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2016-01-05 City Council Agenda PacketCalifornia Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda items, including attachments, which are presented to the City Council in open session are available for public inspection. They may be inspected during regular business hours in the Office of the City Clerk at Vernon City Hall, 4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City’s website at www.cityofvernon.org. Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the Cit y 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, January 5, 2016, 9:00 a.m. City Hall, 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. Los Angeles County Bicycle Coalition announcement on the Operation Firefly program. 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 2. Claim for Damages from Ad Art Co received on December 15, 2015 in the amount of $17,222. Regular City Council Meeting Agenda January 5, 2016 Page 2 of 5 Minutes – To be Received and Filed 3. Minutes of the Regular City Council Meeting held December 1, 2015. 4. Minutes of the Special and Regular City Council Meeting held December 15, 2015. 5. Minutes of the Special City Council Meeting held December 15, 2015, at 1:00 p.m. 6. Minutes of the Special City Council Meeting held December 28, 2015. Warrant Registers 7. Approval of City Warrant Register No. 1439, totaling $2,543,800.81, which covers the period of December 8 through December 28, 2015, and consists of the following: A. Ratification of wire transfers totaling $1,977,670.89; and B. Ratification of the issuance of early checks totaling $353,501.14; and C. Authorization to issue pending checks totaling $192,628.78. 8. Approval of Light & Power Warrant Register No. 404, totaling $5,362,528.10, which covers the period of December 8 through December 28, 2015, and consists of the following: A. Ratification of wire transfers totaling $5,291,922.51; and B. Ratification of the issuance of early checks totaling $44,264.98; and C. Authorization to issue pending checks totaling $26,340.61. 9. Approval of Gas Warrant Register No. 192, totaling $128,983.79, which covers the period of December 8 through December 28, 2015, and consists of the following: A. Ratification of wire transfers totaling $109,005.27; and B. Ratification of the issuance of early checks totaling $13,697.55; and C. Authorization to issue pending checks totaling $6,280.97. 10. Approval of RDA Obligation Retirement Fund Warrant Register No. 28, totaling $398.59, which covers the period of November 24 through December 28, 2015, and consists of the following: A. Ratification of the issuance of early checks totaling $398.59. Regular City Council Meeting Agenda January 5, 2016 Page 3 of 5 Fire Department 11. Activity Report for the period of December 1 through December 15, 2015, to be received and filed. Police Department 12. Activity Log and Statistical Summary of Arrests and Activities for the period of December 1, through December 15, 2015, to be received and filed. Public Works, Water, and Development Services Department 13. November 2015 Monthly Building Department Report, to be received and filed. NEW BUSINESS City Administration Department 14. Continued Item - Proposed One-Year Professional Services Agreement with John Van de Kamp of Mayer Brown LLP to Serve as Special Advisor to the City of Vernon. Recommendation: A. Find that approval of the proposed agreement is exempt from the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines § 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Approve, in concept, a proposed Professional Services Agreement with John Van de Kamp of Mayer Brown LLP to serve as Special Advisor to the City of Vernon for a period of one year, effective February 15, 2016; and C. Provide direction and authorization to the City Administrator to negotiate the specific scope and terms of the proposed agreement with Mr. Van de Kamp, and present a final recommendation regarding such an agreement to City Council prior to February 15, 2016. Public Works, Water and Development Service Department 15. Bid Award for Urban Forest Management Services, Contract No. CS-0607. Recommendation: (Items A-B) A. Find that entering into the proposed contract for Urban Forest Management 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) Section 15301, because the proposed service involves an existing project with negligible or no expansion of use; and Regular City Council Meeting Agenda January 5, 2016 Page 4 of 5 B. Accept the bid from Trimming Land Compan y, Inc., as the lowest responsive and responsible bidder and enter into the attached contract, in an amount not to exceed $233,755.00 For Urban Forest Management Services, Contract No. CS-0607. ORDINANCES 16. Ordinance No. 1235 - An Ordinance of the City Council of the City of Vernon amending the zoning code to regulate distributed generation within the City of Vernon and to correct a typographical error in the billboard zoning requirements and adopt a negative declaration pursuant to the California Environmental Quality Act; and repealing all ordinances or parts of ordinances in conflict herewith. (second reading) Recommendation: A. Adopt an ordinance amending the City of Vernon’s Zoning ordinance to 1) Define Distributed Generation, 2) Establish regulations regarding Distributed Generation and 3) Correct a typographical error in Section 26.8.3-4(c); and B. Adopt a Negative Declaration finding that there is no substantial evidence, in light of the whole record before the City, that the project may have a significant effect on the environment within the meaning of the California Environmental Quality Act (CEQA). 17. Ordinance No. 1234 - An Ordinance of the City Council of the City of Vernon (i) amending Article VI of Chapter 5 of the Vernon Municipal Code by removing massage businesses from the definition of adult and sexually oriented businesses; (ii) renumbering current Article VII (Utility Users’ Tax) of Chapter 5 of the Vernon Municipal Code to Article VIII, and adding new Article VII of Chapter 5 of the Vernon Municipal Code relating to the business permit regulation of massage businesses; (III) amending Article II of Chapter 13 of the Vernon Municipal Code by adding massage businesses to the list of those businesses required to obtain health permits prior to operation; (IV) amending Article II of Chapter 26 (Zoning) of the Vernon Municipal Code by removing the definition of “Massage Parlors”; and (V) renumbering current Articles VIII, IX and X of Chapter 26 (Zoning) to Articles IX, X and XI of the Vernon Municipal Code and renumbering sections accordingly, and adding new Article VIII to Chapter 26 (Zoning) of the Vernon Municipal Code; and repealing all ordinances or parts of ordinances in conflict herewith. (second reading) Recommendation: (Items A –B) A. Adopt an ordinance 1) Amending Article VI of Chapter 5 of the Vernon Municipal Code by removing Massage Businesses from the definition of Adult and Sexually Oriented; 2) Renumbering current Article VII (Utility Users’ Tax) of Chapter 5 of the Vernon Municipal Code to Article VIII and adding a new Article VII of Chapter 5 of the Vernon Municipal Code relating to the Business Permit Regulation of Massage Businesses; 3) Amending Article II of Chapter 13 of the Vernon Municipal Code by adding Massage Businesses to the list of those Businesses required to obtain a Health Permit prior to operation; 4) Amending Article II of Chapter 26 (Zoning) of the Vernon Municipal Code by removing the definition of “Massage Parlors”; and 5) Renumbering current Articles VIII, IX and X of Chapter 26 (ZONING) to Articles IX, X AND XI Regular City Council Meeting Agenda January 5, 2016 Page 5 of 5 of the Vernon Municipal Code and renumbering sections accordingly, and adding new article VIII to Chapter 26 (Zoning) of the Vernon Municipal Code. B. Find that this Ordinance is not a “project” as defined under the California Environmental Quality Act (CEQA) Guidelines, section 15378, because it will not result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. This Ordinance is general policy and procedure making that is explicitly exempt from the definition of “project” under CEQA Guidelines section 15378(b)(2). Even assuming the Ordinance were a “project” under CEQA, however, it would still be exempt from CEQA review under CEQA Guidelines section 15061(b)(3), the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment, and, as stated above, it can be seen with certainty that there is no possibility that the Ordinance in question may have a significant effect on the environment. ORAL REPORTS 18. Update from City staff and City consultant regarding the proposed next steps relating to the modern conceptual design options of the official seal of the City of Vernon and new City of Vernon logo options presented at the December 1, 2015 meeting. 19. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. 20. 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 30th day of December 2015. By: ________________________________ Maria E. Ayala City Clerk CLAIM FOR DAMAGES TO PERSON OR PBOPEBTY INSTRUCTIONS RESERVE FOR F]UNG STAUP CLAIM 1, Clelns lor death, iiury to p€rson or to p€Eonal pro98r!l must be fled mt lator" ffi'5 ninhs-aiEi uL occr.rrence. (Go'' @do sec' 9112) z. Ctatns tot Oanaoas to .gal prog€tly and/ol breach of contract must be bLto1 E. 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Santa Fe Avenue Vernon, CA 90058 Per our discussion and emails, Ad Art has experienced three outages in the past two months that has cost us $17,222. As I previously stated, we had crews working and we had to send them home and pay them their entire shift. Then, we also had to pay them to come in at overtime pay the next day to set up the job again and complele the work. There have been three outages in the past 5 weeks that were not due to weather but, obviously due to old or poorly maintained equipment. We will expect the City of Vernon to reimburse these and have detailed the reimbursement amounts below. 11n 115 Power outage occurs at 17:59:41$2,903 25 Employees paid 11[/15 for remainder of shift - 5 hours s4,644 25 Employees paid overtime for Sunday shift 11l8/15 - I hours 11124t15 Power outage occurs at 22:18:35 10 Employees paid 11i24115 tot rcmainder of shift - I hours 10 Employees paid overtime 11/25l'15 to come into complete work - I hours 12t11t15 Power outage occurs at '18:07:29 $ 1,935 25 Employees paid 121'11115to( rcrnainder of shift - 5 hours54,644 25 Emplovees paid '12112l15 overtime to complete work - 8 hours Total s17 ,222 Reimbursement due from City of Vemon to Ad Art Please feel free to call me at 323.981.E941 to discuss. idemarco@adartco.com 323.981.8941 $1,238 $1,8s8 I MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, DECEMBER 1, 2015, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Davis, Martinez, Ybarra, and Woodruff-Perez MEMBERS ABSENT: None The meeting was called to order at 9:05 a.m. by Mayor McCormick who also led the flag salute. CHANGES TO THE AGENDA City Clerk Maria E. Ayala confirmed that there were no changes to the agenda. PUBLIC COMMENT Mayor McCormick announced that this was the time allotted for public comment, and inquired whether anyone in the audience wished to address the City Council. The public will also be given an opportunity to comment on matters on the posted agenda during Council deliberation. Independent Reform Monitor John Van de Kamp provided public comment on closed session matters. Vernon Chamber of Commerce President Marisa Olguin provided public comment on the retirement of City Administrator Mark Whitworth and the need for the City to continue on the path of good governance. Local Activist Sandra Orozco provided public comment on the following: recent death of Downey Police Officer Ricardo Galvez, multiple sclerosis proclamation, recent City of Maywood Election, and Vernon’s impact on local cities. PUBLIC HEARINGS 1. Public comment on the proposed Tentative Parcel Map No. 73831: Resolution No. 2015-74 - A Resolution of the City Council of the City of Vernon granting tentative parcel map no. 73831 to HP-A Vernon, LLC to subdivide property located at 3501 Vernon Avenue. Recommendation: A. Find that approval of the proposed Tentative Parcel Map No. 73831 is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15315, Class 15 “Minor land division of industrial property into four or fewer parcels,” of the CEQA guidelines, because the proposed division of property is i n an area zoned “industrial,” it is in conformance with the general plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. Therefore, a Notice of Exemption will be filed with the County Clerk’s office; and B. Adopt a resolution approving a Tentative Parcel Map No. 73831 to subdivide property located at 3501 Vernon in conformance with the City subdivision ordinance and State Subdivision Map Act, subject to the conditions of approval for the property located at 3501 Vernon Avenue. At 9:20 a.m., Mayor McCormick opened the public hearing on the proposed recommendation. Director of Public Works, Water and Development Services Kevin Wilson presented on the recommendation. Wilson responded to Mayor Pro-Tem Davis’ inquiries. Regular City Council Meeting Minutes December 1, 2015 Page 2 of 6 At 9:30 a.m., Mayor McCormick opened the public comment portion of the public hearing. Architect Barry Segal provided public comment and proposed an amendment to condition “e” on behalf of his client HP-A Vernon, LLC. Director of Health and Environmental Control Leonard Grossberg and Wilson further reported on staff’s recommendation and responded to Council’s inquiries. At 9:35 a.m. with no further public comment or Council deliberation the public comment portion and public hearing closed. It was moved by Davis and seconded by Ybarra to approve Resolution No. 2015-74 as presented. Motion carried, 5-0. CONSENT CALENDAR It was moved by Martinez and seconded by Woodruff-Perez to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 5-0. Claims Against the City – Received and Filed 2. Claim for Damages from Roberto A. Erazo received on November 16, 2015 in the amount of $3,000. Minutes – To be Received and Filed 3. Minutes of the Regular City Council Meeting held November 3, 2015. 