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. Royalties. Additional or saved costs of royalties due to the performance of the Extra Work or deleted wo*. 7. lnsurance, Bonds. Additional or saved costs of insurance and bonds, provided, however, that for Extra Work such msts 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 Contracto/s and all Subcontracto/s non- craft labor (above a Foreman level); 2. Overhead (including home office overhead), administrative or general expenses of any kind including engineering, estimating, scheduling, drafting, detailing, etc., incuned in connection with Effa Work; 3. Vehicles not dedicated solely for the performance of the extra of deleted work; 4. Small tools (replacement value not exceeding $500); 5. ffice expenses, including secretarial and administrative staff, materials and supplies; 6. on-site and off-site trailer and storage rental and expenses; 7. Site fencing; 8. Utilities, including gas, electnc, sewer, water, telephone, telefax, copier equipment; 9. Computer and data processing personnel, equipment and software; 10. Federal, state of local business inmme and franchise taxes; 11. Losses of efficiency or productivity; and 12. Costs and expenses of any kind or item not sp€cifically and expressly included in Paragnaph 6.06_C. E. Allowable Mark.Up 1. Extra Work by contractor (i/arkup): The following percentages shall be added to the Contractor's costs and shall mnstitute the markup for all overhead and pofits: ARTICLE 6 GC-42 Materials Equipment Rental Other ltems and Expenditures 2. Extra Work bv Subcontnactor (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 Subcontnactor's actual msts. A ma*up of 5% on the subcontracted portion of each extra work may be added for the Contractor. F. Net Allowable Costs It anyone scope change involves both Extra Work and deleted work in the same portion of the Work and the additive allowable costs exceed the deductive allowable cosls, the Allowable Markups on the Extra Work will be only the difference between the two amounts. City may issue a Construction Change Directive or other written request to Contractor describing a proposed change to the Work and requesting the Contractor submit an itemized change order poposal 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 mtnimize cosls, 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 compensation 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 authorized according to the Change Order or Construction Change Directive procedures set forth herein, CONTRACTOR ORIGINATED CHANGE ORDER REQUEST (COR) lf the Contractor believes that instructions issued by the City after the effective date ofthe Contract will result in changes to the Contract Sum or Contract Time or if the Contractor othenarise becomes aware of the need for or desirability of a change in the Work, Contractor may submit a wriften Change Order Request ("COR') to the City in writing, in a format 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 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 justify the cosb 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 notfor instances that occuned more than ten (10) calendar days priorto the notice date. Contracto/s failure to initiate a COR within this ten-day period or to provide detailed back-up documentation to substantiate the COR within thirty (30) calendar days of the initial wriften 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. ISSUANCE OF WORK DIRECTIVE ruNILATERAL). ARTICLE 6 GC43 1SYo 1SYo 15o/o 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 Contractor's cost of such disputed Work. IEND OF ARTTCLEI ARTICLE 6 GC44 7.01 ARTICLE 7. CONTRACT PAYMENTS AND CLAIMS GENERAL A. Payment will be made at the price for each item listed on he bidding form or as Effa Work as provided in the General Conditions. B. lnitial pogress payment will not be made prior to appoval by the Director of the Schedule of Values, the Conshuction 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 Construction Progess Schedule. SCHEDULE OF VALUES FOR PAYMENTS A. Submission Upon Ci$'s request, the three (3) lowest bidders shall complete 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 ofthe Work. c. Content The Schedule of Values shall be in sufficient detail as the Director may, in its discretion, deem necessary to evaluate progress al any point in the performance of the Work. Unless otheMise specilled in the Contract Documents, the Schedule of Values shall include, without limitation, a breakdown ofthe general categones 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 Subcontractor contract, subcontract, purchase order or vendor prices. lf Equested by Director, Contractor shall revise the Schedule of Values to allocate sums for Contractor overhead, profit and/or contingency 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 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. Applications for Pavment The Schedule of Values, when approved by the Director, shall be used as a basis for Contracto/s Applications for Payment and may be considered as fixing a basis for adjustments to the Contract Sum. ARTICLE 7 GC45 7.02 B D. Revisions lf, at any time, it is determined that the Schedule of Values does not allocate the Contract Sum in a manner that reasonably and fairly reflects the actual msts anticipated to be progressively incured by Contractor, it shall be revised and resubmifted for the Diecto/s approval. 7.03 APPLICATIONS FOR PAYMENT A. Marked Schedule of Values Five (5) Days prior to the date set forth in Paragraph 7.03-8 below for the monthly progress payment meeting, Contractor shall submit to Director a copy of the poposed 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 pursuant 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 tp marked Schedule of 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 ib Application lor 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 Director's good laith estimate shall operate to release Contractor or Surety fmm any responsibility or liability arising from or related to performance of the Work. The Director shall have the right subsequently to corect any error and dispute any item submrtted in Contracto/s Application 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 pequry 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 Contractois knowledge, information and belief, the Work is in accordance with 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 performed by Subcontractors and that have been paid by City have been paid to the Submntractors performing such Work, without any retention, withholding or backcharge by Contractor, ARTICLE 7 GC46 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 under the control ol City, Such payments shall only be considered upon submission by Contractor of satisfactory evidencethat it has acquired title to same, thatthe 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, materials or equipment stored off-Site shall, in addition to the above requirements and unless otherwise specilically 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 matenal and equipment that may be stored on the Site at any given time. 7,04 PROGRESS PAYMENTS A. Conditions to Progress Payments Contractor shall submrt its Application tor Payment to the Director, using such forms as required by City, once a month on or before the first (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 Contract 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 ofValues that reflects the percentages of completion either agreed to or detemined by Director in accordance with Paragraph 7.03-B, above; 2. submission of the Contracto/s certification requircd by Paragraph 7.03-C, above; 3. submission of conditional releases of stop notice, if any, and bond rights upon progress payment, complying with Califomia Civil Code Section 8132, for all Work performed during the time pedod 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 righb upon pogress payment, complying with Califomia Civil Code Section 8134 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 reporb 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 pertaining to preparation or updating of schedule information; 7. submission of certified payroll records as required by the Contract Documents; ARTICLE 7 GC47 B. 8. submission of certilications by Contractor and each Subcontractor as required by applicable collective bargaining agreements certifying 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 ofthe Contract Documents, constitute conditions to Contracto/s right to receive payment for Work performed. Payments by City Pursuant to Califomia Public Contract Code Section 20104,50, Ci$ shall make progress payment of undisputed sums due within thirty (30) Days after receipt by Director of an undisputed and propedy 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 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. Rejection 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 of the reasons why the payment request was rejected. Failure by City or Director to either timely reject an Application for Payment or specify any grounds lor rejection shall not constitute a waiver of any righb by City. Applications for Payment that are rejected 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 685.010. The number of Days available to City to make payment pucuant 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 otheMise due to Contractor as progress paymenb 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 7.05 B. 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 rcquired 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 8'136 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 Califomia Civil Code Section 8136 executed by Contraclor, 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 wananties from vendors and Subcontractos, operation and maintenance manuals, instructions and related agreements, and equipment certilications and similar documents; 10. certifications 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 rights and claims relating to patents and trademarks, as required by the Contract Documenb; and 12. any other documents or information required by the Contract Documenb as a condition of Final Payment or Final Completion, B. Final Payment Pursuant to the Public Contract Code Section 7107, within sixg (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 GC49 C. Disputed Amounts Purcuant to Califomia Public Contract Code 7107, City 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 threatened as a result of Contractor's failing to fully perform all of those obligations that are required to be fulfilled by Contractor as a condition to Final Completion and Final Payment. 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. D. Acceptance of Final Payment Acceptance of Final Payment by Contractor shall constitute a waiver of all rights by Contractor against City for recovery of any loss, excepting only those Claims that have been submitted by Contractor in the manner required by the Contract Documents pnor 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 offunds 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, anyobligation from City to such Subcontractor or any third party rights against City or Director. B. Withholding/Dug 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 conectly or incorectly asserted, shall not constitute a breach by City of the Construction Contract and shall not be grounds for an adjustment ofthe 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 Wananty Submission of an Application 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 Contractor, whichever occurs first; and ARTICLE 7 GC-50 7.07 2. Work covered by previous Applications for Payment are free and clear of liens, stop notices, claims, security interests or encumbrances imposed by the Contractor or any other person. E. Corrections No inaccuracy orenor in any Application for Payment provided by Contractor shalloperate to release Contractor from the enor, or from losses arising from the Work, or from any obligation imposed by the Contract Documents. City retains the right to subsequently conect any enor made in any previously approved Application for Payment, or progress payment issued, by adjustrnents to subsEuent payments. PAYMENTS BYCONTRACTOR Contractor shall not include in its Applications for Payment sums on account of any Subcontracto/s portion ofthe Work that it does not intend to pay to such Subcontractor. Upon receipt of payment from 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 ofthe Work, the amount to which said Subcontractor is entitled 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 Contract Documents, to promptly satisfy from its own funds sums due to all Subcontractors who have performed Wo* 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 suppliens 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 WTHHELD A. Withholding by Ci$ 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 Contractol as City, in its sole discretion, may deem necessary to cover actual or threatened loss due to any of the following: 1. Third Party Claims. Third-party claims or stop notices filed or reasonable evidence indicating probable filing of such claims or stop notrces. City shall pDmptly inform Contractor of any third party claims related to this Contract. 2. Defective Work. Defective Work not remedied; 3. Nonpayment. Failure of Contractor to make proper payments to its Subcontractors for services, labor, materials or equipment; 4. lnability to Complete. Reasonable doubt that the Work can be completed for the then unpaid balance of the Contract Sum or within the Contlact Time; 5. Violation of Applicable Laws. Failure of Contractor or ib Subcontractors to comply with applicable laws or lawful orders of govemmental authorities; ARTICLE 7 GC,5'1 7.08 6. Penalty. Any claim or penalty asserted against City by virtue of Contracto/s failure to comply with applicable laws or lawful ordes 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 wihholding offset or set off or that would legally entitle City to a set-ofi or recoupment; 9. Consultant Services. Additional professional, consultant or inspection services required due to Contractods failure to comply with the Contract Documents. 10. Liquidated Damages. Liquidated damages assessed against Contractor 11, Materials. Matenals ordered by City puBuant to the Contract Documenb. 12, Damages. Loss caused by Contractor or Subcontractor to City, Separate Contractors or any other person or entity under contract to City. 13. Clean Up. Clean up performed by Cig and chargeable to Contractor pursuant to the Contract Documenb. 14. Employee Benefits. Failure of Contractor to pay contributions due and owing to employee benelits funds pumuant 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 Documenb, including, without limitation, Construction Schedule updates, 'look ahead' schedules, Submittals, Schedules of Values, information on Subcontractors, Change Orders, certilications and other required reports or documentation, 16. Other Breach. A breach of any obligation or provision of the Contract Documents. Release of Withholding lf and when City determines, in its sole discretion, hat the above grounds for withholding have been removed and that all losses incurcd or threatened have been paid, credited or othena/se satisfied, then payment shall be made for amounb withheld because ofthem. Application of Withholding City may apply sums withheld puBuant to Paragraph 7.08-A above, in payment of any loss or threatened loss as City determines, in its sole discretion, to be appopriate. Such payments may be madewithouta prior judicial determination of City's actual rights with respect to such loss. Contractor agrees and hereby designates City as ib agent for such purposes, and agrees that such paymenb shall be considered as payments made under Construction Contract by City to Contractor. City shall not be liable to Contractor for such paymenb made in good faith. City shall submit to Contractor an accounting ofsuch funds disbursed on behalf of Contnctor. 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 D. Continuous Performance Provided City pays the undisputed portion, if any, of funds withheld in good faith, Contractor shall maintain continuous and unintenupted performance of the Work during the pendency of any disputes or disagreements with City. 7.09 SUBSTITUTION OF SECURITIES A, Public Contract Code Pucuant to the requirements of Califomia Public Contract Code Section 22300, upon Conbacto/s request, City will make payment to Contractor of any funds withheld from payments to ensure performance under the Contract Documents if Contractor depsits with City, or in escrow with a Califomia or federally chartered bank in Califomia acceptable to City ("Escrow Agent'), securities eligible for the investment of Sbte Funds under Govemment Code Section 16430, or bank or savings and loan certilicates ofdeposit, interest-bearing demand deposit accounts, standby letters ofcredit, or any other security mutually agreed to by the Contractor and the Crty, upon the following conditions: 1 , Contractor shall be the beneficial owner or any securities substituted for monies withheld for the purpose of receiving any interest thereon. 2. AII expenses relating to the substitution of securiiies 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 responsibilig of Contnctor. 3. Secunties or cedficates of deposit substituted for 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 Documenb. 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, 'Escow Agreement for Deposit of Securities in Lieu of Retention,' 5. Contactor shall obtain the written consent of Surety to such agreement. 6. Securities, ifany, shall be retumed to Contractor only upon satisfactory Final Completion ofthe 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 security to coverthe entire amount to be withheld. Should the cunent market value of such substituted security fall below the amount for which it was substrtuted, or any other amounb which the City withholds pursuant to the Contract Documenb, 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 curent 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 securities market wanant, but in no case less frequently than once per month. ARTICLE 7 GC-53 Deposit of REtentions Altemalively, 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 prerequisite such payment, enter into an escrow agreement in the 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 eamed 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 Wo*, Contractor shall receive fom 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. Time for Election of Substitution of Securities Notwithstanding the provision of 7.04 A, B, and C above and Califomia Public Contnct Code Section 22300, the failure of Contractor to requestthe Substitution of eligible securities for monies to be withheld by City within ten (10) days of the award of Contract to Contractor shall be deemed to be a waiver of all such rights. 7.10 cLAtMs A. Arising of Claim. Scope Change. When Contractor 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 "claim'will be deemed to arise once the Director has issued a decision denying, in whole or in part, the Contractor's Change Order Request. 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 if, it identifies the event or condition giving rise to the Claim, states its probable effect, if 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.'l'l-B, below. For purposes ofthis Paragraph 7.11, 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 written notice is received by City. Content of Claim A Claim by Contractor must include all of the following: A statement that it is a Claim and a request for a decision on the Claim; A detailed description of the act, eror, omission, unforeseen mndition, event or other circumstance giving rise to the Claim. ARTICLE 7 GC-54 1. 1. 2. 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 Adcle 6 of these General Conditions and timely notice of delay and request for extension of time in accordance with Article 3, lfthe 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 actual job cost records demonstrating that the costs have been incuned; lf the Claim involves a request for adjustment of the Contract Time, written documentation demonstrating that Contractor has complied with the requirements of the Contract Documents and wriften substantiation (including, without limitation, a Time lmpact Analysis) demonstrating that Contractor is entitled to an extension of time under the Contract Documents; and A written ce(ification signed by a managing officer of Contractods organization, who has the authority to sign contracts and purchase ordeB on behalf of Contractor and who has personally investigated and confirmed the truth and accumcy of the mattes set forth in such certitication, in the 'following form: "l hereby certify under penalty of perjury that I am a managing officer of (Contracto/s name) and that I have reviewed the Claim presented herewith on Contractor's behalf and/or on behalf of (Subcontracto/s name) and that, to the best of my knowledge after conducting a diligent inquiry into the facb of the Claim, the following statements are true and conect: The facts 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 lhe Claim, reviewed the job cost records (including those maintained by Contractor and by any Subcontractor, ol any lier, that is asserting 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, disruption, 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 portion of the Claim) and confirmed on an event-by-event basis that the delays or disruption suffered 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 I have not received payment from City for, nor has Contractor previously released City from, any portion of the Claim." Signature: Name: Title: Company 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 retumed 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, Contnactor 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 Filino. 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 Contracto/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 fifteen (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 (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 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 Dipctor's decision under this Article, it shall commence the Dispute Resolution Process as set forth in Article 15 of these General Conditions by liling a Statement of Dispute within seven (7) days after receipt of the Directo/s response, Gontinuing 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 poceed diligently with performance of the Contract and the City shall continue to make payments for undisputed Work in accordance witfr the Contract Documents. ln the event of disputed Work, City shall have the right to unilaterally issue a Work Directive and Contractor shall contjnue performance pending resolution ofthe dispute and shall maintain the accounting and cost data to substantiate the cost of such disputed work. [END OF ARTICLE] ARTICLE 7 GC-57 ARTICLE 8. MATERIALS AND EQUIPMENT GENERAL A, The Contractor shall fumish all materials and equipment needed to complete the Woft and installations required under the terms of this Contract, except those materials and Euipment specffied to be fumished by the City. B. The Contractor shall submit satisfactory evidence that the materials and equipment to be fumished and used in the work are in compliance with the Specifications. Materials and equipment incorporated in the Work and not specifically covered in the Specifications shall be the best of their kind. Unless otherwise specified, all materials and equipment incorponted in the Work under the Contnct shall be new. QUALITY AND WORKMANSHIP All material and equipment fumished by the Contractor shall be new, high grade, and free fom defects and imperfections, unless otheMise hereinafter specified, Workmanship shall be in accordance with the best standard practices. All materials and equipment must be ofthe specilied quality and equal to approved samples, if samples have been required. All Work shall be done and completed in a thorough, workmanlike manner, notwithstanding any omission ftom the Specifcations or Drawings, and it shall be the duty of the Contractor to call attenlion to apparent enors or omissions and request instructrons before proceeding with the Work. The Director may, by appropnate instructions, conect enors and supply omissions, which instructions shall be binding upon the Contractor as though contained in the original Specffications or Drawings. All Work performed under the Specifications will be inspected by the Director as povided in Paragraph 8.04. All materials and equipment fumished and allWork done must be satisfactory to the Director. Work, material, orequipment not in accordance 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 Contractor's expense, be immediately removed from the vicinity of the Work. TRADE NAMES AND "OR APPROVED EQUAL" PROVISION Whenever in the Specifications or Drawings the name or brand of a manufactured article is used rt is intended to indicate a measurc 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 murse of mmpletion, the Contractor may substitute any other brand or manufacture of equal appeaEnce, quality, and utility on approval ofthe Director, povided the use of such brand or manufacture involves no additional cost to the City. APPROVAL OF MATERIALS A. The Contractor shallfumish 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 Director's disposal all available facilities 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 othendse specified. 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, ib place of origin, lhe names of the producer and ARTICLE 8 GC.58 8.06 the Contractor, the Specifications number and title, and a reference to lhe applicable Drawings and Specif cations pangraphs. C. Materials or equipment ofwhich samples are required shall not be used on the Work until approval has been given by the Director in writing. Approval of any sample shall be only for the characteristics ofthe uses named in such approval and no other. No approval of a sample shall be taken in itself to change or modify any Contmct 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 fu(her sample of the same brand or make of that material. ORDERING MATERIALS AND EQUIPMENT One copy of each of the Contreto/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 inspectron 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 from poinb outside the Los Angeles area will be inspected upon anival at thejob, except when other inspection requiements are povided for specific materials in other sectrons of the Contract Documents. AUTHORIW OF THE DIRECTOR A. 0n all questions mnceming the acceptability of materials or machinery, the classification of materials, the execution of the Work, and mnflicting interests 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 mncepts, but he/she is not responsible for the superintendence of construction processes, site mnditions, operations, equipment, 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 Contractor shall fumish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining them, as requested by the Director. The Director, or his/her authorized agent or agents, at all times shall have access to all parts of the shop and the works where 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 through oversight, may be rejected at any stage of the Work. Whenever the C,ontractor is permitted or directed to do night work or to vary the period during which work is carded on each day, he/she shall give the Director due notice, so that inspection may be provided. Such wo* shall be done under regulations to be fumished in writing by the Director. INFRINGEMENT OF PATENTS The Contractor 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, article, or appliance employed in the execution of the Work or included in the matenals or supplies agreed to be fumished under this Contract, and should the Contractor, his/her agents, ARTICLE 8 GC.59 servants, or employees, or any of them, be enjoined from fumishing or using any invention, pocess, equipment, article, matenals, supplies or appliance supplied or required to be supplied or used under this Contract, the Contractor shall pnomptly substitute other inventions, prccesses, equipment, articles, materials, supplies, or appliances in lieu thereol of Eual effciency, 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 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, 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 neglectorrefuse 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 charge the cost thereof against any money due the Contmctor frcm the City, or remver the amount thereof from him/her and his/her surety, notwithstanding final payment under this Contract may have been made. IEND 0F ARTCLEI ARTICLE 8 GC-60 ARTICLE 9 - SUBMITTALS 9.0,I GENERAL B The Contractor shallsubmit samples, drawings, and data for he Directo/s approval which demonstrate fully that the construction, and the materials and Euipment to be fumished will comply with the provisions and intent of the Drawings and Specifications. Specific items to be covered by the submittals shall include, as a minimum, the following: 1. For structures, submit all shop, setting, equipment, miscellaneous iron and reinforcement drawings and schedules necessary. 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 requirements, wiring diagrams, contol and protection schematics, shop test data, operation and maintenance pocedures, outline drawings, and manufacture/s recommendation of the interface/interlock 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 installation drawings, test data and curves, maintenance manuals, and other details necessary. Samples Colors Substitutions Manuals 9. As-built drawings 10. Safety plans requiEd by Article 10 PRODUCT HANDLING A. Submittals shall be accompanied by a letter of transmiftal and shall be in strict accordance with the provisions of this Article. B. Submit priority of processing when appropriate, SCHEDULE OF SUBMTNALS 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 Panagraph 9.'12, ARTICLE 9 6 6. 