4. Minutes of the Regular City Council Meeting held November 17, 2015. Warrant Registers 5. Ratification of the following City Warrant Register to record the following voided checks: A. City Warrant Register No. 1424 to record voided Check No. 347521 in the amount of $185.00; and B. City Warrant Register No. 1425 to record voided Check No. 347574 in the amount of $5,000.00. 6. Approval of City Warrant Register No. 1437, totaling $1,554,793.72, which covers the period of November 10 through November 23, 2015, and consists of the following: A. Ratification of wire transfers totaling $999,502.02; and B. Ratification of the issuance of early checks totaling $384,787.73; and C. Authorization to issue pending checks totaling $170,503.97. 7. Approval of Light & Power Warrant Register No. 402, totaling $4,571,768.11, which covers the period of November 10 through November 23, 2015, and consists of the following: A. Ratification of wire transfers totaling $4,421,585.97; and B. Ratification of the issuance of early checks totaling $28,037.13; and C. Authorization to issue pending checks totaling $68,145.01. Regular City Council Meeting Minutes December 1, 2015 Page 3 of 6 8. Approval of Gas Warrant Register No. 190, totaling $17,054.94, which covers the period of November 10 through November 23, 2015, and consists of the following: A. Ratification of the issuance of early checks totaling $16,773.90; and B. Authorization to issue pending checks totaling $281.04. 9. Approval of RDA Obligation Retirement Fund Warrant Register No. 27, totaling $1,680.00, which covers the period of September 29 through November 23, 2015, and consists of the following: A. Ratification of the issuance of early checks totaling $1,680.00; and City Administration Department 10. Report on FY 2015/2016 Docket II Grants Awarded by Vernon CommUNITY Fund Grant Committee. Recommendation: A. Receive and file the report as it is provided for informational purposes only, pursuant to Section 2.167(e) of the Vernon Municipal Code. Fire Department 11. Activity Report for the period of November 1 through November 15, 2015, to be received and filed. Police Department 12. Activity Log and Statistical Summary of Arrests and Activities for the period of November 1, through November 15, 2015, to be received and filed. NEW BUSINESS City Administration Department 13. Resolution No. 2015-75 - A Resolution of the City Council of the City of Vernon approving and authorizing the execution of a California Residential Purchase Agreement and Joint Escrow Instructions, and all related documents, with Reyes A. Lemus and Lorena Jimenez for the real property located at 6044 Stafford Avenue, Huntington Park, CA 90255. Recommendation: A. Find that approval of the proposed resolution is exempt from the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines § 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 resolution approving a California Residential Purchase Agreement and Joint Escrow Instructions, and all related documents, with Reyes A. Lemus and Lorena Jimenez for the real property located at 6044 Stafford Avenue, Huntington Park, CA 90255. Deputy City Administrator Kristen Enomoto reported on the item Luther Sanchez of Century 21 Allstars further reported on the request for approval of the Residential Purchase Agreement and Joint Escrow Instructions. It was moved by Ybarra and seconded by Davis to approve Resolution No. 2015-75. Motion carried, 5-0. Regular City Council Meeting Minutes December 1, 2015 Page 4 of 6 Public Works, Water and Development Services Department 14. Amendment No. 4 to the Services Agreement between the City of Vernon and Cannon Corporation for the Engineering Design and Construction Support Services. Recommendation: A. Find that the proposed Amendment No. 4 to the Services Agreement between the City of Vernon and Cannon Corporation for the Engineering Design and Construction Support Services Well No. 21 is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061 (b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Approve Amendment No. 4 extending the Services Agreement between the City of Vernon and Cannon Corporation for the Engineering Design and Construction Support Services for Well 21, effective January 1, 2016 through June 30, 2016. Director of Public Works, Water and Development Services Kevin Wilson provided the oral report. It was moved by Ybarra and seconded by Martinez to approve Amendment No. 4 to the services agreement with Cannon Corporation. Motion carried, 5-0. DISCUSSION ITEMS (POSSIBLE DIRECTIVES TO STAFF) 15. City staff and City consultants to present samples of modern conceptual design options of the official seal of the City of Vernon and new City of Vernon logo options. City staff will seek feedback and direction from the City Council on the options presented in order to provide final recommendations at a subsequent meeting. Senior Advisor to the City Administrator Fred MacFarlane provided the oral report. Representatives of DDCC Ruth Drizen-Dohs, Christina Jorgensen, and Shannon Fitzgerald presented sample logos and seal options. ORAL REPORTS 16. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. Police Chief Daniel Calleros reported on recent incidents including commercial burglaries, a man down incident, and DUI check point. Police Captain Michael Gillman reported one vandalism incident. Mayor McCormick provided information on additional vandalism. Fire Chief Michael Wilson reported the following: Children’s Hospital Blood Drive, Spark of Love Toy Drive, personnel training, equipment certification, and dumpster fire incident. Director of Public Works, Water and Development Services Kevin Wilson provided updates on capital improvement projects and Eco-Rapid Transit Summit on public transportation. Director of Gas and Electric Carlos Fandino reported on recent power outages. Fandino also reported and provided a memorandum concerning the emergency replacement of the electric panel at Pump House No. 2. Said incident will be agendized at the next Council meeting. Director of Public Works, Water and Development Services Wilson further advised that an RFP for an assessment of all electrical equipment has been issued. Regular City Council Meeting Minutes December 1, 2015 Page 5 of 6 Director of Finance William Fox reported on business license renewals and asset review/inventory in compliance with GASB 34. Director of Health and Environmental Control Leonard Grossberg announced the Green Vernon Commission Meeting on December 16, 2015 at 3:30 p.m. and upcoming Use Oil Calendar presentation. Interim Director of Human Resources Lisette Grizzelle announced that today is the last day for City employees’ open enrollment, and reported on upcoming Council interviews for the Public Works, Water and Development Services Director position. Employee Recognition and Holiday Celebration is scheduled for December 17, 2015 at Trattoria. Economic Development Manager Alex Kung reported on the California Competes Tax Credit program. City Clerk Maria E. Ayala presented on the recent Community Informational Meeting on the Elections Process held on November 18, 2015 at Vernon Village Park. City Administrator Mark Whitworth made a statement on his work experience in Vernon, the City’s reform and good governance efforts, and retirement announcement. 17. City Council Reports – brief report on activities, announcements, or directives to staff. Councilmember Martinez wished Fire Chief Wilson a happy birthday. Councilmember Woodruff-Perez directed staff to agendize a recommendation concerning Independent Reform Monitor John Van de Kamp’s agreement for the n ext City Council meeting, December 15, 2015. At 10:47 a.m., Mayor McCormick recessed the meeting. At 11:04 a.m. the meeting reconvened. CLOSED SESSION At 11:04 a.m., the City Council entered into closed session to discuss the following agendized items: 18. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Title: City Administrator 19. PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957(b)(1) Title: City Administrator 20. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (2) Government Code Section 54957(b)(1) A. Title: City Attorney B. Title: City Administrator 21. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Government Code Section 54957(b)(1) At 12:24 p.m., the City Council exited closed session. Special Legal Counsel Joung Yim announced that there was no reportable action. Regular City Council Meeting Minutes December 1, 2015 Page 6 of 6 With no further business, at 12:25 p.m., Mayor McCormick adjourned the meeting. ________________________ W. Michael McCormick Mayor ATTEST: _________________________ Maria E. Ayala City Clerk MINUTES OF THE SPECIAL AND REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, DECEMBER 15, 2015, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Davis, Martinez, Ybarra, and Woodruff-Perez MEMBERS ABSENT: None The meeting was called to order at 9:05 a.m. by Mayor McCormick who also led the flag salute. SPECIAL MEETING The Special meeting of the City Council was called to order at 7:30 a.m. by Mayor McCormick. PUBLIC COMMENT Mayor McCormick announced that this was the time allotted for public comment on the Special meeting portion of the Agenda, Closed Session only, and inquired whether anyone in the audience wished to address the City Council. No one responded. CLOSED SESSION Mayor McCormick asked whether any member of the public wished to address the Council on the closed session agenda. Marisa Olguin, President of the Vernon Chamber of Commerce, provided public comment. At 7:30 a.m., the City Council entered into closed session to discuss the following agendized items: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(a) Name of Case: Ray Shelton vs. City of Vernon; Workers Compensation Appeals Board Case No. ADJ9509466 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of potential cases: 1 3. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Title: City Administrator 4. PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957(b)(1) Title: City Administrator 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957(b)(1) Title: City Administrator Special & Regular City Council Meeting Minutes December 15, 2015 Page 2 of 13 6. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Government Code Section 54957(b)(1) At 8:46 a.m., the City Council exited closed session. Special Legal Counsel Joung Yim announced that there was no reported action. With no further business, at 8:47 a.m., Mayor McCormick adjourned the special meeting. ----------------------------------------------------------------------------------------------------------------- REGULAR MEETING At 9:00 a.m., Mayor McCormick called the meeting to order; Mayor Pro -Tem Davis led the flag salute. CHANGES TO THE AGENDA Mayor McCormick announced that Item No. 16, approval of the updated at-will employment agreements, will be considered after Item No. 21, resolution adopting an amended and restated Citywide Fringe and Salary Benefits. PUBLIC COMMENT Mayor McCormick announced that this was the time allotted for public comment, and inquired whether anyone in the audience wished to address the City Council. The public will also be given an opportunity to comment on matters on the posted agenda during Council deliberation. Independent Reform Monitor John Van de Kamp made public comments concerning the proposed agreement for his services. Vernon Chamber of Commerce President Marisa Olguin provided public comment on the recruitment process for both the Human Resources Director and City Administrator positions. PRESENTATIONS 1. A Proclamation of the Mayor and the City Council of the City of Vernon Commending Samuel “Kevin” Wilson for his many years of dedicated service to the City of Vernon. Mayor McCormick presented the proclamation to retiring Director of Public Works, Water and Development Services Kevin Wilson. The following provided public comment commending and thanking Wilson for his years of service: - Vice President of Construction for C.E.G. Construction Richard Lucas - Eco-Rapid Transit Executive Director Michael Kodama - Senior Advisor to the City Administrator Fred MacFarlane - Vernon Chamber of Commerce President Marisa Olguin - Spouse Leticia Wilson - Independent Reform Monitor John Van de Kamp Wilson thanked all. At 9:15 a.m., Mayor McCormick called for a short recess. At 9:24 a.m., the meeting was reconvened. PUBLIC HEARINGS 2. Public comment on the vacating of a portion of Seville Avenue from Leonis Boulevard to 50th Street: Special & Regular City Council Meeting Minutes December 15, 2015 Page 3 of 13 Resolution No. 2015-76 - A Resolution of the City Council of the City of Vernon vacating a portion of Seville Avenue between Leonis Boulevard and five feet south of the southerly line of former 50th Street and adopting a negative declaration pursuant to the California Environmental Quality Act. Recommendation: A. Adopt the resolution vacating a portion of Seville Avenue between Leonis Boulevard and 50th Street; and B. Adopt a Negative Declaration finding that the project will not have a significant impact on the environment, or to the extent potentially significant effects exist, and there is no substantial evidence, in light of the whole record before the City, that the project may have a significant effect on the environment within the meaning of the California Environmental Quality Act (CEQA); and C. Authorize the City Clerk to record the adopted resolution and to file a Notice of Determination with the County Clerk. At 9:24 a.m., Mayor McCormick opened the public hearing on the proposed recommendation. Director of Public Works, Water and Development Services Kevin Wilson reported on the proposed. Wilson responded to Councilmember Ybarra’s and Mayor Pro-Tem Davis’ inquiries. At 9:32 a.m., Mayor McCormick opened the public comment portion of the public hearing. Wilson provided copies of written public comment received by the Department. At 9:34 a.m. with no further public comment or Council deliberation the public comment portion and public hearing closed. It was moved by Davis and seconded by Martinez to approve Resolution No. 2015-76 as presented. Motion carried, 5-0. 3. Public comment on the proposed amendments to the City’s Zoning Code to establish regulations for distributed generation within the City and to clarify existing regulations regarding billboard signs: Ordinance No. 1235 - An Ordinance of the City Council of the City of Vernon amending the zoning code to regulate distributed generation within th e City of Vernon and to correct a typographical error in the billboard zoning requirements and adopt a negative declaration pursuant to the California Environmental Quality Act; and repealing all ordinances or parts of ordinances in conflict herewith. (first reading) Recommendation: A. Approve the first reading of an ordinance amending the City of Vernon’s Zoning ordinance to 1) Define Distributed Generation, 2) Establish regulations regarding Distributed Generation and 3) Correct a typographical error in Section 26.8.3-4(c); and B. Adopt a Negative Declaration finding that there is no substantial evidence, in light of the whole record before the City, that the project may have a significant effect on the environment within the meaning of the California Environmental Quality Act (CEQA). At 9:35 a.m., Mayor McCormick opened the public hearing for Ordinance No. 1235. Director of Public Works, Water and Development Services Kevin Wilson reported on the proposed recommendation. Utilities Engineering Manager Ali Nour presented on the distributed generation impact study. Special & Regular City Council Meeting Minutes December 15, 2015 Page 4 of 13 At 10:02 a.m., Mayor McCormick opened the public comment portion of the public hearing. Vernon Chamber of Commerce President Marisa Olguin provided public comment At 10:03 a.m. with no further public comment or Council deliberation the public comment portion and public hearing closed. It was moved by Davis and seconded by Martinez to approve the first reading of Ordinance No. 1235. Motion carried, 5-0. 4. Public comment on the proposed amendments to the Vernon Municipal Code establishing regulations for Massage Businesses: Ordinance No. 1234 - An Ordinance of the City Council of the City of Vernon (i) amending Article VI of Chapter 5 of the Vernon Municipal Code by removing massage businesses from the definition of adult and sexually oriented businesses; (ii) renumbering current Article VII (Utility Users’ Tax) of Chapter 5 of the Vernon Municipal Code to Article VIII, and adding new Article VII of Chapter 5 of the Vernon Municipal Code relating to the business permit regulation of massage businesses; (III) amending Article II of Chapter 13 of the Vernon Municipal Code by adding massage businesses to the list of those businesses required to obtain health permits prior to operation; (IV) amending Article II of Chapter 26 (Zoning) of the Vernon Municipal Code by removing the definition of “Massag e Parlors”; and (V) renumbering current Articles VIII, IX and X of Chapter 26 (Zoning) to Articles IX, X and XI of the Vernon Municipal Code and renumbering sections accordingly, and adding new Article VIII to Chapter 26 (Zoning) of the Vernon Municipal Code; and repealing all ordinances or parts of ordinances in conflict herewith. (first reading) Recommendation: A. Approve the first reading of an ordinance 1) Amending Article VI of Chapter 5 of the Vernon Municipal Code by removing Massage Businesses from the definition of Adult and Sexually Oriented; 2) Renumbering current Article VII (Utility Users’ Tax) of Chapter 5 of the Vernon Municipal Code to Article VIII and adding a new Article VII of Chapter 5 of the Vernon Municipal Code relating to the Business Permit Regulation of Massage Businesses; 3) Amending Article II of Chapter 13 of the Vernon Municipal Code by adding Massage Businesses to the list of those Businesses required to obtain a Health Permit prior to operation; 4) Amending Article II of Chapter 26 (Zoning) of the Vernon Municipal Code by removing the definition of “Massage Parlors”; and 5) Renumbering current Articles VIII, IX and X of Chapter 26 (ZONING) to Articles IX, X AND XI of the Vernon Municipal Code and renumbering sections accordingly, and adding new article VIII to Chapter 26 (Zoning) of the Vernon Municipal Code. B. Find that this Ordinance is not a “project” as defined under the California Environmental Quality Act (CEQA) Guidelines, section 15378, because it will not result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. This Ordinance is general policy and procedure making that is explicitly exempt from the definition of “project” under CEQA Guidelines section 15378(b)(2). Even assuming the Ordinance were a “project” under CEQA, however, it would still be exempt from CEQA review under CEQA Guidelines section 15061(b)(3), the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment, and, as stated above, it can be seen with certainty that there is no possibility that the Ordinance in question may have a significant effect on the environment. At 10:05 a.m., Mayor McCormick opened the public hearing for Ordinance No. 1234. Director of Public Works, Water and Development Services Kevin Wilson reported on the proposed. Special & Regular City Council Meeting Minutes December 15, 2015 Page 5 of 13 At 10:09 a.m., Mayor McCormick opened the public comment portion of the public hearing. At 10:10 a.m. with no public comment or Council deliberation the public comment portion and public hearing closed. It was moved by Martinez and seconded by Woodruff-Perez to approve the first reading of Ordinance No. 1234. Motion carried, 5-0. CONSENT CALENDAR It was moved by Davis and seconded by Woodruff-Perez to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 5-0. Claims Against the City – Received and Filed 5. None. Warrant Registers 6. Ratification of the following City Warrant Registers to record the following voided checks: A. City Warrant Register No. 1435 to record voided Check No. 349099 in the amount of $4,578.14; and B. City Warrant Register No. 1436 to record voided Check No. 349168 in the amount of $542.56. 7. Approval of City Payroll Warrant Register No. 714, totaling $3,008,964.08, which covers the period of November 1 through November 30, 2015, and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,125,363.08; and B. Checks and electronic fund transfers (EFT) totaling $883,601.00. 8. Approval of City Warrant Register No. 1438, totaling $888,463.93, which covers the period of November 24 through December 7, 2015, and consists of the following: A. Ratification of wire transfers totaling $435,127.85; and B. Ratification of the issuance of early checks totaling $231,226.30; and C. Authorization to issue pending checks totaling $222,109.78. 9. Approval of Light & Power Warrant Register No. 403, totaling $6,811,833.04, which covers the period of November 24, through December 7, 2015, and consists of the following: A. Ratification of wire transfers totaling $6,748,959.77; and B. Ratification of the issuance of early checks totaling $20,609.47; and C. Authorization to issue pending checks totaling $42,263.80. / / / / / / / / / Special & Regular City Council Meeting Minutes December 15, 2015 Page 6 of 13 10. Approval of Gas Warrant Register No. 191, totaling $1,368,650.18, which covers the period of November 24 through December 7, 2015, and consists of the following: A. Ratification of wire transfers totaling $1,337,356.70; and B. Ratification of the issuance of early checks totaling $28,893.48; and C. Authorization to issue pending checks totaling $2,100.00. City Administration 11. Approve the following Eagle Scout proclamations for service to and support of their community: A. A Proclamation of the Mayor and the City Council of the City of Vernon commending and honoring Walter Frank Calderon for his service and support of his community. B. A Proclamation of the Mayor and the City Council of the City of Vernon commending and honoring Hector Corrales for his service and support of his community. C. A Proclamation of the Mayor and the City Council of the City of Vernon commending and honoring Geraldo Alberto Langarcia for his service and support of his community. D. A Proclamation of the Mayor and the City Council of the City of Vernon commending and honoring Edward Brambila for his service and support of his community. E. A Proclamation of the Mayor and the City Council of the City of Vernon commending and honoring Andres Sandoval for his service and support of his community. Fire Department 12. Activity Report for the period of November 16 through November 30, 2015, to be received and filed. Gas and Electric Department 13. Pump House No. 2 Electric Panel Emergency Repair. Recommendation: A. Find that the Pump House No. 2 Emergency Repair as well as the receipt and filing of the staff report with the Clerk’s Office are exempt from California Environmental Quality Act (CEQA) review because, as continuing administrative or maintenance activities, neither is a “project” as defined in CEQA Guidelines section 15378(b)(2). And even if such activities were “projects,” they would be exempt from CEQA review 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. Receive and file the staff report which has been provided for informational purposes only, pursuant to Vernon Municipal Code (VMC) Section 2.17.36 which states in part that a full account of the circumstances of any emergency purchases shall be filed with the City Council. Health and Environmental Control Department 14. November 2015 Monthly Report, to be received and filed. Special & Regular City Council Meeting Minutes December 15, 2015 Page 7 of 13 Police Department 15. Activity Log and Statistical Summary of Arrests and Activities for the period of November 16, through November 30, 2015, to be received and filed. NEW BUSINESS City Administration Department 16. Item moved and will be addressed after No. 21. 