7. a 9.06 SHOP DRAWINGS A, All shop drawings shall be poduced to a scale sufficiently large to show all pertinent features 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 lvhite background. Reproductions of City/Contract Drawings are not acceptable. C, The ovenll 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 mmer of each drawing and shall be clear of all line Wo*, dimensions, details, and notes. Sheet Sizes Heiqht X Width 11" X81t2', 11'*X17', 24',X 36', 30^ x42' COLORS Unless the ptecise color and 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 pattem is available in a specified product. Label each chart naming the source, the proposed location of use on the project, and the project. MANUFACTURERS' LITERATURE Where contenb of submitted litenature from manufacfurers includes data not pertinent to the submittal, clearly show which portions of the mntents are being submitled for review, SUBSTITUTIONS A. The Contract is based on the materials, equipment, and methods described in the Contract Documents, Any Contractor proposed substitrJtions are subject to he Directo/s appoval. The Director will consider poposals for substitution of materials, equipment, and mehods only when such proposals are accompanied by full and mmplete technical data, and all other informatton, including life cple maintenance data, required by the Director to evaluate the proposed substifution. B. Any requesb for substitutions by the Contmctor must be made within forty-five (45) calendardays from the lssuance Date on the Notice to Pmceed. Othenrt/se, such requests will not be mnsidered. C. Trade names and "or appoved equal" provision as set forth in Panagraph 8.03. MANUALS A. When manuals are rcquired to be submitted mvering 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 contain at least the following: '1. ldentification on, or readable thmugh, the front mver stating general nature of the manual. ARTICLE 9 GC62 2. Neatly typewritten index near the front of the manual, fumishing immediate informaton as to location in the manual of all emergency data regarding the installation. 3. Complete instructions regarding operation and maintenance ofall equipment involved. 4. Complete nomenclature of all replaceable parts, their part numbers, cufient cost, and name and address of nearest vendor of parts. 5. Copy of all guarantees and wananties issued. 6. Copy ofdawings with all data conceming changes made during mnsbuction. B. Where contents of manuals include manufacturers' catalog pages, clearly indicate the precise items included in this installation and delete, or otherwise clearly indicate, all manufacturers' data with which this installation is not concemed. 9,09 AS-BUILT DRAWNGS A. When required to be submitted mvering items included in this Wo*, the Contractor shall deliver to the Cig one complete set offinalAs-Built hard copy drawings togeher with a set ofAutoCAD drawing files in electronic format showing completed building, "as-buitf for City records before the Contract will be accepted by the City. B. The drawings shall be duplicabs and at the same size and dimensional scale as the originals. They shall be on a plyestertranslucent base malerial with a minimum sheet thickness of .003 inch (.08mm). C. The lEibility and contrast of each drawing submitted to the City shall be such that every line, number, letter, and character is clearly readable in a full size blow back from a 35 mm micofilm negative of the drawing. 9.10 SUBMITTALSQUANTITIES A. Submit seven (7) copies of all data and dawings unless specifed otherwise. B. Submit all samples, unless specified otherwise, in the quantity to be retumed, plus two, which will be retained by the Director. 9,1I IDENTIFICATION OF SUBMITTALS Completely identiff each submittal and resubmittal 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 project as it appears in the Contract Documenb and Specification No. C. Drawing number and Specifcations secton number other than this section to wtrich the submiftal applies. D. Whetherthis is an original submittal or re-submittal. E. For samples, indicate the source of the sample. ARTICLE 9 (lUl]J 9,12 SCHEDULE OF SUBMITTALS A. Submit initial schedule of submittals within five (5) Working Days afrer the lssuance Date on Notice to Proceed. B. Submit revised schedule of submithls wihin five (5) Working Days after date of request from the Director. C. The Director will review schedule of submittals and will notify Conhactor that schedule is acceptable or not acceptable within five (5) Working Days after receipt, 9.I3 COORDINATION OF SUBMITTALS A. Prior to submittal for the Directo/s review, use all means necessary to fully mordinate all material, including the following procedures: 1. Determine and veri! allfield dimensions and conditions, materials, catalog numbers, and similar data. 2. Coordinate as equired with alltrades 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 b€en secured. 4. Clearly indicate alldeviations from the Specificatrons. B. Unless otheruise specifically permitted by the Director, make all submittals in goups containing all associated items; the Director may rcject partial submittals as not complying with the povisions of the Specilications. 9.14 TIMING FOR SUBMITTALS A. Make allsubmittals farenough in advance ofscheduled dates of installation to provide all required time for reviews, for securing necessary approvals, for possible revision and resubmittal, and for placing orders and securing delivery, B. ln scheduling, allow at least'15 Wo*ing Days for the Directo/s review, plus the transittime to and from the City office. C. Manuals shall be submitted prior to performing functional tests. 9.15 APPROVALBYCITY A, Up to three (3) copies of each submittal, except manuals, schedule of costs for progress payments, and as-built dnawings will be retumed to the Contractor marked "No Exceptions Taken,"'Make Conections Noted - Do Not Resubmit," or "Make Corcctions Noted - Resubmit." Manuals, schedule of cosb, and as-built drawings will be retumed for resubmittal if incomplete or unacceptable. B. Submittals marked "Approved as Noted" need not be resubmifted, butthe notes shall be followed. C. lf submittal is refumed for conection, it will be marked to indicate what is unsatisfac{0ry. ARTICLE 9 GC$4 D. Resubmit revised drawings or data as indicated, in five (5) mpies. E. Approval of each submittal by tre Directorwill be geneal only and shall not be construed as: 1. Permitting any departures from the Specifications requirements, 2. Relieving the Contractor of the respnsibility for any erors and omissions in details, dimensions, or of other nature that may exist. 3. Appoving departures from additional details or instructions previously fumished by the Director. 9.16 CHANGES TO APPROVED SUBMITTALS A. A r+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 Euipment, installation pocedures and test data. All resubmittals shall include an explanation of the necessity for the change. B. Minor mnections to an approved submittal may be accomplished by submitting a 'Conected Copy", [END OF ARTICLE] ARTICLE 9 GC65 ARTICLE 10 - SAFETY 10.01 PROTECTION OF PERSONSAND PROPERTY A. Contracto/s Responsibility: Notwithstanding any other provision of the Crntract Documents, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and poperty, during performance ofthe 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. 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 Contnctor shall take such steps and precautions as his/her operations wanant to protect the public from danger, loss of life, loss of property or intemrption of public services. Unforeseen condtions 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 Director, a condition exists which the Contractor has not taken sufficient pecaution of public safety, protection of utilities and/or protection of adjacent structures or poperty, the Director will order the C,ontractor to povide a remedy for the condition. lf the Contraclor lails to act on the situation within a reasonable time period as determined by the Director, or in the event of an emergency sifuation, 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 linal 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 fmm the Director of the Contracto/s detailed plan for worker protection from the hazards of caving gound dunng the excavation ol such trench, Such plan shall show the details of the design of shoring, bracing, sloping or other povisions 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 Construction 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 be prepared and signed by an engineer who is registered as a Civil or Structural Director in the State ot Califomia. B. Confined Spaces Contractor shall comply with all of the povisions ol General lndustry Safety Orders of the Califomia Code of Regulations. Entry ol a confined space shall not be allowed until the Contractor has received approvalfrom the Directorofthe Contractor's program forconfined space entry. Confined space means a space that (1) ls large enough and so confgured 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 pib are spaces that may have limited means of entry); and (3) ARTICLE 1O GC$6 ls not designed for continuous employee occupancy. Failure to submit a confined space entry program may resutt in actions as provided in Article 5: 'Suspension or Termination of Contract." C. Matedal Safety Data Sheet Contractor shall comply with all of the pmvisions of General lndustry Safety Orders of the Califomia Administnative Code. The Contractor shall submit to the Director a Material Safeg 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 materials 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 submifted with the sample(s). Hazardous substance is defined as any substance included in the list (Directois List) 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 Contracf'. 10.03 DIFFERING SITE CONDITIONS A. Difierino Site Conditions Defined. The Contnctor shall pmmptly, and before such conditions are disturbed, notify the Director in writing of any Differing Site Conditions. Difiering Site Conditions ale those conditions, located at the pmject site or in existing improvemenb and not otheMise ascertainable by Contractor through the exercise of due diligence in the performance of its inspection obligations in the Contract Documenb, encountered by ContEctor in digging trenches or other excavations(s) that extend deeper than four feet below the surface of the ground that mnstitute: 1. Materialthatthe Contractor believes may be materialthat is hazardous waste as defined in Section 25'117 of the Health and Safety Code, which is required to be removed to a Class l, Class ll, or Class lll dispsal site in accordance with povisions of existing law. 2. Subsurface or latent physical conditions at the site difiering materially fom those indicated in these Conhact 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 of the character provided for in these Contract Documenb. B. Notice bv Contractor. lf the Contractor encounters mnditions it believes constitute Differing Site Conditions, then notice of such conditions shall, before such mnditions are disturbed, be promptly reported to the Director followed within twenty{our (24) hours by a further written notice stating a detailed description of the conditions encountered. C. The Director will pnomptly investigate the conditions and lf he/she finds that such conditions do materially diffel 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 pa( 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 afterthe Discovery Date relatve to such conditions, submit a Change order Request setting lorth a detailed cost breakdown and Time lmpact Analysis, in the form required by Adcle 6 of these General Conditions, of the addfional Allowable Costs and Excusable Delay resulting from such Differing Site Conditions. ARTICLE 1O GCST E. Failure to Comply. Failurc by Contractor to strictly comply with the requirements of this Paragraph 10.03 conceming the timing and content of any notice of Differing Site Conditions or request for adjustnent in Contract Sum or Contract Time based on Differing Site Conditions shall be deemed waiver of any right by the Contractor for an adjustment in the Contract Sum or Contract Time by reason of such conditrons. F. Final Comoletion. No claim by the Contractor for additional compensation for Difiering Site Conditions shall be allowed if asserted after Final Payment. G. ln the event of disagreement between the Contractor and he Diector whether the conditions do materially differ or whether a hazardous waste is involved or wtrether the conditions cause an increase or decrease in the Contmcto/s cost of, or time required for, performance of any part 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 protests. l. Contractor Responsibilitv, Except as otherwise provided in this Paragraph 10.03 for Differing Site Conditions, Contractor agrees to solely bear the risk ol additional cost and Delay due to concealed or unknown conditions, surface orsubsurface, 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 Work the Contractor shall erect and maintain necessary temporary fences, bridges, railings, lights, signals, bamers, or other safeguards as shall be appropriate 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, taffic control. Traffic control shall be conducted in accordance with the latest edition of the Wo* Area Traffic Control ('WATCH) handbook, published by BNi Books, and as directed and appoved by the City Traffc and Transportation Administrator. B. Contractor shall submit at least ten (10) Working Days prior to Work a detailed traffic contol plan, that is approved by all agencies having jurisdiction and that mnforms to all Equiremenb of the Specifications. C. No changes or deviations fom the approved detailed traffic control plan shall be made, except temporary changes in emergency situations, without prior approval of the City Trafiic and Transportation Administrator and all agencies having jurisdiction. Contractor shall immediately notify the Director, the City Traffic and Transportation Administrator and the agencies having jurisdiction of occurences that necessitate modification of the approved traffic control plan. D. Contractot's failure to comply with this provision may result in actions as povided in Article 5: 'Suspnsion or Termination of Contracf of these General Conditions. ARTICTE 1O GC-68 I().O5 TRAFFIC CONTROL DEVICES A. Traffic signs, flashing lights, banicades and other taffic safety devices used to control traffc shall mnform to the requirements of he WATCH handbook or the manual of traffic contol, whichever is more stringent, and as appmved by the City Traffic and Transportation Administrator. 1. Portable signals shall not be used unless permission is given in writing by the agency having jurisdiction. 2. Waming signs used for nighftime mnditions shall be reflectorized or illuminated. "Reflectorized signs" shall have a reflectorized background and shall conform to the curent State of Califomia Department of Transportaton specification for reflective sheeting on highway signs. B. lf the Contractor fails to provide and install any of the signs or traffic contol devices required herby or ordered by the Cig stafi, staff may cause such signs or haffic mnfol devices to be placed by otheB, charge the msb therefore against the Contractor, and deduct the same frDm the next pogress PaYment. EXECUTION A. The Contractor shall povide written notification to the Vemon Police Department, Traffic Bureau at 4305 Santa Fe Avenue, Vemon, CA 90058 least two (2) weeks pnor to the beginning of mnstruction at any particular location. Notification will include the specific location, project dates, what lanes of the roadway will be closed and wtren. Also the mnstruction project manage/s name and business phone number and the mnstruction inspector's name and business phone number. B. The Contractor shall notify, by telephone, the Police Department, (323) 583-8811 extension 351 atthe completion of any posting of temporary no parking signs. Notification will include the times, dates and locations ofthe 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 pertinent questions that may be asked by the parking enforcement ofiicer or police officer towing the vehicles. C. The Contractor shall notify the Vemon Fire Department, on a daily basis during the entire period that construction is in progress whenever ruadways are reduced in width or blocked. Notilication shall be made to the Fire Dispatch (323) 583-8811 extension 351 and the Contractor shall provide the information required to identify which roadways 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 subject to interference from the Work covered by this Contract shall be kept open, and the fences subject to interference shall be kept up by the Contractor until the Work is finished. Except lvhere public roads have been approved for closure, taffic shall be permitted to pass through designated traffic lanes with as liftle inconvenience and delay as possible, E. Where altemating on+way traffic has been authorized, the maximum time that traffc will be delayed shallbe posted ateach end ofthe one-way traffic section, The maximum delaytime 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 ofneed. Contractor shallremove the markings by abrasive blasting when no longer required. ARTICLE,lO GC$9 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 traffc lanes shall be prcvided and kept in good condition. H. When leaving a Work area and entering a roadway carrying public traffc, the Contracto/s equipment, whether empty or loaded, shall in all cases yield to public traffic. 10,07 FLAGGING A. Contractor shall provide faggers to confiol tnffic where rcquired 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' ol the Califomia Department of Transportation. 2, Flaggers shall be employed full time on traffc contol and shall have no other duties. I(},(}8 PEDESTRIAN CANOPIES OR BARRICADE IMPROVEMENTS Refer to City of Vemon for equircmenb 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 he expense ofthe Contractor, IEND 0F ARTTCLEI ARTICLE 1O GC-70 ARTICLE 11 .INDEMNITY lI.(lI INDEMNITY To the maximum extent permifted by law, the Contractor shall fully indemnify, hold harmless, pnotect, and defend the City, ib officers, employees, agenb, epresentatives and their successors and assigns ('lndemnitees') ftom 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 accountanb, attomeys, experts or other pmfessionals, and msts of investigation, mediation, arbitration, litigation and appeal), in law or in equity, of every kind and nature whatsoever, arising out ofor in mnnection with, rcsulting fom or related to, or claimed to be arising out of the Work performed by Contnactor, or any ol its offcers, agents, employees, Subcontractors, Sub-Subcontractors, design consultants or any person for whose acts 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, ordeath to any pesons; B. lnfringement of any patent righb, licenses, copyrighb or intellectual property which may be brought against the Contractor or City arising out of Contracto/s Work, for which the Conhactor 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 consEuential 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 Appmval or similar authorization or order; 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 Documenb; H. Failue to provide notice to any Party as required under the Contract Documents; l. Failure to protect the property of any utility povider or adjacent property olmer or J. Farlure to make payment of all employee benefts. This indemnity povision is effective regardless of any prior, mncurcnt, or subsequent active or passive negligence by lndemnitees, except that, to the limited extent mandated by Califomia Civil Code Section 2782, the Contractor shall not be respnsible for liabilities which arise from the sole negligence or willful mismnduct of lndemnitees or arise from the active negligence of City. 11,02 ENFORCEMENT Contracto/s obligations under this Article extend to claims occuning after termination of the C,ontractor's performance of the Confact or Final Payment to Contractor, The obligations apply regardless of any actual or alleged negligent act or omission of lndemnitees. Contractor, however, shall not be obligated under this Agreementto indemnify an lndemnitee for claims arising ftom the sole active negligence or willful mismnduct of the lndemnitee or independent contractors who are directly responsible to lndemnitees. Contracto/s obligations under this Article are in addition to any other righb or remedies rvhich the lndemnitees may have under the law ARTICLE 11 or underthe Contmct Documents. ln the event of any claim, suitordemand made against any lndemnitees, the City may in ib sole discretion reserve, retain or apply any monies due to the Contractor under the Contract for the purpose of resolving such claims; povided, however, that the City may release such funds if the Contractor provides the City with reasonable assunnce of protection of the City's interests. The City shall in its sole discretion determine whether such assunances are reasonable. 11.03 N0 LrMrrATroNs Contracto/s indemnification and defense obligations set forth in this Article are separate and independent from the insurance povisions set forth in Article '12 herein; and do not limit, in any way, the applicability, scope, or obligations set lorth in those insurance provisions. ln claims, suits, or demands against any lndemnitee by an employee of the Contnactor, a Submntractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the Contractor's indemnification and defense obligations shall not be limited by a limitation on amount or type of damages, compensation, or benefts payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefits acts, or other employee benefits acts. [END OF ARTICLE] ARTICLE 11 GC-72 ARTICLE 12 - INSURANCE 12,01 CONDITION TO COMMENCEMENT Cont6ctor shall not commence Work under this Contract until Contractor has obtained all insurance required hereunder from a company or mmpanies acceptable to City, nor shall the Contractor allow any Submntractor 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 fonh in Exhibit 4 must be submifted by the Contractor prior to the City's execution of the Contract. 12.02 IJIINIMUMCOVERAGEANDLIMITS 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 limib pmvided pursuant to the Contract Documenb shall apply to the full extent of the plicies 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 Ci$ and approved in writing by the City Attomey or City's Risk Manager. 12.04 INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY OBLIGATION This Agreement's insurance provisions: A, Are separate and independent from the indemnification and defense provisions in Adcle 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. [END OF ARTICLE] ARTICLE 12 GC-73 ARTICLE I3 - BONDS I3.(lI REQUIRED BONDS A. Contractor shall fumish the following bonds: 1. A Performance Bond in an amountequalto one hundred percent (100%)ofthe totalContract price in the form shown in Exhibit ''1" attached hereto. 2. A Payment Eond (Labor and Material) in an amount equal to one hundrcd percent (100%) of the total Contract price in the form shown in Exhibit "2" attached hereto. 3. A Maintenance Bond in an amount equal to ten percent (10%) of the total C,onhact price in the form shown in Exhibit "3" attached hereto. 13,02 POWEROFATTORNEY All bonds shall be accompanied by a power of attomey frcm the surety company authorizing the peMn executing the bond to sign on behatf of the company. lf the bonds are executed oubide the State of Califomia, all mpies of the bonds must be munteEigned by a Califomia representative of the surety. The signafure 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 sureg 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 executing 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 counteBigned 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 attomey. 13.04 REQUIREDPROVISIONS Every bond must display the surety's bond numberand incorporate the Contract for construction ofthe Work by reference. The terms of the bonds shall pmvide that the surety agrees that no change, extension of time, altenation, or modification of the Contact Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of the Conhact Documents. ,I3.05 NEW OR ADDITIONAL SURETIES lf, during the continuance of the Contract, any of the sureties, in the opinion of the City, are or bemme non- responsible or otherwise 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 Contmct may be suspended and the materials may be purchased or the Work completed as provided in Article 5 herein. 13.06 WAIVER OF MODIFICATIOT{S AND ALTERATIOT{S No modifcations or atteations made in the Work to be performed under the Conhact 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 APPROVALOFBONDS The Contract will not be executed by City nor the Notice to Proceed issued until the required bonds have been received and appoved by City. City's decision as to the acceptability of all sureties and bonds is final. No substitution of the form of the documenb will be permitted withor-rt the prior written consent of City. IEND 0F ARTTCLEI ARTICLE 13 GC-75 ARTICLE ,I4 - LABOR PROVISIONS 14.01 WORKING HOURS Wo* 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. 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 Overtime 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, 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 fumish in writing. Before performing any Work at said times, except Work pertaining to the public safety, the Contractor thAIl-SjyCJd$9! 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 overtime construction Wo* prformed 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 Work described in Pangraph 14.02(A), will also be at the expense of the Contractor. The charges will be determined by he 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 tire provisions of the Labor Code of the State of Califomia and any amendments thereof 1. The time of service of any worker employed upon the Work shall be limited and restricted to eight (8) hours during any one-calendar day, and 40 hours during any on+mlendar week. 2. Work performed by employees ofthe Contractor in excess of eight (8) hours per day, and 40 houm during any one calendar week, shall be permitted upn compensation for all hours worked in excess of eight (8) hours per day at not less than one and on+half times the basic rate of pay. 3. The Conhactor 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 him/her in connection with the Work; the recod shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Standards Enlorcement of the State of Califomia. 4. ln the event City deems Contractor is in violation of this Paragraph 14.03, the Contractor shall, as ARTICLE 14 GC-76 B. B. A a penalty, forfeit Fifty Dollars ($50.00) for each worker employed in the execution of the Contnact by the Contractor or by any Submntractor 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 dollar) $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 subpanagraph is effective to the extent it does not directly conflict with the overtime penalty provision of Califomia Labor Code Section 558. ln the event ol such conflict, the Califomia Labor Code govems overthis Paragraph 14.03(A)(4). WAGE RATES A Prevailing Wages 1. Contactor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime Work in the localig in which the Work is to be performed, for each craft, classifcation, or type of worker needed to execute he 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 www.dirca.qov/DlSR/PwD/. To the extent that there are any difierences in the federal and state prcvailing wage rates for similar classifications of labor, the Contractor and its Subcontractors shall pay the highest wage rate. 2. The Contractor shall post a copy ol the general prevailing rate of per diem wages at the job site. 3. The Conhactor and any Submntractor under him/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 upn wtrich such rates shall be paid shall be all holidays recognized in the collective bargaining Contract applicable to the pa(icular craft, classificaton, or type of worker employed on the poject. 5. 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 forthe Work or craft in which the worker is employed underthe Contract by the Contnactor 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 thereof forwhich such worker was paid less than the stipulated prevailing wage rate shall be paid to such worker by the Contractor. 6. The specifed 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 egard to the payment of wages in excess of those specified herein shall be adjusted by the Contractor at his/her own expense. B. Payroll Records '1, Pursuant to Califomia Labor Code Section 1776, the Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, Work classification, straight time and ove me hours worked each day and week, and the actual per diem wages paid to each joumeyman, apprentice, worker or other employee employed in ART CLE 14 GC-77 connection with the Work. The payroll records shall be certilied 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. I4,05 APPRENTICESHIPSTANDARDS A. Compliance with Califomia Labor Code Section 1777.5 requires all public works contractors and su bcontractors to: 1. Prior to commencing work on a public works contract, submit Contract Awad information to the applicable joint apprenticeship committee, including an estimate of the joumeyman hours to be perlormed under the Coniract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. Use Form DAS-140 from the State Department of lndustrial Relations. The City reserves the right to require Contractor and SubcontractoB 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 apprcntice work for every five (5) hours or labor prformed 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 poects only to those apprentices who are registered, as defined in Labor Code Section 3077. 4. Contribute to the training fund in the amount identified in the Prevailing Wage Rate publication forjoumeyman and apprentices. Contractors who choose not to mntribute to the local training trust fund must make their contributions to the Califomia Apprenticeship Council, P.0. Box 420603, San Francisco, CA94142. B, Failing to comply with the provisions of Califomia Labor Code Section 1777.5 may result in the loss of the right to bid on all public works pojects for a period of one to three years and the imposition of a civil penalty of Fifty Thousand Dollars ($50,000) for each calendar day of noncompliance. 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 submitled to the Project 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 Paymenb (DLSE Form PW 26 from the State Department of lndustrial Relations) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefib, ARTICLE 14 GC-78 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 ContractoE and Subcontractors to submit a copy of said forms to the City. 14.06 EMPLOYMENTOFAPPRENTICES A, ln the performance of this Contract, the Contractor and any Subcontractor shall comply with the provisions mnceming 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 mmply with the aforesaid provisions of the Labor Code, such Contractor or Submntractor shall be subject to the penalties for noncompliance in the Labor Code of the State of Calilomia and any amendments thereof. 14.07 CHARACTEROFWORKERS The Contnctorshall notallow his/heragents oremployees, Subcontractors, or any agentoremployee 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 commib trespass, or in the opinion ofthe 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 officers, agents, and employees. 14.08 NO SMOKING - STATE LABOR CODE SECTION 6&4.5 The Contractor and its agents, employees, Subcontractoc, representatives, and any person under Contracto/s control, are prohibited from smoking in- or within a 2o-foot distance from- the Site, which is a "place of employment' under California Labor Code $ 6404.5, [END OF ARTICLE] ARTICLE 14 GC-79 ARTICLE 15 - DISPUTE RESOLUTION ,15,01 SUBMISSION OF CLAIMS By Contractor Contractods right to commence the Claims Dispute Resolution Process shall arise upn the Directot'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 rejecb all or a portion of Contractot's Claim. Contracto/s Statement of Dispute shall be signed under penalty of perjury and shall state with specificity the events or circumstances giving rise to the Claim, the dates of their occurence and the effect, ifany, 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 the Contractot's obligations relative to time of performance shall include a dehiled, event-by€vent description of the impact of each delay on Contractois time for performance. Adequate supporting data to a Statement of Dispute submitted by Contractor involving Contractor's compensation shall include a dehiled cost breakdown and supporting cost data in such form and including such detailed information and other supporting data as required to demonstrate the grounds for, and precise amount of, the Claim. By City City's right to commence the Claims Dispute Resolution Pnocess shall anse at any time following the City's actual dismvery of the circumstances giving rise to the Claim. Nothtng 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 evenb 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. Claims Delined The term "claims" as used herein shall be as defned in Califomia Public Contract Code $ 20104(b)(2). 15,02 CI-AIMS DISPUTE RESOLUTION PROCESS The parties shall utilize each of the following steps in the Claims Dispute Resolutron Process in the sequence they appear below. Each pary shall participate fully and in good faith in each step in the Claims Dispute Resolution Process, which good faith efiort shall be a condition pEcedent to the right of each party to pDceed to the next step in the Claims Dispute Resolution Pocess. Dhect Negotiations Designated representatives of City and Contractor shall meet as soon as pssible (but not later than ten (10) Days after 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 negotiations by an authorized representative with full knowledge of the details of the Claim or defenses being assetud 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 ofiicial]approvalof any agreed seftlement or resolution, ln the Claim involves the assertion of a right 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 negotiations, with the same authority and knowledge as just described. Upon completion of the meeting, if the Claim is not resolved, the pa(ies may either continue the negotations or eiher party ARTICLE 15 GC{0 B. maydeclarenegotiationsended. Alldiscussionsthatoccurduringsuchnegotiationsandalldocuments prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to Califomia Evidence Code Sections 1119 and 1152. Defenalof 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 Contnactor and City, shall be defened pending Final Completion of the Wok, 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 after such Final Completion and thereafter punsued to resolution pursuant to the Claims Dispute Resolution Process. Nothing contained in this Article 15 shall be interprcted 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. 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 cou( of competent jurisdiction. 15.03 NO WAIVER 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 0F ARTTCLEI ARTICLE 15 GC-81 c. ARTICLE 16. ACCOUNTING RECORDS MAINTENANCE OF RECORDS 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 orobligations relating to the Project orthe performance of the Work, including, without limitation, agreements, purchase orders, leases, contracb, commitments, anangements, notes, change orders, change order requests, estimates, field orders, schedules, diaries, logs, reports, shop drawings, samples, exemplars, Drawings, Specifcations, invoices, delivery tickeb, receipts, vouchers, cancelled checks, memoranda; accounting records; job cost reports; job cost liles (including complete documentation covering negotiated seftlements); backcharge; general ledgers; documentation of cash and trade discounts eamed; insurance rebates 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 Project asserted by Contractor or any Subcontractor ("Accounting Records"). 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 pojecb, be satisfactory to City and shall include preservation of such records for a period of five (5) years after approval ol the Notice of Completion and Acceptance by City, or for such longer period as may be required by applicable laws. ACCESS TO RECORDS Contractor shall allow, and shall include in its contracb with its Subcontractors provisions requiring ib Subcontractors to allow, City and its authorized representative(s), auditors, attomeys and accountants, upon twenty-four (24) hours notice to Contractor, full access to inspect and copy all books and records relating to the Project that Contractor is required to maintain purcuant to Paragraph 16.01, above. CONTRACTOR NONCOMPLIANCE, WITHHOLDING 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 limitatron 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 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 unsatislied request by City under this Article '16. Upon such compliance with this Article 16, any additional monies withheld puEuant to this Paragraph 16.03 shall be released to Contractor. SPECIFIC ENFORCEMENT BY CITY Contractor agrees that any failure by Contractor or any Subcontractor to provide access to ib 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 jurisdiction based on affidavits submitted to such cou( and without the necessity of oral testimony, to compel Contractor to permit access, inspection, audits and/or repoduction of such books and records or to require delivery of such books and records to City for inspection, audit and/or reproduction, ARTICLE 16 GC42 IEND 0F ARTTCLEI 16.04 ARTICLE 1 7-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 oderc of govemmental authorities, including but not limited to the provisions of the Califomia Code of Regulations applicable to contractors performing construction and all laws, ordinances, rules, regulations and lawful orders relating to safety, prevailing wage and equal employment oppo(unities. 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 similartaxes on materials, labor or other items fumished for the Work or portions thereof provided by Contractor or Subcontractors, alltaxes ansing out of its operations under the Contract Documents and all benefts, insurance, taxes and contributions for social security and unemployment insurance which are measured by wages, salaries orother remuneration paid to Contracto/s employees. lf under federal excise tax law any transacton hereunder constitutes a sale on which a federalexcise 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 documenb 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 Contract Sum, Notice of Violations Contractor shall immediately notify the City and Director in writing of any instructron received from 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 Contractor 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 orders of govemmental authorities. lf Contractor observes that any portion of the Drawings and Specifications or Work are at vanance with applicable laws or lawful orders of 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 notify Director in writing. ll without such notice to Director, Contractor or any Subcontractor performs any Work which it knew, orthough the exercise ofreasonable care should have known, was contrary to lawful orders of govemmental authorities or applicable laws, then Contractor shall bear all resulting losses at its own expense, at no cost to City and without adjustrnent to the Contract Sum. 17,02 OWNERSHIP OF DESIGN DOCUMENTS Property of City All Design Documents, Contlact Documents and Submiftals (including, without limitation, all copies thereo0 and all designs and building designs depicted therein are and shall remain the sole and exclusive property of the Cig and the City shall solely and exclusively hold all copyrighb thereto. Without deogation the City's rights under his Pangraph, he Contractor and Subcontractors are granted a limited, non+xclusive license, revocable at will of City, to ARTICLE 17 GC$3 use and repoduce applicable portions of the Contract Documenb and Submittals as appropriate to and for use in the execution ofthe 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 mmplete set of the Contract Documents that have been appoved by applicable Govemmental Authorities, C. Delivery to City All Design Documents, Conhact Documenb and Submithls in the pssession of Contractor or Subcontractors shall be retumed to the City upon the earlier of Final Completion or termination of the Construction Contmct; provided, however, that Contractor and each Subcontractor shall have the right to retain one (1) copy of the Contract Documents and Submittals for its permanent records D. Subconhactors Contractor shall take all necessary steps to assure that a provision is included in all subcontracts with Subcontractors, of every tier, who perform Work on the Project establishing, protecting and preserving the, City's righb set fo(h in this Paragnph, I7.03 AMENOMENTS 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, covenanb, conditions or other provisions of the Contract Documents at any time shall not in any way limit or waive that party's right thereafter to enforce or mmpel strict compliance with every term, covenant, condition or olher provision, any course of dealing or custom of the trade notwithstanding. Furthermore, 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 INDEPENDENTCONTMCTOR Contractor is an independent contractor, and nothing contained in the Contract Documents shall be construed as constituting any relationship with City other than that of Project owner and independent contractor. ln no event shall the relationship between City and Contractor be mnstrued as creating any relationship whatsoever between City and Contractois employees. Neither Contractor nor any of its employees is or shall be deemed to be an employee of City. Except as otheruise specified 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 ib agents, for all Subcontractors and for all other Persons that Contractor or any Subcontractor hires to perform or assist in performing the Work. 17.06 SUCCESSORSANDASSIGNS The Contract Documents shall be binding upon and inure to the benefit of City and Contractor and their permifted successors, assigns and legal representatives. ARTICLE 17 GC{4 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 person as permitted by govemmental rules, provided that the successor or assignee has assumed all of Cig'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 ib duties hereunder, except to SubcontractoB as expressly otherwise permitted in the Contract Documents. Contractois 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 Contract. 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 discretion, voluntarily or involuntarily assign, convey, transfer, pledge, mortgage or otheMise 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 ib ownership interest in Contractor without the prior wriften mnsent of City, in City's sole discretion, 17,07 SURVIVAL Contracto/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, ,I7.08 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 heEto to maintain a suit for personal injury or property damage pursuant to the terms or provisions hereof, except to the extent that specific provisions (such as the wananty and indemnig 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 impsed by law. The Contract Documenb shall not be construed to create a contractual relationship of any kind between City and a Subcontractor or any other PeBon except Contractor. 17.09 PERSONAL LIABILIW OF CITY EMPLOYEES City's authorized representatives are acting solely as agents and representatives of City when carrying outthe provisions oforexercising the power or 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. ARTICLE 17 GC45 17.10 NO ESTOPPEL City shall not, nor shall any officer thereof, be precluded or estopped 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 therefo0 puBuant to any such measurement, estimate or ceftificate 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 or certificate is untrue and incorrect, or improperly made in any particular, or that the work and matenals, or any part 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 recovering from Contractor and its Sureties such damages as City may sustain by reason of Contractois 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 povisions ofthe Contract Documents, jurisdiction is in the Superior Court ofthe County of Los Angeles, Califomia, or where otheMise 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 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 regading assignments of Subcontractors contained herein. 17.13 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 podon; 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 prtion 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. 17,14 HEADINGS The captions of the sections of the Contracl are for convenience only and shall not be deemed part of the Contract or considered in construing the Contract, ARTICLE 17 GC{6 17,15 ENTIRE AGREEMENT The Contract Documents contain the entire understanding of the parties with respect to the subject mafter hereof and supersede all prior agreements, understandings, statements, representations and negotiations between the parties 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 ART CLE 17 GC-87 EXHIBIT 1 Bond No.: Premium Amount: $ Bond's Effective Date: I PERFORMANCE BOND RECITALS: The City of Vernon, California ('City"), has awarded to (Name address, and telephone of Contractor) ("Principal"), a Contract (the "Confacf) for the Work described as follows: Specilication No. in Vernon, CA. 2. Principal is required under the terms of the Contract- and all contract documents referenced in it ("Contract Documents"F to furnish a bond guaranteeing Principal's faithful performance of the 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. OBLIGATION: THEREFORE, for value received, We, Principal and (Name, address, and telephone of 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 Califomia Licensed Resident Agent for Surety is: ('Surety'), (Name, address, and telephone) Registered Agent's California Department of lnsurance License No, THE CONDITION OF THIS BOND'S OBLIGATION lS THAT, if Principal prompty and faifitully performs the undertakings, terms, covenants, conditions, and agreements in the Contract and Contract Documents (including all heir amendments and supplements), all $/ithin the time and in the manner that hose doormenb specify, then tris obligation becomes null and void. Oherwise, this Bond remains in full force and effect, and the following terms and conditions apply h fiis 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, Wananties, Guarantees, Conection, and Maintenance 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 Conkact and ConFact Documents, the guarantees in this Bond also survive Final Completion olthe 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 Prolect according to the Contract Documents' terms and conditions then in effect; or (c) using a procurement methodology approved by City, select a contractor or mntractors- acceptable to City- to complete all of the Work, and arrange for a contract beiween the contracto(s) and City. Surety shall make available, as the Work progresses, suffcient funds to pay the cost of completion less the balance of the Contract Sum, EXHIB T 1 - PERFoRIVANCE BOND-1 of 3 and to pay and perlorm all obligations of Principal under the Contract and Contract Documents- 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. 4. An atteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contact Documents, or be nature ofthe Work performed underthe Contract or Contract Documents- including, without limitation, an extension of time for performance- does not, in any way, atfect 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 surcty's guaranteeing Principal's faithfu I 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 SulIF City's reasonable attomeys' fees and litigation costs, in an amount the court fxes. L Surety shall mail City written notice at least30 days before:(a)the effective date on which the Surety willcancel, terminate, or withdraw from this Bondi 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 ot each party appearing below and signed by its representatrve(s) under the authority of its goveming body. Date: PRINCIPAL:SURETY: (Company Name)(Company Name) (Signature)(Signature) By: Its: By: Its: (Name)(Name) oifle) Addrcss for Serving Noticos orOher Documents: Address for Sgrying Notic€ or Other Documer|b: (Title) CORrcRATE SEAL CORPORATE SEAL . ,l,,S 8O'VD 'UUST tr, AGCWED IN TR[PUC,,.TE. EVDEiICE MUST BE AT|ACHED tr THE NmDHTY OF ANY PERSOTT, SrcrrrrrVGAS ATTORNErJN+ACT.. THE ATrffiNEY{N-FACTS S,GTVAruRE lltUST tr NOTAFIZED.. ACORPOPdTESf,.T ffUSIEE,ntmESSED ONTIilS FORI/. WHEN TtiE PRINCiPAI- ORTttE SURET /, OR PpTtt, ARE A CORPORANON, APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: City Attomey EXHIBIT 1 - PERFORMANCE BOND-2 of 3 ByBy Director of Community Service & Water BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY.IN.FACT STATE 0F CALTFORNTA ) ) ss.couNTYoF ) On this _ day of 20-, 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 in fact of and acknowledged to me that he/she subscribed the name of 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 1 - PERFORMANCE BOND-3 of 3 EXHIBIT 2 PAYMENT BOND (LABOR AND MATERIALS} RECITALS: The City of Vernon, Califomia ('City"), has awarded to Bond No.: Premium Amount $ Bond's Effective Date: L No. (Name, address, and telephone of oesign-Builder) ("Principal"), a Contract (the "Contract") lor the Work described as follows: Specification in Vemon, CA. 2. Principalis required under California ejyilCode Sections 3247-3248 and the terms of the Contract- and allcontract documents referenced in it ("Contract Documents"F 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 Contract Documents, including all their amendments and supplemenls, are incorporated into this Bond and made a pa( of it by this reference. OBLIGATION: THEREFORE, for value received, We, Principal and (Name, address, and telephone ol 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 ofAmerica, The California Licensed Resident Agent for Surety is: (Name, address, and telephone) Registered Agent's Califomia Depa(ment 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 Califomia Civil Code Section 3181, or any successor legislation; (b) any amount due under Califomia's Unemployment lnsurance egdg, or any successor legislation,lor work or labor performed under the Contractor Contract Documents; or (c) any amount under !hgEp!9yE9lLh!!IA!99 qgdg Section 13020, or any successor legislation, that Principal or a subcontractor must deduct, withhold, and pay over to the Employment Development Department ftom the wages of its employees, for work or labor perlormed under the Contract or Conlract Documents, hen Surety shall pay for the same in an amount noltGexceed the Bonded Sum. Otherwise, his obligation bemmes null and void, While this Bond remains in fullforce and effect, the following terms and conditrons apply to this Bond: 1. This Bond inures to he benefit ofany of the persons named in California Civil Code Section 3181, or any successor legislation, giving hose persons or heir assigns a right of acton in any $it brought upon his Bond, unless California Sjyi! Code Section 3267, or any successor legislation, applies. 2. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to he Contract, Contract Documents, or the nature of the Work performed under tre Contract or Contact Documents- including, without EXHIBIT 2 - PAYIVIENT BOND-1 of 3 limitalion, an extension of time for performance- does not, in any way, afiect Surety's obligations under this Bond, Surety waives any notice of alteralion, modilicaton, change, addition, deletion, omission, agreement, supplement, or extension of time. 3. Surety's obligations under this Bond are separate, independent from, and not contingenl 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 Sum- City's reasonable attorneys'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 ftom 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) (Signature)(Signature) By: Its: By: Its: (Name)(Name) frrue)Orue) Address for Serving Notices or Oher Documenb: Address ior Serving Notices or Oher Documents: CORPOMTE SEAL CORPORATE SEAL . r,,SBO,VDi'UST BE A(ECUTED INTRIHJCATE.. EvlDEllCE ttUST BE ATIACHED tr THE AUIHORII1I OF NIY PERSO, S,GI\,,,VGAS ATIORNEYIIfiFACT.. THEATIRNEYII+FACTS gG|{AruRE[tUSr tr NOTARIZED.. A CORPO&qIESEAL /I'USIEE,IIPRESSED ON TtilSFORt WHEN TttE PRINCIPN. &THE SUFEfl, OR nfi, ARE A CORPoRATNN. APPROVED AS TO SURETY AND AMOUNT OF BONDED SUM: APPROVED AS TO FORM: By City AttomeyDirector of Community Service & Water By EXHIBIT 2 - PAYI\.{ENT BoN0-2 of 3 BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY.IN.FACT STATE OF CALTFORNTA ) COUNTY OF 0n this _ day of ) ss. ) 20--, thereto before me, (name), a Notary Public for said County, pensonally 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 in fact of , and acknowledged to me that he/she subscribed the name of as principal, and his/he own name as aftomey in fact. I certify under PENALW OF PERJURY under the Iaws of the State of Galifornia that the foregoing paragraph is true and conect. Notary Public SEAL EXHIBIT 2 - PAYMENT BOND-3 of 3 1. The City of Vernon, Califomia ("City"), EXHIBIT 3 Bond No.: Premium Amount: $ Bond's Effective Date: MAINTENANCE BOND RECITALS: has awarded to (Name, address, and telephone of Contracto0 ('Principal'), a Contract (the'Contract") for the Work described as follows: Specification No. in Vernon, CA. 2. Principal is required under the terms of the Contract- and all contract documents referenced in it ("Contract Documents"F after completion of the Work and before the filing and recordation ofa Notice of Completion ,or 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 from the date the City's Notice of Completion and Acceptance of the Work is filed with the County Recorder, to protect he City against the result of faulty material or workmanship during that time. 3. The Contract and Contract Documents, including all thek 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 Surety) a duly admitted surety insurer under Califomia's laws, agree as follows: By this Bond, We jointy and severally obligate and bind ourselves, and our respective heirs, executors, administrators, successors, and assigns to pay City the penalsum of Dollars ($ ) ('the Bonded Sum"), this amount comprising not less than the total Contract Sum, in lawful money of the United States ofAmerica. The California Licensed Resident Agent for Surety isl (Name, address, and lelephone) Registered Agent's California Department of lnsurance License No THE CONDITION OF THIS BOND'S OBLIGATION lS THAT if the said Pnncipal or any of his or her or ib subcontractors, or the heirs, executors, adminisfators, successors, or assigns or assigns of any, all, or either of them, shall fail to execute wihin a reasonable amount of time, or fail to respond within seven (7) days with a written schedule acceptable to the City for same, repair or replacement of any and all Work, togeher wih any oher adjacent Work which may be displaced by so doing, hat proves to be defective in its workmanship or material for he period of one (1) year (except when oherwise required in he Contact to be for a longer period) fom he date the City's Notice of Completron and Acceptance, or equivalent, is filed wifr he County Recorder, ordinary wear and tear and unusual abuse or neglect excepted wih respect to such Work and labor, the Surety herein shall pay for fE 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 bet\,leen the contracto(s) and City. Surety shall make available sulficient funds to pay the cosl of repair or replacement ol any and all Wo* and to pay and perform all obligations of Principal underthe Contracl and Contract Documents- 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. EXHIBIT 3 - MAINTENACE B0ND-l of 3 ('Surety'), 2. Should the mndition of this bond be fully performed, fien this 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 to the terms ofsaid Contractor to the Woft to be performed thereunder orthe 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 not contingent upon any other surety's guaranteeing Principal's faithful perlormance 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 lhe Bonded Sum, City's reasonable attomeys'lees 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 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) (Signature)(Signature) By:By: Its:Its: (Name)(Name) (Iitle) Address for Serving Notices oI Oher Documenb: Address for Serving Notice€ or Oher D,ocuments: fiifle) CORPORATE SEAL CORPOMTE SEAL . 7}'IS 8O''ID IIfl'SI E qECUIED N IRIHJCATE. AmAtrE frJSf E ATrACIED 0F TTE AUITffillv OFATVvPERSOMTMT{G AS ATTON€Y+I+ACI.. nE ATtORtE{.tttFACrS SGltIruRE iflrSI E N)TARED.. A CORPO&{IE SE4L lrl/Sl8E ,it PRESSED Ort, fHS rc t w,EN ItE NfiPAt- OR ,}€ SUErY OR NT,+ ARE A CORrcIRAIDN APPROVEDASTOSUREW&AMOUNTOFBONDEDSUM: APPROVEDASTO FORM: Cig Attorney EXHIBIT 3 - IVAINTENACE BOND-2 of 3 By Director of Communig Service & Water By STATE OF CALIFORNIA ) )ss.couNTYoF ) On this _ day of BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY-IN.FACT 20-, before me, 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 in fact of and acknowledged to me that he/she subscribed the name of thereto as principal, and his/he own name as attomey in fact. lcertify under PENALTY OF PERJURY underthe laws ofthe State of Califomia that the foregoing paragraph is true and correct. Notary Public SEAL (name), a Notary Public for said County, personally EXHIBIT 3 - l\.{AINTENACE BoND-3 of 3 EXHIBIT 4 INSURANCE REQUIREMENTS 1.0 REQUIRED INSURANCE POLICIES At its olvn expense, Contractor shall obtain, pay for, and mainhin - and shall require each of its Subconfactors to obtain and maintain - lor the duration of the Agreement, policies of insurance meeting the following requirements: A. Workers' Compensation/Employer's Liability lnsurance shall provide workers' mmpensation statutory benefits as required by law. 1. Employeis Liability insurance shall be in an amount not less than: (a) oNE MILLION DoLLARS ($1,000.000) per accident for bodily injury or disease; (b) ONE MILLION DoLLARS ($1,000.000) pr employee for bodily injury or disease; and G) ONE MILLION DOLLARS ($1.000,000) policy limit. B. Commercial General Liability ("CGL") (primary). City and tts employees and agenb shall be added as additional insureds, not limiting coverage for the additional insured to 'ongoing operations" or in any way excluding coverage for completed operations. Coverage shall apply on a primary, non+onhibuting basis in relation to any other insurance or self-insurance, primary 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 additional insured. Coverage shall mntain no contractors' limitation or other endorsement limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 1. CGL insunance must not be written for less than the limib of liability specified as follows: (a) ONE MILLION DOLI-ARS ($1.000.000) per occunence for bodily injury (including accidental death) to any one person; (b) ONE MILLION DOLLARS ($1.000.000) per occunence for personal and advertising inlury to any one person; (c) ONE MILLION DOLLARS ($1.000.000) per occunence for pop€rty damage; and (d) TWO M|LL|ON DOLLARS ($2,000.000) generalaggrcgate limit. 2. CGL insurance must include all major divisions of mverage and must cover: (a) Premises 0perations (including Explosion, Collapse, and Undergound [X,C,U'] overages as applicable); (b) lndependentContracto/sProtective; (c) lndependentContractors; EXHIBIT4- INSUMNCE REQUIREtvIENTS- 1 of 6 (d) Poducts and Completed operations (maintain same limits as above until five (5) years after recordation of Notice of Completion) (e) Personal and Advertising lnjury (with Employei s Liability Exclusion deleted); (f) Conhactual Liability (including specified povision for Contracto/s obligation under Article 1'l of the General Conditions); and (S) Broad Form Property Damage. 