17. Proposed One-Year Professional Services Agreement with John Van de Kamp of Mayer Brown LLP to Serve as Special Advisor to the City of Vernon. Recommendation: A. Find that approval of the proposed agreement is exempt from the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines § 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Approve, in concept, a proposed Professional Services Agreement with John Van de Kamp of Mayer Brown LLP to serve as Special Advisor to the City of Vernon for a period of one year, effective February 15, 2016; and C. Provide direction and authorization to the City Administrator to negotiate the specific scope and terms of the proposed agreement with Mr. Van de Kamp, and present a final recommendation regarding such an agreement to City Council prior to February 15, 2016. City Administrator Mark Whitworth reported on the proposed item. Independent Reform Monitor John Van de Kamp provided public comment and proposed a renewal of the existing service agreement for an additional year. Vernon Chamber of Commerce President Marisa Olguin provided public comment also in support of a renewal of the existing service agreement for an additional year. City Council deliberated. It was moved to Ybarra and seconded by Woodruff-Perez to continue the item to the January 5, 2016 Council meeting. Motion carried, 5-0. Gas and Electric Department 18. City Council Update - Distributed Generation Impact Study Final Report with Staff Recommendations. Recommendation: A. Find that the Distributed Generation Impact Study findings and staff recommendations referenced in the staff report are exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Accept the Distributed Generation Impact Study findings as detailed by Power Engineers, Inc.; and C. Receive and file this report and its attachments for informational purposes only. There is no action required by City Council at this time. Special & Regular City Council Meeting Minutes December 15, 2015 Page 8 of 13 Director of Gas and Electric Carlos Fandino reported on the item, he noted that the presentation had been conducted as part of the public hearing for Ordinance No. 1235. It was moved by Martinez and seconded by Ybarra to receive and file the Distributed Generation Impact Study Final Report with staff recommendations. Motion carried, 5-0. 19. Award of Bids and Purchase Contracts to Young and Company (Howard Industries); Wesco Distribution (Copper Power) and Power Partners c/o Pacific Utilities (ABB) for Overhead Distribution Transformers for the Vernon Gas & Electric Department (Bid Specification #TR1-2015 OH). Recommendation: A. Find that proposed purchase of Overhead distribution transformers is exempt from California Environmental Quality Act (CEQA) review because, as a continuing administrative or maintenance activity, such is not a “project” as defined in CEQA Guidelines section 15378(b)(2). And even if such activity were a “project,” it would be exempt from CEQA review 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. Accept that the following companies were the lowest responsive and responsible bidders for bid specification #TR1-2015OH, relating to the purchase of Overhead distribution transformers: i. Young & Company (Howard Industries) for bid items: 1-4, 12-17, 26 and 27. ii. Wesco Distribution (Copper Power) for bid items: 5-11, 18-23 and 25. iii. Power Partners c/o Pacific Utilities (ABB) for bid item: 24; and C. Award bids and authorize the Purchasing Department to issue purchase order contracts as follows: i. Young & Company (Howard Industries) for bid items 1-4, 12-17, 26 and 27 in a grand total amount not to exceed $170,739.00. ii. Wesco Distribution (Copper Power) for bid items: 5-11, 18-23 and 25, in a grand total amount of not to exceed $257,720.64. iii. Pacific Utilities c/o Power Partners (ABB) for bid item 24 in a grand total amount not to exceed $21,660.00; and D. Reject all other bids. Director of Gas and Electric Carlos Fandino provided the oral report. It was moved by Martinez and seconded by Davis to award the bids and reject all others as recommended above. Motion carried, 5-0. 20. Award of Bid and Purchase Contract to OneSource (Southwire) for Medium Voltage 15 KV Rated Underground Cable for the Vernon Gas & Electric Department (Bid Specification #CA1-2015). Recommendation: A. Find that proposed purchase of underground cable is exempt from California Environmental Quality Act (CEQA) review because, as a continuing administrative or maintenance activity, such is not a “project” as defined in CEQA Guidelines section 15378(b)(2). And even if such activity were a “project,” it would be exempt from CEQA review in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that ma y have a significant effect on the environment, because the agreement does not have an impact; and Special & Regular City Council Meeting Minutes December 15, 2015 Page 9 of 13 B. Accept that OneSource was the lowest responsive and responsible bidders for bid specification #CA1-2015, relating to the purchase of medium voltage 15 KV rate underground cable for all three (3) bid items; and C. Award bid and authorize the Purchasing Department to issue purchase order contract to OneSource (Southwire) for all three (3) bid items for a grand total amount that is not to exceed $334,434; and D. Reject CME bid. Director of Gas and Electric Carlos Fandino reported on the proposed. It was moved by Ybarra and seconded by Woodruff-Perez to award the bid to OneSource and reject the CME bid. Motion carried, 5-0. Human Resources Department 21. A Resolution of the City Council of the City of Vernon adopting an amended and restated Citywide Fringe Benefits and Salary Resolution in accordance with Government Code Section 20636(b)(1) and repealing all resolutions in conflict therewith. Recommendation: A. Find that approval of the resolution is exempt from California Environmental Quality Act (CEQA) review, because it is a general policy and procedure making activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378. Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Adopt the resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, effective December 15, 2015 to add a tiered Retiree Medical Benefit Program for Executive group. There are no changes to the Classification and Compensation Plan. Interim Human Resources Director Lisette Grizzelle reported on the proposed resolution. Grizzelle also noted a correction to page 7 of the Staff Report, noting that the fiscal impact reflects the cost per month not year. Grizzelle responded to various questions from Council. In response to Council’s inquires, City Administrator Mark Whitworth provided further clarification. Finance Director William Fox reported on the potential fiscal impact and the need for a funding mechanism. Independent Reform Monitor John Van de Kamp provided public comment. Teamsters Local 911 Union Stewards Rafael Contreras and Jerrick Torres provided public comment. It was moved by Woodruff-Perez and Ybarra to table the item until staff is able to provide more information. In response to Fox’s suggestion, City Attorney Hema Patel confirmed that future staff recommendations can include a retroactive date that could be applicable to retiring Director of Public Works, Water and Development Services Kevin Wilson. Special & Regular City Council Meeting Minutes December 15, 2015 Page 10 of 13 A roll call was taken on the above referenced motion to postpone the item until staff is able to provide more information: - Mayor McCormick, No - Mayor Pro-Tem Davis, Yes - Councilmember Martinez, Yes - Councilmember Ybarra, Yes - Councilmember Woodruff-Perez, Yes Motion carries, 4-0. 16. Approval of Updated Form At-Will Employment Agreements for Certain City of Vernon Executives. Recommendation: A. Find that approval of the proposed agreements is exempt from the California Environmental Quality Act (“CEQA”), in accordance with CEQA Guidelines § 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 attached updated form at-will employment agreements for the following City of Vernon Executives, effective December 15, 2015:  Daniel Calleros, Chief of Police  Michael Wilson, Fire Chief  William Fox, Director of Finance  Carlos Fandino, Director of Gas and Electric  Leonard Gross  berg, Director of Health and Environmental Control City Administrator Mark Whitworth reported on the proposed agreements. It was moved by Martinez and seconded by Woodruff-Perez to approve the updated form at-will employment agreements for certain executives. Motion carried, 5-0. Public Works, Water and Development Services Department 22. Notice Inviting Bids to Furnish and Deliver Two New 2016 Ford F-650, Regular Cab XL (F6D) Dump Trucks, Contract No. CS-0645. Recommendation: A. Find that the Notice Inviting Bids to Furnish and Deliver Two New 2016 Ford F- 650, Regular Cab XL (F6D) Dump Trucks is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Approve the Notice Inviting Bids to Furnish and Deliver Two New 2016 Ford F- 650, Regular Cab XL (F6D) Dump Trucks. Director of Public Works, Water and Development Services Kevin Wilson reported on the recommendation. It was moved by Davis and seconded by Ybarra to approve the Notice inviting bids. Motion carried, 5-0. 23. Approval of an Agreement with Bel Air Soto, LLC for the construction of a Cul de Sac on Seville Avenue. Special & Regular City Council Meeting Minutes December 15, 2015 Page 11 of 13 Recommendation: A. Approve a Construction Management and Reimbursement agreement between the City of Vernon and Bel Air Soto, LLC and the City of Vernon; and B. Find that the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines § 15301, because the project consists of the maintenance, repair or minor alteration of an existing roadway and involves negligible expansion of an existing use. Director of Public Works, Water and Development Services Kevin Wilson reported on the proposed agreement. It was moved by Davis and seconded by Ybarra to approve the Agreement with Bel Air Soto, LLC. Motion carried, 5-0. 24. Bid Award for City Contract No. CS-0584: Citywide Street Sweeping Services. Recommendation: A. Find that the award of the proposed Capital Improvement Project for the Citywide Street Sweeping Services 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 consists of maintenance (sweeping) of the existing curbs and gutters; and B. Accept the bid proposal from Webco LB LLC as the lowest responsive and responsible bidder and enter into contract, not to exceed $ 336,396.00 for the Citywide Street Sweeping Services Project, City Contract No. CS-0584 for a term of three years, and to reject all other bids. Further authorize a contingency of $ 23,604.00 in the event of an unexpected changed condition (emergency sweeps) in the project and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount. Director of Public Works, Water and Development Services Kevin Wilson reported on the proposed recommendation. It was moved by Ybarra and seconded by Martinez to approve the bid award for City Contract No. CS-0584 to Webco LB LLC. Motion carried, 5-0. DISCUSSION ITEMS (POSSIBLE DIRECTIVES TO STAFF) 25. Authorization to begin Proposition 218 Process to Amend the Water Rate Schedule. Recommendation: A. Provide authorization to City staff to begin the Proposition 218 process to Amend the Water Rate Schedule; and B. Find that the proposed action is statutorily exempt from California Environmental Quality Act(“CEQA”) review, in accordance with CEQA Guidelines section 15273, because CEQA does not apply to the modification, restructuring, or approval of rates and other charges by public entities done for, among other purposes, meeting operating expenses, purchasing or leasing supplies, equipment, or materials and obtaining funds for capital projects, necessary to maintain service within existing service areas. Director of Public Works, Water and Development Services Kevin Wilson reported and explained the process concerning water rate increases. It was moved by Woodruff-Perez and seconded by Davis to authorize staff to commence Proposition 218 process to amend the water rate schedule. Motion carried, 5-0. Special & Regular City Council Meeting Minutes December 15, 2015 Page 12 of 13 PRESENTATIONS (Continued) 26. Overview of Leadership Transition Planning Process. City Administrator Mark Whitworth introduced the item and stated his support of the strategic plan. Senior Advisor to the City Administrator Fred MacFarlane presented the overview. Independent Reform Monitor John Van de Kamp provided public comment. Councilmember Ybarra suggested to also meet with Department Heads to determine what other needs may need to be addressed. ORAL REPORTS 25. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. Police Chief Daniel Calleros reported on the recent activities including a domestic violence incident, armed robbery and street racing task force. Calleros congratulated Kevin Wilson on his retirement and wished all a happy holiday season. Fire Chief Michael Wilson also congratulated Kevin Wilson on his retirement. No significant incidents to report. Wilson reported on the Spark of Love Toy Drive. Director of Public Works, Water and Development Services Kevin Wilson provided a brief status update on department activities and acknowledged staff’s efforts. Director of Gas and Electric Carlos Fandino congratulated Kevin Wilson on his retirement and wished all a happy holiday season. Director of Finance William Fox congratulated Kevin Wilson on his retirement Director of Health and Environmental Control Leonard Grossberg congratulated Kevin Wilson on his retirement and wished all a happy holiday season. Grossberg announced the Green Vernon Commission Meeting scheduled for December 16, 2015, at 3:30 p.m. Interim Director of Human Resources Lisette Grizzelle congratulated Kevin Wilson on his retirement and wished all a happy holiday season. Grizzelle announced and invited all to the Holiday and Employee Recognition Celebration on December 17, 2015. Economic Development Manager Alex Kung reported on the upcoming Recognized Obligation Payment Schedule (ROPS) for the Successor Agency and Overs ight Board. Kung also congratulated Kevin Wilson on his retirement and wished all a happy holiday season. City Clerk Maria E. Ayala announced the nomination period for the upcoming election, December 21, 2015 through January 19, 2016. She too congratulated Kevin Wilson on his retirement and wished all a happy holiday season. City Administrator Mark Whitworth recognized and congratulated Kevin Wilson on his years of service and wished all a happy holiday season. 26. City Council Reports – brief report on activities, announcements, or directives to staff. All Councilmembers congratulated Kevin Wilson on his retirement and wished all a happy holiday season. / / / / / / Special & Regular City Council Meeting Minutes December 15, 2015 Page 13 of 13 With no further business, at 11:45 a.m., Mayor McCormick adjourned the meeting. ________________________ W. Michael McCormick Mayor ATTEST: _________________________ Maria E. Ayala City Clerk MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, DECEMBER 15, 2015, IN CONFERENCE ROOM NO. 3 LOCATED ON THE SECOND FLOOR OF CITY HALL, 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Davis, Martinez, Ybarra, and Woodruff-Perez MEMBERS ABSENT: None The meeting was called to order at 1:05 p.m. by Mayor McCormick. CHANGES TO THE AGENDA There were no changes to the agenda. PUBLIC COMMENT Mayor McCormick announced that this was the time allotted for public comment on the Special meeting Agenda, Closed Session only, and inquired whether anyone in the audience wished to address the City Council. No one responded. CLOSED SESSION Mayor McCormick asked whether any member of the public wished to address the Council on the closed session agenda. There was no response. At 1:06 p.m., the City Council entered into closed session to discuss the following agendized item: 1. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Title: Director of Public Works, Water and Development Services At 4:45 p.m., the City Council exited closed session. Interim Human Resources Director Lisette Grizzelle reported that the City Council met in closed session regarding one matter listed above and directed staff to make an employment offer to selected candidate. With no further business, at 4:45 p.m., Mayor McCormick adjourned the meeting. ________________________ W. Michael McCormick Mayor ATTEST: _________________________ Maria E. Ayala City Clerk MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MONDAY, DECEMBER 28, 2015, IN THE COUNCIL CHAMBER LOCATED AT CITY HALL, 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Davis, Martinez, Ybarra, and Woodruff-Perez MEMBERS ABSENT: None The meeting was called to order at 7:30 a.m. by Mayor McCormick. CHANGES TO THE AGENDA There were no changes to the agenda. PUBLIC COMMENT Mayor McCormick announced that this was the time allotted for public comment on the Special meeting Agenda, Closed Session only, and inquired whether anyone in the audience wished to address the City Council. There was no public comment. CLOSED SESSION Mayor McCormick asked whether any member of the public wished to address the Council on the closed session agenda. There was no response. At 7:31 a.m., the City Council entered into closed session to discuss the following agendized items: 1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation Government Code Section 54956.9(d)(2) Number of potential cases: 1 2. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Title: City Administrator 3. PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957 (b)(1) Title: Interim City Administrator 4. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Government Code Section 54957(b)(1) At 10:17 a.m., the City Council exited closed session. Special Legal Counsel Joung Yim announced that there was no reportable action. / / / / / / / / / Special City Council Meeting Minutes December 28, 2015 Page 2 of 2 With no further business, at 10:17 a.m., Mayor McCormick adjourned the meeting. ________________________ W. Michael McCormick Mayor ATTEST: _________________________ Maria E. Ayala City Clerk EOvEo)EPd).=oiEiE9=cO oJal o co(Eaa(Di-lJ aoo !gE h5 = trAD.U (D(EE ! 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N*odC(\le L(D9E =.E6o()cooot zO 3..,1UJ !e ="E==fiH=E,'C) z uJ =tr I lrJo tf U' LrJt ]Uoz z LL FtroL IIJtr IIlf Fo ttl <.:) t-4, LJ- = LI- =o c./)ct= e\IE L-rJ) --JLrr cJa :'- C.) o- ! N n c)aEo .Exlrfb g8 .u.= .= ttl50 0 OE:8EE-coI P3t_o=o/ iicE 9!E'o-do.eo96E! E9b eo- o-oq- I5B;o6OoE >.Q$f,4pOX Xoo, Ets.9(E(D E*E!:r(!_(5ts EaSaB p Egg,E:ee--i.eEoB EHtEt- -tz Eb9g*= Eot} E€Eep6rd 9 afi -o6J^o_a 6.96(!.lig3_ oEY.99(!8.=(5ra itr!66k 50*ERb6g 6= 6 oo'"(,).-9EC'o tr (l)oq,)6EPE"E E dx 3E. d€6R6(,,sn5€ EflEHo-l4ori^r; EE6EE9 6,>E oz E@ FNz^UJY ETH E6"t EEE6r: 6ErJU,(o<o= od FI2lllol=l<lY tsI C)o uJl @uJ aoIE=lollzl!!fi<e.J at +q o- o .9 o co Eo -9o oEatr o)q o) ooa{ oi '4NNo @No (IJ) d I,U t! d.Y 06 Fa I.JJ CD Fa uJll) 5QoXYES.I oi E, lllJ FoF o o @F. Fzu =r ul 8g(Jf<z zo tro- d.oo IJJo Fzfo E 3 o-Lo dooz UJ oz ll€ FN2A r.u Y =za0EfrH HEcEsi6r= ==2.b3q Jd.0<o= ot oYo uJ (, =G, uJ = i; b ii ,E o- oo lr.tFz e,o- ul .o oFos6bgt9iiE6otr G(i oqo o, o,rq 14 @@o) ot l LL Fzt! UJd tr LJJtrzoEk =IDo ot @No AJuJ<l-F20 d'dxo IJJ o >JJ<dF<o IJJ F Yo lrJ o J FoF UJ E. E ozf]L@ FN2; I.U Y EtrHfr6a l3,d*GAYFi 834 Jtdl<oB otr ozll! l0 o- o LlJt ooo REctr-tvED 0f rRoR REGEIVED DEC 2 I 2015 CIIY ADMINISTRATION wDEC 2I 2015 CIY CLERKSOFFTCE FIREDEPARTMENT Michael A. Wilsoru Fire Chief 4305 Santa Fe Avenue, Vemon, California 90058 Telephone (323) 5838811 Fax (323) 82G1407 December 29,2015 Honorable Mayor and City Council City of Vemon Honorable Members: Attached is a copy of the vemon Fire Department Activity Report which covers the period of December 1,2015 through December 15, 2015. Respectfully Submitted, -a/,/xM Michael A. Wilson Fire Chief MAW:ar : Fireletnow lE 4c ftxia e ty I nlw tria I YERNON FIRE DEPARTMENT COMPAIYY ACTTVITIES December 1, 2015 to December 15' 2015 ACTTVITY TYPE FIRE PREVENTION: Regular lnspections (#): Re-Inspections (#): Spec. Haz. Inspections (#): Total lnspections: Total Man Hours: TRAINING (HOURS): Firefighting Hazardous Materials Safety Apparatus Operations Equipment Operations CPR First Aid Total Hours: PRE-INCIDENT (HOURS): Planning District Familiarization Total Hours: PERIODIC TEST (HOURS): Hose Testing Pump Testing This Period Last Year Last Year To Date This Period 9 l0 t9 This Year To Date 1477 420 43 1940 2s67 3 l5 4 22 5l 1251 28s 44 1580 1925 1816 1910 3726 32 16 48 11 55 0 66 59 9l 37 116 130 lt2 2 t4 522 94 92 186 80 29 135 133 TJJ 1 36 98 94 2074 730 2804 2803 2791 66 665 11933 2t98 721 3045 2930 3009 30 479 12412 192 t2 6 18 2034 r939 3973 102 30 132Total Hours: Page I PUBLIC SERVTCE PROGRAMS (HOURS) School Programs Fire Brigades Emergency Preparedness Total Hours: ROUTINE MAINTENANCE GOURS): Station Apparatus Equipment Total Hours: Grand Total Hours: :Fireactivitv 52 25 270 347 2883 29tt 2993 8787 28218 9 0 7 t6 124 131 131 386 1188 28 6 272 306 2706 2808 2817 8331 26269 5 0 20 25 124 134 132 390 1223 Page 2 o o!3 i?' 3 tft b F: REo.. o,at! o €qULEt ErEorl lJ.btF +,l-octq, c, tPcot, Uc rr-o oo. F FzI{- F E, ( !. EIo I{trIIt zoztrI{NF N N F F 9 F N F |,t F IYI F F ! F rfl F F F s tYt - * ;is s:e9i *E Ei ;E Et*cEEEE g= FEfFs* Ei E E'lrJ trJ EJ ru EJ uJ tJ-t trJ arJ trJ trt trJ tr_ u_ t! tr_ tL lJ- u_ U_ L E !a lrJ4 F zlrJooz lncident Date 12101 12015 05 27 .20 1210112015 15:32:31 1210112015 16:20:17 1i,0212015 06:46:20 1210212015 11:37:40 12t0212015 17 .56 04 1210312015 0430:10 1210312015 08:05:07 1210312015 13:46:58 1210412015 17:13:55 1210512015 04:02:58 12lOSl2O15 08:28:00 1210512015 10:42.44 12t0512015 14.01.28 1210512015 16:32:11 1210612015 09:56:28 1210612015 16:33:04 1210712015 00:06:54 1210712015 05.21:12 1210712015 09:04:33 1210712015 12:U:27 1210712015 16:34:23 12t07 t2015 17 .45.49 121Q712015 21:21.43 12t0812015 08.07.14 1210812015 12:28:28 1210812015 13:17:23 1210812015 17:20:13 1210912015 21:22:29 12l10/2015 00:00:08 1211012015 10.45:30 1211012015 16:17:34 1211012015 17:13:41 1211012015 20:'18:36 1211112015 04:32.49 12,1112015 08.26:42 1211112015 08.55:32 1?J1112015 10:04:14 121112015 19:53:38 1211212015 21:22:00 1211312015 00:01:08 1211312015 00:41:42 121'1312015 10:03:56 1211312015 14:27:15 PREVENTION FOLLOW-TJP? 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 shiftlncident Type 321 EMS call, excluding vehicle accldent with inju 700 False alarm or false call, other 324 Motor vehicle accident with no injuries 650 Steam, other gas mistaken for smoke, other 700 False alarm or false call, other 611 Dispatched & canceled en route 154 Dumpster or other outside trash receptacle fir 743 Smoke detector activation, no fire - unintenti 31 1 Medical assist, assist EMS crew 322 Motor vehicle accident with injuries 324 Motor vehicle accident with no injuries 741 Sprinkler activation, no flre - unintentional 600 Good intent call, other 321 EMS call, excluding vehicle accident with inju 3'11 Medical assist, assist EMS crew 552 Police matter 321 EMS call, excluding vehicle accident with inju 311 Medical assist, assist EMS crew 324 Motor vehicle accident with no injuries 321 EMS call, excluding vehicle accident wath inju 321 EMS call, excluding vehicle accident with inju 900 Special type of incident, other 652 Steam, vapor, fog or dust thought to be smoke 321 EMS call, excluding vehicle accident with inju 251 Excessive heat, scorch burns with no ignition 322 Motor vehicle accident with injuries 322 Motor vehicle accident with injuries 741 Sprinkler activation, no fire - unintentional 735 Alarm system sounded due to malfunction 700 False alarm or false call, other 321 EMS call, excluding vehicle accident with inju 700 False alarm or false call, other 611 Dispatched & canceled en route 740 Unintentional transmission of alarm, other 321 EMS call, excludtng vehicle accident with inju 322 Motor vehicle accident with injuries 321 EMS call, excluding vehicle accident rrvith inju 324 Motor vehicle accident with no injuries 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inju 31 1 Medical assist, assist EMS crew 31 'l Medical assist, assist EMS crew 321 EMS call, excluding vehicle accident with inju 311 Medical assist, assist EMS crew 111 Building fire 571 Cover assignment, standby, moveup 700 False alarm or false call, other 324 Motor vehicle accident with no injuries 700 False alarm or false call, other 311 Medical assist, assist EMS crew 445 Arcing, shorted electrical equipment 31 1 Medical assist, assist EMS crew 131 Passenger vehicle fire 300 Rescue, EMS incident, other 700 False alarm or false call, other 324 Motor vehicle accident with no injuries 311 Medical assist, assist EMS crew 520 Water problem, other 324 Motor vehicle accident with no injuries 531 Smoke or odor removal 1211312015 20:12:18 1211312015 20:19:13 1211312015 23:14:45 1?J1412015 10:36:45 1211412015 11:57 01 1211412015 12:1413 1211412015 12:28:29 12h412015 15:24:08 1211412015 17:24:01 1211512015 03:45:25 1211512015 06:05:23 1211512015 08:25:42 1211512015 13:04:35 1211512015 17:17:30 1211512015 18:23'.30 1211512015 22:50:22 No No No No No No No No No No No NO No No No No o rnl :lnl R ct o! Eot,oo It oN oe Eo(,oa t oN ta+JcoE UE IE+JoF *,l-octod Pco!, Uc ttso o CL F FzI{ =Ftr ( 0. IIIo EItr -It zoztrI{F ? F 6 |rt F ln Cl .rl F 6{ ? F F € t ? F gI E = EE EE Ei= I E gI ggU EE,g LrJ4 E z lrJo = l\v^r No ^r O ? t\ \o?(\a dt r.' - nr F F O\ N * G{ F t .O r\l .O F r0 € N F r! F F F F F F \O N ^lrO O O\ N N NO N - ^a ro F - N N F F F S N - i - r,r ln N F rV t Fd N-TNtF YN \O s @ - N F F F N F F I\ I'I F N N .N nl .\T F e .\. F l\I F F F F IYI @ N (A N ## - Ei.r Ee E ^.:- -Ei: = ils$. . qEE? EcEEIE'ul E EaEEi ggE EE;$ eru l$irt lr- t! l! l! lr- !- E u- lr- lJ- lr- lr- l! lr- lJ- L lJ- LL E lJ- lJ- l! l! l! l! l! L L l! L +al l , .1" HEE, HEEsal E* gErE gEiiEiEE giEiEE lrJ trJ lr,l trl lrl trJ lrJ trl trJ t! tfJ lrr lrJ trt trJ lrJ lrl lr,t lrJ lr, l! IJJ lrJ lr,l lrJ l! l! l! lr lr r' E*E;;EsEsE EEEggEissgEggE*EFEe< lr., u.r !.r tr,t trl trJ trJ trJ trl tr,t tr,t trJ lr.t trJ trJ trJ trt t! Lr,t lr,t trt tr,t t! uJ trJ l! t! trt trJ orl t{r tr z u,te o= oN rO oe Eot)oo lO o({ -lxl rvrlJ ll tft oN ,i*,Co Puc tUPoF +,l-ocro E. JIJtroE' tJc ti.o ocr F FzI{ =Ftr ( !.I{o I{trEIt zoztrI{ erJ6!L =-CF6r-.,2 lr,looz lrlA F zuIel,z FSFFriNtF?-F- F fr drr.l sEtatc{: I k".ea kc* ;3 -{H.EE*"E&* EEEBE-[g!EEvttatavttrovr6=f lrlA E zt! _ol,z oavt c !F{ r\{ F F d S F \O N 6a S lYl \O @ F. O\ 4,1 Cl - 3-\OFNlt.lNS (fr.rssE-o@F F F F N F F F l! € F F l.{ F F N S N F - S |\a it F V @ F rO F !im = @ € tYt N o6l N F F !O p S F i! a! O\ € N N Itl F F F F lYl ? ? F O lYt N o- #t EE .-frEE =fi' -€.E?E a Es sEEE'u ; * EE fgE = ,* s g i E r iEiEerE lr l! l! l! tL l! L lr lr L lr lL lr t! L lr u- lL !L l! lJ- lr- L E q l! l! lr- l, !,t !tIJ * + o ".,#1 $ n E s E* EEE E gEEEE EiiE EEi EEE lrJ lrl lrl lrJ lrr rrJ rr,t lrJ rrJ rr,t trJ trJ tr, tr, Br EJ EI l! lrJ E l! lr- LL la L eo - uEctru Elrl 0, 5N(, lr,l th<col-E!r<=<<=D = =ut=a{;Eo, o, > r'{>><=r!n,fo--c-efiul88ED\\.