3. Umbrella or Excess Liability lnsurance (over primary), if povided, shall be at least as boad as any underlying covenge. Cnverage shall be povided on a 'pay on behalf basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no mntracto/s limitation endorsement. The policy shall have starting and ending dates concunent with the underlying coverages. The Named lnsurcd may determine the layering of primary and excess liability insurance provided that if such layering differs from that described hep, the actual coverage program meeb the minimum total requircd limits and complies with all other requirements listed here. C. Business Automobile Liability lnsurance 1. Business Automobile Liabilrty lnsurance must cover all vehicles, whether rented, leased, hired, scheduled, owned or non+wned. lf Contractor does not own any vehicles, this requiement may be satislied by a non-owned vehicle endorsement to the general and umbrella liability policies. Business Automobile Liability lnsuance coverage amounts shall not be less than the following: (a) ONE MILLION DOLLARS (S1,000.000) 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 MlLLloN DOLI-ARS t$1.000.000) combined single limit. D. Contractors Pollution Liability lnsurance (CPL) 1. Contractor or Subcontmctor shall obtain, pay for, and maintain for the duration ofthe Contract Contractors Pollution Liability insurance that provides coverage for liability caused by pollution mnditions arising out of the operations of the Contractor. Coverage shall be included on behalf of the insured for covered claims arising out of tp actions of independent contractoB. lf the insured is using Subcontractors, the policy must include work performed "by oron behalf of the insured. 2. The policy limit shall provide mverage of no less than one million dollars ($1,000,000) per claim and in he aggregate. Coverage shall apply to bodily injury; property damage, including loss of use of damaged popefl or of property that has not been physically inured; cleanup costs; and costs ofdefense, including cosb and expenses incuned in the investigation, defense, or settlement of claims. EXHIBIT 4 - INSUMNCE REQUIREMENTS-2 of 6 3. All activities contemplated in the Contract shall be specifically scheduled on the CPL policy as 'covered operations." ln addition, he policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including nonowned dispsal sites. 4. The policy shall specifically pmvide for a duty to defend on the part of the insurer. City, ib officers, employees and agents shall be added to the policy as additional insureds by endorsement. E. Builde/s Risk 1. Buildeds Risk lnsurance mvering all real and personal property for 'all risks' of loss or 'comprehensive perils'coverage including but not limited to he perils of earth 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 poperties. 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 builde/s risk policy for the Project instead of a mntractor purchased policy. Bidder should not include cost for this coverage in his/her bid. 2,0 GENERALREQUIREMENTS-ALLPOLICIES A. Qualifcations of lnsurer. At all times during the term of this Contract, Contractor's insurance company must meet all of the following requirements: 1. "Admitted" insurer by the State of Califomia Department 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 ofthe United States; and 3. Carry an A.M. Best & Company minimum rating of 'A:Vll". 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 certificates 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 discretion. 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, agents, 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 ib representatives, or both, is excess over Contractot's insurance. City's insurance, or self-insurance, or both, will not contflbute with Contractor's insurance policy. F. Waiver of Subrogation. Contractor and Contractois 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. EXHIBIT4-INSUMNCE REoUIREMENTS-3of 6 G. Separation of lnsureds. Contractor'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. 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 another expense under Contracto/s 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 covemge 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) 3il;J::itHt[:#ffff:il['['J#Jlof' or in anv wav connected with' the (b) The naturc or number of accidents, claims, or lawsuits arising out of, oI in any rrvay connected with, the services of Contractor under this AgEement; 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 coverage that Contractor must maintain after the Final Payment. L. Contractor shall not allow any insurance to expire, cancel, terminate, lapse, or non-renew. Contractor's insurance mmpany shall mail City written notice at least thirty (30) days in advance of the policy's cancellation, termination, non-renewal, or reduction in coverage and ten (10)days before its insurance policy's expiration, cancellation, termination, or non-renewal, Contractor shall deliver to Cig evidence of the required coverage as proof that Contracto/s insurance policy has been renewed or replaced with 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 request, Contractor shall fumish satisfactory proof of each type of insurance coverage requircd- including a certified copy of the insurance policy or policies; certificates, endorsements, renewals, or replacements; and documenb comprising Contracto/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 Contractois behalf, Contractor shall ensure that the Subcontractor complies with the following. 1. Meets, and fully complies with, this Agreement's insurance requirements; and EXHIBIT 4 - INSUMNCE REQUIREMENTS - 4 of 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 its employees. 0. Contractor's failure to comply with an insurance provision in this Agreement constitutes a material 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 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 CONTMCTOR'S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS A. Conlraclor 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. Ci$ will neither sign this Agreement nor issue a "Notice to Proceed' until the City Attomey or City's Risk Manager 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 appoved format are set forth in this {. B. Required Submiftals for Commercial Genenal Liability and Business Automobile lnsurance and Contracto/s Pollution Liability lnsurance. The following submittals must be on forms satisfactory to the City Attomey or City's Risk Manager, and signed by the insuance canier or its authorized representative - which fully meet the requirements of, and contain provisions entirely consistent with, all of the insurance requiements set forth herein. 1. "Certificate of lnsurance"2. 'Additional lnsured EndoBemenf3, Subrwation Endorsement: 'Waiver of Transfer to Rights of RecoverAgainst Others" Both Certifcates of lnsunance and Additional lnsured Endorsements must read as follows: "The City ofVemon, and its officers, agents, employees and representatives are included as additional insureds underthe 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 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 bought. The issuing company shall mail thirty (30) days advance notice to the City for any policy cancellation, terminatron, 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 Attomey or City's Risk Manager, and signed by the insurance canier 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 "Certiticate of Consent to Self-insure" from the State of Califomia is required; or if Contractor is laMully exempt from workers' compensation laws, an "Affirmation of Exemption from Labor Code $3700" form is required. D. Required Evidence of Builde/s Risk Coverage. City will provide a certificate of insunance and a declarations page on a form satisfactory to the City Attomey or City's Risk Manager, and signed by the insurance canier or its authorized representattve. The rclicy terms must fully meet the requirements of, and mntain provisions entirely consistent with, all of the insurance requirements set forth herein. The City shall be named as a loss payee on the insurance policy for the full replacement value of all buildings, structures, fixtures and materials to be constructed, maintained, repaied or supplied pursuant to this Contract. EXHIBIT 4 - INSUMNCE REQUIREMENTS - 5 of 6 E, Conkactor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that all required coverage is provided. Contnactor agrees to obtain certificates evidencing such covemge. 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-called "third party action ove/' claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontnactor. H. Any "self-insured retention" must be declared and approved by City. City reserves the right to require the selfinsured retention to be eliminated or replaced by a deductible. Self-funding, policy fronting or other mechanisms to avoid risk tnansfer are not acceptable. lf Contnactor 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 EXHIBIT B - CITY OF VERNON SPECIAT PROVISIONS - SPECIFIC FOR THIS PROJECT B.1.Ol SCOPE OF WORK 1) Provide and install deep well vertical turbine pump and motor, packer and suction pipe into an existing well. This includes pump and motor, pump head. column piping, enclosed tubing, lineshaft, pump bowls, packer inflation / deflation air line, two water level sensor devices (above and below packer), concrete pads and all appurtenances. Provide and install well discharge piping as shown on the plans for Well 21 commencing at the well-head discharge flange including cement mortar-lined fusion bonded epory lined and coated steel pipe, valves fittings and all necessary connections. 2) Provide and install the necessary site electrical system control componenb. This includes using the existing electrical equipment. the control panel, constructing a new concrete foundation, transformer pad with barrier posts, main switchboard, motor control center, PLD, fiber optics, site lighting, alarms, conduits, wiring and all necessary connections and hook ups. All equipment shall be sheltered with a steel surgical canopy, or within an enclosed structure. Contractor shall provide and install all materials. 3) Provide and install an on-site, disinfection hypodilution system (Specification Section 11530) for Well 21 including a concrete slab and pre-fabricated 6'x 6'fiberglass building. 4) Prepare the required site work as described by the contract plans. Provide grading, shoring, and installation of asphalt concrete pavement over. 5) Provide and install all underground piping for water, sewer and storm drain, including valves, fittings, and appurtenances, pipe wrapping, thrust blocks, joint restraints, valve cans, valve vaults and all necessary connections. 5) Provide, install and construct the site drainage system including PVC pipe, fittings, appurtenances, catch basins, steel grating, sump outlets, graded slopes and all necessary connections. 7) All other miscellaneous work as shown on the Plans. 8-1.02 CONTRACT PLANS The contract plans consist of Drawings No, 120113 B-1.03 SPECIFICATIONS For the purpose of this contract, the Detailed Technical Specifications and the "GREENBOOK" STANDARD SPECIFICAIONS FOR PUBLIC WORKS CONSTRUCnON (2012) Edition shall apply. 8.1.04 CONTRACT TENGTH All work in this project shall be completed within 180 calendar days. 8-1.05 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. SPECIAL PROVISIONS I The second paragraph of subsection 5-6.1 hereby deleted and the following paragraph shall be inserted in its place: No extension of time will be granted for a delay caused by the inability of the Contractor to obtain materials, equipment and labor, except as authorized by the Engineer, The length of the contact time stipulated includes any time which may be required to obtain materials, equipment, and labor. The Contractor shall be deemed to have ascertained the availability of materials. equipment and labor and considered same in its construction schedule. 8-1.06 QUALITY OF WORK The provisions of Section 4-1.1 entitled "Materials and Workmanship" of the Standard Specifications shall apply. In addition, any work deemed unacceptable ty the Engineer, whether a cause is determined or not shall be repaired or replace by the Contractor at his expense, 8-1.07 UqUTDATED DAMAGES In accordance with Section 5-9 of the Standard Specifications, for each consecutive calendar day required to complete the work in excess of the time specified herein for its completion, as adjusted in accordance with Section 5-5 of the Standard Specifications, the Contractor shall pay to the City, or have withheld from monies due it, the sum of $1.500. 8-2.01 SCHEDUT!NG 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 worlq critical path and estimated time for completion of each segment of work. This schedule must be reviewed and accepted by the City Engineer, or his/her designee, 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 forty eight (48) hours' notice to the City Engineer prior to the start of work. All required overtime work shall be approved, in advance, by the City Engineer. The normal work schedule will be Monday through Friday, 7:00 a.m. to 5:00 p.m. 8.3.01 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: 1) Work by Contractor: The following percentages shall be added to the Contractort costs and shall constitute the markup for all overhead and profits: a) 1abor.................. .....'..'..'..'.'..........200/o b) Materials............. ..........................' 15olo c) Equipment Renta1................. .,........150/o d) Other ltems and Expenditures....... .....'..'...................150/o 2) Work by 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 worl! regardless of the number of tiers of subcontractors used. In addition, a markup of 10 percent on the first $5,000 of extra work and a markup of 5 percent on work in excess of $5,000 may be added by the Contractor, 3) The Contractor shall pay for any costs incurred for overtime inspection, 8-3.02 COMPUANCE WtrH I-AWS, REGULATIONS, AND SAFE PRACflCES The Contractor shall perform all work in a safe, competent manner and in accordance with all federal, state, and 2 SPECIAL PROVISIONS 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 ofthe 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. B-3.03 TRAFFIC REqUIREMENTS Before any partial or total closure of any street, the Contractor 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. 8-5.01 CONSTRUCTION ORDER OF WORK Work within certain commercial areas of the various districts shall be scheduled so as to lessen the impact upon businesses and dining establishments. Requirements - General: 1) All construction shall conform to Sections 5-1 and 5-2 of the Standard Specifications 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 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 done so, in the opinion of the Engineer, delays the completion of the work presently under construction. 3) Unless otherwise stated, the Contractor shall maintain continuous access to all commercial developments and businesses within the project limits, including store and restaurant entrances, and drive approaches, unless the Contractor has obtained the approval of the Engineer to close either such access or drive approach. 4) No stockpiling of material and construction equipment in or on public streets or sidewalk will be permitted on this project. Material and equipment placed in or on public streets, sidewalks and in the construction area shall be used the same day. 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. SPECIAL PROVISIONS 8-7.01 CHARACTER OF WORKERS If any subcontractor or person employed by the Contractor shall appear to the Engineer to be incompetent, intemperate, troublesome, or acts in a disorderly or otherwise objectionable manner, he shall be immediately discharged from the project on the requisition of the Engineer, and such person shall not be reemployed on the work. If said individual has an ownership interest in the contracting entity, the Engineer will serve written notice upon the Contractor and the Surety providing the faithful performance bond, in accordance with Section 5-4, "Default by Contractor," of the Standard Specifications, demanding complete and satisfactory compliance with the Contract. 8-9.01 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 interruption 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 for the Engineer, a condition exists which the Contractor has not taken sufficient precaution of public safety, protection of utilities and/or protection of adjacent structures or property, the Engineer will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the Engineer, or in the event of an emergency situation, the Engineer may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor. SPECIAL PROVISIONS 4 EXHIBIT C BIDDER'S PROPOSAL 'l BIDDER'S PROPOSAL The undersigned submits this Bid in response to the Notice lnviting Bids issued by the City to construct the Work ol the following Project in accordance with the Contract Documents: PROJECT: Equippinq Well No. 21 and Belated Work Site A. Enclosed herewith and by this reference incorporated herein and made a part of this Biddeis Bid are the lollowing completed lorms: 1, Bidder's Proposal 2. Schedule of Bid Prices 3, lncumbency Certificate 4. Bid Security in the following form (check one): ! Cashier's Check D Certified Check 5. Bidde/s Statement ol Oualifications 6. Experience Form 7. Statement of Violations of Federal, State or Local Law, if applicable 8. Specialty Conlractor Statement of Qualifications 9. Contractor Salety Queslionnaire 10. Designation ol Subcontractors 11. Contracto/s Atfidavit of Noncollusion 12. lnsuranceRequirementsAffidavit '13, Statement of Disqualification or Debarment. 14. Pre-Bid Site lnspection Certification, B. Acknowledgment ol Addenda. The Bidder shall acknowledge the receipt of all Addenda by attaching a signed copy ol all Addenda, and by listing all Addenda received and attached in the space below. t If an Addendum or Addenda have been issued by the City and not attached and noted above as being recelved by the Bidder, the Bid may be rejected. C. lnspection otthe Work and Contract Documents. Bidder cerlifies that it has carefully examined and is fully lamiliar with all of the provisions of the Bidding Documents and said Bidding Documents contain sufticienl detail regarding the Work to be performed; that it has notified City of any errors or omissions in the Bidding Documents and/or any unusual site conditions; and that it has carelully checked all words, prices, and Page 2d 42 G4u./^"-ilh-\ C"^ t\,-^.\t".t - ---JXl Bid Bond I I Cash statements in this Bidding Document. Bidder hereby certities that he/she and his/her Subconlractons have inspected the site and related Drawings and Specilications of Work and fully acquainted thernselves with all conditions and matters which may in any way atfect the Work, time of completion or the costs thereof. Bidder also ceftilies he/she has observed the designated Contraclor Work areas and access routes, il disclosed or shown, as part of the Work in this Contract, SITE INSPECTION - CERTIFICATION: Person(s) who irtspected site of the proposed Work for your firm: D. Bidder agrees that all costs of Work shown in the Bidding Documents, irrcluding work reasonabty inferable therelrom and necessary thereto, are included in his/her Bid. All Wort shown in the Contract Documenls lor which a specilic line item is not provided in the Bidding Form is included in the Bidde/s Total Base Bid Price. Bidder agrees that City will not be responsible for any errors or omissions on the pa( of the undersigned in making this Bid. E. Forfeitute ol Bid Security. Bidder furlher agrees that, in case of his/her delault in executing the required Conkact and the required bonds, or furnishing the required insurance, he money payable under the Bid Security accompanying this Bid shall be applied by the City towards paymenl o{ the damage to the City on account of such default, as provided in the Bidding Documents. F. Period of lrrevocability, Bidder agrees that this Bid shall remain open and shall not be withdrawn for a period of not less than ninety (90) calendar days kom the date of award of Contract, or until rejected by the City, whichever period is shorter. G. Bid Dispute lndemnilication. ln the event of a Bid dispute based upon the Bidde/s subrnission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising therefrorn if strch dispute or action arises solely upon the award of a Contnact in compliance witrlederal, slate, and local laws. employee of the Citv of Vernon. I hereby cenify under penalty of perjury under the laws of the State of Calitornia that the representations made herein are true and correct ExecutedttrisFb\avot .0ocr+- at @ -eA-:- Page 3 ot 42 BASE BID pursuant to and in compliance with your Notice lnviting Bids and Contract Documents relating to the Proiecl including all Addenda (attach signed copies)j Bidder, having become thoroughly familiar with the terms and conditions ol the Contracl Documents ind with local conditions affecting the performance and the costs of the Work at the place where the Work is to be done, hereby proposes and agrees to fully perlorm the Work within the time stated in strict accordance with the Contract Documents (including the lurnishing of any and all labor, materials, tools, expendable equipment, and utility and transportation seruices necessary to fully pedorm the Work and complete it in a workmanlike manner) for the total Base Bid sum ol: SCHEDULE OF BID PRICES PROJECT: Equioping Well No.21 and Belated Wort( Site BIDDER'S NAME:,Y1C Iteni No. llem Ouantity Unil Price Total Cost 1 Mobillzation LS $$ ?o,ts.- 2 Grading, Site Work, and Shoring 14,275 sF $ /.vv $ thf?f,,- 3 Onsitc Base and AsPhalt Paving 12,r90 sF 3 f.z $ /t, tgt.- 4 Onsite Concrete Curb and Gutters 330 LF $ 27.-$ C1/0.' 5 A" Welt Blow Off Piping including Valves, Fittinqs. and Hestralnt Fittings 30 LF i ??r.'$ 2rr tlto.' 6 to" Welt oischarge Piping lncluding Valves, Fittings, Bestraint Fittings, Miscellaneous Aoourtenances and Tie ln Connection 215 LF $ Zto.'$ ulryn. 7 -wdl Pump and Motor Assembly per Plan and Specifications LS $$ )?o,fr.- 8 Well Head Concrete Work and Pad LS $$ (1wt.' I ffiAirtineforwater level scnsinq LS $$ 2, urt-- 10 Well Packer including inflation and deflation swl€m and line to Packer LS $$ h3, lto.' 11 Translormer Slab Box LS $$ fiy/0- - 12 S€wer PlPlng (4" and 5"), cleanouts and connections 270 LF $ /0.'$ l4 2to' 13 Eye Wash Station 1EA $$ 5-, fr,- 14 ffidBuildingforon' Site Disinfection 49 SF $lo,-s a, 2y'0.- 15 Prefabricated Building LS $$ J O, ittq.' 16 Electrical Conduit, wire, and grounding LS $$ ?ortty.' 17 Well Main Swiichboard and MCC LS $$? frd1D'- 18 SiEe Wallq Curb and Gutter, and Driveway Removal and RePlacement 595 SF $ t/,'$ ?,5^20-' 19 lnstall 1 Yz" Water Service Piping and Meter LS $$ //r tD .' 20 Two - 1" Analyzer Lines LS $$ L tllt.' 21 Two - 1" Chlorine lnieclion Lines LS $$ ),?10.' 22 SEinlection System including analyzcr, meterino iniections gumps and 160 gall tank LS $$ /8fi ne 23 Pressure Gage and Transmitter Asse-frS-LS $$ ?/"o'' Page 6 ol 42 i t i s tI a ! I l I I I It 24 Transfer Switch 1EA $$ Ut/n.- 25 SCADA System & lnstrumentation LS s $/{ 3n.- 26 Generator Receptacle Panel lEA s $ ?ASO 27 Mlscellaneous Electrical work including but not limited to Lights, Switches, Receptacles, etc. LS $s 4/?n.- 28 Demobilization LS $0rtu''5 [1 rd.' 29 BMPs and NDPES Permit Compliance (SWPPP)LS s t\@.. 30 Low lmpact Design Elements: Bloretention with Underdrain Desiqn LS s )$ r2(.-$28, r*t- 31 Concrete Valley Gutter 125 LF $ ?o''$ lh LfL.- 32 Wrought lron Fence 30 LF $ w,'$ (tu -- 33 Wrought lron Gate .I EA $$ l0/r4l 34 15" Blow off Drain PipE and Catch Basins 2OO LF $ fl.?f $ /4180 .- 35 Landscaping lrrigation, planting and construclion LS $$ 3, rfr.' 35 Landscaping and irrigation system design by California Licensed Landscape Architect LS $$ f,,f,u.- 37 Optional Bidllem-- C!'nc,ryteSitq P.qving4 ..12,1e9 SF $ 9,.$ ??.520. n< n ;Zb J Zh.t t</ H tr'kvritrlqrq*rAl p R I c E $ 19 \ttjt is understood that the foregoing quantities are only and are solely for the purpose of facilitating the comparison of bids, and that the Contractor's compensation will be computed upon the basis of the actual quantities in the complete vyork, whether they be more or less than those shown. All other work items, labor, materials, tools and incidentals which are not specilically listed in the above bid ilems, but are necessary to complete the project per specifications, and all other applicable standards and codes are considered to be included in the above bid items. lf there is a difference between the amount shown in words for a bid and the amount shown in numbers, the amount in words shall have precedence. Bidder shall exclude the cost of Permit Fees from Bidder's Base Bid sum; Base Bid sum shall include the cost of dministration and coordination of Governmental Approvals and utility Fees. (written dollar amount) (dollar amount) Dorrars ($//gf qrfl. -) HqBbzL{ License Number (SEAL - if Bid is by a corPoration) of Cerlified or Cashie/s Check or Bid Bond Page 8 ol 42 PUMP STJBMITTAL FORM A complete pump equipment submittal includiug, but not limited to all calculations, drawings specifications, product data, samples, manuals, rcquest for substitutes, and spare parts shall bt documented using this form. At the time of Bid, the Contractor must submit a conrplete puml submittal per Specification Section 1300 and 15130 requirernents. If the Vertical Turbine Pumping Assembly is not NSF 61 certified, the submittals will be submitted to the State Water Resources Control Board Division of Drinking Water for a waiver request under the Section 64551.100 Title 22 of the California Code of Regulation. H the waiver request is not granted by State Water Resources Control Board Division of Drinking Water, the bid will be rejected. t. 2. 4. 5. 6. 7. 8 9. 10. I t. 12. 13. 14. r5 t6 t7. t8 19. 20. Page 9 ol 42 The undersioned herebv certities to the City of Vernon that he/she is the duly elected and acting Secretary of Envrvonrnr. *al Ceyrrix-rC{uP,C- (the'Company''), and that, as such, hdshe is authorized to execute-th@behatfofihecompany,andfunhercertifiesthattheperSonSnamedabovearethe duly elected, qtiatitieO and acting officers of the Company, holding on the date hereo{, the titles and positions set forlh opposite their names and are authorized to sign the Bid Forms. INCUMBENCY CEBTIFICATE Print legibly lhe names and title of the president and all otlicers of the Company who are authorized to sign the Bid Forms: PRESIDENT'S & OFFICERS' NAME: Fr 'd Se,r ri €arid Sn ,di Ta(iot Sce, .d i TITLE: Page 10 ol 42 CALTT ORNIA ALL-PIIRPOSE CERTIF'ICATE OF' ACKNOWLEDGMENT Slate of Califomia counry "t/as /rgh/" OL,L>C-2)llneforeme, personally appearecl I certify underPENAITY is true and correct OF PERJURY under. the laws of the Sfate of California ttrat the foregoing paragraph who ploved to tne ou the basis ttre within instrunont and ackn 'capacityld),andthatbyhislphpnsignature(s)ott whioh thL p erson(.*/ acte( executed the instrumenl ALAN SAFAEI Commlssion # 2008404 Notary Public - Galifornia Los Angoles County Comm. Expires Feb 23, 2017 WIINESS mY hand and offi.cial seal' ADDMONAT OPTIONAI IDTFORIVIATION INSTRUCTIONS FOR COMPLSING TEiS FORM . I}rc notry Putilic iDust PriDt his s or ber coromissjou bUoucd !Y a comun . Priut the mm{s) of dooumcui 6 timc of DotarizEtio . iLe corDty clcrk a iAati-rt inforroation is aot rcguircd brt codd bclp to asura 6is € € tla - R^-'-tr, -H^L +1'i! ,{^.tti.'rf tn lh. cimal domtmxt CAPACIIY CT,AIMED BY TIIE SI6{ER tr Individn"lG) D CorporataOfrou flIifl!)tr Pafia(s) tr Aromey-in-Fact D Trusteds) E Other Page 11 of42 Bond No,: II /APremiumAffiil;;;;fil;;;;r l l I I I I 2. In response io ttre Notice lnviting Bids' BID BOND HECITALS: The City ol Vemon, Calilornia (tig), has issued a Notlce lnvltlng B'rds for the Work described as lollotrs: Specilication No. cS4484'Equipping Well 21 and Related Site lmp1vernenb_in Vemon, CA, (?roject"). 21550 Oxnard Street, Ste. 1050, Woodland Hills' CA 913q ('Prinoipal"), has subrniffed tre accompanying B'ri lor the Proiecl Principal is required underlhe terms of lhe Speciticalion-and all Bldding Documents refererrced in it--to lurnish a bond wlh lhe Bid, The Specifrcatlon, including alt its amendmenls and supplements, and Principal's Bid are incorporated into this Bond and made a paltof h by thb relerence. OBLIGATION: TH EREFORE, for value received, We, Princlpal and Vigilant lnsurance ComPanY ne ol suretY) ("SuretY"), a duly admittad surety insurer under Calibmla's laws, agree as follows: The California Lhensed Resident Agent lor Surety is: iinnr"fJbrrety and lnsura-nce Serviies, 151 Kalmus Dr., Ste' A-201, Costa Mesa, CA 92626' (Nammddresc and lelePhons) T: (714) 546-5100 Registered Agent's Califomia Department of lnsurancr License $'lo' 0845331 fions aPPIY to this Bond: L Surety,s obligations r-nder ihls Bond are leparal91 independent fmm, and not contingeflt upon any olher-surely's' ir"""rimii-.g ffi i,p., city,l|*Luhg rr. ccirinactio pitriclpat, the Prirrcipalwillenter inio the contrac't with citv. ?. lrlo right of adion accrues on his Bond to any entity other than City or its suocessors and assigns' B. lf an action at law or in eqrriiy is necessary h sdorce or interpret this.Bond's lerms, Surety mud paY-- In addltlon to tha-' ilonifrU Sgm- City's ,aa|uiaUfe irfom.yr' fees ard llligation cosls, in an amounl th€ c.gurt lixes' 4.surotystnllmallCltywrittennoticeatlqas!.3o_day.lbafore;(a).the-efet.]1sP^?lylichtheSuretywillcarrcel, fe-mfiafe, or withdraw Ircm this Bond; or (b) this Bcnd becomes void or uneilqrc€abp tor any rea6on' On the data sel forth bdow, Principal and Surety duly executed tris Bood, with.the name of each party iii*irrg t-rfil ano signoA6yitl reiresentaUve(si undir the authority of its goveming body' Page 12 of 42 May 20, 201 5 Date: PRINCIPAL: Environmental Construction, lnc. SURETY: Vigilant lnsurance Company nr, Resid.ant ',r' AttorneY-in-Fact (Iitle) fiitle) Address for Serving l{otkns ot Oher lhcumerfs:Address lor Serving llotkrs or Oher Oocurnents: 15 Mountain View Road, Wanen, NJ 07059 -.,{btnpany Name) (Signatute) Shawn Blume CORPOSAIESEAL HNtrfrE UIIfiI BE ATqACIED tr IIE AINNHN tr NY ftRsr,,I $G,VNG AS ATIOFAEY.'IJ.FACT. TIE ATIORItrII+,1+AC]"S ggtlAn EE till9f #' lnfAfEED. A tr/trORAtE ff AL lfrtgf BE [rmEssE0 oil, flds ruRM ll/ItEN'tlE PWfilPAL, OB flE glRETv, @BOlt+AREAcoF,F0BATK,/l{, CORPORA]E SEAI Pege l3 of 42 STATE OF CALIFORNIA ) soxi nffiNowLEDGtlE[r FOR SI,l FETY'S ATTORNEY.IN.FACT couNry o, see attacneo I ss' before me, (narne)' a Notary Public for said Counly' personally appeared (narne)' who proved lo me on the bas's of satisfactory evldence to be the penson wtose name's subscribed lo thls instrument as the atlorney On tris - day of 20----- in lact ol name of attomey in fact, I certify under pENALTy OF PEBJURY under the lmus ol the State of Catifornia that lhe foregoing paragraph h true md conect. Notary Public EEAL and aclmowledged to rne that hdshe subscdbed the thereto as principal, and hisfte own name as Page 14 ol 42 .l CALIF ORNIA ALL.PI]RPO SE CERTIFICATE OF' A.CIC{OWLED GMENT State of Califomia counry t As 4^4fy'^ ot f- z-. ?oli beforemq personally zppeared' fr?t'/) So&tuDt ' wlro proved to me on the basis of satisfactory evidencre to be the person@) whose nanes) lsln*+ subscribed to .ttrewitnininsrumentandacknou,l"-,###T.,fl ffim,,H:',il:"i,ffi ffi ".n#ffi itHffi :1 e inskument i certir] under pENAITY OF PERIURY under the laws of ttre state of california that the foregoing PaxatraPh is true and oorrect ALAN SAFAEI Commission # 2008401 Notary Publlc - Galllornia Los Angelss County Comm.Feb 2011 o{obry SeBl) A]DDMONAI OPTIONAI IMORMATION DESBIPTION OF TI{B ATTACHED DOCUMENT Number of ?ages - Documeut Date- (Additioaal idomation) INSTRUCTIONS FOR COMPLETING TIIIS FORM rmst also be tbe smra dato tle acloowledgrocnt is couplctcd' . The notary public must s or hcr oommission foilowed bY . ?rigt i5a aarrds) of do time of noarization. 