-E -e-e.Y Ee88Ut lrl lrl rJ,r lrJ gf gig:;gEE f gEEErHsfu ggggrgEEgI oor lrla. z lrJo z *ININIJI s oN IA+JcoE' ts |!PoF +,l-o CLod +, Cot, U C rFo oct F FzI{EFtr !. IIIo I{trIIr zoztrI{ t oN o o! Eotoo It oN G Co lrJ4 F z lrJeIJ = lrlo- EFz lrJ6 tJz UtFFlF16F iLO9Agz{t2q- Hi-s E ; ^i.a[-.8. fl E=sif;Eg:XgI E d ,zr* fi = = =tJnt,ivtttttttr,== UIr E zt!e z RECEIVED DEC I 6 20t5 CITY ADMINISTRATION CITY CLtHt\'s UTF]CE POTICE DEPARTMENT Daniel Calleros, Chief of Police 4305 Santa Fe Avenus Vemon, Califomia 90058 Telephone (323) 587-5171 Fax (323) 826-7487 December 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 l2:0t a.ffi., December I,2015 up to and including midnight of December 15,2015. Respectfully submitted, VERNON POLICE DEPARTMENT O^;l C/fr.--- DANIEL CALLEROS CHIEF OF POLICE DClar tEa&;sive$ Infiutriat VERNOIY POLI CE D EPARTME]YT D epartment Activity Report furisdiction' vERNoN First Date: 1a0il2015 Last Date: 12t15t2015 Department Complaint Type Description All Units Primary Unit VPD 10-6 10-96M 140 20002 20002R 207R 211R 211S 242R 273.5 415 422R 459 4594 459R 459S 45gVR 476R 484 484R 487R 586 594 594R 602 647F 901 9017 9027 9O2TR 909C 909E 9097 911 91 1A 911NR 9174 92OPR 925 A459V A487R AB109 ASTVFD BARCK BOSIG BOVEH CITCK CIVIL oFFlcER ls 10-6 c7,961,962,10-10. WASH, EQUIPI\ 10.96 MARY (MAIL DETAIL) SUPPLEMENTAL REPORT NON-INJURY HIT AND RUN NON-INJURY HIT AND RUN REPORT KIDNAPPING REPORT ROBBERY REPORT SILENT ROBBERY ALARM BATTERY REPORT DOMESTIC VIOLENCE DISTURBING THE PEACE TERRORIST THREATS REPORT BURGLARY AUDIBLE BURGI.ARY ALARM BURG1ARY REPORT SILENT BURGLARY ALARM BURGLARY TO A VEHICLE REPORT FRAUD REPORT PETTY THEFT PETTY THEFT REPORT GRAND THEFT REPORT PARKING PROBLEM VANDALISM VANDALISM REPORT TRESPASS DRUNK IN PUBLIC UNKNOWN INJURY TRAFFIC COLLISION INJURY TMFFIC COLLISION NON-INJURY TRAFFIC COLLISION NON.INJURY TMFFIC COLLISION REPORT TRAFFIC CONTROL TRAFFIC ENFORCEMENT TRAFFIC HAZARD 911 MISUSE / HANGUP CONTACT THE REPORTING PARTY 911 CALL NO RESPONSE REQUIRED ABANDONED VEHICLE LOST PROPERW REPORT SUSPICIOUS CIRCUMSTANCES ATTEMPTAUTO BURGLARY ATTEMPT GRAND THEFT REPORT PROBATION / PAROLE COMPLIANCE CHECKS ASSIST VERNON FIRE DEPARTMENT BAR CHECK BROKEN SIGNAL OR LIGHT BROKEN DOWN VEHICLE CITATION CHECK CIVIL MATTER ll6 4 I 2 5 I 2 2 2 2 4 2 I 59 5 I 5 ) 4 4 I 24 I 4 7 J I 6 4t 4 I 2 4 4 l0 I 2 I 15 I I I l0 I 2 l2 8 4 128 4 1 3 8 4 4 o 3 11 o 4 5 118I 3 6 2 17 7 1 31 1 5 16 7 4 17 83 5 1 2 6 6 14 3 2 1 44 6 2 3 29 2 2 19 11 9 12/16/2015 07:12:33 Page of VERNON POLICE DEPARTMEIYT Department Activity Report Jurisdiction' vERNoN First Date: 12t01t2015 LastDate: 12t't5t2o'15 Department Complaint Typ" Description All Units Primary Unit VPD CODEs coP DET DETAIL DPTAST DUI CKPT FILING FOUND FU GTAR HBC ID THEFT RPT ILLDPG RPT JAILPANIC KTP LOJACK LPR PANIC ALARM PAPD PATCK PDO PEDCK PLATE PRSTRAN REC RECKLESS DF REPO RR SPEED SUICIDE TRAFFIC STOI UNATTACHED VCK VEH RELEASE VMCVIO WARRANT WELCK WRNTSVC SURVEILLANCE/STAKE-OUT COP DETAIL DETECTIVE INVESTIGATION DETAIL DEPARTMENTAL ASSIST DUI CHECK POINT OFFICER IS .I0-6 REPORT WRITING FOUND PROPERTY REPORT FOLLOW UP GMND THEFTAUTO REPORT HAILED BY A CITIZEN IDENTITY THEFT REPORT ILLEGAL DUMPING REPORT TEST THE JAIL PANIC AI.ARM BUTTON KEEP THE PEACE LOJACK HIT LICENSE PLATE READER PANIC ALARM/DURESS ALARM PUBLIC ASSIST-POLICE PATROL CHECK PROPERTY DAMAGE ONLY PEDESTRIAN CHECK LOST OR STOLEN PLATES REPORT PRISONER TMNSPORTED RECOVERED STOLEN VEHICLE RECKLESS DRIVING (23103) REPOSSESSION RAIL ROAD PROBLEM SPEED CONTEST OR SPEEDING (23109) SUICIDE ATTEMPT TRAFFIC STOP UNATTACHED TMILER VEHICLE CHECK VEHICLE RELEASE VERNON MUNICIPAL CODE VIOLATION WARRANTARREST WELFARE CHECK WARRANT SERVICE 2 2 6 5 I I 46 2 l4 4 9 I I 1 I I I J 6 94 I t7 I 5 8 J 5 I I I t22 3 44 5 .) I 3 2 2 3 14 6 1 1 47 2 25 5 14 1 2 1 4 1 2I 8 124 1 37 2 b 20I 5 1 3 4 159 5 51 5 5 1 o 2 Department:1279 823 824 1A16/2015 07:12:33 Overall:1279 Page of YERNON POLICE DEPARTMENT Police Activity Report Period Ending: l2l15ll5 TRAF'FIC COLLISIONS TOTAL NON-INruRY INruRY 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 ARl5-324 CRl5-2089 11364 H&S ARl5-32s CRls-2107 108s1(A) PC ARls-329 CRl5-2130 273.5(A)PC ARls-330 CRls-2lsr 11377(A) H&S PROPERTY RECOVERED VEHICLES: $46,000 PROPERTY RECOVERED FOR OTHER DEPARTMENTS VEHICLES: $45,130 NO. 15 ll 4 4 J 9 l8 I 6 ll0 29 139 75 35 0 PERIOD ENDING 12115/15 I VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED MALE FEMALE TOTAL ASSAULT WITH A DEADLY WEAPON BURGLARY DOMESTIC VIOLENCE 1 1 GRAND THEFT OVER $4OO GRAND THEFT AUTO 1 MURDER poss. coltrRou-ED SUBSTANCE TERRORIST THREATS VEHICLE BURGLARY VEHICLE MANSLAUGHTEB WARMNT (FOREIGN)1 1 WARRANT (BENCH) T6ilr-rs-rllrrlorvlRREsrs 2 1 3 MALE FEMALE TOTAL ^EEEojiJA-LoSTPRoPERTYDOMESNC VIOLENCE DfuViNG L,NDER THE INFLUENCE 1 1 DEUNKINTUBTE FAGE DMV DOEUilENT PETTY THEFT poss. corurRou-eo suBsTANcE 1 1 POSS. CONT. SUB PAMPHERNAqA 1 1 REfrIESSDRMNO mtsPASSING WARRAI,ITSIBENCHTTRrc)1 1 WARRATITS ilREIGN)2 z TOTAL MISD. ARRESTS 6 0 6 MALE FEMALE TOTAL BURGI.ARY PETTY THEFT VANDALISM VEHICLE THEFT WA-RMMrcENCH) rOTAL 'UVENILES DET.0 0 0 TOTAL FELONY ARRESTS (ADULT) TO DATE: TOTAL MISDEMEANOR ARRESTS (ADULT TO DATE: TOTAL ]UVENILES DETAINED (FELONY AND MISDEMEANOR) TO DATE: TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR) TO DATE: 231 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's lurisdiction' vERNoN First Date: 1a0il2015 Last Date: 12lo'll2o15 Call Number Disp Ten Received Code Comolaint Caller Address Dep Oflicer 201s1222809 RPT 201512228t7 RPT 1015 CITE SRVD VI 20r51222819 RPT 2015122282t RPT 1210112015 05:28:02 ASTVFD VPD VPD VPD VPD VPD VPD VPD VPD VPD VPD VPD 12lO1l2O'15 08:30:54 TRAFFIC STOP 4519 EVERETT AV. VERNON RMS Juris cA0197300 06:57:03 06:56:05 06:56:32 06:56:35 08:09:38 07:04:00 08:28:16 RMS Juris cA01 97300 09:05:49 RMS Juris cAo197300 08:53:22 RMS Juris cA0197300 HERRERA.GUSTI ZOZAYA,OSCAR RODRIGUEZ.FER REYNA.JOSE S GAYTAN,LORENZ VALENZUELA,FEI CERDA,EUGENIO PEREZ,NICK MARTINEZ,GABR ONOPA,DANIEL NEWTON,TODD CERDA.PAUL,JR GAYTAN,LORENZ CERDA,EUGENIO VALENZUELA.FEI 05:32:46 05:51 :03 05:47:24 O5:33'.22 07:OO:17 06:55:31 06:55:42 07:15:45 , 07:35:21 ' 07:35'.24 06:55:49 DeDartment VPD -1L12 1111 151 1z.8 2L4 2L5 2L7 5D30 5D31 5D34 M1 Enroule OnScene Depart Department OCA NumbervPD cR20152085 05:29:25 05:43:41 05:40:06 06:35:33 06:35:36 OCA Number cR20152086 Remove Comp PACIFIC BL // SANTA FE AV, VERNON 08:30:32 08:30:32 08:30:33 08:30:33 09:3'l:23 09:28:48 VPD VPD 1210112015 08:40:45 GTAR FRANCISCO MENDOZ E DISTRICT BL // MAYWOOD AV. VERNON 08:30:55 08:40:15 08:44:50 Department VPD 08:52:53 08:53:17 08:53:25 DeDartment VPD09:1207 09:25:41 VPD VPD *2L6 2L4 -2L7 08:52:43 2L5 12t01t2015 09:10:54 VER|ZONW|RELESS8OO45152424 9O2T 4339 FRUITLAND AV, VERNON VPD CERDA,EUGENIO *2L7 OCA Number cR20152087 OCA Number cR20152088 1A0A2015 03:25:1i Page 10:14:09 lof 2 vnhNox PuLICE DEPARTMENT Calt Log Report Type Atl (Init Times and Location with OCA's First Date: 1a0il2015 Last Date: 1a0il2015Iurisdiction' vERNoN Call Number Disp Ten Received Code Complaint Caller Address Enroute OnScene DePart VERIZON WIRELESS 8OO 451 5242 4 4925 S BOYLE AV, VERNON VPD SWINFORD,PHILI VPD HERNANDEZ,EDV VPD HERRERA,GUSTI VPD ZOZAYA,OSCAR '1L4 19:47:30 1L5 19:47:32 116 1L7 19:48:01 19:48:03 19:50:23 19:56:19 19:49:31 19:48:42 20:03:49 20:03:50 12/02/2015 03:25:12 of 201s1222862 1015 RPT 1210112015 19:46:36 925 RMS "luriscA0197300 20:56:54 20:33:49 21:36:20 21:36:20 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's FirstDate:'t2to2t2o1s Iurisdictioni vERNoN Last Date: laoazo$ Call Number Disp Ten Received Code Complaint Caller Address Dep Officer Unit Time Unit Dispatch Enroute OnScene Depart Arrive Remove Como Vt 1210?J2015 01:23:59crrE uMrrAcHEDrR 2o3o Ross. vERNoN Wtr'*^ KAIIM* ffi{r1tr RPT VPD HERRERA.GUSTI "1 L6 VPD SWINFORD.PHILI. 1L4 1210212015 05:00:04 eUtCKWAy TRUCKTNG GTAR 2929 E 5OTH, VERNON 01 :23:59 01:35:00 01:38:04 0'l:53:50 02:23:43 05:41:59 07:55:1 3 11:49:49 '12:16'.31 20151222875 RPT 20151t2A$$. ii :ili ',:,1 .:,:t , C|TE 217 12n2n015 0E115,11 v ruFFrcsrop E sLAUsoN Av// DowNEY RD, vERNoN orff"t"t W"{:!W #fJ#f RPT vPD O\YTAN.LORENZ 2L7 08:15:11 0E:45:16 20l5l222}g4 C;TE 1210212015 11:23:50 VPD ZOZAYA.OSCAR *1L7 05:01:36 05:01:39 05:05:52 20151222879 VI 1210212015 07:23:13 VCK E 49TH // HAMPTON. VERNON VPD GAYTAN.LORENz -2L7 VI 20151222896 C;TE 1210212015 11:52:06 Vt VCK 5991 ALCOAAV, VERNON VPD GAYTAN.LORENZ -2L7 20151222911 Deoartmeru OCA Number RMS JurisvPD CR20152091 CA0197300 DeDartmeru OCA Number RMS JurisvPD CR20152092 CA0197300 O7:23:15 DeDartmeru OCA Number RMS JurisvPD CR20152094 CA0197300 11:23'.51 DeDartmeru OCA Number RMS JurisvPD CR20152095 cA0197300 11:52:06 3027 FRUITI.AND AV. VERNON VPD GAYTAN,LORENZ -2L7 12/03/2015 04:12:2!Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: 1aoa2o1s Last Date: 1aoa2olsJurisdiction' vERNoN Call Number Disp Ten Code Received Comolaint Caller Address anit Time 20151222911 CITE VI 201512229Ls CITE VI 20151222918 RPT 20151222923 RPT 20151222926 RPT VPD GAYTAN,LORENZ S BONNIE BEACH PL // 26TH. VERNON Dispatch Enroute OnScene Depart DeDortmeru OCA NumbervPD cR20152096 15:O4:12 DeDartmeru OCA NumbervPD cR20152097 16:19:50 Depurtmeru OCA NumbervPD cR20152098 1 8:55:1 9 *2L7 Department VPD19:39:05 19'.44:22 '19:39:29 19:41:30 DeDartmcnt VPD 20:02'.19 20:05:01 20:09:33 20:11:26 OCA Number cR20152099 OCA Number cR20152100 Remove RMS Juris cA0197300 RMS Juris cA0197300 RMS Juris cAo197300 19:39:24 RMS Juris cAo197300 20:0216 RMS Juris cA0197300 21:08:30 15:27.51 17:OO:40 21:08:37 21'.37:55 1210212015 16:19:12 TRAFFIC STOP 1210212015 18:55:03 GTAR VPD 1210212015 19:38:31 20002R VPD VPD 1210212015 19:59:20 45gVR VPD VPD E DISTRICT BL // GIFFORD AV. VERNON VPD GAYTAN.LORENZ -2L7 4305 S SANTA FE AV. VERNON -1L4 3575 ROSS. VERNON VASQUEZ,LUIS "1L6 19:39:04 1L4 SPRINT 866-398-3284 2730 E 37TH. VERNON VASOUEZ.LUIS -116 SWINFORD.PHILT 1L7 12/03/2015 04:12:2(Page of 1210212015 15:04:07 VCK 2 VERIYOIY POLI CE D E PARTMENT Catl Log Report Type All tlnit Times and Locotion with OCA's furisdiction' vERNoN First Date: Last Date: 1A03t2015 12t0312015 Call Number Disp Ten Code Received Comolaint Caller Address Officer 't2t03t2015 20002R Dep 06:24:19 VPD VPD Enroute OnScene Depart Arrive Remove 20151222944 RPT 20151222947 RPT 20151222954 RPT VI CITE 201s1222957 RPT VI CITE 20rs1222965 RPT VI CITE 20ts1222976 RPT VI CITE SWINFORD.PHILl HERNANDEZ,EDV S SOTO // LEONIS BL, VERNON -1L7 1L4 DeDartmeru OCA NumbervPD CR20152101 06:24:24 06:28:33 RMS Juris cA0197300 RMS Juris cA0197300 RMS Juris cA0197300 RMS Juris cA0197300 RMS Juris cA0197300 RMS Juris cA0197300 06:52:49 06:52:49 09:38:09 1O:11:.28 10:32:55 12:.25:.30 1210312015 08:10:53 9O2TR VPD 'l2lo3t2115 09:36:20 TRAFFIC STOP VPD 12lO3l2O'15 10:12:49 VCK VPD 12tO3t2O'15 11:20:01 TRAFFIC STOP VPD 1210312015 13:32:46 TRAFFIC STOP BCBG 2665 LEONIS BL. VERNON LUCAS,JASON *2L4 ALCOA AV // SLAUSON AV, VERNON GAYTAN,LORENZ *2L8 GIFFORD AV // FRUITLAND AV, VERNON GAYTAN,LORENZ ,2L8 SLAUSON // SOTO. VERNON GAYTAN.LORENZ -2L8 S SANTA FE AV II 48TH. VERNON Deqartmem OCA NumbervPD cR20152103 09:36:20 DeDartmeru OCA NumberVPD CR2O1521M 1O:12:49 Departmem OCA NumbervPD cR20152105 11:20:01 Departmeru OCA NumbervPD cR20152106 13:32:46 DePartment VPD 08:14:02 08:21:03 OCA Number cR20'152102 12/0/U2015 00:21:5t VPD MADRIGAL,MARII -216 Page 14:17:05 Ilnit Time 1of VERNON POLICE DEPARTMENT Call Log Report Type AA Unit Times and Location with OCA's Iurisdiction' vERNoN First Date: 12t03t2015 Last Date: 1210312015 Call Number Disp Ten Received Code Comolaint Caller Address Unit Time Enroute OnScene Remove Como 14:10:19 RPT VI 1 TMFFIC STOP S SANTA FE AV // 48TH, VERNON VPD LUCAS.JASON 2L4 13:33:16 13:33:1 8 12/0tt/2015 00:21:5t'Page of VERNON POLICE DEPARTMENT Call Log Report Type AA (Init Times and Location with OCA's furisdiction' vERNoN First Date: 12t0412015 Last Date: 12to4l2o1s Call Number Disp Ten Received Code Complaint Caller Address Dep Officer Unit Time Unit Dispatch Enroute Onscene Depart Arrive Remove Comp 20151223015VREC 1210412015 00:59:30 1015 REC RPT 201st223028 RPT 20151223031 RPT 20151223033 RPT 20151223037 RPT E 45TH // PACIFIC BL, VERNON VPD OURIQUE,CARLO -116 VPD VASQUEZ,LUIS 1L4 VPD HERNANDEZ,EDV 115 VPD LANDA.RAFAEL 1210412015 07:34:33 AMPM 'lL7 459VR 3278 E SLAUSON AV. VERNON VPD MADRIGAL.MARII *241'I 1210412015 09:00:40 92OPR 3031 VERNON. VERNON VPD VELASQUEZ.RIC} -2412 1210412015 10:17:31 JC SALES 484R 2600 S SOTO, VERNON VPD ESTRADA.IGNACI *252 VPD VELASQUEZ.RICI 2A12 DeDartmeru OCA Number RMS JurisvPD cR20152107 cA0197300 00:59:30 1210412015 09:30:23 AMERTCAN Hl Fl 476R 4480 pAcrFrc BL, vERNoN Deuartmeru ocA Number RMS Jaris vPD CR20152110 c40197300 VPD VELASQUEZ.RICi *2A12 09:45:53 09:48:33 09:48:35 00:59:32 01:01:05 01:01'.25 01 :02:16 0't :02:1 9 Deqartmeru OCA Number RMS JurisvPD cR20152108 cA0197300 07'.37'.57 07:45:23 Deoartmem OCA Number RMS lurisvPD cR20152109 cA0197300 09:00:40 Departmeru OCA Number RMS JurisvPD CR20152111 cA0197300 01:56:59 01:22:40 02:06:30 11:53:38 02:21:27 08:59:51 09:45:49 1',t'.21'.55 12:18:45 10:21 :59 10:26:06 11'.22:22 11:28:09 11:39:14 20rs1223050 RpT 12lO42O'15 15:53:Og ELTENAMPA ILLDPG RPT 4903 S $qNTA FE AV. VERNON DCDA4MAI OCA NAMbU RMS.IAiK vPD CFZO152I12 C40197300 vPD vELASQUEz.Rlct '2A12 15:55:07 ,5:55:54 16:20:16 16:38i05 12/05/2015 00:00:0a Page I of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction' vERNoN First Date: 1ao4l2o15 Last Date: laonlzot.s Call Number Disp Ten Code Received Comolaint Caller Address Unit Time 20rs1223050 RPT 20151223055 VS RPT 20151223056 REPO RPT 12t04t2015 ILLDPG RPT 't2t04t20't5 9017 12t04t2015 REPO Dep 15:53:09 VPD DOCHERTY.MICH 17:12:51 WEST COAST RAGS 48TH//ALAMEDA, VERNON VPD VEI.ASQUEZ.RICI *2412 VPD MADRIGAL,MARII 2411 VPD DOCHERTY.MICH 218 17'.40:29 5333 DOWNEY RD, VERNON VPD RECORDS BUREI *RECD EL TENAMPA 4903 S SANTA FE AV. VERNON DeDartment VPD 15:55:53 16:06:29 DeDartment VPD'17:14:33 17:16:40 '17:14:42 17:15:06 17:17:19 2LB 16:49:11 Enroute OnScene Depart Remove RMS luris cA0197300 16.49.14 RMS Juris cAo197300 17:1459 RMS Juris cA0197300 OCA Number cP20152112 OCA Number cR201521 13 DeDartmem OCA NumbervPD cR20',152114 17:41:06 17:57:04 17:57:04 18:15:01 12/05/2015 00:00:0t Page of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction' vERNoN FirstDate: 12lo5t2o'ts Last Date: 12lost2o15 Coll Number Disp Ten Received Code Complaint Clry 9027 Caller Address Unit Time RpT 1210512015 04:01:4'l ADOLF S SANTA FE AV II 38TH, VERNON VPD CERDA.EUGENIO *1L12 04.03'.12 04:03:37 04:04:39 VPD HERNANDEZ,EDV 118 O4:04'.07 DeDartmeru OCA Number RMS JurisvPD cR20152115 cA0197300 04:49:07 04:49:07 20r5r223r l9 RpT 12./05t2015 13:{6:40 SPRINI 459R 2$g&qNolNlBL vERNoN DeDa me ocA Nambet RMS 'lttrltvPD CR20152116 C40197300 vPD HERNANDEZ.MIG 2L7 B:4A37 13:49:15 13:55:18 14:U:02 ! .t , rl r .ii:. i, ,ili:i r .'