6o couty clak €. laaitional irformation is not rcquirtd b$ could help to asuo this a-. BA o Smrralv altac[this ilocuEeEttothe sipcil dooreot CAPACITY CLAIMED BY TIIE SIGI{ER D Ildividual G)E Corporaie Offcer D tr tr tr (Iide) Partoeds) Atiomey-in-Fact Trustee{s) Other i I I ! I I I I I I I I I I I I I I I I I I I I I I I i I I l I I I I I I I I I I I CAIIF'ORNIA AILPIIRPOSE ACKNOWLEDGMENT CIYIL CODE 1189 A notary public or other olfioer completing this oertificate verifies only tlie identity of the ildividual who signed the document to which this certificate is attached and not the tnrd:firlrcss, accuracy, or validity of that docrunelrt. Barbara Copeland , Notary Public, Shawn Blume Nam(s) of Siper(s) who proved to me on the basis of satisfactory evidence to be tho persou(s) whose narne($ is/a*e subscribed to the within irutrurnent and aclorowledged to rne that he/shtlthey executed ttre same in hisihcrltbeir authorized capacity(ies), and t}at by his/Ienlttcir signature(+) on ttre instrurnent the person(s), or the entity upon behalf of rvhich the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY uader the laws of the State of California that the foregoing paJugaph is true and correct. BARBARA COPELAND Commisslon # 2016348 Notary Public - Caliiornla Orange CountY WTINESS m1fraad and of;ficial seal. sigr*"M Siguature ofNfry Public PlaceNotary SeaI Above OPTIONAT Thoug! the information below is not re4uired by law, it rnay prove valuable to persous relying on the docnmeut and could present fraudulent and reattachanent of this form to auotler docunent Description of Attached Document Type or Title of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s)Capacity(ies) Claimed by Signer(s) Signer's Name: tr naviaua E Corporate Officer - Tifle(s): E Partner: nlimiteO E Geueral I Atorney in Fact E Tnrstee Shawn Blume Signer's Name: E rnaiviauat E Corporate Officer - Title(s): E Parurer: nlimited n General fl Attomey in Fact E Trustee E Guardian or Conservator E Cruardian or Conservator E other:E other: Signer Is Representing:Signer Is Representing:. Rev. 1-15 State of California Cor:nty of appeared Federal Insurance comPany Vlgllant Insurance ComPanY Pacifl c IndemnitY ComPanY 15 Uountain View Road Warrcn, NJ 07059 Attn: Chubb Surety OF ATTORNEY Know All by Ttrs lNsuRANcE CoMPANY, an lndiana corporation, VIGILANT INSURANCE coMpANy, a New y NDEMillw coMPAt\lY, a wisconsin corporation, do each hereby constitute and ippoini Stawn Etu Hoang and ltl art Rlchardson of Costa [Uesa, Callfomia------'-- instumenb amendjng or dEdng the same, Jnd cooserts to ttl; modificat'ron q alleratbn of any instrument relbJled io in sad bonds d oblEat'om' tn vyitn*s whereof, sard FEDERAL tNsuRANcE coI$pANy, vtG[ANT tNsuRANcE coMpANy, and pActFrc rNDEill{lTY corrlPANY have eac$ execuled and atteslEd on this 26th aay of AUgUSt 2010 betore me, a Notary Public of Nafl JeBEy, Penonally came Kenneh C. Weodel, to me knorvn to be Assisrant secrsary otieoE-neu lNsuMt{cE coMpANy, vt'cttAur nsunmci ooMPANY, and PAClFlc lNoEMNlw CoMPANY, th€ companies which sxecuied h6 bregoing pouer of Attomey, 8nd tle said Kenneth c. wendal, being by mo duty sworn, did depose and E y thet he is Assistant secretary of FEDEML tNsuRANcE COMpANY, vlGilANT tnsunaNce coMpANy, rrd pACtFtC tUOgtl/lltw CoMPANY and knou6 ihe corPorate seals thereof' that tie seals affxed lo the br€oing ths By- Laws of said Companles; and that he signed seil Power of Attomey as Assidant . Nords, Jr., and knows hlm to be Vlce Pr€sidenl ofseid ComPanie6: and thatlhe sEnature handwriting of Davil B. Noris, Jr., and !i/as therEto subscribed by authority of said By- CEBdracl fom the Bf Laws thBse presents and afixed their corPoEite seals on iils 25th aay ot AUgUSt, 201 1' STATE OF NEWJERSEY $. Cor.nv otSornerst La rB and in deponent's PrEse0ce. Notadal Seal KATHERINEJ. ADEUAT NOTATY ruBUCOF NEWJFXSN No.23166E5 Ccflt nirdsn ligirrr.t b llr,?OL CERTIFICATIOiI @MPANY, VlcllAlff INSUMNCE CO{VIPANY, and PACIFIC INDEMNITY COMPANY: all porrers ot attorney 'of and on behalf ot lha company may and shal bc erccuted in lhe name arld on behalf ot he GomPany, eilher by the chaimal or ihe pBsidsnt or a \rtca noioot o|' an Asststant vice pr&ldei,f, jolnry wlh $e Sgoabry or en Assbtsnt Secr€tary, uftter tpir respcc{ive designatibns- The slgnatur8 of sudt qffco,3 may be engaved, prinEd or tithoorapheA. fire st €Utr of eadt of tha fulloiling oflic.rs: Chairman, Prresidlnl any vlce Presid6nl' any AsCslanl Mca Presldent erry SeqEtary, any As8lstant Sesltary and h0 cerlificate telathg thereto eppointing AssiEEnt SeqEtstieE or Atonep- in' tr,Iitnos obligabry in he natrre th€reof, upm the Compary and ary sJch Pot{s ydlh respod to any bond or underlaking r, Kenneth C. Wendet, Aa3ishnt s*retery ot FEDERAL INSUMNCE COI\,IPANY, VIGILANT INS{ RANCE COMPANY, and PACIFIC INDEMNITY COMPAI'IY (lhe'Companies') do herery oettiry bat 0)(D ofthe Unlted Shtes ofAmertt and the Distrkt of Columbla ard arE ln PuErto Rl@ arl(t the U.S. Vrgin l8hnds, and Federal b ticensed in lsland; and (iii) hc hrEgdng Porc. of AiforE!, b Uue, cofiec{ and in full brEe and 6frcl' clven unGr my hend and seals d sald companies at Wbffpn, NJ trls 20th dav ot May 2015 IN THE EI/ENT YOU WISH TO NOTIFY US OF A CI-AIM. VERIFY THE AUTHENTICTTY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTE& PLEASE CoNTACT US AT ADDRESS USTED ABOVE, OR BY Telephone (908) 90& 3493 Fax (908) 90& 36s5 Form 1$10-02258- U (Ed. 5- 03) CONSENT BIDDER'S STATEMENT OF QUALIFICATIONS ORGANIZATION'1.'1 How many years has your organization been in business as a Contracto n *. 1.2 How many years has your organization been in business under its present nameZ ( I 1.3.3 1.3.4 1,3.5 1.4.1 1.4.2 1.4.3 1.5.1 Date of organization: il /A- 16 1.5.2 Name ol owner: LICENSING List jurisdictions in which your organization is legally qualified to do business, indicate registration or license numbers, and category of iicense, if applicable. Z. 2.1 1.2.1 Under what other names has your organization operated? 1,3 lf your organization is a corporation, answer the following: 1.3.1 Date of incorporation/organization: [L"r - t a -],,wrul 1.3.2 State ol incorporation/organization: C alibrrirq Corporate lD number: >T,)(;+l(t Name of President G .d Se. ,, ,.1 i Agentfor Service of Process: F ,/ 3-,"u" 1.4 ll your organization is a partnership, answer the following: Date of organizatioMormation, \J /A- Type of partnership (if applicable): Name(s) of general parlne(s): 1.4.4 List all states in which you are registered and state ID numbers for each: 15 lf your organization is individually owned, answer the following: lf the form of your organization is other than those listed above, describe it and name the Page 15 of 42 2.2 \ +Bra((},a-?/ H,"2,,' >b List jurisdictions in which your organization's partnership or trade name is tiled, List any licensing suspensions and/or violations assessed against your organizalion within the past five years. EXPERIENCE List the categories of Work that 3. 3.1 perconnet.-4l/ €rcqf w S.2 On the Experience Form, lisl the project information that establishes that Bidder meets the essential requirements for qualification set forth in lhe Mandatory Qualifications paragraph of the Notice lnviting Bids for this Project, 3.3 Have Subcontractors for well or eleckical work complete the Specialty Contractors' Statements of Qualifications (or Bidder to complete if self-performing). 3.4 On a separale sheet, lisl usiness has been awarded a government conlract Since in existence (giving the name ind address of he project, name and phone number, the contract amounl, and contracfs $arting date and ending date). g.5 On a separate sheet, lbt the experience and present commitments of the key individuals or your organizanon. }e.?,_. Arl+"d^LCr: B,.xh', D'f 3 5 CLAIMS; LAWSUITS; ORIMINAL ACTS For the following questions, the term oowne/' does not include owners ol stock in your firm it your firm is a publicly-tnded corporation. 4.1 ln the past five (5) years, have, you, your firm or any ol its owners, partners, officers, or employees been a delendanl in court, or participated in an arbitration or mediation, on a matter related to: 4,1,1 The pedormance, non-performance, default, violation, or breach of a contract or agreement? tr ves Ano 4.1.2 A vehicle mllision or accident involving your firm's employees? Puge 16 of 42 2.3 43 tr ves E'r.ro 4.1.3 Damage to real propety arising out of your services or operations? Eyes EHo 4.1.4 Employment-related litigation brought by an employee of your firm? Eves ts no 4.1.5 Payment to a subconkactor or supplier? trves XHo 4.1.6 Defective, deficient, or substandard work? trves E*o ll the answer to any questions in 4.1 . l to 4.1.6 is YES, idenlily the name of the person or entity that sued (i.e., "the plaintiff") or was involved in the mediation or abitration; list the date, court, court address, and case number; describe the facts and circumstances giving rise to the lawsuit, mediation, or arbitration; and set forth the outcome or disposition. Attach additional sheets as necessary. Have you or your firm ever filed a claim for damages or a lawsuil, or rEuested arbitration or mediation, against a govemment entity or a Glient? E yes Kuo lf YES, identify the govemment entity or client; list the dale, court and case number; descnbe the facs and circumstances about the claim for damages, or the lawsuit, or both; and set foilh the outcome or disposition. Attach additional sheets as necessary. Are there any pending or outstanding judgments or liens against you, your firm, or any of its owners, partners, officem, or employees? ! vss d. *o If YES, identify the name of the person or entity entitled to payment; list the date court and case number; describe the facts and circumstances giving rise to the judgment or lien; and set forth the amount of the judgment or lien. Attach additional sheels if necessary. ln the pasl five (5) years, has any govemment entity ever: (a) invesligated, cited, disciplined, or assessed any penalties against you, your firm, or any of its owners, panners, officers, or employees, or (b) determined or concluded that your firm or any ol its owners, partners, officers, or employees violated any laws, rules, or regulations? E vrs .8. lro Page 17 ol 42 lf YES, identify the govemment entiiy; list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary' ln th or emp ct, the awa("Co nolo contendere, or a forleiture of bail.) E Yes lf YES, identify the govemment entity; list the date, court and case number; describe the facts and circumstances about each inslance; and set forth the penalty or punishment imposed. Attach additional sheets as necessary. ers 0r ry, records tr ves dno ll YES, identify the crime or offense; list the date, courl and case number; describe the facts and circumstances about each instance; and set lorth the penalty or punishment imposed. Attach additional sheets as necessary. Have you or, if Bidder is a corporation, any principalof the corporation ever been convicted ol a felonf trves ffuo lf YES, please explain the details ol that conviction and, if so, whether you or said officer have served his or her sentence. ln the past five (5) years, has a gove uded that you, your firm, or any of its owners, partners, o mitted a false claim (including a false claim for payment), ation? trves E ruo lf YES, identify the government enlity, and describe the facts and circurnstances about each instance. Attach additionalsheets as necessary. Have you or your company ever been charged by any governmental agency for lailure to fotlow safety procedures? lf YES, please explain. {*o 4.6 4.7 49 tr ves D4 NO Page 18 of 42 4,1.0 Has any governmental agency ever submitted a complainl against you or your firm to the California State Labor Commission for failure lo submit ceftified payrolls? lf your answer is Yes', please provide the details of such complaint. Eyes .EI Ho 5. FIBM'S OPERATIONAL STATUS 5.1. ln the past seven (7)years, has your firm, or anyone else acting on behalf of your firm, filed for bankruptcy, insolvency, receivership, or reorganization? xves E Ho lf YES, list the tiling date, identify the court and case number; describe the lacts and circumstances giving rise to each instance; and set lorth the disposition or current status. Attach additional sheets as necessary. 5.2. ln the past five (5) years, has your firm had an consolidations, mergers, acquisitions, closings, layoffs or staff reductions? n ves (ro If YES, list the liling date, and describe the lacts and circumstances about each inslance. Attach additional sheets as necessary. 5,3. ls your firm in the process ol, or in negotiations toward: (a) consolidating, merging, selling, or closing its business, or (b) laying ofl employees or reducing staff? trves X*o ll YES, describe the transaction; list the anticipated date for completing the transaction, laying olf employees, or reducing staff; and describe the facts, circumstances, and reason for taking the action. Attach additional sheets as necessary. 6. BIDDING;DEBAHMENT;CONTRACTPERFORMANCE 6.1. Has a govemment entity ever debarred, disqualified, rernoved, suspended, or otherwise prevented you or your firm from bidding on, contracting, or completing a construction project? E ves f,uo ll YES, identity the name of the government entity, list the date, and describe the facts and circumstances about each instance, and state the reason for the govemment entity's action against your firm. Atlach additional sheets as necessary. 6.2. Has a govemment entity ever rejected your lirm's Bid or Ploposal on the ground that you or your firm is a "non-responsible'bidder or proposer? Page t9 ol 42 E ves X*o ll YES, identify the name of the government entity, list the date, describe the facts and circumstances about each instance, and state the reason or basis for the government entity's determining that your firm was a'non-responsible'bidder. Attach additional sheets as necessary, 6.3. Have you or your firm ever failed to fulfill or pedorm - either partially or completely - a contract or an agreement with a govemment entity or a client? Eves E Ho lf YES, identify the name of the govemment entity or client, list the date, and describe the Iacts and circumstances about each instance. Atlach additional sheets as necessary. 6.4. ln the past live (5) years, have you or any oflicer or principal ol your firm been an oflicer ol another firm which failed to perform a contract or agreement? D vEs (ru0 lf YES, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.5. Has your firm ever advised a government entity or a client, while your firm was under contract with the government entity or client, ffrat your firm could not (or would not) lulfill or pertorm - either partially or completely - the contract or the agreement based on the prices that your firm had originally submitted in a Bid or a Proposal? JLl YES ANo lf YES, list the date, i'dentify the name of the government entity or client, and describe the facts and circumstances about each instance, Attach additional sheets as necessary. 6.6. Has your firm ever requested a government entity or a client, while your firm was under contract with the govemmenl entity or client, to renegotiate ona or more terms ol the existing contract or agreement? tr ves f,to lf YES, identity the name of the government enti$ or client, list the date, and describe the facts and circumstances about each hstance. Attach additional sheets as necessary. 6,7. Has your firm ever requested a government entity or a client, while your firm was under conhact with the govemment entity or client, to: (a) cancel the contract or agreement, or (b) release or discharge your firm form the contract or agreement? ! ves Eruo P'age 20 ol 42 lf YES, identify the name of the govemment entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.8. Has a govemment entity or a client ever terminated, suspended, or non-renewed your firm's contnacl or agreement before its completion? tr ves .E'*o lf YES, identify the name of the govemment enlity, llst the date, and describe the lacts and circumstances about each instance. Attach additional sheels as necessary. 6.9. Has a government enlity or a client ever notified or advised your firm that your firm's performance under a contract or agreement was poor, sub-standad, deficient, 0r non- compliant? \-a L-I YES EJ. NO lf YES, idenlily the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6,10. ln the past five (5) years, has your firm paid, or has your firm been assessed, liquidated damages on a contract or agreement? D ves Xlro lf YES, identify all such contractdprojects by owner, owne/s address, the date ol completion of the project, amount of liquidaled damages assessed, and all other information necessary to lully explain the assessment or payment ol liquidated damages. Attach additional sheets as necessary. 7. INSURANCE AND BONDS 7.1. ln the past ten years, has an insurance company or a surety company: 7 .1.1 . Befused to insure your firm for liability coverage? I yes Eruo 7 .1.2. Canceled o nsurance coverage? 7.1.3. Rerusedro (lro EHo 7.1.4. Canceled o by your firm? Xro Page21 ol 42 7.2 lf the answer to any questions in 7.1.1 to 7,1.4 is YES, identify the name of the insurance company or sulety company, list the date, and describe the facts and circumstances aboul each instance. Attach addition sheets as necessary. ln the past ten (10) years, has company made any payments on yourfirm s behalt as claims against a performance bond, payment bond our lirm's behalf? tr ves lf YES, identify each contract completed the name and telephone number of the clairnant, the date, the claim, and il resolved, lhe method, nature, and amount dition sheets as necessary. SURETY8.1 lf a perlormance and/or payment bond is required by this bid, identify the bonding company if anangements for the bond have been made; if not, identify the bonding B2 Name and address ol agent ?l.l Alb - S/oo - Sh a)))c\ filvrn< All of the above statements as to experience, financial qualifications, and available plant and equipment are submitted in coniunction with the proposal, as a part thereol, and the truthfulness and accuracy of the inlormation is guaranteed by the Bidder. I hereby certity under penalty of periury under the laws ol the state of California that the representation made herein are true and correct. Signature ol Bidder Pryel2ol 42 BIDDER'S Equipping Well No. 21 and Related Site Work sPEcrFrcAflonNo. _ c s - m84 EXPERIENCE FORM PROJECT NAME: COMPANY NAME: "'Please use additionalsheets if necessary lnviting Bids Ior lhis Projecl, CONTRACT CONTBACT CONTBACT CONIACT PHONE NUMBERSTART DATE END DATE PROJECT NAME ADDHESS CONTACT NAME qirqornto +51-ofb5 All of the above slatements as lo experience are submitted in coniunction with the proposal, as a part lhereof, and the truthfulness and accuracy ol the inlormalion is guaranteed by the Bidder. I hereby certify under penalty of perjury under the laws ol the state ol Calilornia that the represenlation made herein are true and correct. Signature ol Bidder. State ol Calilornia Contractor's License No. \ qUr>q Print name: Contractor's LicBnse expiration date S4oouC-rUn ) l-v' ,/ DeikI ?,rb;n a{n a,.46 Prgc 23 ol 42 CONTRACTOR SAFETY QUESTIONNAI R E Penson Completing Form: Vrn ,T ngr Z ;ctr-.., Phone Number. 8Z 4clQ ?aZtt oate: Cf)ard E{?,}zol5 SAFEW PERFORMANCE List your compant's lnterstate Experience Rating Modifier (ERM)1 lor the three most recent years. List your comparry's number ol injuries/illnesses from your OSHA 300 logs for the three most recent years. 20 _20 l? 2o)2 Title: 1. 2. a. b. c. d. e. c=-.6'(\ (> rSB,oDJ t No e). Training Plans f). Training Certificates for Employees g). Emergency Response Training Company Name: Primary Type of Work: Fatalities OSHA recordable incidents Lost work day incidents Totallost work days Totalhours worked please provide copies of the lollowing ilems (a-g); and ltems (d-g) for each listed Subcontractor a), OSHA 300 logs for the most recent three years and cunent year-todate b), Verilication ol ERM from your insurance canier c). lnlury/lllnessReport d). Complete written Safety Program Company Safety Contact: a. Name ffiolngl I hzpnl t b. Phone ?h 2{Lr bbq\ I ERM = applies to workers' compensation policies. lt compares the experience of this contractor to ohers of similar size, type and ratio. Used against annual premium. lt has a direct conelatbn to how much the contractor pays in workers' comp premium. Page24 ol 42 C0NTRACTOH SAFEW 0UESTIONNAIRE (continued) SAFETY PROGRAM SAFETY PBOGRAM DOCUMENTAIION a. Do you have a written satety program manual? 1)Last revision date tc / l.S/Z ol1 b, Do you have a written safety field manual? c. Are allworkers given a booklet that contains work rules, responsibilities, and other appropriate information? POLICY AND MANAGEMENT SUPPOBT a. Do you have a safety policy statement lrom an officer of lhe companf b. Do you have a disciplinary process for enforcernent ol your salety program? c. Does managemenl set corporate safety goals? d. Does executive management review: I Accident reports? EI Satety statistics? Ehnspection reports? e. Do you safety pre-qualify subconlactons? f. Do you have a written policy on accident repoiling and investigation? Do you have a lighlduty, retum-to-work policy? ls safety parl of your superviso/s performance evaluationZ GD ruo Do you have a personal protective equipment (PPE)policy? @t. Ciale One@. @ @ @ @ No No g h I @*o @.ro @il: ves@ @u. @. k. Does each level of management have assigned safety duties and responsibilities? (@ro Page2i ol 42 4 TRAINING AND ORIENTATION a. Do you conduct safety orientation training lor each employee? Do you conduct site safety orientation for every person new to the job site? Does your salety program require salety training meetings? for each supervisor (foreman and above)? How ofteq? El'Weefly ! Monthly D Quarterly @*. @*" @*. flAnnually flOtner- /^\{{gNo y'e^rrgrn tprocedures y'Audits/inspections tzl Awident i nvesti gati ondreporti n g tZ) r aining doc u m entati o n jLl Huar dous wofi Pe rm its - Subcontractor prequalification @*o @to @*o How often? Yweexly Eoaity Eotner e. Do you require equipment operation/certification training?@*o ADMINISTRATION AND PROCEDURES a. Does your written satety progftIm address administrative Procedures? lf yes, check which aPPIY: - Pre ProiecUtask Planning - Hecord keePing - Salety committees HAZCOM Zsrb.tance abuse Prevention -7fretum{o'work b. Do you have project safety committees? Do you hold tool box/tailgate safety meetings focused on your specific work operations/exposures? c, Do you conduct iob site safety inspections? How often? /JltEIt I / E oaity E Weekly EfMonthly E otner. Do these inspections includes a routine salety inspection of equipment (e.9., scaffold, ladders, fire extinguishers, elc.)? d. Do you investigate accidents? How are t[ey reported? Vlolalcompany! By project I By loreman ! By superintendent E By proiect manager @(n accor dance with OS HA e. Do you discuss salety at all preconstruction and progress meetings? @ *o Page 26 ol 42 f . Do yog per{orm rigging aryd lifting checls prior to lifting? EJFor personnel [l For equipment /lHeavy lifts (more bs-) b. What work practices are addressed by your work rules? ./WcpAnnstaia -./ El-Access+ntrances/stairs ffianicades, signs, @Respiratory protection rnd signals ,/Blastinq El4aterial handling/storage-gomminications ffiemprary heat Compressed air and gases Bffehicle safety work ! Traflic control I entry D Site visitol escoiling and hoisling WflublicProtectionElectricalgiounding I Equipment guards and grounding conirols and ! Monitoring equipment EFfammable material handling/storage El6ite xcavating urized equipment ffiersonal protective equipment @Tools,power and hand W{ectricalpower lines n otner 5. WORK BULESa. Do you periodically update work rules? . A 7 S When was the last uPdate? J5>14' l'2- t5 and signals E BJasting Occupational health El'Emergency procedures WFve protection and prevention ! Floor and wall openings Wfallprolection! [ousekeeping @{1ddersand scattolds Wechanical equipmenV maintenance/pre-op checks/ ooeralion ffiefiingand cutting (hot work) 6.OSHA INSPECTIONS a. Have you been inspected by oSHA in the hst three years? b. Were these inspections in tesponse to complaints? c. Have you been cited as a result of these inspections? @*o ve"6d) lf yes, describe the citations (add additional sheets il necessary): Pagc27 ol 42 DESIGNATION OF SUBCONTRACTORS NAME OF BIDDEB: Each Bidder must list, on the form provided on the next page, each Subcontractor who will pedorm work or labor or render service to the Contractor in or aboui the construction of the Work or improvemeni, or a Subcontractor licensed in the State of California who, under subcontracl to the Contractor, specially fabricates and installs a portion of the Work or irnprovement according to detailed drawings contained in the Drawings and Specificalions, in an amount in excess of one-half of one percent of the Contracto/s Base Bid Amount. Each Subcontractor must have an active and current license, and all requisile specialty certifications, when listed, Bidder must provide the following information for EACH Subcontractor. 1. The name of the Subcontraclo[ The trade and type of work that the Subconkactor will pertorm; Location (address) of Subcontracto/s place of business; Subcontracto/s license numbeq and any specialty licenses; and Dollar value of the Work that the Subcontractor will perform. Subletting or subcontracting of any portion ol the Work in excess of one-half ol one percent of the Contracto/s Base Bid to which no Subcontractor was designated in the oilginal Bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City setting forth the facts constituting the emergency or necessity. lf the Contractor violates any of the above provisions the Contractor may be in breach ol this Coniract and the City may exercise the option, in its own discretion, to (1) cancel this Contract, or (2) assess the Contractor a penalty in an amount not more than len percent (10%) ol the amount of the subcontract involved, and this penalty shall be deposited in the fund out of which the prime Contract is awarded. lf the Contractor tails to specify a Subconlractor, or if the C,ontractor specifies more than one Subcontractor for the same trade or type olWork to be performed under the Contract in excess of one-hall of one percent of the Contracto/s Base Bid Amount, then the Contractor agrees that he/she is fully qualilied to perform that Work himself/herself, and that he/she shall perform that Work himself/henelf. lt after award of Contract, the Contractor subcontracts any such Work, the Contractor will be subject to the statutory penalties. DESIGNATION O F SUBCONTHACTORS FORM IS ON THE FOLTOWNG PAGE 2. 3. 4. E Page 28 ol 42 DESIGNATION 0F SUBC0NTRACT0RS (continued) Please type or legibly print (attach additional sheets as necessary). Name of Subconlractor Trade and Type of Work to be Performed Business Location Uf/tfl hrfiAfctd wr/946-"2 /rr, d6Az ELQZ,,d l,t$fu6a,;6 ,effii Iu,iill License Number Dollar ($) Value ?7orff lsznfa ?" ?o2/eq7/.' 6srul qt /Y2 - Page 29 of 42 The Contractor shall not: A. Substitute any person as Subconhaclor in place of the Subcontractor listed in the original Bid, except that the City may consent to the substitution of another person as Subcontractor in any of the lollowing situalions: 1. When the Subcontractor listed in the Bid, after having had a reasonable opportunity lo do so, fails or refuses to execute a written contract for the scope of Work specified in the Subcontraclor's bid and at the price specified in the Subcontracto/s bid, wtren that wiltten contract, based upon the general terms, condilions, Drawings and Speciflcations for the Proiect or the terms of Contracto/s written Bid, is presented to the Subcontractor by the Contractor; 2. When the listed Subcontractor becomes insolvent or the subject of an order for relief in bankruptcy; 3. When the listed Subcontractor lails or refuses to perform hiMrer subcontract; 4. When the listed Subcontractor fails or reluses lo meet the bond requirements of the Contractor as set forth in Public Contract Code Section 4108; 5. When the Contractor demonstrates to the City that the name of the Subcontractor was listed as the result of an inadvertent clericalenor: 6. When the listed Subcontractor is not licensed pursuant lo the Contractors License Law; 7. When the City determines lhat the Work performed by the listed Subcontractor is substantially unsatislactory and not in substantial accordance with the Drawings and Specifications, or that the Subcontractor is substan[ally delalng or disrupting the progress ol the Work; 8. When the listed Sukontractor is ineligible to work on a public works project pursuant to Section 17Tl.1 or 1777.7 of the Labor Code; or 9. When the Gity determines that the listed Subcontractor is not a responsible contractor, B. Permit any subcontract to be volunlarily assigned or transferred or allow it to be performed by anyone other than the original Subcontractor listed in the original Birl, without the consent of the City, C. Other than in the performance of "change orderso causing changes or deviations lrom the original Contract, sublet or submntract any portion of the Work in excess of one-half ol one percent of the Contracto/s Base Bid Amount as to which his/trer original Bid did not designate a Subcontractor. Prior to approval of the Contracto/s request for a Subcontractor substitution, the City shall give nolice in writing lo the listed Subcontractor of the Contracto/s request to substilute and of the reason for the request. The notice will be served by certified or regislered mail to the last known address of the Subcontractor. fhe listed Subcontractor who has been so notified shall have five (5) Working Days within which to transmit to the City written objections to the substitution. Failure to lile these written objections shall constitute lhe listed Subcontracto/s consent to the substitution. lf written objections are filed, the City shall give notice in writing of at least five (5) Wofiing Days to the listed Subcontractor ol a hearing by the City on the Contraclo/s request tor substitution. The Contraclor, as a condilion to asserting a claim of inafuertent clerical enor in the listing of a Subcontractor, shall within two (2) Working Days after the time of the Bid Deadline, give written notice to the City and copies of such notice to both the Subcontractor he/she claims to have listed in error and the intended Subcontractor who had bid to the Contractor prior to the Bid Deadline. Page 30 of 42 6. 4. OUESTIONNAIRE REGARDING SUBCONTRACTORS Bidder shalt answer the following questions and submit with his/her Contract proposal. 1. 2. Were bid depository or registry seruices used in obtaining subcontractors bid figures in order to compute your bid? Yes n Uo Ei- lf the answer to No. 1 is "Yes', please lonrard a copy ol the rules of each bid depository you used with this questionnaire. Did you have any source of subcontractors' bids other than bid depositodes? Has any person or group threalened you with subcontractor boycotts, union boycotts, or other sanctions to attempt lo convince you to use the services or abide by the rules ol one or more bid depo-sitofies?YesE Nov lf the answer to No. 4 is "Yes", please explain the lollowing details: (a) Date: (b) Name of person oI group: (c) Job involved (if applicable): (d) Nature of the threats: (e) Additionalcomments: (Use additional paper if necessary) Was a conscious etfort made to recruit or provide equal opporlunity !9r bids by minority or project area subcontractors? YesW No EI Was a consciorc elfofi made to recruit and hire project area lower-income residents?YesE noy Please submit statement. We declare under penalty of periury that the foregoing is true and corect. 7 Dated this ?-o+Laav or CSlo.€ , 20-L5. All of the above statements as to experience, financial qualifications, and available plant and equipment are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the bidder. Name of Company , By: Page 3l of 42 SPECTALTY CONTRACTOR OB SUBCONTRACTOR STATEMENT OF OUALIFICATIONS WELL OR ELECTBICAL WOBK As part of its Bid, Bidder shall submit this Statement of specialty sub-contractor work), or lor the Bidder itself information shall provide evidence to indicate successfu to that specified in the Projecl Drawings and Specifications. a successful installer ol well or electr'rcal work. A Bid may be rejected as non-responsive if Bidder fails to provide this compteted lorm witfr the Bid or submits this lorm with inaccurate information. Specialty Contractor, or Bidder, if self.perlorming the wellor electrical work shall possess a valid C'10 and C-57 license at the time of bid submission, except as to joinl venture bidders, who shall be licensed as prwlded in Business and professions Code 70a.1 and 702ti.15 @. Workers of electhal C-'10 or well C-57 lhense shall have the appropriate special certification at the time of the Bid Deadline and at all times during performance of ttre Work and shall establish tMt it satisfactorily completed at least five (5) public contracb lor construction ol a new Well Production Facility or Waler pump Stafion in Catitomia; each companable in scope and complexity to this Proiect within live (5) years prior to the Bid Deadline. Specialty Contractor Name: Project Manager / Foreman: Phone N,o: COMPARABLE PROJECTS (Povide Requested lnformation for Five Comparable Proiects) 1. Proiect Name: Address: Date Completed: Beference / Contact Name: Reference / Contact Phone No: Description of work perlormed: Project Name: Address: Date Completed: Reference / Contact Name: Reference / Contact Phone No: Description of work pedormed: Pagel?ol 42 3. Project Name: Address: Date Completed: Reference / Contact Name: Relerence / Contact Phone No: Description of work performed: 4. Project Name: Address: Date Completed: Relerence / Contact Name: Relerence / Conlact Phone No: Description ol work perlormed: 5. Project Name: Address: Date Completed: Reference / Contacl Name: Reterence / Conlact Phone No: Description of work performed: Page 33 of 42 srATE OF CALIFoRNIA ) 2. 3. CONTRACTOR'S AFFIDAVIT OF NONCOLLUSION being first duly sworn, deposes and says: 1. That he/she is the (Title.of office it a or other proper title) of , Work; That said Bid is genuine; that the same is not sham; lhat all statements of tact therein are true; Thaf said Bid is not made in the interest or behall of any person, partnership, company, association, organization, or coporation not named or disclosed; That Contractor did not, directly or indirectly induce, solicit, agree, collude, conspire or contrive with anyone else to submit a false or sham bid, to refrain from bidding, or withdraw his/her bid, to raise or fix lhe Bid price ol Contractor or of anyone else, or to raise or fix any overhead profit, or cost element of Contracto/s price or the pr'lce of anyone else; and did not attempt to induce action prejudicial to the interests ol the City of Vemon, or of any other Bidder, or anyone else interested in the proposed Contract; That the Contnactor has not in any manner sought by collusion to secure lor himself an advantage over any other Bidders or induce action prejud'rcial to the interests of the City of Vernon or of any other Bidder, or anyone else interested in the proposed Contract; Thal the Contractor has not accepted any bid lrom any Subcontraclor or matedal supplier through any bid depository, he bylaws, rules or regulations of which prohibit or prevent the Contractor from considedng any bid from any Subcontractor or material supplier, which is not processed through said bid deposihry, or which prevent any Subcontractor or material supplier from bidding to any Contractor who does not use the facilities ol or accept bids lrom or through such bid depository; That the Contractor did not, directly or indirectly, submit the Contracto/s Bid pdce or any breakdown thereof, or the contents thereof, or divulge information or data relalive thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or ilt ilt ill ilt ilt ilt ilt called Well No. 21 and Belated Site Page34 ot 42 "sole owner,' "Partner," to any individual or group of individuals, except to the City ol Vemon, or to any person or persons who have partnership or other financial interest with said Contractor in his/her business. I declare under penalty of perjury under the laws of the State of Calilornia that the foregoing is true and correct. CONTRACTOR'S SIGNATURE MUST BE NOTARIZED Dated this Qfufd^y or ?r^ss;dr/)f- Title Page 35 ol 42 CALIFOR}I-IA ALL-PI]RPO SE CERTIFICATE OF ACKNOWLED GMENT who prove4 io me ou the basis of satisfactory evidence to be the person(.e) vlhose rama4s) jsli6 subscribed t9 .Ur" witUn insfument and aclnovrledged to me'rtrat hel$€ltj€y executed ttre sam. c :r-btsprltffi au'r-b.odzed signatuelr) ou'ihe informentthe persou@ or'rhe eniifyupon behalf of e instrumani Sta-re of California countv d /ar /r0h^1r-, h g- L(, - Z, t { before me, personally appeared I certiS underPENALTY OF is true aud oorrect. WITNESS my hand and offi.cial seal' CA}ACITY Cf,-AJMED BY TIIE SIG}.IER tr Individual(s) E CorporaieOffcu (ri60 Parher(s) Attomey-io-Fact Trusbds) PERIURY under the laws ofthe State of Califomia that the foregoiug paragraph ALAN SAFAEI Commlsslon # 2008404 Notary Public - Californla Los Angeles Coung Comm.Feb 2017 Q{ota'y Scal) tr D D tr a&tovledgnat Pqbwe a,J tsbioge does nt re4tin the e$ot"iz f.z cerffiry ihe ilooanat co$n$foprry* . SldD ad County informaion must ba the Stab Ed CoDty nAEIr frc aloqDlot sigoer(s) pcrsonally agpeaed befm tre notary public for acloo*Icdgmcut r Datc of uotari:ztion :nust be &e dao 6t frc signcr(s) pwscnally rypcared u,Licl mustalso bettro sEno datelbe aclcnowlcdgEratis coEPIEtci[ r Thc notrJ public must priut }is or hcr naoc as it appeas w:'ltin his or her coromissioa fotlovnd !y a comma aad ttreo yorr tide (aodary public). . Priut tio uam{s) of tlocumeot sigpc(s) who pasoually opP!8r at the tima of mtadzatioo. . Ioilicata to cmoct singular or Plsal fours by orosing offilcorrest forms @e. , **** r==) or circlingtbo corrcm foras. laihuoto mnecfly indico riis . Signanuo oftbe noEy Public mltst match ttrc signaire on fila witt lLe officc of tic cordy cledc * Aildfional idormat-on ir oot reguirad but sould helP to asulE ffis achowledgtrEDt is aotais$Dd or @ched to a tliftnst dooumut ., IrdicaiE title dr type of da6od docrmeor, nrmbcr of Pagss aod iho. ., Ino-cat te capacity dafud by tlo signer- If tic cJaimed capacity is a corpordE o6ctr; iDdicsEsetitle (i.a CEq cFQ SeE-tEry). INSTRUCTIONS FOR CO}ELETING THiS FORM DESMIPTION OF TT{E AITACHED DOCUMENT @ doemcot corfiinued) Nmber of Pages - Dooumeat Date- @r Other I F rorll : I SU STANTON 05121/2015 11 i55 & ASSOSC I ATES llacc lved FA)( THE BlOOEn'.q lNsuFANcE coMPANy(s) oR rNsuRANcE AGENT MUST coi/pLETE rHts FoRM Ti{E BIDDEB MUSI $UBMIT,,,, #,?..,,ATIoN WITH THE BIo FoRMs. ',. '.-,.. u.,'.:', "0,T.- :l 3..]: insurAnoe ceflillcates and additional insured cndorsornentc) that lurly mrrul qtl ol ths tnsurarrco l,ll'\e undorsignorj (Ploaoe cltucl orE box) i : u66envritcr i I agent, cefily thet I e nrj the Conuactor listed below lrave iOintly rsviewed ihe "tnsufunce€equirements" in these BiOOin[ DOCUfnents arrr.l'tlte Conlract Documenrs, ll th(. Crrvol VEnron [Cily") nwsJr6e (he conlractor the contracl lor tlrii propct, I will bo able-wiihrn touneen trc) cntonoar days altor lhs Contractol is nolilied ol thg Contr$ct's award-to'lumisn rne Ciry wrih v(lid insuran." lormo'liircrrrrr;ng 8053794196 051?2t2015 10:'19 rT EHrEpRrse rurFttil 2016 11'SBem Zip Cooo #976 P .0021002 E oo2too2 ?cfr 4tstz ge/ow,Stare the Nane of lnsurance Cofipeny pntiding Corsrsgl;0o N0T wnie "wilr Provi(6,"'To Be Determined,'"wh6n Hsquirc-d,i orsitiiar ptrrasos. W Woilors' Compcn$Atron l.labilily (NOTE TO C0NTHACTOFij See 'tnsurance Bequkements. EXHIBIT 4 ot the Conlract lor the requlrbnrcnl ol 0bt0ining Pollution uability lnsuranoo.] l{oTE T0 THE UNDERWBITER / AGENI: l[ tho insurance lorrns tlrr he conlaetor submits ro the city do not hruycornBly wilh lhO l0$r.rrance Bggulrornonls. andtotil tho Contractor lails to submit the lormg *irnin UreiA.OaV fim6limil' lh0. City.may: (l) declarc tlu Conlraclo/s Bid non-rstponsivo, trrrd (2) awarct tho Controct to lhe noiiloworrre$Don$ibht lSidder. d trrtn Nzihn+ l *'t n* Prtl).r ,i(1 ul ,ll ln$|.rrarlce Agont'S N.lms (sigature) 4 o5,i 21/?015 1 1:58 F.qi( 20'l 5 /O5 121 14:44:01 2 l2 IT ENTEPBI.SE SUPPOflT cA 9?660*'-*-Sdte*'a; me; * parzu<Pa[iant.com @ 002/oo? THE BIO$$R Q INSUBANCE COMPANY(S} OR INSUBAI,ICS AGENT iiIUST CCIMPTTTT THIS F'O'Nful AND Ti.tE TlID$Ef [{UST SUBMST TFiIS CEBTI.TICATION WITI{ TI{E BtD r:OHfuIS l. ih+ vrrtiarsignBrl {Please chcck one tox! '. unoenrBlDr . aDerri. cerlily lhat I and the Contrrctor lisle.rl Uclorr rrnrc ii:ritlly tr:vicned lliu "lnsurdnce Flequifcrnen*'irr 11,"ru Bk/drng Docunt?nrs Arrd lhc Cofllrocl Cccurnent$. !i tht', rJdl, ol Vernsn {'c4y"i n'anrds lhe Ccr{ractor lhB CdDtracl ttx lhrs prcii)Ct. I wfil bB a$e"vriiilBr fcu.leefl {14) cat'.ltld;il dcys illle, the Contractons (to{ilird ol lhe Contracl'.t awil(+ *to lurnlsh the 6r\ wrlh valid irrsarraru:e lqnils (*rcirirtr{g onc of rnore inr;ilr&tce uerliliCgtes End aridiliond i$sured andorserflenlsl lhst lully rngEl .rll Lil ll.lrj insuriuiit) Requ,remenls. Aliiant Insurance Services. Inc 5!2u29r5 tlarfle ol lnillrarrto Company lltsuratrcc Agcnt':l hlalrt rstgn},rursi ... l-r*!il | 30I fjove Street iiiiiili,ii-*-"" 949-756"0271 Newport Beach Tclttphrhe lriLrqrbr:t FAX Nurober **** FAa,i lilii;i";'****- Cily Conlmciols Name Ciiy fu utriitalion lrlumiber Ecloly Slale ,he A/arne o/ hsuran ce Conpuy Pmvfilng Couerage . LrC IJOT rvnte nt'ill Proride,."'TO Bc OCtermnc{"Wlen Feq'uirer|." or grrniiar 1:lrrlsr:.s. Westchester Fire Insurance Conrparry comilLrc,a-ici*nciaili6iary " Automobils Liahliiy 'f/ofi en' Cfl mp+r$atiofi Lhbrlity OFl Wrll Purih:rsc Policu. il reouired Furidets Rrsk Potlutidn i.rah{ity {NorE TO C0IITPACTOR SaB 'tlsurance Bequimrnents" EXHIBIT 4 ol the Contrast [o; tfts r*Oulru.ngnt 3J oblainihg Palltition i-rribrlity lnsurance.i I{OTE TO IHE UNDEfiwFtTEff, AGEI{T; Il the insurance fourns ttnt thc Conlr.,cror submits ts ih€ Cify do mt luilv comply with lhe In:;urancE Hequrements, andort th€ Contractor hiis to sulmit th( Iofi$s witt$n the l4.rjay 6nre |lmit, the Ciy may ill dccttre th€Contraclofs Biiilnon.responsive, altd (9) aura.rd the Conttii\* !o thc flort loure.,i reepoasiblc Bi&ier rla::rj '+ I: t: !r\. r. j ,.iri i , or/21/'4,01a 1l:,ct tAx I I tN I EFITISE SUPPOST @002/oo2 lHE tsIDOEH'. INSUBANCE COMPANY(S)OR INSUSANCE AGENT MUST COUPLETE THIS FOHM Af.ID THE BIDOEN MUSTSUEMITTHIS CEBTIFIOATION WTH THE BID FOBMS. d endorsements) thal {ully moet all gl lhe lngurancc atl *qlw,, ^ o,lrrl a,, Date s1o47s-9990 31G470.3832 . pat@bJqma199q rurpho#NumH- -------elrXmrnber. EmdlAd0oss 2072 Orchard DrSuite A ftntraeh/s lbrne Ohy S poctfication Numbor Belor5ere ffe Name of lnsurmce &rn1any Pwitrg Awenge: Dc) NOT write 1/vilt Povide,' {o Ba Determined," "l/vhen Fequired.' or similar phtases. 6fnrr[[iarG.f,6r@-- Autoftobilq Liability Worl€rc Coft pensatioo LiabilllY ---CiUWi! Purdffic Polhv. tlfeqpr,sd Buildes B'tslt Polluilon t,iability the Conk,lut ior ths roquiromenl ol NOIE TO TltE UNDEF\'iH|TEF /AGEI{T: l,lhe insurance lotrp that tne Contactgr suhmits to ilre City do nol lully oJmpty ,rim lhe Insufancr RequiremeoN. and/or if the Contrac{ot larts to subfnif thc lorms lvfihin tho l4'day ttmg f imif, f,e City may: ( l) declare the Cont&cto/e Brd non*eaponsi ve, aN (21 award thc Gontracl l0 the ncxt lowe$t respnsible Blddat, Pn:Jts Xii il i/ Novport Eeach crA 92658 Adftoss ury 05/21/2.015 11:55 FA)(IT ENTEPRISE SI,]PPORT la 002 i 002 THE tstoDF:fi',S TNSURANCE CoMPANY(S)0R TNSURANCE AGENT MUST COMPLETE THIS F0RM ANO THE BIDDER MUST SUBMIT THIS CEBI'IFICATION WITH THE BID FORMS. l. the undersigned (Pleaso check one box) . I urrdomriter I agenl, certily that I and tho Conlrnclclr listed below hilve iointly r6vi0w'Jd the "lnsurance Hequirements' in theso Brdding Documents and lho Conlract nocuments. ll lh() 0ri'/ ol Vernon ("Crty.i awflrds the Conlractor lhe ftntract lor lhis proprl. I will be obie*within lourlcor' (1d) cohr)daI cley$ eller the Conlrat:lor is nolified ol the Contracl's award-lo lurnlsh lhe City wilh valid insurance lorms (inr:luding onD or rrore insuranr)e cerlilicales and additional insulud unciorsefirenls) thEt (ully rrree( Hll ol llle lrtsrrrenr';c Bnquiremenl.s, Nat Un File Ius Co of Pitts PA/AIG E 0310112015-03l0ll20lfu Naine c,l lnsurarrce Company Baunrann Insnrance Agency Inc Deta Colleeu Baumann Irt:;rii i,rnc0 Agon't's Narne (Prinled)lnsurarue Agent's' Nante (signature)., .,,,.,,. 22019 Vanowen Suite G., Canoga Parl<cA 91303 Addresg Citv Slalc'Zioc{,rJc 818-704-6625 818-704-9820 Colleen@Baumanninsutarce.com l'elcphonc Nurnbe(FAX Number Email Address Environmental Construction, Inc Conlraclor's Name City Specilicalion Number Below Slata the Nante of lnsuonce Compony Providing Ceverage 00 NQT r,tlrite "Will Provide,'"To Be Determined,'lruhen Foquired," (,r sitnilar p!'rrasen'. N/A N/A 0ontmercial Gtrrt+rnl Liahrililv Nat Un File Ins Co of Pitts PA/AIG A(rtomobile Liabilily Workcrs' t:orrtpcnsation Liabilily N/A -.----O.lrWiltl$gldiirlPglsv,llr.eiuur,!- Burldets Hisk Polluion Liabilily [NOTE T0 CONTRACTOB: See "lnsurance Requirements" EXHIB]T 4 ol the Contracl lor lhu requin:nrcnl rtl oblaining Pollulion Liabilily lnsurance.) NoTE TO THE UNDERWRTTEH / AGENT: lf the insuranco forms that lhe Contractor submils lo the City do nol lully comply wilh lhe ln$urance Requrrornenls, and/or it lhe Conlractor lails lo submil tho forms within lhc l4'day tirnc limil, he Citymay: (l)d0clare tho Conmctor's Bid non+esponsivo, end (2) award lhe Contrncl to lhe nexl low(ist rosponsiblo Biddor. ?dri$ i'it: \:! .l;l STANDARD FORM OF CONSTRUCTION CONTRACT BETIIUEEN CITY AND CONTBACTOR This Agreement is made and entered inlo at Vemon, California this - day of , 20 -, by and between the ClfY OF VERNON, a chailered municipal corporation (hereinafter "City") and , a llnsert State of lncorOorationl corporation (hereinafter "Contractor"), for construction of IHE PABTIES HERTTO AGREE AS FOLLOWS: 1. CONTMCT DOCUMENTS The "Contract Documents" except lor moditications isued after execution of this Agreement, shall consist of the following documents which are either attached hereto as exhibits or are incorporated into this Agreement by this reference, with the same force and effect as il set fotth at length herein: A, Govemmental Approvals including, but not limited to, permib required for the Work; B, This Agreement; C, Exhibit I -Performance Bond; D. Exhibit 2 - Payment Bond; E. Exhibit 3 - Maintenance Bond F. Exhibit 4 - lnsurance Requirements ; G. Notice lnviting Bids; H. lnstructions to Bidders; l. Bid Forms; J. Designation ol Subcontractors; and K, Bidding Addenda Nos. _. 2. SCOPEOFWORK Within the Contract Time and for the stated Conlract Sum, subject to adlustments 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 Governmenlal Pages7 ol 42 LIVING WAGE COMPLIANCE CERTIFTCATION This contract is subject to the City of Vemon's Living Wage Ordinance, Vernon Municipal Code Chapter 2, Article XVIII ("Ordinance"). The Ordinance requires that service contractors providing labor or services to the City by contract in excess of $25,000: oPaynolessthantendollarsandthirtycents($10.30)perhourwithmedicalbenefits,or eliven dollars and fifty-five cents ($ I 1.55) per hour without medical benefits to all employees, as defined in the Ordinance who, at any time, provide labor or delivery services to tihe bity of Vemon. Additionally, on July lst of each year thereafter the Living Wage rate shall be adusted hy the change in the Federal Bureau of Labor Statistics Consumer Price Index, for the Los Angeles area, for the most recently available 12 month period' Accordingly, current -ity contractors will be required to adjust wage rates no later than July lst, to remain in compliance. r Notify employees who spend any of their time providing labor or delivering services to the Clty of Vernon who maki less than twelve dollars ($12) per hour of their possible right to the federal Earned Income Tax Credit (EITC) under $ 32 of the Internal Revenue Code of 1954, 26 U.S.C. g 32, and making available to such employees forms required to secure advance EITC payments. o If there is a difference between the Vemon Living Wage rates and the California Prevailing wage rates for the same classification of labor, the Contractor and subcontractor shall not pay less than the highest wage rate for that classification. The selected contracror will be required to show compliance with the Living Wage Ordinance by submitting payroll records a.s requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract; job classification; rate of pay and benefit rate. provisions of the Living Wage Ordinance may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in clear and unambiguous t"r*r. If thii provision applies, you must provide a copy of the collective bargaining agreement to the City. Ido hereby certify and declare underpenalty,of that if awarded the contract for which this bid/proposal is made comply with the requirements of the Vernon Living Wage Ordinance, Vernon Municipal Code Chaptet 2 Article X\flII and the rules and regulations promulgated thereunder. I understand that failure to comply with the provisions of the Vernon Living Wage Ordinance may result in termination of the contract as well as other penalties as stated in Vernon Municipal Code Chapter 2 Article X\IIII. Please retum this form with your bid/proposal. Questions conceming the Living Wage Ordinance should be directed to the Department of Finance - hrrchasing Division 323.583.881 I . Page 40 ol 42 CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES Purchasing & PaYables Division 4305 Santa Fe AvenueVernon' CA 90058 (323) 583-8811 Fax (323) 826-1433 lnternet www.citYofvernon.org/departnentdfinance Article I. Affidavit of Equd Opportunity Employment & Non-segregation (Form AA'1) Article II. Vendor List Questionnaire (Forms AA'2 &3) In order to be placed to the City's vendor list and be eligible to receive City business, you must provide the following information except where indicated as "optional." By submitting this form you are declaring unJer penalty of perjury under the laws of the Sute of Califomia and che laws of the United States that the information is true and conect. Furthermore, you are certifying that your firm will adhere to equal opportunity employment practices to assure that applicants and employees are not discriminated against beiause of their race, religion. color, national origin, ancestry, disability, sex or age. And, your firm does not and will not maintain or provide for its employees any segregated facilities at any of its establishments. and that it does not and will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. cName of comn*, Ar'sHam^q'f, ' Business Telephor.-- eaar"rr2rS9) fr(nrrrl Ei.#/0SO ru*no aer P;17^7o3461'3 ciryLopdbn4 Ui//S s tater tL_ zip q^b?' @ionut) Contact Person.E-mail Address '.nwa).cor) Tax ID Number (or Social Security Nlrrnb*) Q?-OS1?1O; Remit Address (if different) c)ourt?-. The following secrion is OPTIONAL and is for statistical reporting purposes only. Ownership (please check all that apply): African-American_ Asian- Armenian- HisPanic- NativeAmerican- Disabled Female Please state clearly and concisely the type(s) of goods and services your comPany provides: Page 41 ol 42 Proiect Workforce Utilization (Form AA-2) This form is to be included in all bid documents for projects involving labor or services valued at $25,000 or more. Instructions: Please indicate the job titles/classifications to be used in the performance of this contract should it be awarded to your firm. Please indicate the number of employees in each job classification as well as the number of new hires, if any, as a result qf this contract.r_k-/torLName of Company: btrtonnr 4e I bsfntr{r?m i-DtC.Project: Eqr;qfl, Job TitlesiClassifi cation Estimated number of existing staff to be employed in this classification if awarded the contract Estimated number of new hires to be employed in this classification if awarded the contract a o Pt pe. -F.*Zzt A o *tA*> zy 4 P Are any current employees or potential new hires Vernon residents? If so, how rnany?A Pago 42 ol 42 EXHIBIT 3.4 ENVIRONMENTAT CON PROJECT NAM€Contract Pricc Type ofwork Year of comoletlon Owner/ Archit!ct/constructlon Cgniact Name Phon. Numblr 191 Shcldon-Arleta , 8,400,000 G.s Collection 2008 City of LA - DPW Hamid Navid i 213.847-4786 Dhruba Bhatachaiyay , 310-33+3246 Mac Bycrs 951.760-6552 194 Synhctic Turf ; lmpr@mcnts at B.nning ! 1,000,000 Hirh Schml : i SynrhetlcTurf ; School wort 2009 Los Angclcs Unificd School Dlstrict 195 Murri.E High School fields i 998,000 : Synlhetic TurfI s.h-l work 2008 Murrleta Vallcy unified School district 195 Mlnh8tt.n Villsgc s*cer , l,o@,ooo , smthcticTurl1'716'000 i pari const.uction 2008 4l8l2OO8 City Of Manhattan Beach lsh Medrano 310-802-5397 191 ,Y1lill- 'l -r,",.*555,633 i Parl Cqstruction 2008 s/24/2008 City of Ncwport Beach Frank TGn 949.644-331r 310-645-5700 71'1.639-95r0 714-590-3300 9st-413-3137 198 199 lmpcrirl/Scpuleda Land&.ping i santiago collc8c Softb3ll 2,100,000 5,6m,000 I Strcct lmorqemcnt6'277488 ; site Development . -lr"tr.ii.rr* 1,838,912 : . .._. 2009 2008 415l2oo9 tzl73l200A City of LA - Dcpanm.nt of Airport Santiago Canyon Collcge Juan Yanez Roger Banuelos 200 Onsite Chlorinati@ syltem 680,000 Mechanical657,U1 |2008 !1612mg City of La Palma lsmilc Noorbakhsh 202 203 sunnymEad Blvd . 4.goo.ooo RP-l Acntlon Bssin Mod. I 1,8m,mo i s,lsz,toz ; strcct lmprdrmcnt i-- ----- ---v..I-EJ- | '"7*'022 I D,'8. *rl^^ 2010 7/!612072 Cty ot Moreno valley Tom Marnocha 2009 7127/2W9 lnland Empirc Utility Agensy corcywall : 909.342-2354 2U PropellcrAircraftAviation A,3oo,m.4,205,563 i Site Dcvelopment 2009 70/t2l2oO9 Los Angeles world Alrport Lori Lopez ! 213-820{527 205 Construction o( Colotrdo , S9S,OOO s72,547 I Mechanial 2009 il7212010 City of Aredia Kcn Hcrman i 525-255-6554 205 Jordan HiEh school I 1,100,m0 i sntheticTurf1,351,680 | ,.la w*r 2009 t7h4l2OO9 LosAngehs Unified sch@l Dist.kt D€n undcrwood | 323-189-7022 208 I us ats ea* & ea*ine | 3,ooo,@oi lmoroEment : 3,156,458 | Parl constructlon 2009 8l3[120oe Cltyof S.n Juan cEpistrano Khoon Tan i 949-443-5353 209 i Mech.PumD sEtionr'898'899 i sewer Ltftstation 2009 21s12010 city of Leguna Beach will Holoman i 949-497-0781 210 Canne+ 5t. tandfill 6rs i 493.ooo Collection & ConEol Synem I 480,753 I Gas Coll*tion 2009 212sl2OrO Orangc county W.ste and R.cyclint Nom Watsek 949-551-7110 I s.dru Mlrchant i 213-367-10@ -_ --..1 - IPaul(eizlr 62642-8ill7 ArthurAhdj.iian 31G455-248!, Naihmeh lmani w4*af67 ---l - - 805-449.24m MarloRodrlsuez 52G458-3147 JoA^nZranS 21!473-9712 i .ro.rr-rr* Kln?th sharum : 951-368-113 2LL S.nE Ynes REeBoir i ,a.roo.*olmoMm.nt I 17,915,934 Mechani€l PumoStation 2011 72l15lzo:-t City ol LA - Departmlnt of Water & Power 2t2 Vcnicc-MariE Low Flow i 99S.Oo0 Div.rsion System I I M.c.h-Pump Stetioo903'098 I Sryer uftStation 2010 slr7l2o7o LA couoty Public Work 2LA -I-- TEncas Canyon Pa.k i 2,700,000 2,835,375 Parl Constructim a'rrdin,z0l0 slLslzo]l city of Malibu 15 Euclid wcll | ,ro.*olhororcmcnt3/C?lirc I i Mcchani6l Pumo720'o2s I strtton 2011 6/617077 City ot Chino l8 19 cqejo creek Pa.k - Eike t 1,089,413P.th i '_'--- ----- _ -- Tuiunga Wash i 609,653 7,069,471 i Stcet lmprovement - -..- - | tt..h"nicrl eu.p791,895 I -. .. 2011 7ol28l2O7L Gty ofThousand O.ki 2010 217Bl2O73 LosAngchsCounty - DPW z2l Elyshn Park i zzo,aas tDmita Parl RiSht of Way 8144,910 20L2 zl2sl}olt City of LA- Part & Recreation D!ot. 2071 4h3.l2}rr Otv ofTorEnce PWD 222 Riv.rsidc Ramona High : 3,139,g41 3,3643a4 School work 2012 shl/2072 Riverside Unified Schml District 223 I f.A Markham Middb khool i 2,474,859 I s-thetic Turl2,716,3s3 i ,o*rw*t 2010 ?/2l2ot7 I-AUSD Dan Undemod i 323-789-7022 225 villas" c;;urlty P* l- - ;;;r;953,380 MGhanlc.l Pump Station 2010 sl7l2013 Cty olWestlale Village John (nipe | 81e706-1613 22 + I uratiUuwat*otstaczs/ : a7\74sI Tlnk Rect : 6Aa,S7A Mchanical Pump Station 2011 e12712072 LA county DPW Paul t(elzer | 526-458-3145 28 P.los V!.drs L.ndfill Fl.r. i s1t_o(x)Stel'bn i 511,658 I G.s collcction 2012 72lL2l2O7L LA County Sanitation d'Etrict steph.n Ma3uin I saZ-esg-uarr 29 Frcmont Hlgh School i 2,300,000 ! svnthlticTurf2'475'ao4 I s.h*lworr 2072 217212072 Los Angeles Unllled School Dl!trict Russ | 3:G7ro-4458 30 Air Release& Vacuum Valve i t,Zgg,t7a Relocalion i Meh.nlc.l PumDl'427'276 | st.tion 2012 7211l12072 MWD Brian Mav i 909-392-5140 Shahzeb Nasrullah i zrs-rlg-ossE Joscph Dale ; 714-536-5915 Washlngtm Prepentlon H5 i 3,7oo,mo i Svnthetic Turf4'004'106 i i.t *t wo*2012 AlSl2O:,4 Los Anjcls Unlfled Schol Didrid 234 I Mcchanical Pumo401,993 i -| 5tauon 2011 31412072 city of Huntlngton Baech 23s f -i-ur-nast."**r.-l--;;r; I lmprovrmrnt I 3,760,064 i Strcet lmprovem.nt 201r 317O12073 city of Lake Forest An3rlFutlrs i *rasl-sogo 236 l-owar Buck Gully Channel | 7,76f,j69 1,263,769 Natlvc Planting Storm Channel 2011 TolLsl20r2 Oty ol Newport Beach Bob Stein 949-544-t31 237 Uct Medial center I ,,ror,r,lmp.ovcmlnl I school work t,469,137 2011 217l2Ot3 UC :t""^l:1 sh.un. w.alty 809495-6471 Mlke Franklin : 951-955-5585 239 O".-n ** OTOOTOO . Park CoBtructid4,641,697 | --_,.__u2Ol21tl conlio Gcr.atlon & Park Ostrict slh,..hrwl 9:rL. lahrh 1 t76 71 S 7 a7a716 | Parl Constructiq 2072 4it,|2073 countv of Rlversid. ENVIRONMENTAL CONSTRUCTION - COMPLETED PROIECTS PROJECTNAME, Contr.ctPrice i Type ofwork Year of Conpletlon Owner/ ArdrltecVConstructloo Manager Contact Name Phone Numbe. 24L Puente Hills tandllll Draina8. 924, 7 ' M.chanic8l PumD s24.922 5taron 2012 1ltsl2073 LA County sanitation Oistrict :"oly1*'i s52-6ee-7411 JoAnnWu :714-765-4311 742 Anaheim Conven6on Center Plaza 14,943,018 : Street lm9rilement 14.943.018 I Sitc Derelopment 2012 4120l2074 city ofAnah.im 243 Fire stallon 69 Scptic Tank 356,978 . M.chanical Pumo 428.159' | statDn 2013 2l2tl2or4 LA county Public wort Crystal Munrcn ' 526-300-3263 744 Eaton wash 0am & Rc!emir 1,462,7al I GasCollection4'185'313 I sitc Dcvclopmcnt 2013 sl12l2074 LA Counry Public wo*HeetorHcm.nd.r | 526-458-3144 745 o" f ,ur..l-rl.igl,b"rh"od 1,100,000 1,122,316 I Part Constructim 2012 1/912071 Conrio Rccaatlon & Parl t n.icl shauna we.lty I aor-orr-ron 247 Spring Street Park - Phase ll 1,400,000 1,550,574 i Parl Construction 2012 sl73hot1 cit} of LA - DEpt. of P.rt and Recreetion PsulT*n8 : 2132022581 744 Yorba Ljnda Blvd. Pump 1,581,179 r Mechanicl 1,507,050 20t4 L2l2u2Ot4 Yorba Linda Water District tr*" t,'y,___. _r-*iIi - Colin Mccart.r _ , T'..11rI"j Brian May . Tim B.zinct Rubin Oh.mo Dar!n snula Perer Shcydaci 714.701-3100 625-44t4889 626-458-3116 626-458-3144 909-392-51'o 625-458.2185 909-384-5141 909-386.8732 805-654-2016 249 BiE Dahon Debris Dam Scismic 1,168,103 sit. Dcvcloomcnt1'138'103 | stor. ch"nn.l 2013 1212812011 LA countv Public Work 251 Big Rock CrEk Road 969,O12 z,(}Jo,agl i Street lmprryemcnt 2014 4lr2l2015 Lo5 Angel!! county - DPW 252 253 c.rmirct Rd.