!!i li 1206/2015 06:25:0(Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type Atl flnit Times and Location with OCA's First Date: Last Date: 't210612015 12106t2015Jurisdiction' vERNoN Call Number Disp Ten Code Received Comolaint Caller Address Deo Oflicer 20151223148 't015 VI RPT 20151223160 VREC 1210612015 O2'.32:41 TRAFFIC STOP 12t06t2015 REC 08:38:31 Deoartment VPD 02'.32:41 0237:20 02:39.,26 08:40:40 08:38:36 08:38:40 OCA Number cR20152117 Remove RMS Juris cAo197300 04:15:00 03:57:10 RMS Juris cAo197300 Dispatch Enroute OnScene VPD VPD ENCINAS.ANTHO LANDA,RAFAEL S SANTA FE AV // VERNON AV. VERNON -1 L8 1L12 O2:37:12 2305 SANTA FE. VERNON DeDartmeru OCA NumbervPD cR20152',118 08:38:31 08:42:58 08:42:38 08:40:34 08:43:00 VPD VPD VPD VPD VPD VILLEGAS,RICHA VALENZUELA.FEI CERDA.PAUL.JR CROSS.JEREMY CERDA,EUGENIO -2L8 2L',11 2L12 2s2 2W8 13:11:56 13:1 'l :56 1 3:1 1 :56 13:11:57 13:11'.57 12/07/2015 05:13:55 Page VERNON POLICE DEPARTMENT Call Log Report Type AA Unit Times and Location with OCA's First Date: laoTnus Last Date: 1ao7l2o'tslurisdiction' vERNoN Call Number Disp Ten Code Caller Address Dep Oflicer Received Complaint Unit Time 20151223202 RPT 20151223222 RPT 20151223227 REPO 20151223239 CITE VI 20151223256 RPT 20t51223258 RPT 1015 1210712015 05:20:28 901T VPD VPD REYNA,JOSE S ZOZAYA,OSCAR *1L12 05:21:37 1L1 1 O5:21:49 DeDartment VPD05:22:27 0527:27 05:22:13 05:23:01 DeDartment VPD 08:43:56 O8:54:44 10:18:03 09:'10:18 DeDartment VPD 11:00:23 11:00:35 OCA Number cR20't52't19 OCA Number cR20152',t22 OCA Number cR20152123 Remove RMS Juris cA0197300 RMS Juris cA0197300 08:57:43 09:33:42 RMS Juris cAo197300 RMS Juris cA0197300 11:'12:10 RMS Juris cA0197300 Unit VERIZON WIRELESS 8OO 451 5242 4 S SOTO // VERNON AV. VERNON Dispatch Enroute OnScene Depart 1210712015 459R 12107120'15 09:06:59 REPO VPD 12t07t2015 11:00:18 TRAFFIC STOP VPD VPD 1210712015 14.18:41 FOUND VPD 1210712015 15:00:40 WARRANT VPD 08:39:23 HENRY COTO 2939 BANDINI BL, VERNON VPD CERDA.PAUL,JR *2L4 08:42:45 VPD CERDA,EUGENIO 2L5 VPD VILLEGAS,RICHA 216 VPD VALENZUELA.FEI 2L7 06:08:21 06:08:21 10:48:45 10:48:45 10:04:1 1 11:31:25 '14:47:52 21OO E 49TH. VERNON RECORDS BURE/ -RECD E 52D II SANTA FE AV, VERNON NEWTON.TODD 'M1 CERDA.EUGENIO 2L5 US TOW 2119 E 25TH. VERNON CERDA.PAUL,JR "2L4 14:19:07 4305 S SANTA FE AV, VERNON MARTINEZ,GABR -5D31 DeDortmeru OCA NumbervPD CR20152120 09:07:18 14:20:14 14:2521 Deqartmeru OCA NumbervPD CR20152124 15:00:40 1Y08/2015 05:13:0i Page of 16:06:31 2 VERNON POLICE DEPARTMENT Call Log Report Type AA Unit Times and Location with OCA's First Date: 12lott2o'ts Jurisdiction' vERNoN Last Date: laotno$ Call Number Disp Ten Received Code Complaint Caller Address Dep Officer Unit Time anil Dispatch Enroute OnScene Depart Anive Remove Comp 20151223271 RpT 1210712015 18:24:.'16 422R VPD VPD 47OO S BOYLE AV. VERNON VPD CERDA,PAUL.JR -2L4 DeDartmeru OCA Number RMS JurisvPD CR20152125 CA019730018:24:52 18'.29:07 1L1 1 05:02:48 18:58:57 19:09:38 1L12 '18:53:45 05:06:44 18:59:00 1408/2015 05:13:0i Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type AA Unit Times and Location with OCA's First Date: 12tolt2o1s Jurisdiction' vERNoN Last Date: 1uoa,t2o1s Call Number Disp Ten Received Code Complaint Caller Address Dep Oflicer Unit Time Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20151223289 RPT 20151223303 CITE VI 20151223307 RPT 201s1223309 RPT 20151223311 CITE VI 20151223331 1210812015 03:25:58 SpRtNT 866-398-3284 9o2T 4429 BAND;N; BL, VERN9N Deaortmeru OCA Number RMS JurhvPD CR2.0152126 CA0197300 VPD SWINFORD.PHILi -1 L1 1 O3:28:22 03:28:23 03:31 :14 VPD ZOZAYA,OSCAR VPD ENCINAS.ANTHO VPD CERDA,EUGENIO VPD GAYTAN.LORENZ VPD MADRIGAL.MARII 1210812015 08:43:55 US GARMENT 273.5 1L12 1L8 03:41:14 03:35:37 03:42:01 08:33:29 08:33:59 08:40:21 08:34:08 08:38:37 O4:14:29 09:02:40 09:02:28 09:36:52 10:34:05 1O:54:29 10:28:07 09:44:10 04:57:54 04:57:54 08:40:14 09:1 5:57 1'l:04:53 09:37:26 1210812015 08:07:22 TRAFFIC STOP PACIFIC BL // SANTA FE AV, VERNON VPD GAYTAN,LORENz *2L6 12lOBl2O'15 08:32:07 CARLOS 484R 472.I MAYWOOD AV. VERNON Departmem OCA Number RMS JurisvPD CR20152127 CA0197300 08:07:22 Departmenr OCA Number RMS JurisvPD CR20152128 CA0'197300 -2L5 2L6 2L7 4440 E 26TH, VERNON VPD NEWTON.TODD VPD CERDA.PAUL.JR 2L4 VPD CERDA,EUGENIO 2L5 VPD MADRIGAL,MARII VPD CHAVEZ,JERRY.J 2s,2 VPD ESTRADA,IGNACI 2XS2 DeDartmem OCA Number RMS JurisvPD CR20152130 CA0197300 12lOBl2O15 09:02:09 TRAFFIC STOP *M1 08:44:52 08:47:41 09:04:27 2L7 08:45:07 08:58:00 09:37:38 09:37:41 08:56:57 08:49:44 LoMA VISTA AV // DISTRICT BL, VERNoN DCPATIMCru Q94 NYYI!", 4U$ I_ryT,:vPD CR20152129 CA0197300 12/09/2015 02:42:2i VPD GAYTAN,LORENZ -216 09:02:31 Page 1 of 3 VERNON POLICE DEPARTMENT Call Log Report Type AA Unit Times and Location with OCA's First Date: 1aoa2olre Last Date: 1ao&t2o15lurisdiction' vERNoN Call Number Disp Ten Code Received Complaint Caller Address Ilnit Time 201s1223331 RPT 20151223334 RPT 20151223350 RPT 20151223362 RPT 20tst223364 CITE VI 20151223366 VREC 1210812015 12:10:14 9017 VPD VPD 1210812015 12:41:06 GTAR VPD 1210812015 15:26:36 484R VPD 1210812015 17:10:40 9027 VPD 1210812015 '17:21:16 TRAFFIC STOP VPD DeDartment VPD 12"10:54 12:11:58 12:16:24 Department VPD 12:54:52 12:59:26 OCA Number cR20152131 OCA Number cP20152132 RMS Juris cA0197300 12:16:26 RMS Juris cA0197300 RMS Jurh cA0197300 RMS Juris cAo197300 18:27:20 RMS Juris cAo197300 17:52'.38 RMS Juris cAo197300 18:27:45 18:40:29 18:06:43 MAUREEN 6063 MALBURG WY, VERNON GAYTAN,LORENZ *216 CERDA.PAUL,JR 2L4 TOY POWER 4429 BANDINI BL, VERNON GAYTAN,LORENz -216 4401 S SOTO. VERNON ESCOBEDO,ALD( -5D23 5215 S BOYLE AV, VERNON CERDA,EUGENIO -2L5 S SOTO // LEONIS BL, VERNON GAYTAN.LOREN2 -2L6 DeDartmem OCA NumbervPD CR20152't33 '15:26:36 DeDartmeru OCA NumbervPD CR20'152135 17:11 56 Deaartmeru OCA NumbervPD CR20152134 17:21:17 Departmeru OCA NumbervPD CR20152136 17:52:29 17:56:55 17:55:19 17:56:.45 18:04:54 13:25:4'l 13:45:30 15:.46:41 18:57:31 '18:54:20 18:54:.20 12t08t2015 REC 17:52:29 SI.AUSON // PACIFIC. VERNON VPD CHAVEZ.JERRY.J -252 VPD CERDA,PAUL,JR 2L4 VPD GAYTAN.LORENZ 2L6 VPD ESTRADA,IGNACI 2XS2 VPD NEWTON,TODD M1 17.53.48 17:52:45 1A09/2015 02:42:2i Page of 3 YERNON POLICE DEPARTMENT Call Log Report Type AA Unit Times ond Location with OCA's Jurisdiction' vERNoN First Date: 12to8t2o1s Last Date: 't2to8t2o15 Call Number Disp Ten Received Code Comolaint Caller Address Unit Time Enroute OnScene Deoart 5 21:57:12 S SANTA FE AV // PACIFIC BL. VERNON VPD HERRERA,GUSTI VPD ZOZAYA.OSCAR 21:57:12 22:01:41 "1 L6 1L7 21:57:18 12/09/2015 02:42:2i 20151223375 VI CITE SRVD RMS Juris cA0197300 22:45:30 22:45:30 Departmeru OCA NumbervPD CR20152137 3Page VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: 1ao9t2o1s Jurisdiction: vERNoN Last Date: l2togt2ois Call Number Disp Ten Received Code Complaint Caller Address Deo Oflicer Ilnit Time Unit Dispatch Enroute OnScene Depart Anive Remove Comp 20151223386 VI CITE RPT 20rs1223388 RPT VI CITE 2015t223391 RPT VI CITE 20151223392 RPT 1210912015 0722:03 VCK E 45TH // SEVILLE AV. VERNON VPD GAYTAN.LORENz '2L8 12logl2o15 07 4846 TRAFFIC STOP E 38TH // ROSS. VERNON VPD GAYTAN.LOREN2 '2L8 1210912015 09:44:33 TMFFIC STOP LOMA VISTA // 53RD, VERNON VPD GAYTAN,LOREN2 '2LA 1210912015 0954:16 SHOSHO FASHTON 484 2454 E 27TH. VERNON VPD MADRIGAL.MARII 2L11 VPD DOCHERTY,IVIICH 2L12 VPD WINEGAR.JERRY 2L92 VPD ESTRADA.IGNAC 2XS2 1210912015 12:28104 ALEX SAJJADIN 594R 2820 LEONIS BL. VERNON DeDorlmen OCA Number RMS JurisvPD CR20't52138 C40197300 07:22:03 DeDarlmen OCA Number RMS JurisvPD CR20152139 C40197300 07:48:46 DeDa me OCA Numb$ RMS JurisvPD CR20152140 CA0197300 09:44:33 Deontmeru OCA Numbu RMS JurisvPD CR20152141 C40197300 12:31:31 07:43:40 08r23:35 10:15:28 11:25'.21 13:20:24 VPD CHAVEZ.JERRY.J '252 09:5444 09:55:01 '10:10:28 10:'15:il4 10:10:43 10:16:54 10:16:52 10: l1:36 10:01:46 09:55:1'l 09:59:42 09:57:28 20151223402 RPT DeDarlme oCA Number RMS JafisvPD CR201s2142 CA0197300VPD GAYIAN.LORENZ 218 12:30:25 12:30:28 20151223412 1409/2015 23:56:51 VPD DOCHERTY,MICH 2L12 12:31:29 12:41:14 Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: 12to9t2o1s Jurisdiction' vERNoN Last Date: 1ao9t2o1s Call Number Disp Ten Received Code Comolaint CaAer Address Dep Oflicer Ilnit Time Unit Dispatch Enroute OnScene Depart Anive Remove Como 20151223412 VREC 1210912015 15:01:04 REC 5232ALCOAAV. VERNON VPD MADRIGAL.MARII *2L11 201sr223413 REpO 1210912015 15:01 :55 FOREVER 21 REPO 2850 SIERRA PINE AV. VERNON VPD RECORDS BUREI -RECD 20151223416RpT 1210912015 15:24:50 VFD 9017 Deportment OCA Number RMS JurisvPD CR20152144 CA0197300 15:02:00 DeDartmeru OCA Number RMS JurisvPD CR20152143 CA0197300 15:02:30 Departmeru OCA Number RMS JurisvPD CR20152145 CA0197300 15:34:58 '16:20:48 PACIFIC BL // LEONIS BL, VERNON VPD CHAVEZ,JERRY,J *252 15:25:13 VPD MADRIGAL,MARII 2L11 VPD GAYTAN.LORENZ 2L8 '15:29:30 15:35:10 15:37:08 15:39:25 15'.46:26 16:01:.21 '16:01:21 20151223424 RPT 201s1223426 RPT 1210912015 19:36:15 ASSAD 902T EVERN9NAV//SANTAFEAV,VERN9N DeDafitteru OCANumbet RMSJurisvPD CR20152146 CA0197300 VPD SANTOS.DANIEL -1S1 19:37:07 VPD HERNANDEZ.EDV 1L4 19:37:12 19:37:46 19:54:58 19:37:09 VPD VASQUEZ.LUIS 116 12logl2o15 20:09:03 HUXTABLES KTTCHEN 21'l R 19:4007 Departmeru OCA Number RMS JurisvPD CR20152147 CA0197300 20:21:07 20:21:07 21:04:49 21:04:49 21:O4:5O 2OOO E 49TH. VERNON VPD HERRERA,GUSTI -1 L5 20:13:32 20:14:40 20:15.26 VPD VASQUEZ,LUIS 116 20:21'.10 20:15:29 12/09/2015 23:56:51 VPD SWINFORD,PHILI 1L7 20:13:33 Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All (Inil Times ond Location with OCA's lurisdiction' vERNoN First Date: 1a1ot2o15 Last Date: 12l1ol2o'15 Call Number Disp Ten Received Code Complaint Coller Address Unit Time Enroute OnScene BOYER ENVIROMENTAL 2939 BANDINI BL, VERNON VPD HERNANDEZ,MIG 1211012015 10:37:52 RECKLESS DRV VPD LUCAS.JASON VPD HERNANDEZ.MIG VPD VELASQUEZ.RICI VPD CHAVEZ.JERRY.J -2L4 10:38:25 2L5 216 2XS2 10:38:33 10:38:28 10:46:34 1 1O:57:17 'lO:42:16 10:46:55 11 1'l:25'.42 11:09:36 11:48:50 SI.AUSON // SOTO, VERNON 12t1012015 16: 20002R FRUITLAND AV // SOTO. VERNON VPD LUCAS,JASON 12/11/2015 00:06:5(Page of 201s1223448 1211012015 07:18:59 459R Departmeru OCA NumbervPD cR20152150 16:21:06 RMS Juris cA0197300 201512234s9 VS RPT 20151223476 RPT 17:05:14 YERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: 12t11t2015 Last Date: 1a112015Jurisdiction' vERNoN Call Number Disp Ten Code Received Comolaint Caller Address ILnit Time 20151223506 RPT 1015 20151223522 RPT 20151223530 RPT 20151223533 RPT 201s1223554 VREC 20151223s93 1211112015 04:36:07 602 1211112015 08:27:07 9027 VPD VPD VPD VPD 1211112015 10:03:33 9027 VPD VPD VPD VPD 1211112015 10:43:36 FOUND VPD 1211112015 14:28:10 REC VPD GLEN ROSE MEAT 456.I LOMA VISTA AV, VERNON DeDartment VPD 04:38:32 04:41:42 04:38:25 04:42:26 04:38:16 04:41:49 Depsrtment VPD 08:27:48 08:30:04 08:28:33 08:32:57 08:30:29 08:32:53 08:35:57 08:43:14 Department VPD1005.21 10:24:21 10:05:29 10:07:20 10:05:31 10:06:07 10:25:01 Department VPD'10:49:54 10:55:37 DeDartment VPD1432:43 14:40:08 VPD OURIQUE.CARLO VPD HERNANDEZ.EDV VPD VASQUEZ,LUIS *1L5 O4:37:28 116 'lL7 04:37:30 *2L4 08:27:29 2L5 2LG 08:30:22 2L7 *2L7 10:04:38 2L5 2L6 252 OCA Number cR20't52151 OCA Number cR20152152 OCA Number cR20152153 OCA Number cR20152154 OCA Number cR20152155 RMS Juris cAo197300 05:08:34 05:08:35 RMS Juris cAo197300 08:57:03 09:06:57 RMS Juris cAo197300 10:24:53 10:26'.41 RMS Juris cAo197300 RMS Juris cA0197300 '15:23:14 E VERNON AV // SOTO