-l,rnnin8 Dr. --!'lpl-o-EI!r--w.!t Valby Feeder No.1 ValE Modrflcation a7o,74e 439,553 tl| 810,7'18 Street lmprdlment| - ........................-:---- i -- --- : Mlchanical PumP | 4395s3 I so,lon 2014 4120/2074 LosAngelescounty - DF'\/\, 20L4 3hS/2074 MWD 254 Dominguez Grp spre.din8 Ground 520,280 i sit. ElcEloDmcnt520'280 ! lom ctt"nnct 2014 11312074 Los Angclcs County - DPW 2S5 Gilbcrt Strcet Wellhc.d 889,532 I M.chanlal Pump889'632 | so,r*2074 slsl2074 Cityof 5.n B.rnardino nicipal Wat!r Drpartment 256 257 Lindfill 6a3 collection and Control Systcm at 8ig BEal S.nltary Landflll Stn Antonio Crel Spr.adingGround Reh.bllt.tim 7,184,4t4 2,022,ON ' 1,7&,117 I G.3 Colhctionr______i i I Mcch. Pumpstrtion | 2,02f ,479 I Sitc Dewlopmcnt | | stomchannel 2014 517112014 County of San Bcmardlno - oPw 2014 lol4l20t4 County oI VcntuE - PWO 258 Malrkh Res!rcir Pressure Ctr 1,094,652 I Machaniol Pumo1,22s,s37 | smtion 2074 4lSl2O7s Crty of Ca rhba d s@tt Fisher | ,u*rr-rr* 259 l.vinr-(irk Street & Ncighbofiood 70t109 701,109 Strcet lmprovement Sit. Dcrclopm.nt I I I 2014 El1712014 Oty of lrulne I (irk str4ts I sos-tzt-tf,(tr t____._ 260 La PEz opcn space 1,095,508 I 1,108,403 | Park ConstruEtlq 2074 3l22l2O7s Gty of Laguna Hills Kcnnlth Rosnbull | ,o*ror-rtro 26t wils High School na,490 7zepn I scfrotwat 2014 !o/4/20t4 Los Angeles Unillcd school Di5trict I Royce nippera | ,rr-ror-arratt 262 sunset RldgE PBrk 5,274,42O ilr.r, I ,.n-"**-20L4 7214/2074 l! I andyrrrn | *r.a:: 253 Scpulveda Feeder 671,853 571,8s3 i trt*h"nical 2014 7!30/2074 MWD Brian M.y 909-392-5140 Otv of Nrwoori Br.ch EXHIBIT 3.5 Resume Professional Experience: MICHAEL M. SABZEROU 5 Medici Aisle Irvine, California 92606 (818) 2s4-66e2 Proj ect Manager/Operations Manager (2000-Present) Environmental Construction, Inc., Woodland Hills, California. A growing General Engineering Contactor with over $25 Million il annual volurne. Position involves: o Planning, directing, and coordinating activities of various engineering, projects to insure that aims, goals and objectives specified for each project are accomplished in accordance witlr prescribed priorities, tin:e limitations, and fr-rnding conditions. e Reviewing project documents to ascertain time frame and funding limitations; determining metlrods and procedures for accomplishment of project, staffing requirements, and allotment of funds to various phases of projects. o Developing staffing plan, recruiting or requesting assigtunent of personnel accordirrg to staffing plan; and conferring with staffto outline project plaris, o Supervising, directing and coordinating activities of project through delegated subordinates; establishing budget control system for controlling expenditures; and reviewing project schedule and reports on the status of each plrase. o Managed projects include: 55ft Way Landfill. Carbon Canyon Chlorination System. Gas Extraction System at Yucaipa Landfill. RP-l/TP-l Plant Improvement. Project Manager/Senior Proi ect ManagerlDirector of Proj ect Management (f 996-2000) Valley Crest, [nc., Salta Ana, California. Position involved the sarne responsibilities as stated above, including the following: o Planning, staffing, developing and establislring policies and objectives of project management deparhnent; coord inating functions and operations between divisions and departments; and establishing responsibilities and procedures for attaining objectives; reviewing activity reports and financial staternents to determine progress and status in attaining objectives. o Managed various site developrnent and mechanical projects. Project Manager/Senior Project Manager (1991-1996) Tena- Cal Construction, Inc., B aldwin Park, C alifomia. Responsibilities were as stated above. Project Manager/Operations Manager/Vice President (1983-1991) Moulder Bros. General Contactors, Glendale, Califomia. ln addition to the above responsibilities, supervised and directed field and office operations. Managed variorx site developmeril projects Education: Bachelor of Science-Civil Engineering (Spring l98i) California State University, Los Angeles. Computer Skills: Expedition 8.0, PrimaveraP3ll, Sure Trak, Microsoft Project, word ar1d Excel 05128/2015 11:20 FAx @ 003/008 SPECIALTY CONTRACTOR OB SUBCONTRACTOH STATEMENT OF QUALIFICATIONS WELLOR ELECTRICALWORK As part of its Bl1, Bidder shall submit this Stalern spmially sub+ontractor work), or for tho Bidde intormation shallprovitlo ovidence t0 indicate suc to that specified ln the Proiect Drawirtgs and Specifications- a successful inslallor ol uoll or electrhalwodt, A $ld may be reiected aE non-responsive I Bidder lails to provido this compleled form with he 6id or submis tltis {orm wilh inaccurate :nformation, Specially Conlmctor, or llidder, if solt.performing the well of oloclricel work shall posse.ss a valid C'|0 and C'57 liccnso si tte timu ol bid submi$ion, oxcopt as to joint venturo biddss, who shall bo licensed as povided in Business and profescions Code 7029.1 and 7tI28.15 @. Workers of eleclrhal 0-10 or woll C.57 lrcense shall havo tho appropriato spmiat cortlthali6n at the timo of lho Bid Doadline anrl at all timoo dwing porformance of ths Work and "shall establhh that it satisfaclorily completod at lcast live (5) public contracts lor conslruclion of a now Woll Produdktn Facility or Water pump Station ir' Calfornia: each compatble in scope and comploxil'; to this Proiect wilhin liuo (5) years pdor to ttre gid Du.adline. Specialty Conlractor Name: Proiect ilanoger/ ForemEn: I{(:b,:::r Wi:1:,;t: i:i(:rjr:'lir:r::es C.r'r, l-,L(-:. ti'at, tJa srdy Phone NO: ( l.i (.)'i ) l:r'1. :r - l:l I'l ii COMPAHABLE PROJECTS (Pmvide Bequested lnfonnatlon Sor Ftve Gomparable Proiects) 1.Proiecl Namo:r,.'rtrr.rna tdelJ. ltL li Addtoss: _ '/:)!1 Fr)t)lii: Ii,T'l:r:it-v 'tJ,ry, (lor'(rti.r {in f,ZBg0 I)ah Completed:A lr r: :i. I :i: (l I. l) Reference / Contact Name:Zar:k Be irl Refercnce/coltaef plofle No: (iqJt'7'i(''-j:l)li'rt:r I'r"r.l-1 cxirt j.rtq putiip, br'tt$lt/l:,;ri ! , flollil I i,'11'., l'i:r'ltri.sll ..tttti Description of work perfomgdl, :r r:r r ilJ-I. ,irt'{,-h.,-ry.} i: s -'; t;rtttbli '.'',- 2, Proiect Namer Addross: i::ufantc-rt.lclr'r Wrj: i I .li:-;.1 Dale Cornplotod:)lr:rvr::nir*r il0I4 Rcferonco / Corrtact Name:l:lr.l l.)iqr,J"-; Baference / Contact Phone No:_ 1 ti Q lij I ti 1- ;l .5 1r I 'I O,t,iO .^i;l'!l'r)rcl Fli)1r:h.) (]1fl,'lmrlncrn en q1?il'l Descrip(ionolwotkporfomod' !.'rr11 r':x:i.";Li.rtq.-ij" oil- 1SP":f-ve1!i-n{ Paqe 92 of 42 III il I I I I E maikpt l,t.r4y$!!tlg4 }{t':'r';r':t ottt @ 004/00805/2812015 11:21 FAX 3.Polect Namo:I.r.irrrrj'i:O (-dlf r f OI:'Iiil Wa l-r!I Distrrtr WeII 11131 Address: Date COm ploted : .*^L.lll,l:1.ij:.t:J-.J-Qj"-}--- -. Helerence / Gontact Namg:I'iu+.[ W<r 1.:,:lt Belerenco / Contact Phone trlo:-( 9l''l' ) ;i:16-f..l:l "' Descriptlon of work pcrformsf,; tiur:n:i.511 !ricl j1r,tr+,rl 4:1.0--n-t-l-0'l-i l. Luht' , ci st-;r11t'r )::r"itr)' (:rgtrGrfilh]v' 4, Proieot Name: !'91-r.I:1j'w!i- 5o'!ii Wr-r I I !i0 l (':il !11:'r-(id Address:i. t-j fi I i ii , l"l ,:.! 'vr'i.a llr: i 1 ll l '. "tr: r: Date Completod: J::, il t',r, : Re{erenco/CuilactNamo: -.$nc;rtcl orv.erct - . Helerenq: / Contact Phone No: ( 5 6,J l,Jfj !,i -19 t',(' - Description of woft poilormcd: 'l., , ''ll co I rtmn Lo l:r-t1.;1; i-,r11 I'lwet w,.t [. ''tl L aill 5. Prciect Namel AddfOSS:.- ii:r:r,' .ii.-.-trt'r::t{:r'Ji'' r'J''iii l"ir':'.r -ta';"i"lLllr-Ltiri-i-t - Oato Contplolegl; l)-r;t:rri'i'r :: .;!i:) i 4 Betergncr: / Contact Namo: (.1 .; s ': ''' O".r.::i',i:' , , - Referencc/ConlactPhonoNo'-., i5t'r) : /r !'1!1--- Oosalption of wo* performed: l: i I]!' r'qi: i s I rr r':trl !r( I''i "i::r'l'1, ':ll1\i rei l:::l','l I I 1:tt:tty,. Pego 33 ol 42 05/25/2015 11:51 FAx Bool/012 I,t) MI' St r ltMt'r'r'Ar. llOR]lI A cortplclr: punrp t':t;uiprncnt sulllrrittal irtcludirrg, but not limited to ull culculutions. dmwirrlls. sglecificlrlir:ns. f)ruduut tlall, strn;:lcrs. manuals. rsqucst [or substitrttes, imd spnrc pxrts shall hr. dt-**ltt)r(:nlr.:rJ using th,is li.rrrn. At thc tirrrcr of tlitl. thc (lrrntrar;t()r must suhnrit u conrplcte punr;r suhrttilttl pr:r Spccificaliorr .$ection 1.100 arrd 15130 retluirr'ntcuts, li thc Vcrtical 'l'urllinc Prrrrrping r\sscrnhll is nr:t NSIr 6J ccrtil'ied, the suhrnittals will l:c suhnritlcd t() thr: Stitlc Walcr Resrrurces (.lonttol [Joa.rd l.)ivision ol- l)rinkin8 Wrttr;r lbr a wilvcr rcques( untler lhe Ser;tion 6.1551,1fi)'l'itlc 22 ol tltt: (lalilirrniir Corlc of Rcgulution. II thc wuiver requcst is not granteri l:v.Stiltr: Wltq:r Rcsrxrrccs Control Buir(l f)ivisiorr o[ Drinkin.q Water, the hid will he rcjr..ctet{. r. l- lot,^,a V p*mfJ - Neit flo,suy 'ry,o{orCL.nJid,) 'l .{ 5. 6. 7, ,8, 9, r0. u. __ t3, l.l. I .:1, l -5. r6. 17. r lt, t9, :0 Prrtr I ol d? 05/28/2015 1l:51 FAx @0021012 FLEWI\Y'n F!L.$M["S '1i1;r ii, :llli'l riri:,i; r.l: i::l i : )':1.:'r Weir Floway - Fresno Main Office 2i? Mity 2011i ,rrll Bitirjhrg (;onlrilDlort:i Alln: l,roinrt: f:quiFpinn Well 21 ilnd flelirletJ lttrprovem(tntti (S04lA Your refcrcr.cc: We thonk yorr lnr your irbovtr reference( inq1riry, ond .-rre Flear::r)d to stlbrYtil oul ql!0lali(rn [or yorrr tlorrsirlora{rrn Thc lollowijrg i:i il lirnr f,rico tiuntmary lor thi$ qucrtfllion. Plcasc $co itcm specific p;.l0os Jor rrtorc tltltuils' Sorvlco lalKll-lsli,tutiOil luDo . Wcll frultp Quotiltion nttrnbcn 3871()8 Rovision: 0 L-.---.."-.----- COMMENTS: Our (lu(rto w;ts plflpat+tt,l witlt lltrl ftrllowing :ipocilicilli(]n!l: ' So(:lioil 0130(t - G(rrlttirctor Slrbtrrillirls . Sedion 0I782 Operalioir und M(rint6rnaoce Dfila - St)otion I l-r300 * Genr;ral Piplno Systcm and Appurtt:nances . Sccliofr 1 51 i10 - Vertiual T11r [ri1rt' Ppmp - Scction 15170 Motors Addendurn 1 plL.acc notL. Any rcquircrnc.ntE not outlinod in lhc rclcroncL.tj scctions abovrt will nol, bc lhe re$l)onsit'ili]y of Floway Olrl r'luQl{.| (l()ars nt)l irrrJrrrlo: . Oil or Grco:ru). Anfihor 1J0lls. Coltrmn. Tribr:. .'ihafl. Inllr,lFrblr.r Packr'rr - Conlrole . Vnriublo Frequency L)rives . .(iparc Pafl!i . Subrrlinal ticmplr;:: . .Sol:rri Tox . Arsembly - Exporl Boring or Crating lor Long'Ic'rm Storogc Prrtnp (xtntn'rotrls ilnd (:l;lrilicelions: Soction 013t)0 Contritclrrr $ubmithrls oara. Wuir l:lowoy'will qrovidc ccrlitici outllnc dr.rwings which coniain dclirilod pump ilil(, n)oto( dilnensional dfila' (jcclion 151 ;l(, - Vurl.rr:al Ttrrbirtc PuntLt . 1.01 E, Z.O1 F 2.1 t f .- CUJiifying iniatat:rte p0cht)/, inlet pipir)g, iounding illbo. airlincs, ancl water level sounder sltall he prtrvicled by nther.'i. : i.-oc g ns tJictntcrl per Hl, orrly llru prinrury duty point shall bu guularlteod' . i.oS D Chr,fy'rg d""itic spccrt r;rriguvolues crc to na 111v. thcrclore nol coils.idDred. . .1.01-r E & J - A:; ouilinr..d in flt g.ti..t.ZOitSt, vibration rhall c mcasured betwcerl lhc lr:p of thc tli'gcltar-qe hc{!il i]0d hofic 0f thG rrlol0r' . t.os H . ct.rrilying o complcte unit teot cnilnot bc c,xlducled rjrle k) Weir imilalions'. only onc' cr.rs,tomcr nuppliod top column tioction and ono boflom column scction rEha r Flcrwiry lor.tesiirrg' Tlrr: r)dditionol Ctilurrrrr lo$trc9 will br: nrontfi'rlly ci.tlculatccl and occountccl for. T lemontg' irtrd Ario'Or:ialOd crrfilfi tu rhip colunrn to arrd frr:tn woir Floway shtll bo iho roBponriibilily of olhers. tA/elr Flow.ly - l.relrno Mirin Olfiee , 24t4 S, Railroatl Avt: PO Box 164 ' Fresno. Ca 93707 phodo: 55!.1-442-4000 ' lax. 559-442-3098 ' u"l iJs],r 05/28/2015 r'r:52 FAX @ 003/o 1 2 Weir Floway - Fresno Main Office FLC,VUdI\/.': T'UMFg i"l,;;r i il,. 3,i i'i' L r ii,r, i ;:tt i:)i,t :,i.: i.j :i ' 1.t)4, M & LOB O - Cloritying Wuir Floway is only rutaponsibln k)t Gqrriprrronl provirlcd. Curilomor liupllli(:d cofurrrrr uhirll no[ lre e.oncidr.:rod rrr'td{rr Weir Flowuy's responoibility, fotrn(loliotr uorrnectiont; only. Anrllysis {;lrall rl:o (:(rrtsider unresirilinod cohrmn pipo, . 2 01 C, D lt C:i ', C:lflrifying coltrmn, cnclosing lubc,, lino sh,thing, ancl gll Lthlrnrhrelntr:rl torrErcrnonls ..,hnll bo frrovirror, hy ottrcrs. . ?f .01 C 2 nnd l- 11 - Chrifyi,lg a (enriion nut usscnrbly is rr.rrluirtxJ frx oil lutrriealed/encloscrl linc lihfllt configurali0n(;, tltctu[oro tho spccilied [rar:kirr{) tXrx And mechilnical soal arC n( t rjpplicablu. Furihur cli:rrilying a spacor coupiino is nrrt ilFplicablc fc'r thc apociliod verticol hollow tihatl nt(;tor. . 2 01 E 2 - ClarifyirtU [earring mnterial r,hall bc bif:rnutlr lirr brorree which oon]oins 3Yo tinc. Fk:as+-' notc thiS trearirrg motcricl will rntret thc inlent ol NSFH I , ' 3.07 ,- Clarifyin2 Woir Floway llrouitlinq s stirndilrd two yoar wa(renly Plrralie ,iee witrrinty scclion tor cnvcri:qc dclail,.t. Nidcc Molor 00Irrrrlunlti; fjr:rctiort 151:]0 ." VerLicol turbinc Pump . '1.01: - Olarilying nrotor ,thall nrrl lrc geisrnic rolcrj. Scction llil:70 - Motc,rs ' 1.03 - Ol.trifyintt molor $hilll be dcsiqnod OnCt built in arucr.lrdanco to NEMA MGI :itirnd;rrr! orrly., 2 O? B C - Clurilyino lowcr quido bcarinq shall he gmt=e tuhricoted. ' r..02 ll 1:.1 " Prnvicting clnr;$ 'B' tcrnFx:tritlt,r((! rirtr ilt '1,00 $c.rvicc loolor by rusictarrce fi$!lhfil oo lililn wi:lvi,. powBr SHIPMENT AND FREIGHT TERMS: I;hiprnr.lnl i): qrroled with lrcight tcrnr: FOB F;rclory, Fru:irro, CA (UCC), t.1.9 linat(klslinalion$ only. At timc of $hipmcnt, Seller l<rarls l.hr,r 1;o<lds onto tha carrior dc:iionrJtod hy the Buyet 6t tlte seltcr's prclnises. claimli wilh.t'Io Canjer. lf possitlle, tho Buyot'shorrld nt'rnro the fi{trfior on thr: purchusc or<lcr co oti r1o! to dalt:v proC(rsliirtg rtf older or thiprhorlt. Pnrlial shiptn(inl alhrwed Sltiprnenl & invoic:in0 will occur upon $hiFmonr of oquipnront, Shiprr)ent schudulcs are bnsed on lnctory loadin0 at time of order. ShoukJ shipmort tTri gxrslpr:nerc! due ro praiect or sile delflys Woii lttoway wifl iltvoice and hr:rlrl [lr* slriprrrerrt $hipmrrrrt delnys cxccorlinO j0 dayS frqrrr tho 6o()plel,rr.d rJuto nrsy bc sub,oct lo rcosonablo Gtorogc ch.rr(lcS LEADTIME: Subrnittal will ho approximstoly I wcet($ ,rrter otdef rcceipt, contingent upon ordcr occcptanqc wathitr 10 huslnoas days of rccelpt, Ordclri will bc occept(ld sutrjtlcl lo buyer's onrrlt approval irnd slrbionl to Woir Fl(,way. lnc '$ Tr:llrrrs ;jrr'rtj C:rrrr(.lilirrru ol Snle ShipmLrlrt lead time will be .rpproximatcly 21 woOkS aftef written relcuse to moDufocluro- Shif)mctlt h:.ird lirnrir.ri ,r(i! irtl o0linralc at tintc of quololiorr ond subjr.c,;t to chan$e lraserl on quok"' volitlity. SCOPE OF SUPPLY: Fle,ll;+) nolrr +ny requirements not ouflit.rod tn tho rQfprcnccd spegilicatiort sectiot)s as rrutud on ilro covcr pagn c,l thio quotali(\n will not be the rcs6ronsibility o[ Wr:ir Fhilray. Any $enHrai.D specitications mado rolorcnco to wilhin lho rrc,ltxl sner:ifirirtions,. whcther in parl qr whcJrl, will rrol Lrc consirJcrcd in lhiu quotntion. Woir Flowi-ty lttc. Tcrms and ()ondilionri 0f Si.rle per utlachod will ;rpfJly ro this quolarion. lf rhis i-$ rrot ac(eplirtrle, ntutufilly agnreable tc:nrs;;:nrt condation$ ntoy tre negotiaicd of limo ol ordor placcnrcnl. SPECIFICATIONS: Wri(trirr rer.luo$[. Scc obovc li.ttinu of spor:ificrtir:n$ rr.rr:eived VALIDITY1 This olfrrr is valid lor 1J0 dflvE from dalo i(isued. Quote.d plice:, will be hcld finrr thru uhiprncnt if ordc,,r i,r ft!ha.{(.}d lbr manlJritctilrc withirt 60 days horn ordc.r cntry rJfllr!. Olherwisc, ir prico edjustment m;{y bc opp,icd. OrrJer to the aollev/ing addrcs:i: Wr:ir Floway - Fresno Main Offic6, . 2494 S. Railroad Avg. . F'O Elox 1ti4 ' Fresnu. Ca 93707 phonr.:: $59-442-4000. tax: 559-44?..3098 ' Ir,fn1 ? rrf 11 05/28/2015 11,:52 FAx Weir Floway - Fresno Main Office Eiloo4 / 012 TLBWAY.5 E'U[vlFS ir,:I i.i<-rli i't ri i.rilii: ll' l;i-, !i-ir Wcir Floway. lnr:. 24$d 5 Railroarl Avc. l're$no, CiA:)3706 pRICE; Orrotu.rl priccs will be hold finn lhrough shipnrrl(rt it ordcl' is relca::crcl for manulilt:lurt+ within 60 days ffom Orrlor rrntrydolo,ancl approvnrltorshlpmenlwitlrinjjrrrlcorltinruquole<l Othorwise,oprir:oittliuctnlcntlnuyboappllocl..Prit:c r:lunicrl is ior r,rll iit;nrs frurr,h;:scti untj shipptrd at ono timo. In lhc cvAnt ol lr purtiol onjer, wo will rovie.w.end adiusl the fi.,tififiipi,.* ;:c'cordi6gly. Frcight charoes will tll lho:rc in ctfi,'ct ut tinto ot shipment, l)ue l(l volntility in Urg commnrlitics ,rrOiherti, Wc'ir Flow,ry rtrstrrvr-. tho rigilt to odd .t rlrilluriill surchnrge Orr l)iprl, platc, ond otll0r rnaloriirls in line with thc cr;rmnrorlity i,rrJi{;os. Oosl tiutuh;:rroct mulil hc c]0reod lo prior trl ordor ttcueplollcc, Orclerr & cantractli arn sublor;t l(r approval by Wui/ Fk)wfly prior lo ilrd tQrrnA lor aro not ttiirti (itq) rJays trom r.latc of invoico For orders >-$150,000, s will aplrly ar<l progrcrs iruy'nrc,if $()hodulo ir;;rltachcd ftrt contidcrirtion. Lett6)r hlo. PlDase irrlivocahlo ;tnrJ contirmcrt'tiy a U.S.A. $onk. Benilioiary musi be WerrFkruav, ,l". aon6lmalion chi:trtec shurtl<! br: puid by Br.rycr' arrd L/C cxpiriltion dtrl0 shoulc, ba minimrrnr 21 tlitys altcr the littcrit shipmcnt d.rle, pACKAGING: For domeslic shiprnertl viu cornnreruitrl fdrrrior. [:xport hoxirto anrj docutttcntotiorr rcqtjlrements arc An option wllh prinr +lrldrrr. .START.Up: Slort-lfrla$Bistonce hy irrrthorizod l{olJ. included. lnvolct': for $tart-up servicos will tle issurrd whcn jicrvico.s ilr6l f,(.rm0l(itt0 t'rr I wecks frtvtt lrurttp shiprncnl whitltevor r.rcttrs fit'st. QUALITY STANOT\RDS: All our munufucturing lOCaliorrs r.tre l$o En01-20Qs cortilicd, TERMS AND CONDITIONS: Tlris quototion is trasert sr:hlly upon ttte lefin$ ond c,ondition+i sel t()(h lrcrc'in incltrtlirlg ir1l(tchmcn6. They sgpersei[-r And t'L-toct ony conllicting [r:]rmti and con<liliorrs of Purchoscr. Arly Olhtlr lcrmli nnd condili(rn$ that PurL'ltiltiul lltily ploD(rsQ aro strhjecl to requrllaliorr' Wr.) lrope yCrU tincl our quotrtion in linrj wilh Vorlr rcquifernLrnls, l'lowt'vcr, if you hdve Any quolitions. pluttstt tlo nol hosituts lo contflct u|.: tlincorcly, Jeltrey I l]cClirro Woit Floway - Frosno Main (Jffic,o Weir ltrloway - Frcrtir)o Main Offlcc ' 2494 S. Railroad Ave. ' PO Box 164 ' Fresno, Ca 93707 phr:nrr: 5[19-442-4000 ' faxr 559-442-3tEB ' P,100.1 ol 1 I 05/25/2015 l1:53 FAX @ oo5/0 1 2 FLffimd^A'\fs FeL,trRffiFS Viirrtical -l'r"t *ri ns-: F unrPns trellcnt Mincntt SoluUons 249t1 S flnilroatl Avr:; f/.O. Box 164 Frr;sno. CA 93707 'Icl: (559) 2142-a000 F;rx: (559) 442-:l09tl www.wc.I minefolE.cotr I TERMS AND CONDITIONS OF SALE & WARRANTY g(EI/AI.l({fi! . WHI Ilo,'vilv. lrlc lbi lJu,illxl ir l(rrrr:d wlilrx\ rfnt:th ri n"ltBn'J lho [rI1lnlxrd vrF! iuirw iiii,r rar:h*l r,rfru lhr ll,ril,r':; r;rixtr, ({,lfili, 0#r(J. nfi( firfffirrli xi rc!;lx]ll.ic lo Stlyu'li rrltxri 0!igr{$0 Slurli[1il hy't{illllll qlDlJti,.u ul "{'t'tx. 'Jutrt) Fr,lr(l.. r4ildm qnmv;d ol hd *,:u li{rlrlliilrr[nlilrtofliwlltti::r)lrlitllqxtlih)rffi'.]dillrJ1l0r({,mh.J\xft{t)pQrkail h{otv.$ilt F SALE l. OruIl1Aq;tJ-'-lt{.!1 , Acurflili$ Dl (l,Iilt{i tntil r{i gullml tM Or(hrl(.onlrul ili:urttlillc0 ttt:ly rrtly lsJ ullL!,1tr.l try irr i( rur-'Jiv., wlhitl l(rl rr.ln{ui iliiyl'. lln 0t*x Nil |[ D,(t(t:l'J{, l) .Stql !l!hlA!-c.,. , i\.t a qttllc( o! Clrporuie y:licy. itt ottJut !o Csiiirq,ii,iU-Iiffcvr' t)iitwtl1]n 5oruMi. rt:;l;tlittiirrrL rrrrrr, I L)r.irrrrll!, r.It: irvirllrlln, ,ll qir.til, :j P!$t -. r;i'pr rhlil k: ihuou irr ,.rlltrt.i itl lif'rl ul r:lirn'rni. ,{l uiua,; ltx pHlrt tl l+l[n'!: gllndfrd lili ir(! !;l llu'l rt ii-rvrlr-..,x1 ,rl 11,,, [,r.,,, *, rdllrl ld l. H\ irl\$ r{ th(r:!8nl llttrill llltl: Al il ouyof't l).iFl lof irvn(dhle til hrrm l iut' I'} inwrirrrl ;rt thr: pril ir. $tlrlct 0l l1(r lallxl d [Elltr'r;x[: $!l [l) f)firl.ei illily ir(! ililx]trhd ull ir Hm [r:r,r cktu:tr usE 'l ilrln:i ,rr)l rnyrrn){, l',y lhu l+rr u \, l)llll [J(nl. nl.rsl tr] mlcrlMl lo llclet'l lir:ttxy , {,l rvlliirl {tlrtxa-U.rl rxul;rv ll'lxJr?ltJli{xt, r-r'uoDl ry, lillul:) (rrltr:iJ:ly (,lnlnd c,ttl^rTie. l'nuL'j 9Jl l, llr wil rt4ilY' i, I lriti ritrlrl ilf{fi,vi! r'l tllnmii,rlt ii, if ii upun f000ill $l 0tljnilunp rilnlcni{t il! lir:kxy !n iuurlj(rifll {ululil$'lu. (lli u1,ur llt4r'rnrl rx[l rrvrjEl ;v itrsw&.Il{ i(\l (lrr!,rrrr.r, hy rr lJ li A finli( v E,rrri)liunry tnu{l h.r W,-lf I }:wiy, loi yi, Crnlili:iiltion th:rr!t$ rltui.dJ il(r Pattj i,Y,^ltilh:irnl w ih{r Ll) FxFxrlr,fl l)i!t t !,lu:tj !x, i'l tJr}+ 0t(0r lhtl liilOtl 0llinilH, dlilmonl dillo uri I'irym.nl inrn$: Al i,ila (lor fiil0r5.Jr{,'jr 5150.110(l) n!? hfllv:il Prfiills ifiynoilll sl uil !!t!h'c,Juu llfifr lh: Oll0 ort t{lii:h lbo ll0ll$ is nolilr-'(l l,l llxi (or;,v Ulrrxi rrl flryln qtr)lcd. ,rf r:rder: will ba rrnfucJ Jt u3!i)bf i.hcil rnnh(ril rtrl l;hil[p ill lilii(trr Dcy(nd 1I $&rtin(i dilfJ l!orn Uillu t,l qr'rlrr[l!i{ l:hililpiry fr linlhr o iftlitfrrr to lh6 iillomtdrn l(r,$lh.!l illh i0liYr!tl ill\lrlr0ll, li)lkr'i.i rl fd sny iJdi)x$nl ($l(tlL.d ,rili,hltl tlilyH, 8tr;.u u ,lry ollttx 9r:lil,lr. wllY.{rl llY} $}['rf!i t[rF utlllxl ilpPl,vil] ntrlohzrr,ordutio-;r)lilrryl.hd linlmtT0lhr..ilir*liitrllnlr.x,(rrlllxl:idsollxtulitlxr:hrl'1llhrl t/r'ilfltJr)nt;!in,lh,NittbLt lolrrirnrllt$riltn$inf in*olhE.L1ilHorHltsu.;hilullr.)lr,lrErlrltlllinlril nuil iru.v y r;\ril: Rlch mm wilh the xppt orli(!. llMA nlr'o(v [t]lt m d $n!e J( liul4.r;l k) nr;?0$irl ,Yxl wflltii ftrmy.'i: u wurrt ir(! d,.rxir.fd, wrn, rr vnilJ hr llrr otrrnfir d [r: lirtrr rnilfl ii Jn nx(jl|.lli ir llxl irnDul]t ol 'ikr:h h*I,o[cr, i:;till.Jv dt)ylh(r0il0in,rlr4ryfffrrnni*ca hlhhu.rf,i.clltili\sttrrlhr(rlrrtr:*lllilllhlllrinurillhYrrl illl[':l, I Strttt,{[llr lrr ilrrr;r'(lc rfl*!r,, fry]dr rdll ltl'lirilx, +yuinmftrJ l0 ry&J prumh. (il.frn[ dc!]!; ;{H lrclil ili.ilrrir{tru. Ulr.m 11ilnP.{iin rr! In;lm,lfl:!l[iq, l,r*?i fii:iJldalro/y0lltfri:ls.nlwilhr 7*tYlv.:.ollh(t,lctiF.iijliql(rllrixiil[lislttlJt,r,ir.'ltllswt:lrr(mrttr-' itv..nqrj llwrilk; ;ritrr r({ilr;il'rr rrl ii!illrtn;i lD dh nitd 0J(:h firrll! flxvDurhr Any ir{({ irlJiltnhilth pr(TJcll,JUlriirr!ir(OrOvCof lr!iJil[xftril:{h{urruy.i.hyJrililJli6sxhli(irtiLilli (i:}r}r:rilrrlifJlnll ftt(,r.B.!." :iuli,.rf o h)t lir$o fn iny dmrage or [ir,s ircureC rjurirrg duliwtyr all tiih ul (hl(i,(tu 0r l':itli i-uiufii truril ulrrru rr,rl n lhc 4t ont 0l dd&l[irirrt::;lurl likt a ul;un aluilll;! cirrrr:/ v/llhn ll'lo li,nc ptenf, [h]si ];lxnrkl xryru(lrillrly(,fttri!:r)ilr:iamr'll,fff,'hnr0:trmr{ramilgnd.rla:r. Sudlilsrjwilllrjullt'r, ( lo BuyFron l!r$ t irih ol uuysl'j (lairn. )Vlh lggard krltLllxr Disihl! rnxllhti lll)ll il t,q}rMll, rl',ihilll rrytrfilnowltltilt(,[iillldrtEtr,u(1:ptr.,lririh(rnprnnnl uollAtll.!:-crttt]illTTEDll[tJliflLL -EuE/E9&lI$grE[ - 5rrl0 r4rdcr lhis il]mnmanl ir.[riin!, i,,,:,,rrrutaur*, tr,,y:,rt ir;ls:r,rl $lS[C Ofiilr:V. (olr..N{)$rJfl-t; l:ill|r,llllf:lt ot tr:(klenlx, dehwn l[Xrl), ll(r lluylr, trr ttriliqi wilhll lnitl w(trld 0llr]jl ;ls lltrfJrrn,rnrr hr n FnlD{ oru(le.0ru tiirty i{if, r Lt ri t 1 II nR[ACllOli Cll.ll ,ll(llEL) lo, A I lilll.liii'li I)FT(N l'?-NI Ci' nrt; ftrcMi;+ ICN OF ll{l {i(.)l.I rli Writl CltlUS OI ^NY t(lN() iftl$|r1ff lN fi,lcl C)J1iHC S;ALE Ol U I HH t)t!-vlJt u,7.ivtrD r.Rl)M llitj DAIr n{ti 0 t,!; EI- Il"lE APf'l.it'it!.i- t ' rHA ts:Lc,\A', I l0t,lnAIEO IlnM.6Hj ARL N(lr I /^U0l:I1A['.t l. lll.,[::$(: Mt, f UiLt.Y AORIEll UPON lN '/V1?llii.ll:i i4.ll(ii{ I ( ) (I{l][:fl f 'l ACIMINT ieffiIffi,fr#ijM,{ i{reru:r' d.:rl i\.li(, [,]tllP4ol 11 05/28/2015 11:54 FA}(B 006/0 1 2 llilt i;illydr rh Jlroriri lodl or lh( (rirm ra:r.rii;ll it s}rl l)! orrldi,xr.jr iili?iriliyH, ilnil ;ri/lrluriiilii). illl!ft(iy, ,r(rtl rr 0lh{r Jr:rr:i:ifitJo ol irry hxd hr:rlwnn lhff f'fll(n rrt |xy:rmt rnfrr;r,:d l0 nrlr:tn jrll lii!lJrlft!l ilrirlrxfi*l i[il wjrrl f r ahilrn (, iI: i]t tl[! {tillt I rl r)irlx] I c;tr(rlli,lir,xr Clt[:li,Ii wtli,ltlry urlihaliorr hNuur*,lv ojlf{ bo il t fns(!,r ({rtnlJ, Citlitlt0in TERUS OF YYARMNTY Ulhcs Lluycr ricilly .jror: tlt0l :(xru ,Jl tlq ldbwidll t{r,.' ir CirulXJ 4t atrt dlir,,!)uj (tllCl dll ii,trirfllkrlr lr0 vdid it ! [r, 'it)/ !'10. l:i(!i .,'t(t(t tu iK rqulrdly (t0rr!'{ uttrrt ir *tiling ldr,trjn l)uy,.,r itntt l.*rl(r lb) li i)ur![r hiN li:r,)r J]:tr[n[g i,t rEryo,lHkilJ, (c) ll iurrlo i! 5lw, dur'lo l(uw)llil'jE cr ollut rlrilsut \,ydrd ')c)lrulrl [icl[y; (d ll p[mfi rli t7i|nilo+xl lrilt slEfilrrlyri:i, iliplnlizijlion. ctrm[ill crr rynli,0., (l) il iir 0r vrn{rill ,t[lr/r( h (rh]r th(r f,L{ry} [fi.:ti.n:(lt) | ','r li il(,| l irri:ilx rl .:7 {'i{llri iltrl urr d n lk} trti li,wl L (r',hrnn il,ril xill{y (, (hi ll iJ l0('l r4lvf i+ Git(l wi,nrrrl r)ilgarll0l ikd,flr i1) Comfnililltr nnd Dnii l{ivr./rd e Jl 2010 lril,tr(r5ot1| 05/2812.015 11.55 FAX Woir Floway - Frcsno Moln Oflico CuEk fl(!t: ProiHtl NAnx,: llqln Nrtnrl*t. Sorvi,rc: Purnp fypu. Customer Price Sheet All Bidding Contraclotr: EquipFin(t Well 2l ,rnd Rdnl'r,J ln\!/ovc{rrcntr. l:S048d (r01 (rtr) W.tler Well Pttmtt @00?/012 FLOl/\,AYO!I'IJMPB i: ::i: :l :::rii:l1r :,:ri:r :, 22 ltry zDl ti i]8710H Rev.: A Oulu: Ouotu No. Lhlt$ . t?.tKl.l - 7 il,,ge Qil hrba - wlll Punp Variabh :pood oF)rillio,r Oil lul>u l?.lKl I howl assHmtrly - 7 stirgu 6irsl i/')n SOwl$ (ASTM n.lft ql llo-orltrnrol lirr+rrl) [:lurrgc'rl L,0wltr Frrrwl hohinn - 304$5 (ASTM f503 & CW1), floway nnterifll co(e - 10Q Wf,$r rin{tri . Eowl Dnd lml,eller Bowl/lrnpullcr wuur rturg nrirtcriir[: 3lfisS/31lis.$ (ASTM A7d3-.8$ cr CF-8M/ASTM A7!'3 Bg Gr CF-8M) mi?t. 50 BHN drllsturrcc Btsmr(h lil trrrrnu o howl lrrurrhrqlu ([JNS (:tltltJ3s) Ahrorirrur brou:n imrrllen (A$TM Bl,l8 Alloy 952) Dynnmic birtilnccd irrrpgllcls lo ttto 1940 66.3 gt(iet colkrrli (AlsTM Al()li{)oir Ltt 11115) Fl6v/ rJmlt 1 6875'(Sirnnd.rnl) 41C,5S hcwl rhali (ASTM ASBi:-tl6u Tyfre 416) Suction ct$rr Birintulll li,r lron.ru lltLliotl Ltr:;irnnos (UNS ll:8t1835) 60rtc tyltr: slrnin(!r E irl Slrilirxlr fi rrtl(1rir.rl - :l(l,,tSS ll!trvvtrr tull y irlrlr., Mhlr.rd Di(chimj! hnJld nlatflrial . lilool (436 6rll, Al05 fig, 453-Gr tl pipc) I0xlti.5 "i" Disfrrorgrr h(ro(l 1 0" dhiuhiitUcr 1I'01, llln,tc (ljll nlrl.) Tcnlion rul ntscmbly { l6li9 Tt,p llno shall (AS'[M ASBZ-BSu l'yp] 416) HoOd shrrfl nrs':mtrV (:lhHll. ;rrtjrl;linp nul, gib koy,ocrow) (;orlrlirlJ rlurrt! lor lei 5" dlcchilroc har1d Q$rfinfl r.lRel, hinati., colrplinn Huirnj Orrs $ollorr oil pot, $olGnoid valve, riohl rlrip oikr, pilrirxl ilrrrJ rnrurling br'i'l(rk(rl lilirrrrluus tiluul Ililtllc[rlirtc ditah;rrgo held firovirlR (:l/B)" lr-irl l,rp fin diEchflr0o nfizrhr Flovide ( l/2i" rJrahl ifln. 22 Moy 2015 I,rrQo 6 0l 'l'l '1 ernperarttrrrr wcir Flowtry - Fto$no Mnln Officc Quoto No, 387198.A Grirnd'[otal 05/28/2015 11:55 FAX Weir Floway. Frcsno Main Offlcc (lttslonrnr: Proicct Nirn') lltnr Nlntlbrlr: St:ruinn: 15unrp l'ype: Customer Price Sheet ,{ll Bi(ldin$ Cotllr;lctoni ::qrripprrrr; Woll 2l ond Rnlfltnr, lmprovL{n(nrtB CS0484 ')01 (rh) 'J/illL.r 'fVrrll Pur\lp uaoos / 012 FLGWAY+FIJMPg ';", l:.,:i i'rr!'irrl I'l r'f';': 22 ],&ty ?015 3lt7.l9u Rev: A 22 May 201.5 IJ4lu / rrf 11 [-1Hl.r: Ouole No.' lnUividuirl sel(!r.'.ltrrl ol fixnpolltrltldcl)itttllrJlt t:ijrio0t|nt.l l]fi1 o]roxy ar;rlinQ - Oiech, heird - irrltriur uttly (uxtrrrinr t)artxrlino 63li primor) Frlsion trond+:rJ spo,(y. Scolcllkotqr 1i14W - BDwl, lnlrrnor only Llrtro(lilxrt {r91 tpoxy coolhg - Bo\,ls. axtoliui otlry Etd ooilIrtrl . Cfirholine (iitL HnR pfimrlr (ahove.{lr,'rrE compoile,rlc lop cDolell wilh CurDolino 3i59)' liol+rplatc tOp rlu',, o'rly fiuh nr...;nmhkx, (bowl and hc$d BhipPi{ riqnil,lrloly ilrj coll1pfll1*nl$) (iubmil lttr itlrlttuv:Jl ril.)lvicon by Ci3 EngineorinP, tlJ ,nodrl woir Floway - FrEsno Milln Of{ic4 Quole No. 307l9tl.a Cu$lomct rronwitr1():ilirx, c'ornttlul': Ur'lil leil with ioh driver I urit* Nole 1: frrrloilr'rancL' tccl l0 he cnrli,iHd by a Wcir f lowity Ploh+;siuul Ettgint*t Notc;, (:l,ril(ttttt,t lo ltrrtli$h om toP lntl r:rre bolLulrl u\rlurlln $r:rJion krr l:)oflorln0ncF tclit' Silhnllt to$t rcr.ullr lor;rpp.Qvul - 1 tlnil$ Nrrn wrtrvrcltrl hydtolo$l .. dischnroc hesd' 1 unils tittuclrrir: rrrrltrrol fraqucnr:y iln,llysi$ (troud/lrt'llO, ol'ly). 1;litnt1red by Fhway P l:. ' I unil:; Sole Plate Anchor Bolt 05/28/2015 1 1:55 FAX Weir Floway - Frc'srto Main Office Cur:l(nl'l{rf : Pmjocl Nnmn: llo?r Nurrbcr $ervic{."' PtrmF TWc: Ir/ivl::r lyl)r! Mol!)r Nidnc Motor Customer Price Sheet All Aiddin!1 Cortiuctur$ Equipprng Wcll 2'l :rntl l{elal<xl hr)fvnvomcnt$ CS:041)/l l)r)l (rb) Wotar wrtll Purrrp a 008/0 1 2 FLtfwAYdr:LrMF$ 21)M;ry 2015 387198 RL'v.: A [trrtc: Qtrllt: Nt: . ?ltt)l lP,lt',(h/Xph/00h2 1 B00RPM . NEMA v+lrliull ltirth lltrlr$|. v(:nh;11 hnllow !ih;!lt - Wfrl cur:krtiure - llnndcm woun(, . 1 .1{i SF on iin+,. wnve powor / 1.0 SF on VFO powor . Dloss F lniilliltlnn " lnltulif,l 2000 inrttlnlion rystottt - :i,l|(Jll' rnilxirnufil ollindn . d0C ;lrnhicnt lentltt+rulutu , Fremirrm etlinienl -16.5'Rrl Non rnvnrFia r.rlahnl . hrv(rlrrr duly, l0'l rTrnB(l r;urFo - Vflriirblo tofquc - B rise l3l,r I 00 Sf (by ro$ir{turrcu riclhod oh slnc wi:vo) - NEM,\ rle."hn B . KVA,Irjc h[r:lr G - l)irucl trr lir\u itl/Ul,/FD - Conliiluuus duly . g{i'yi quilrtrde$d ufliuicrloy volrr., . 14. 1 lllll2 lcrnd int:rriir ' 2B,4lJ,) lrr.; 1.10 t)':il/inq litt: . CCV{ roti,lion FoDE 22 Moy 201 I Pago8of11 Woir Flowoy . Fmrno Main Oflice Ouoto No, 36119ll.A I Driver 05/28/2015 11:58 FA}( Wcir Floway - Fresno Maln Offlce (luf.l0rrr:r: Prnircl NtntD: ltnm Nrrnrbnr: gctvicr.:: Purqr lypc. Customer Price Sheet @0't0/012 FLEIWAYNPUMP$ r r ri.: :i l:rr:y:r. ir.::r:i:. Rttv: A 22 t{ray 201i frir0c !l ol 1l All Bkldirru (;rrrlrildor!i Fiqrif4ino Woll 21 ond Roliltod lmFrovonronro CS04B4 001 (rb) Wi(ler Wcll Pr.rnur Dodirlption ,.:,: '.1 lil:o/u Fl'lT Girrrurrrj lut il C'r,Xlutt htr). . $rrull llIour'c ting - h)rulrrlod builrin:1, uf)flry tJtilckL'l - lirrcgrn. lilil0dirrl mirlo.riill - '1 lliv :;por;tr lrcr.rler:i - $psciill birl.rnoc - Lubticirtior\ hl,jtiuctlot\ pliltc .'hlCrilrotllitl:i, fi oirrrirlly clo:irrl], l /philtttl - ()vcr:;iI.tId [$t]illlil thx, l(:ad posiliorlitr0 0jrsk$t F0'1d (xili(:irl fr(r(luency thr{rr Molor kr be shipperJ to Floway lactory Co,nplt l,g urlt1 l$.$t J(ilt(Jfl I lydru kt:';t rr':1xxl knpcrl[:rr lrrrll1rrr:r: (rl]ort (l,SO {j}ti lt) p6d6rr't!:,,1ce lDsl (rurv(r ittld dntir lop(tr1 :ilirnd;,rnl instilllHtion opr:rittions m.rnu:rl, Purnp, Oty. 5 h;rrd ooplt.t: rtnd I UD$ Dfite: ?? Mrry 20 15 Otrole No,: 38f1])1, Wcir Flowoy . Frslin0 Mflin Officc quotc No. 387r08.A 05/29/2015 11:58 FAX *o,, ,,o*or. Fresno Main Of{ice @ o 1 1/012 FLOWAYNPUMPS} i..,,:j. .: 1.,.i,,.,- r...., .,. :Cttl;li-rnur : Ctr:ilonrrtr rr'r[onlnr:r'r i llnrT) r rr,,nb('r I s,rui".,, lQuarrtity Currlr iruhrni I (lrnl(| nrllttl'uf i387198 lrlw, r;rluj I Llillcrurrliul lroild / $rr$I11trtr, riltrrd (roqucsl(xl) i [-)il(ortnlial hui:rl / prcRrrurr:, tiilod (;rolrrirt) i llluttiorr Errrtssttr+, litlcd / rtlilx : Nf r,rill fivail,rhlo, ritior, :1,?000ll$,qpnr ;5?00fl '5??.4 ( :t1 00/O00pr;i11 :Arnfilh : tiO Il? 'l, 7tt0 tprrr :S84irl : t|.06 irl : l.ti$ in j !)i:o lstirocs lB,:,r,,:<l ,-,,, uurvc rrurnbcr Drltc logl silvcd it irlrirl ly;:r.r i A(l(,ilion0l liquid {os0ilnlidrr ; tiolids rlifi rnrlrrr, nt;rx i f.*llidr; corlcrrrtlretion, hy vnlr rrrrf i 56liclr orrrQrrlrrlion. hy w{!ioltli-_ _ i I t)rnlrr:rrlrhrrrr, m;lx FIri<l dcn:'ity. r;.:t.!d / ry1(\x Vir,lxl3iily, rirl(r(l I Vilp0r Fr€$tiurc., r0tttl i M;llrj rinl rrf llcct(d : l2JKl-l :7 ; 1?.lKl I l7l(J llov 0 : 2? MFy 2015 3:42 PM : 0 l:r0 in 0 00,1;, : 0,(lf) r)i, : 611 0(l tl+q F : 'L000 / 1.000 9O 1.00 cF : 0.t)O psi n : Cilol tron/Eronzc i Splrnd, roterl i lrnp+rller diamEicr, riterl : lmncllcr dinrnrfrler, nli'Jx;rt urrr lmpolllr dirmnllrr, nripill 11111 I F:llinitt:ny (howl / [rLrrtrp) :NPSiH r.rqu;rc(l / r't\i:ll(riI r(-quit(.'d :N: (irnp cryt'r tlrrw) / Nsrr {intf'. uyr-, ,lowl iM(,"riF !llcilLl, filirxirllullr, rillrtrl diilni:rtnr :liuild Ii$! lrr Hh(rloll :Flow. hc5t ctr Foint (RfP) :Flow r,rtio {rilcd / BliP) iDi.1n*-rtflr talli(r (rithjd / trtitx) I l'lead rotitt (rall)d dkr i r:r,lx (,i;r) i(:q/Ch/(;r:./(.:n IANSI/}ll ,) ai 7-?010] |,rrrlrjdit:tn lil iltilli '.u.18 t Ifr.?.7. ^r, : 10,77 / 0.00 fl :?.,3,gtl I 1(.t,2lo Lr:i tJnilri : 3$6.0 Uljqpdl :6',1.'l.b ll 'lH13% : l.:101.0 USgprrr : 99.92'1'" . 9/.titt 'Io : $:it ..lO 'Yo :100/100/100/100 I AcceplatJh, Mrrx itllowi.rhle workinrT prnr:lrrro : So(r llru Addilt)niil ll;r(;r pir.rje . $uu tlru Atkliliarri.rl D,rL,r p4qqr . N/A : lico lh+! AddirionFl Dnt? tl;rorj iComptril$l1t Pmrqr,unr I irrril : Ma xint unt i,rlkrwal)lr,,ir JrJ inn prorr$Urc l(rsl illurvr+ hr(ilor ilrower, hydrirlrli6 il-'r.rwr.rr (b<lwl / pun4r) iF owc,r, rrrxxirrum, rnled diilnrclcrr Mirrirnurn nl$onmcndod molor rnlittLl lld{|,o'rrt".wil(tu!il'rrllpdt,rNfiJr Bndq{liF.I({ttilfltr,rt,ri,ii(ltnryjvt%iljly. llryltflllrtirJJullrdlq,ktrksutdlhr</hr:{r:!r'tfre.ElvtiurdtfirdtfrxhFi lrwpEffinqlhttr:!ti/f{tyltitrJttf. : 0.00')1, :1.1I) : 161 hp : l!)1 I 190 lW :212 hp : 2ii,0 hp / 18li kW ., llrir ir r:r;;L\tt 0 8ni'l idr 1 t,:,lJ Iil n-4u tn ! f lx:,lt{y tr.ritil rTU(a[nE ilh lrm0 Ddt4fiaoic hGtd. n Wolr Floway - Fro..,no Mnirr Offico Quotr No. 3g'/190 l}tmrlQotttb;az pM f ,!o0 r,r0il r rjs.) 1,00n ?,$fi ) ifi) g: 1' I lrw. l,r:irulr 05/28/2015 11:5? FAX ua 012 / 012 FLHIiV,qY'FTJMPS 'r,.i i.iil:::i1i':t : r ', :r. Woir Floway . Fresrro Main Offlcc VERTICAL.'I'UREIN E PUMP 1,2o0.0 USgpm 531.3 ft 1'DlJ 7 S IA(}E TYPE 12JKH 10x16.5F DISCH/\RGE HHAT) { r.{)0 E IA i la,i.E3 Di:ichurqo l(lirr lSolillF ANSI Flirnq+r l6ifl Oin Fliln0+ 1? . 1 i,r Diit. h.rl,Jtr td ?5ln.0r.rll qiB:I! ' TYPICAI. LOCATION Ir)lt Dt$CHAr((iE Nolrit,,rl " r lNAl- llEAf, llrilcl.lT Wlt.t BE UE I Et{MlNhU HAst t) (rN tNl Fl{NAl ANAIY$IS ANN $PECIFI(;AI ILIN HI.VIhW NOT O HF USFD FOR CONSTRUTJTION UNLESS CERTITIED r 4!+ !?ll.r.r..l\lli!!rhtr_rN, tNclr;i3 r.lNt, E33 oTHEf(wl$E NnL-:0.rlr(Av/rN(i NoT TO $CAl,[, CltglDrrmr I(r,lor($r:r!, lir.rn Nrxrrlryr ooi (rlr) ;rrrv,. lrl/nlhrlri 12Jl(l.i 'l770 nirt(:: ?il Mily :U tli 22 May 201s P.ro(rllo[11 Ws'ar Flowny - Freglro Multr Oilica Quoto No. 387f ot,A 05/2e/2015 1l:20 FA)( 2. Projcr:t Nonre: Afilro,sri: Re[crenm /Contact Nmo: fit:lerence / Contnct Phone No:-.?L!:-1{a::.88 tt @ 00 1 /00€ s P Hclii Ll'Y CO NT RACToR 0 r t $ tr ir qq) g'*/rC T (r t\ {:?' /.1',8 r,.]t I t l'l' oi- 0ul,t.tI iOr..llot'ls Y/ELL OE LLt0TEilCAl. Vr'0rll( a Ductec$lul irslalklr r)l trcll or clccirirnl rvorii A Bid mily bo ,'ulr:clcti as noli-re$iDonsive if Bklrhr fails io prr:vide. tlris cornplnled lc'ilrr vrilil ihe Bid o:'ctttlnils tilis lonir urillt inacctrralc. Inlornution. $pccrlaily Cutlrector, or Uickjer, if soll.perforn$nn the 'rttcll 0r ehctticul ylork shall [a$seir, a valtl Gt0 and C.57 lirnrue ut tltu lirnu oi nirJ sufinrission, t-xcept a$ lo ioint vcnture bidoe rs, rvho r$ral! be liconsc.J as provkhd in Buti;tugs antl Profogsions Crxle 7(119.1 and 702{J,15 0, Worlius ot elcctricalC"l0 ol r.rcllC,5? llccnse shallhave lhil approprialc. spucialco(ilicttion at lhe lirne ol tho Bid Doadlirre and at all limes ctur'hg pellornxrnca of llro Work ond shatlesLrblish that it s:rtslaoturily contplelc'rl at loilst livo (5) public coniracts lor conslruclion o{ ir rtrv lrVoll Frctluclion Facility or Waler Purnp S:tallon in Caliloruia; oach comparablc irt scope arxl c'orrlrlexily to this Proiocl willrht lire (5) years pdor io the Bid 0ondiino. SpecinttycontractorName:*.^0-*.n*rU&-mp-&-r"tp.a+-fit*- Projeol Mnnnger/ Foro rnr,r, . t/-t C/"1go /- Phonc No: --:70 t " e"l q -:Lbp6**-+U E.rnail: ' lto''') ; COwIPABAELE PROJECTS (Provldc Requcstod lnformollon lor Fivs Comgarable Proiocts) r.ProlectNenr.'-.-tdgt-l-1-:;.!',j4-?!:..!s-LLt-t11.:-----_-**-- Arrdrsts;.-. . . ..!jillh*.-,i.rfj'1 l)@gr-_.{ty1stL-9A 0ate Comnlotcd:.-.^.,/|pr; I A,p rs \,.,/,t(t RZ- /\ Date Cr:rnpkrled: .kn_. r)*,t6_ l"lof ucnr:o/CorrtautFhoneWo:...--._/!_.!!:.-f--.i:/r,y_:_;1,.$.91!_ t)escriptiorr ot wok purttrnle a, td!,!tyttt= ill ,J lL *:ry.att fltlroh --T,n Ja / t ( h lr, . Pano 32 ol 4i: Pr,,,/ 'A- /)u @ oo2/ooB05/28/2015" 1l:20 FAX i:1. Proio,itlrhn:c: (ia, ur,r, Rc".f,rttv,rt," B#r ,R - /l /ltarnhrii...'.-..,.". Atrdrr.irri' . ....1 9r..tl-. #ltt,/-"5::t..-!!-l/.-F.tt!t;,--l? /lr-*.nlzr*".,-.Q/7. Dir re r-r o nl rl 0 r c d, ._ -.... ... /,]***/t-y:... i,! " !l__ . -. - ftclcrrmcrr/0orilnctNanre:'h errn;.9 /l lt /*'a itolorrrrrce / contaet phonc No: 6 z e - 5_. to ._ ._j l.T 4 Doscr;piion nt work podormed: 4. ProjecrNamer*,.fr:r-!-',gi-9*t ll-1lr- A ":: A /' ctr:c*lit AdcJrots:-.-;!!o N",' 0at0 conrplern( t: --,-"-/1...1:l!!-_-r? "lf Hetr'rcnco / Contael Nams: Holorence/ContaclPhone No: (, aa,-:lar(, - G 58,.3 Ooscription of work perfonned; '/A r./'q,t, nn.,t 5, ProjectNanro; -W,-!!- -n- C"ar|iqe Arrtrrow:--.-'.- I!a ! ?:1. -Eulqin .3/rt.e1!, _Q:t*rry.r,..{--d" DAto c(rmptote(,, .- - . .(ktd.-.,,.Zfl,lA Flolorenco / Col)hct Nanle: Rr"lororrce / Contact Phono no: -^,'lJ!;!:: :t-.,y ll .,!,I rl ? 7 Descrilrrion of worlt pcrtorm ed: !!_tg_h:1l.-/_Lr*,1.,t. t;:,,,1ruini Lt)fl.r1r-;....r*il*: [l .i r:hlh; /ll ls, - f)f ,t* su .5,,, ,,: ctt ( at he.r-/ l)l{to 3:J o, 4fa 05/28/2015 l1:21 FA't\a 005/008 SPECIATTY CONTRAGTOR OB SUECONTHACTOR STATEMENT OF QUALIFICANON$ WELL OR ELECTRICAL WORK As part ol irs Bi,J, Bidder Quajiticatjons ,or thc subf,nntlaclof lh$t .r,i[ poilorrn the (lnsen $pecialty sub'drnrilctol , if Hlddn will soll.perlorm ho woll or clectrirxl r,rork Tnir information sf:all provide I er pedonce in provioing pip,eline or otecl[r:al vrork companble to trat specllied in the Prolect Drawinss and .Sperilkadors. fldr:rcncei quatiJtciiiins sJrall demorprrrru e*po,i[ncJ .rs s sucee3sfulinslaller o1 woll orc{ectrirrrl work A Bid.tay bo reieclerl as non'rBspcnsivo if Biddsr f,r[s ro provide t)k 0ofirplol0d ]om wiltr thii Giij or suhilitG ihli ionn wilh i nacorralu inlorrnalion. $;ecialty cc!ilachr, or Bidder. it sell+orforming the urell or electrical rrrcrk shsll at lhe lirno of bid submistlon, e:<capt as to joint vcntunr bicJders, who $he[ bB Plofessioil$ Cod6 70e9.1 arxl ?010,15 @. Wod(Gm of oloctrical C-10 or wrJll C spoctilt alrlilicalion at lhe lime af tho Bid Deff line and at alt 0mes during penormance ol lhe Wod< -.rnd shell establish ttnt it qltshClonV completed st loast ltuC (5) publin ccntrocs for construction ol a npw Well producl-ron Fecilily Or Walerpump Stlti0n In tlalltomi4 each corEaraHe In scopo End cornptexiy to thir prolrr{ *nnin t u 1.sj yui" p,t ii,i uiutrrO DeadlinE, spociatty contnEtorNom",3(1-nl Q}41hgp.hre+ I n.c. , ,,, ., -,, , Prolcct IUanagBI / Foremon: Phone ilo:qclq - qqq- 56t o Email:-tar[*v.s\5..,"-.1Q-,triiXgr,",Sc,.c.trvrf (..:.r\ GOMPAHABLE PR0JECTS (Preuide Requeshod lnfiormation tor Five comparablo pru{octr) t- Prolcci r,larue: 3@fZqA.'(=.s*-- - Adct?ss1 3fu f E:,/er^,r+*-3_<=r:.-,5as *@ Daie Compl;ted: Flef0rcnce / CofitsEt llarne; Rotaroilcoi conrall phone uo:,-3\tc ' {yt' 5'- u{,,clo Dtccription ol rvork perrorrned: f.g{Zr\.hL.rl4--fi&-Its- 2, PrcFcttlame,-\\4"* Addressl Dete cornptuted, Ja. .^c*..b ,llo r E-- Rof oronco i Corract Name: JhmaSlf -r_ra!ralha.-_ neferencc i contlct pno* r'ro,.-3il:, )l:r-f ? 15---_ Doscriptionr,twoftpcrform.o, fA:-].,r. /r*^ Dt, +-_^tsa;lx!*_.r$i"6"r_?lar l- PEgr 3? of.t? l/d t UOC't i/6-600 ct-t1' 15t u1cc.r'1 UrO:',, [t.11"Irr(19. 6f) B I B,; At,gr1 05/28/2015 1l:22 FA'X @ 006/008 -praia;twne: '/lyt+ I 't ?<_tyt* 3r_- aodn*; fryll--r. l.f-, /-tprvzat r.r- . rr.r I-l^^-.-: o'tocofiprebd,.-Jovrsorr3, ..,*.:,(^ --.. Ref+renr:e/CorrtactName: -1gC.* V-\qffr-*,.i ., ...._.._---- Hereron;e / contact phone No: Ss_u*ls._a- tsaplr Descfiption ot wo* pertormcdl Ca;:.n'.;J:aa*.il=U.:a.*_gL- hld*=a-p,.;ure.p_;&afu:r-.- Project Namo; \-r.nG[€ss: Oate Cgmpteted; Proled Namer Flsferonce / Contact Nanre: Forercncei conraophone r.ro: S11 .\-.,J! ?,:*'iro:.:._ Dnte compered, C)..\rlb, o- _,no},.1 Desaiplior' of woft porlormra, & r..-r.l-., ._tl.Cr..^ cyn^. ,*O-@, . Vl:"i-Ldi r\ Oin., / q.r i,,,, 1."- ,..- PoEs 33 ol 42 ,rl ,e1ri-Vpt::rEO6 'cul '6urlct,.rjuc,i_) l{Of Btlg;r50 g 1 gg Arrry Heferenco / Cooto.t NanB; 05128/2015 1 1:22 FAX r1 @ oo7/oo8 SPECIALTY CONTRACTON OB SUBCONTHACTOR STATEMENT OF OUALIFICATIONS VUELT OR ELESTHICAT WOH( A6 part rrf lts Bkj, Biddor rhnll cubmlt thls Stotoment of Quailfbalions lor th6 s\bc0ntractor hal wi[ p(om [$ (lhsort $peclalty $t,lb.contr6ctor wotk), or lor the Bldder llssll, Il Bld&r wlll rollpor{om lhe woll or elsctilcsl wqrk Thls hloroiillon oltnll ptovlde o/denoe to lntilcalo succouelut otrporlonco ln puvldlng plpollne or olectrloal wotk comparable n frot tpeciftod ln ltn PoJool Drawlngs ond Spcclflcathn"q, Hoforoncorl quallfimtbns ahelldemonslralo oxporienco as fl $u0crs6ful Inrtsllpr ol well or olectrlcal wo/rr A Ud mry bo toloctcd as non.rcsonoivo if Birldor falls lo provUg llils cfinphtdd krrrn wilh tra tlld or suhnils thidr {oiln wilh lnirccurate ihfomilion. Specialty Contraclor, u Elddor, if self-perlormlng llrs wcll or electdcal woflt shall poscoss a valkl C.10 and C-f/ llouttt at tlto llnro of bld a"{:mlsslun, oxcopt as to Jolnl vcnlure blddem, who ohull be llccnsod ao provlded kr Buelnem and Proles;lons Codo 7020.'l and 70?8,15 0, Wotltutts ol dfftr[iql C"10 or wo1 C$i 1conso ahal havo he approprlale opochl ce[i,lcolion ot lho trmo ot lho BId Doadl]m and al all iinea durlng performanco of llp Work and uhall setablish thal lt salhtaciotily oomploted at lomt llvo (6) pub{lc conlracts lor cono,lruclion of a nsw Wo[ Prqrdurfon Fauilly u Waler tump litollon in Calllornlal ouch cornparahle lrt ecope Hrd corrrplexlty l0 lhh Projoct wlthin flvo (5) yc0r6 pdor lo 0ro Bld Doadlhro, Proiocl Monugor/Forenun: Phonor{o: (aur) yg- +{11 E.rn0ll: COIIIPARABLE PBOIECTS (Provido Hequasted lnlormatlon lor Flve ComparaHc Polocrte) Ileference / Crntna Nnmo:Joro,^ RofsEncoi conracr phone uo:--(5ja^?)* 135*: -33-U, Description of workportonno t Sllil n, \ -.AstL4Hfu---- pu,Jurtr'r.rr, , fjdf,s-- ----.: AdJms,s: Da:0 cor lle:lorgn.t, ao,,l'oct Namc:RaLrr4 G u+ Roionmco/conraaphonoNor-.-LA?-9)-.-0^"9^Z-..A-il.t.-"** Der,riprionotwon(peffol.e ^, " Qill^! f firilrvJa, Pqin+ l,[00 32 D' 42 o5/25/2015 11'.22 FA)(E 008/008 Dflre Comptotad: lloloronco / Contscl Norne:ick ProiactName: 0itto Compleled: llelyonoo i C,orrtacl Name: llslrrrsncs / 0onlcct Plnnu No;___- . --. Descrlplion ol wor* porlormodl 5, Plol.rct Narro: Adduse: 0olo Conlllolod; Ilsferonce / Conlacl Narnol flele.rancs / Conlad phone No: Description of work perlormod Frorsrcnco/contactnr,.n. r'ro; (?19) ,.9-35:. tltrtL -- Decuiprlon of worftportormed , -GArli - Pugo 3g ul 42 Adrlrone: - Ad0ress: 05/2812015 l1:44 FA}( Ilt.jtvt-[, s UalvlIT'I'A L r.'(.)R',i\'l " 5u*. A'l''1o,,.h,!tr'l 't @ ool/001 -.\ (:ortr[.\ii:tr: pttlrq:r i:qltiprtlctir stthmittd jnclttclil sirr'cilical i ons, proclrtr.'t t!ntit. sn;n1tlt:", nlirt)' rir l:r, rl(.r(-:(;lrrrxttr:(l trsing tlr.il, itrr'trr. r\t tlri: litrrt tri' I.l sr.r httiii url'.rl:t' Slrc:ci ficit( i t:r t Sir:l inrr l .'ifX) anrl'l 5 I As,t;i:rrrlrly ir; nr,lt, N.SF 6l r;,sltifittd, thc utrbrtrittir 22 of r5e Calitp.ria (irclc ol l(c[urla(ir:u. U (lrc r*aive, i*qu..t is nol gritnrurl hy !]tate Wlrtcl Ilcsrxrrccs Clontrol llpartl Divirrill,', rif Drinkirrg Watcr, tltrl l:itt rvi.tl tru lsiuclcri' . Fu-r, !orrg,,-, ::L!.g, '),.N.id*r, N-l*!-q, t . .l,fu [g- - J) + u,-,:h,t!e frrr,ks:-V*l -u* ,r. Nt /ir*t{ .fit:rfr C-r,pqo.f- Par':n C.gry*, '-4.*,... (i 8. IO 11. 12. 13, t4. 15. 1(i t7 r9 r [J. '),o l'iqi4 I d 4;l /\ SPEGIALTY COI{TRAGTOR OR SUBCONIRACTOR STATEMEI{T OF WELLOFEIECTRrcALWORK ) As part of iE Bi4 Bidder shal sfrnit hb SEtemmt d Qua[ficafions for [re SrSoontachr ilul wt p*turm he fhseil ryecidty sub+ortracbr rrcd$, or br tlp Hdder ibeff, il Bldder wil sdff€fform fio wdl or dect*nl trcfi. Thb infomaton stnll prorilde addencE b hdcab clccesdul ergedme in povidng ppelina or defiid ruofi cornpamble to lhd specified in the Prclect Dnawlgs and Specifudions. Rebrcnced qualftdions shall dermngfiab eryerierre es a sucoessftd inslalkr of rclloreledicd woft A Ed may be refected as norHesponslve it Bidder fails to pmide lhis comdebd hrm wih lhe Bid or $rbmib this fom wflh lnamuraPinfurdon. Speialty Contnctor, or Bidder, if sdfuerbmiry flrauellorelecti(H uuork*rafl peseos avafidC-10 and GS/hmse at ltre time ol bld suknllsion, excEt as to jolrt venh.ue Hdderc, who $all be licensed ae prurided in Business and ProfeEsiors Code i@.1 ard 7@8.15 0. Wokes of electicel Gt(l or wdl Gf/ lhense shal han ttrc +Plopnde speclal cerfrb*ion at he frne of he Hd Deadine aM at a[ time drhg pefunmane of he Work aill $a[ eshDreil1 that t satisfactodly corrpleted at tsd llve (5) pubiic conlach for oorsh.ction of a rwv Well Ptodtdion Facfity or WaH Pump $atirxr in Callomia; eadr ccrrparabh ln scope and corpbxfty b ttis Prcied utifrth fue (5) yeats prior b fte Bid Dead[ne. Spoh[yconhactor;969' IrEED ELEcrRrc rN-c' PqedManagerlForeman' KrM FARRTS Pho6elb: (s62) 270-eso0 E fndl: KFARRTS@LEEDELECTRTC. coM COMPARIIBIE PROJECIS (Provide Requested Infomn8on for Fwe Compenble Pr@cb) 1. Projectltlanp: rRvilD oRANGE PARK AcREs WELL #1 AddfeSS: 678 N. Gravier SE. Orange CA 92869 Date Comfleted:FEBRUARY 2015 Refergnce/contac{hteme:'JAcoB MoEDER Reference/ Cofitact P'hone lrh:-Ee ) 4s3' sss4 DescriptbnofwukperfOfmed:g WELLHEAD FAcrLrrY .i[rvo C}mN{rcAL TREATMENT sYsrEM 2- Propctlhme:SOUTH PASADENA WILSON RESERVOIR 666656. 545 Adetyn Drive, San Gabriel, CA 9L775 Date Completed DECEI{BER 2014 Reference/ContactPhoneNo' (525) 441-4024 ,. i DeeCriptiOnOf WOrkperfolTned: NEW WlrER. RESERVoIR, WELL PI]MP FACILITY & CHEMICAL TREATMENT Page 32 of42 INCLI'DING NEW SCE SERV]CE, TRANSFORMER, MCC, VFD, CONTROL SYSTEM AND TNSTRT]MENTATION 3. Project Name;rRWD WELL 115 AddtBSS: 2500 Commerce, I:rrine, CA 92602 Dale Completed:SEPTEMBER 2014 Reference/e,onffi}{eme:'fAcoB MoEDER Reference/Gontact Phone No: ( e4e) 4s3' sss4 Descrlpllonofwor{<performed. NEw WATER WELL AND VilELLHEAD FACILITY INCLUDING NEW SCE SERVICE, MAIN SWITCI{BOARD, MCC, 150 HP IIFD, CONTROL PANEL A}TD INSTRUMENTATION 4. Propct!.lame:TIIREE VALLEYS MWD MTRAMAR WELL NO. 2 AddfgSS: 10231 E. Miramar Ave, Claremont, CA 91711- DatecomPbte6' AUGUST 2014 Hebrence/ContadName; BmI PERALTA I/- Heference/ContactPhoneNo: (eoe) 621-ss58.__, . DeSCdpliOnOf WOdtpefbnned NEII WATER WELIJ, WELLI{EAD FACIIJITY & CHEMICAL TREATMEM| INCLUDING INSTALLATION OF NEW PUMP, MCC, 25OHP VFD, CONTROL PANEL, INSTRUMENTATION PLclscADA PRoGRAMM]NG, CHEMICAL SYSTEM 5. ProiectName: PARK wArER WELL Iec AddfeSS: 1743 E. 118th Street, COMPTON, CA 90059 DaleGornPletsd' MAY 2013 Bebrence/Conhc'tName; JANELT'E RELLoSA Hderence/ContactPhone No: (s62) 2es-sL22 Desuiplion of work perfurmed NEW WATER WELIJ AND WEIJLHEAD FACTLITY INCLUDING TNSTALLATTON OF NEW UTTLITY SERVTCE, MAIN SWTTCHBOARD, MCC, SOOHP VFD'S, CONTROL PANEL AND INSTRTJMENTATION Page 3? of 42 COMMUNITY SERVICES & WATER DEPARTMENT Samuel Kevin Wilson, Director of Community Services & Water 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-7435 May 21,2015 NOTICE TO BIDDERS _ ADDENDUM NO. I This notice shall be considered as Addendurn No. I to the Bid Form and Project Specifications for: 'Equipping Well No. 2l and Rclatcd Site Work, Conh'actNo. CS-0484. Bid Form and Proiect Specifications: 1. The Bid Forrn and Project Specification Section titled "Other Bidding Infonnation" Itern No. l, Number of Contract Calendar Days: 180 Calendar Days, on Page No. 4, shall be removed and replaced with Number of Contract Days: 270 days. 2. The Bid Forrn and Project Specification Section titled "Other Bidding Infonnation" Item No. 5, Time of Completion: This Work must bc complctcd within 180 calendar days from the date of comrnencement as cstablished by the City's written Notice to Proceed, on Page No. 4, shall be removed and replaccd with Time of Completion. This Work must be completed within 270 calendar days from the date of commencement as established by the City's written Notice to Proceed. 3. The Bid ,Fonn and Project Specification Section No. 2 Bidding Forms, Page No. 24, tnder Contractor Safety Questionnaire, Safety Perfonnance, Item No. 3, shall be omitted from Contract No- CS-0484. If you have any questions, please call Scott B. Rigg of my staff at (323) 583-881 I extension 279. SKWsr c: City Clerk Sinccrcly, // amuel Kevin Wilson, P.E. Director of Public Works, Water and Development Services E4cfusive\ Infustriaf EHIBIT D LIVING WAGE PROVISIONS Minimum Livinq 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 povide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave, No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the 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 violations, and aftomey's fees, or to compel City officials to terminate the service contract of violating employers. D EXHIBIT E EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor certilies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities, Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contnactor, state that it is an "Equal opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age, 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. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies ol 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. RECEi]\i[=D JUL O 2 ZAiS CITY CLERI('S ClIFICE STAFF REPORT CITY ADMINISTRAT!ON DATE: TO: FROM: RE: July 7,2015 Honorable City Council Mark C. Whitworth, City Administrator /'/ . Adoption of an Ordinance to Amend Certain Sections of the Vernon Municipal Code Relating to the Vernon Housing Commission Recommendations The Vernon Housing Commission and City Staff recommend the City Council: A. Find that the actions recommended in this staff report 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. B. Hold the first reading of and subsequently adopt an ordinance to arnend Section 2.125(b) of the Vemon Municipal Code to remove the first responder leasing priority, effective at 5:01 p.m. on December 8, 2015. As part of the aforementioned ordinance, City Staff further recommends the City Council: C. Amend Section 2.123(a) of the Vemon Municipal Code to establish Commission Member terms to run from July 1 through June 30, effective July 1, 2019 for four of the seven seats, and effective July 1, 2021for the three remaining seats. D. Include uncodified sections to establish the following upcoming terms in order to fully effectuate the July I through June 30 terms: Appointing Catesorv Term Resident/Council Member Ausust ll.20l7 - June 30,2021 Resident No. I Auzust ll.20l7 - June 30,2021 Resident No. 2 August ll,2015 - June 30,2019 Business Representative No. 1 August ll,20l5 - June 30,2019 Business Representative No. 2 August ll,20l7 - June 30,202I Business Representative No. 3 Ausust 11. 2015 - June 30.2019 Emplovee of Vernon Business Ausust 11. 2015 - June 30.2019 Removal of First Responder Leasins Prioritv Section 2.125(b) of the Vernon Municipal Code ("Code") requires the Housing Commission to provide first responders, as defined by the Commission with some minimum requirements imposed by the City, a first priority in leasing units unless or until four (4) or more units are concurrently occupied by first responders. As required by the Code, first responders are defined as: "City firefighters, police officers, emergency medical technicians, and similar positions held by employees of businesses located in Vernon." As further required by the Code, and in order to clarify the last category of the aforementioned, the Commission established the following definition of a "business first responder": "A business first responder is someone who is employed by a business located in the City of Vernon, regularly works 30 hours or more per week at a location in the City of Vemon, and holds either a current Emergency Medical Technician (EMT) certificate or a Community Emergency Response Training ("CERT") certificate recognized by the City of Vemon." As many of you may recall, the establishment of the Housing Commission in July 2011 was one of the earliest and most critical objectives among a sweeping series of good governance reforms enacted by the City in response to efforts by members of the state legislature to disincorporate the City. At the time the Commission was established and the first responder leasing priority was imposed by the City Council, there was much discussion and debate among the Commission, key stakeholders, and interested parties as to the importance and value of such a priority and the particular rules and limitations that should apply to such a priority if it were to exist. Pros and cons, such as the added safety provided to people and property versus the potential perception of favoritism and possible disproportionate representation that could result, were fleshed out by the Commission and the City Council. In light of the historic transition in which the City had entered and after careful consideration of all factors, the Council established the first responder priority and limit as outlined above. Now, nearly four years after the Commission's widely successful overhaul of the City's housing policies and procedures, the question of the continued importance and value of the first responder leasing priority compared against some of the practical challenges and negative perceptions it brings about has come up. As such, City staff presented the mafier to the Housing Commission for discussion at its June 10, 2015 meeting. The discussion included the following additional questions/discussion points that would need to be addressed if the first responder leasing priority were to continue, along with City staff s thoughts and recommendations: 1. How should on-going first responder status be verified? 2. What should happen if there is a change in first responder status during tenancy? 3. Should there be any specific occupancy requirements for first responders? Staff recommended that, if the Commission were to recommend the discontinuation of the first responder leasing priority, consideration be given to the timing of such a change so as not to unfairly impact any self-identified first responders who have submitted Expression of Interest Forms under the current priority for the lottery drawings to be held this calendar year. As such, staff recommends the discontinuation of the first responder leasing priority take effect at 5:01 p.m. on December 8, 2015, immediately following the deadline for interested parties to submit Expression of Interest Forms for the December 9,2015lottery drawing. The Housing Commission is prepared to take up the discussion of what, if anyhing, should be addressed in relation to the three existing tenants who obtained their units as a result of the first responder leasing priority, and make recommendations to the City Council accordingly. Imolementation of July I throueh June 30 Commission Member Terms In recent years, the City has established several new commissions and committees to ca:ry out important work undertaken as part of the City's good governance reforms. With the exception of the Housing Commission, the terms of each of the boards run from July 1 through June 30, whether or.a2 or 4-year basis. For the sake of consistency and parity among the various boards, it is recommended that Section 2.123(a) of the Vernon Municipal Code be amended to set the terms for Housing Commission Members to run from July 1 through June 30. In order to avoid disruption to any existing terms, it is recommended that the change in term take effect in20l9 for four of the seven Commission Member seats, and in202I for the remaining three seats. In order to fully effectuate the change in Housing Commission Members' terms, it is recommended that the City Council include an uncodified section in the ordinance to set the expiration of upcoming new terms at June 30 of their respective years. Fiscal Impact There are no known or anticipated costs associated with the recommendations outlined in this staff report. Attachments: None ORDTNA}ICE NO. L23O AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDTNG SECTTONS 2.L23 (A) AND 2.125(B) OF ARTICLE XVII OF CHAPTER 2 OF THE VERNON MUNICIPAL CODE REI,ATING TO THE \TERNON HOUSING COMMISSION V'IHEREAS, on June 7, 29l]-, Che City Council of the Citsy of Vernon adopted Ordinance No. 1183 establishing a Housing Commission pursuant, to the provisions of the City Chart.er of the City of Vernon and specifying the membership and duEies of the Housing Commission (t.he "Comnission"); and WHEREAS, Section 2.]-23 of Article XVfI of Chapter 2 of the Vernon City Code provides provisions regarding the terms for Commission members; and I,IHEREAS, the City Council desires to amend subsecEion (a) of Sectsion 2.]-23 Eo esEablish July 1 as the date Che terms of office begin and June 30 as Ehe date that terms of office end; and WHEREAS, SecEion 2.]-25 of ArE,icle XVII of Chaptser 2 of the Vernon City Code provides provisions regarding the duties of Commission members; and WHEREAS, E.he City Council desires t,o amend subsecEion (b) of Section 2.]-25 Eo remove first responder leasing priority; and WHEREAS. by memorandum dated JuIy 7, 2015, tshe CiCy Administrator has recommended t.he adoption of an ordinance amending Sections 2.]-23(a) and 2.1-25(b) to Ehe Vernon Municipal Code regarding the Commission. THE CTTY COI'NCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council- of the Cit.y of Vernon hereby finds and determines that t,he above recitals are true and correct,, SECTION 2:Section 2.t23(a) of Article XVII of Chapter 2 of the Vernon Mr:nicipal Code is hereby amended to read as follows: (a) Commissj-on members shaII serr/e for a term of four (4) years and may be reappointed. Terms of office for each seat shaIl years thereafter. No person sha11 serve more than two (2) fuII four (4) year terms. SECIION 3:Effective at 5:01 p.m. on December 8, 20L5, Section 2.A25 (b) of Article XVIf of Chapter 2 of the Vernon Mr:nicipal Code is hereby amended to read as follows: (b) Enforce the Vernon Rental Housing Policy and any amendments thereto reconunended by the Housing Conunission and approved by the City Cor:nci1. €enEinue Ee ^revide "firsE res^orders;" wh*eh shall be defi'r€d b]. enpleyees ef bt*sinesses }eeaEed in Verren; a firsE prieriEy in leasing ufiiEs respeneers= SECTION 4: UNCODIFID SECTION.The four members whose terms are due to e4>ire on August 10, 2015 shaI1 complete their respective terms, and their seats sha11 sr:bsequently be filIed by members who shaI1 senre from August 11, 2015 at, 12:00 a.m. r:ntil .fune 30 at 11:59 p.m. four (4) years thereafter. The three current members whose terms are due to orpire on August 10, 2017 sha1l complete their respective terms, and their seats sha11 subsequently be fil1ed by members who shalI se:rre from Augrust 11, 20A7 al 2 12:00 a.m. uncil ,June 30 aE. 11:59 p.m. four (4) years thereaft.er. SECTION 5: Any ordinance or parEs of ordinances in conflict with tshis Ordinance are hereby superseded. SECTION 5: Severability. If arty chapter. artsicl-e. section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this ordinarce or any part thereof is for Erny reason held to be unconstitutional or invalid or ineffecEive by any court of competsent jurisdiction, such decision shal1 not, affect Ehe val-idity or effectiveness of Ehe remaining portions of this Ordinance or any part thereof. Ihe Citsy Councif hereby declares Ehat it would have adopEed this Ordinance and each chaptser. article, secEion, subsecEion, subdivision, paragraph, sentence. cl-ause or phrase thereof, irrespecEive of the fact thaE any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutiorial, or invalid, or ineffective. SECTION 7: Book of Ordinances. The Cit.y CLerk shall attest and certify tso the adoplion of this ordinance and shal1 cause lhis Ordinance and Che City Clerk's certification t,o be entered in the Book of Ordinances of the Council of this City. The City Clerk shal-I cause Chis ordinance to be published or posEed as required by 1aw. 3 SECTfON 8: Effective Date. This Ordinance sha1l go into effect and be in fu11 force and effect at L2:01 a.m. on the thirty- first (3fst) day after its passage. APPROVED AI{D ADOPTED this day of _, 20t5. Name: Title: Mayor / trtayor Pro-Tem ATTEST: City Clerk / Oeputy City Clerk APPROVED AS TO FORM: Hema Pate1, City Attorney 4 STATE OF CAIIFORNIA )) ss COUNTY OF LOS ANGELES ) r,, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. l-230 was duly and regularly introduced at a regular meeting of the City Council of tshe citsy of Vernon, held in the City of Vernon on Tuesday, ,July 7, 2Of5, and thereaftser adopted at a meeting of said City Council held on Tuesday, , by Ehe following voEe : AYES: NOES : ABSENT: Counc i lmembers : Councilmembers: Councilmembers: And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Execuced Chis day of 2075, aE Vernon, Cal-ifornia. City Clerk / Deputy City CLerk ( SEAL ) 5