ST, VERNON 05:18:04 09:13:48 09:13:48 LUCAS.JASON HERNANDEZ,MIG VELASQUEZ,RIC} MADRIGAL.MARII MADRIGAL.MARII HERNANDEZ.MIG VELASQUEZ.RIC} CROSS.JEREMY NYDJ APPAREL, LLC DBA NOT YOUR D 5401 S SOTO, VERNON ''l 1:31:09 1 1 :31 :10 OVERHILL FARMS 3055 E 44TH, VERNON MADRIGAL.MARII *2L7 10:49:24 MELITON SANTOYO S ATLANTIC BL // BANDINI BL, VERNON 11:13:25 12/12/2015 00:08:2i HERNANDEZ,MIG -2Ls Page of Deo Officer Unit Disoatch Enroute Onscene Dgpart Aruive Remove Comp VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's furisdiction' vERNoN First Date: 1a11t2015 Last Date: 12111t201s Call Number Disp Ten Received Code Comolaint Caller Address VM VOID 1211'll2O15 22:57:03 UNATTACHEDTR VPD VPD Dep Officer LANDA,RAFAEL VASQUEZ.LUIS SACO // 37TH. VERNON Dispatch Enroute OnScene Depart Aruive Remove -1L12 118 DeDartment VPD 22"57'.03 22:57:05 22:58:17 OCA Number cR20152156 RMS Juris c40197300 23:21:1'l 23:23:02 20151223593 1A1A2US 00:08:2i Page of Ilnit Time VERNON POLICE DEPARTMENT Cotl Log Report Type All Unit Times and Location with OCA's Jurisdiction' vERNoN First Date: 12na2o15 Last Date: 12t1212015 Call Number Disp Ten Received Code Comolaint Caller Address Dep Officer Unit Unit Ti Enroute OnScene 12t12t2015 11: TRAFFIC STOP LEONIS BL // PACIFIC BL, VERNON VPD CROSS.JEREMY VPD VILLEGAS,RICHA -2S2 2L8 VPD VELASQUEZ,RIC} 8134 AI-AMEDA, LOS ANGELES "2L12 5 23:20:.55 VPD ZOZAYA.OSCAR VPD RAMOS,JOSE VPD GRAY,BRANDON 4833 FRUITTAND AV, VERNON -1L1 1 23.,22:49 1L8 23:22:51 151 23:22:52 23:22'.54 12/13/2015 06:35:0!, 20151223620 1015 RPT 201s1223630 VREC RPT 201512236s6 RPT 121'l2l2i'15 15:00:12 REC DeDartmeru OCA NumbervPD CR20152157 '11:25:.55 11:.34'.14 Departmeru OCA Number VPD cR2o152158 RMS Jaris cA0197300 12:01:47 RMS Juris cAo197300 1543:29 RMS Juris cA01 97300 01 :04:10 01 :01:00 23:39:40 12:O5:44 Page 1of VERNON POLICE DEPARTMENT Call Log Report Type AA Unit Times and Location with OCA's Jurisdiction' vERNoN First Date: 12t13t2015 LastDate:'12l'l.312015 Call Number Disp Ten Received Code Complaint Caller Address Unit Time Enroute OnScene Arrive Remove 1 WINDSOR 4533 PACIFIC BL. VERNON459VR VPD CERDA,EUGENIO 1A1U2015 05:26:13 1of 20151223677 RPT Deoartmem OCA Number cR20152160 RMS Juris cA0197300VPD10:57:30 10:58:41 11:23:17 VERNON POLICE DEPARTMENT Call Log Report Type General First Date: 1a14t2o1s Jurisdiction' vERNoN Last Date: 12t14t201s Call Number Disposition Ten Code Received Unit Officer Caller Complaint Description 20151223719 1 201s1223721 2 20151223724 3 20151223741 4 20151223751 5 20151223757 6 20151223765 7 121'l'412015 06:20:49 STEVE ,11_12 ZOTAYA.OSCAR 459VR BURGLARYTOAVEHICLE REPORT 459R BURGLARY REPORT REC RECOVEREDSTOLENVEHICLE REPO REPOSSESSION 12114120'15 06:56:51 1211412015 07:23:.54 1211412015 10:12:51 1211412015 12:11:13 1211412015 14:02:OB '12|1412015 17:02:56 VAZGEN -2L12 HANSOLO "2111 CERDA.EUGENIO -psgp RECORDS BUREAU RPT RPT MET RPT CATWALK TO SIDEWALK SUICIDE SUICIDE ATTEMPT 252 CHAVEZ.JERRY.JR Zttz CERDA.PAUL.JR 2111 CERDA.EUGENIO -2;_6 NEWTON.TODD RLS LOGISTICS 487R GRAND THEFT REPORT -216 NEWTON.TODD -2112 CERDA.PAUL.JR NEWSTARTOYS 594R VANDALISM REPORT 12115/2015 03:18:5C Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: 12t15t2015 Jurisdiction' vERNoN Last Date: 12t1st2o1s Call Number Disp Ten Received Code Complaint Caller Address Dep Oflicer anil Time Unil Dispatch Enroute OnScene Deoart Arrive Remove Comp 20151223783 VREC 1211512015 01:12:01 2181 E 25TH. VERNON VPD SWINFORD,PHILT *1L4 VPD HERRERA,GUSTI 116 1211512015 03:43:47 9017 VPD SWINFORD.PHILT 1L4 VPD ENCINAS,ANTHO 115 VPD ZOZAYA.OSCAR 1L7 1211512015 06:12:39 AT&T MOBtLtTy 800 635 6840 4 4280 MAYWOODAV. VERNON VPD ZOZAYA,OSCAR -1L7 12115120'15 06:15:58 STEVE 484R 3250 SACO, VERNON VPD HERRERA.GUSTI 116 1211512015 07:13:53 DeDartmeru OCA Number RMS JurisvPD CR20152170 CA019730006:17:37 06:20:37 DeDartmeru OCA Number RMS JurisvPD CR20152169 CA0197300 S SOTO // VERNON AV. VERNON VPD HERRERA.GUSTI -116 03:45'.14 03:45:33 03:46:38 DeDartmeru OCA Number RMS JurisvPD CR20152167 CA0197300 O1:12:01 O2:00:27 Departmeru OCA Number RMS JurisvPD CR20152168 CA0197300 O4:25:41 04:32:00 06:42:28 0642:24 09:15:59 09:16:04 02:26:OO 02:26:01 O4:32:23 O4:32:23 06:47:44 09:20:52 20151223787 RPT VS 20151223793 RPT 20151223794 RPT 20151223797 RPT 20151223803 cKoK PATCK VPD SWINFORD.PHILI *1L4 06:18:33 06:18:39 06.'23:44 06:28:38 06:32:10 03:45:31 03:46:41 03:5'l:15 03:56:18 03:46:01 03:46:50 08:45:08 08:45:27 08:57:34 2360 E VERNON AV, VERNON VPD CERDA.EUGENIO "2L12 VPD CHAVEZ.JERRY.J 252 Departmeru OCA Number RMS JurisvPD CR20152172 CA0197300 07:14:26 07:19:28 12/16/2015 05:02:14 VPD PEREZ.NICK Page I of 3 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: 1a1st2o1s Jurisdiction' vERNoN Last Date: 12t1sl2o'ts Call Number Disp Ten Received Code Comolaint CaAer Address Unit Time Dep Oflicer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20t5t223803 RpT 12r'15t2015 0A:23:56 T-{!IOB|LE (877) 653-7911crry eo2r 4735 E DrsrRrcr BL. vERNoN 133'^"t millfi* W{r# ccN VPD NEWTON.TODD -2L11 VPD CERDA,PAUL.JR 218 VPD CHAVEZ.JERRY.J 2s2 VPD CALLEROS,DANIT 5C14 VPD PEREZ.NICK 20151223813 RPT 12115120'15 12:11:05 911A 5477 DOWNEY. VERNON VPD CERDA.EUGENIO *2L12 20151223817 REpO 1211512015 '12:35:10 ROBERT REPO 2403 E 53D. VERNON VPD RECORDS BUREI -RECD 20r512238r8 08:26:.12 08:28:54 08:27:51 08:36:15 08:37:26 08:41 :06 08:41:25 12:49:55 DeDartmeru OCA Number RMS JurisvPD CR20152173 CA0197300 '12:13:.20 08'.57:2'l 08:45:08 08:41:14 08:57:33 12:34:48 13:00:08 13:40:09 13:41:57 16:38:16 09:11:43 14:05:22 13:44:43 RPT VI CITE SRVD 1211512015 12:49:04 TRAFFIC STOP ALCOA AV // LEONIS BL, VERNON VPD CHAVEZ.JERRY.J -2s2 VPD NEWTON.TODD 2L1'I VPD CERDA,EUGENIO 2L12 VPD CERDA,PAUL,JR 2L8 1211512015 15:53:09 BON ApETtT 4820 E sOTH. VERNON VPD NEWTON.TODD *2L11 Departmeru OCA Number RMS JurisvPD CR20152174 CA0197300 12:36:22 Deqartmem OCA Number RMS JurisvPD CR20152175 cA0197300 12:49:04 13:00:04 12:57:31 20151223826 RPT Departmeru OCA Number RMS JurisvPD CR20152176 CA0197300 1A16/2015 05:02:1q PLATE 16:00:00 16:08:30 Page 2 of 3 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction' vERNoN First Date: 1a1il2015 Last Date: 12t1st2ols Call Numher Disp Ten Received Code Complaint Caller Address Unit Time Enroute OnScene 12t15t2015 1 PLATE BON APETIT 4820 E sOTH, VERNON VPD CERDA,PAUL.JR 2LB 15:58:06 SANDBERG FURNITURE 5685 ALCOA. VERNON VPD ZOZAYA,OSCAR 1416/2015 05:02:1q of 20151223826 RPT 20151223841 RPT 21 1R Wflffiffi3:W 121'1512015 23:45:56 DeDartmeru OCA NumbervPD CR20152176 cR20152177 Departmem OCA Number RMS Juris cAo197300 16:00: 16 RMS Juris cA01 97300VPD 23:47:55 00:01:03 01 :10:00 RE EflVED DEC r 5 2015 CITYCLER[{,SOFFICE STAFFREPSRT PUBLTC woRKs, *H*fi .Hfi#rropMBNr sERvrcES RECEIVED DEC r { 2015 CITY ADMINISTRATIO DATE: TO: FROM: January 5, Z)16 Honorable Mayor and City Council RE Samuel Kevin Wil*fu*,r*, of Public Worls, Water & Devebpment Services Departrnent Originator:AlfonsoHernande tTechnician Cynthia Mircles, Permit Technician \\/c'" MONTHLY BT]ILDING DEPARTMENT RPORT Enclosed herewith is the Monthly Building Report for the month of November 2015. Thank you. City of Vernon Building Department Monthly Report from 111112015 to 11t30t2015 Demolition Eleclrical lndustrial - New lndustrial - Remodel Mechanic€l Miscellaneous Plumbing Roof $5,000.00 1 $543,092.00 9 $7,545,507.70 1 $394,504.00 4 $381,560.00 6 $904,642.00 .t3 $337,350.00 E $458,200.00 7 November 2015 TOTALS PERMITS: PREVIOUS MONTHS TOTAL YEAR TO DATE TOTAL November 2014 TOTALS PERMITS: PREVIOUS MONTHS TOTAL PRIOR YEAR TO DATE TOTAL $10,569,855.70 $61,027,188.00 49 670 $71,597,043.70 $5,104,401 00 $53,460,521.00 719 127 1043 $58,564,922.00 1',|70 Director of Public Works, Water & Development Services City of Vemon Building Department Maior Projects from 111112015to 1113012015 Valuations > B-2015-0301 5525 SANTA FE AVE APN 6308017043 4490 AYERS AVE APN 6304001023 New building Eleclrical for Solar panel system installation, rooftop, commercial. Ground up industrial- lighting and power Job Value $175,000 $336,242 lndustrial - New 8-2015-0102 4490 AYERS AVE APN 6304001023 New Building Ground up new concrete tilt up warehouse with office mezz. 94,769 sq. fr. $7,545,507.70 lndustrial - Remodel B-201+0701 B-20't5-0676 3170 SLAUSON AVE APN 6310027037 2309 38TH ST APN 6302014013 1) Sawcut new storeftont opening in concrete wall (14'x9') 2) New 3 ton HVAC unit on the roof. New boiler room structure and foundation $40,000 $343,504 2 Record(s)$383.504.00 Mechanical B-20'15-0403 8-2015-0122 B-2015-0302 5970 ALCOA AVE APN 6310027039 2615 FRUITLAND AVE APN 6308003014 .1490 AYERS AVE APN 6304001023 New building lnstallation of Spiral Freezer Refrigeration equipment New HVAC Units (8) and duct work Warehouse & office ventilation (5) HVAC Units (5) Exhaust Fans $200,000 $40,000 $115,560 Miscellaneous 8-2015-M96 B-20110638 8-201r0712 B-201t0468 5525 SANTA FE AVE APN 6308017043 2939 BANDINI BLVD APN 6303002020 3270 WASHINGTON BI APN 5169022005 5251 SANTA FE AVE APN 63080't6041 Solar syslem inslallation, roofrop, @mmercial. Fixed garment racks. Hanging and storage racks. 5,600 CY of soil to be excavated and replaced for site remediation lNT. ADA Upgrades, Ramp for disable access $525,000 $55,232 $238,000 $20,000 Electrical B-2015-0497 Permit No. Plumbing B-2015-0700 2901 FRUITLAND AVE APN 6303029016 4490 AYERS AVE APN 6304001023 3636 26TH ST APN 5192025002 B-2015-0300 8-201rO777 New building Storm drain piping FW 8-201$0/146 Plumbing for new building and landscape piping New (2) restrooms, (1) mop sink, (1) water heater for new building $'t 50,000 $139,000 $21,000 Roof B-201S0735 8'201+0720 B-20',t+076/. B-201$0765 8,-201'0747 sOTH ST 6303024007 ,IGTH ST 6308014032 $63,000 $160,000 $70,000 $100,000 $41,000 2959 APN 1946 APN remove existing roof down to substrate (2xO T.G.) lnstall spry foam roof systems. Tear off existing. install /t-ply BUR GAF cap sheet. CRRC#065&0002. Re-roof Re-roof Remove existing torch roof system 4713 DISTRICT BLVD APN 6304020029 4685 DISTRICT BLVD APN 6304020032 2731 SOTO ST APN 6302001044 Permit(s)Total Valuation:$r0,378,046.70 Samugl'f(evih \Mlson Director of Public Works, Water & Development Services City of Vernon Building Department New Buildings Report - November 20i5 4490 Ayers Ave. lnside Redevelopment Area 94,769 Sq Ft. Direc{or of Public Works, Water & Development Services City of Vemon Building Deparhnent Demolition Report - November 2015 NONE Direclor of Public Works, Water & Development Services City of Vernon Building Deparbnent Status of Cedificates of Occupancy Requests Month of November 20'15 Request for lnspection Approved Pending Temporary Occupancies 22 13 291 26 Director of Public Works, Water & Development Services City of Vcrnon Ce.titicate of Occupancy Applications Date Frc.,]. 1111 l2O'15 to 1'l t3Ol2O1 5 Certifi cate of Occupancy c-2015{255 2962 54TH ST APN 63.10010012 c-20154256 4700 48TH ST APN 6304015007 c-20154257 2390 48TH ST APN 630801s043 c-2015-0258 4560 50TH ST APN 63040130.t6 c-20'r5{259 2600 SOTO ST APN 6303003018 c-2015-0260 2801 VERNON AVE APN 6302020042 c-2015-0261 4726 26TH ST APN 6332001003 c-20t54262 2832 S ALAMEDA ST APN 6302009030 c-2015-0263 2468 26TH ST APN 63020M012 c-2015426/. 2833 LEONTS BLVD. APN 6303022004 c-2015{266 4515 48TH ST APN 6304019010 c-20154267 2045 45TH ST APN 6308013036 c-2015-0268 2202 ANDERSON ST APN 6308019022 C-2015{269 2801 il6TH ST APN 6303014016 C.20,15{270 3839 SANTA FE AVE APN 6302015018 c-20154271 3155 BANDIN| BLVD APN 6303001008 c-201s4272 2030 ROSS ST APN 6302011016 c-20154273 2065 ROSS ST APN 6302011014 c-201s-0274 3575 ROSS ST APN 6302011016 c-20154275 2920 ROSS ST APN 6302010006 Daniel's Moving and Storage Call Logistic lnc. KKGM Golden Bell dba Jc Flowers Homessentials Corp Vernon Sales lnc Make Up S. He, lnc Sooter Co., lnc. AMN Real Estate Holdings Pro World, lnc. Divinity lnternalional, lnc. I.AT, LLC New Clothing Co , LLC Fashion Nova Royal Skeet Communication CA Liquidators LLC United Parcel Services lnc. United Parcel Services lnc. United Parcel Service United Service lnc. Shipping and receiving watehouse Warehouse general Women's clothing office/v{arehouse YVholesale flowers Otfrce use Warehouse general Cosmetic Vliholesale and DEtribution od cold and dry foods Warehouse and Distrbution Office use Distribution and warehousing of apparel Storage ot clothing Manufacturing mens and womenS apparel Wholesale Cell site Warehouse general Parking lot Parking lot Parking lot Parking lot $689 $689 s689 $689 $300 $689 $689 $689 $689 $300 s689 $689 $689 $940 3s000 $200 $815 $300 $300 $300 $300 10000 14458 30000 100 50000 10069 10000 2't133 8000 15255 17477 '120960 1000 70000 '100 100 100 100 c-20154276 4726 EVERETT CT APN 6304025009 C-20154277 2528 SANTA FE AVE APN 516802600.1 22 Record(s) Damoa Textile, lnc Best Fit Finishing Manufacture fabrics Sample and finsh garment $689 $300 20000 4000 Total for Certificate of Occupancy;$12,323.00 438,807.00 22 Permits(s) Total Fees Paid $12,323 00 lssued Permit No. Proiect Address Tenant City of Vernon Certificate of Occupancy lssued Date From '1111/2015 to 1l130/2015 DescriDtion Fees Paid SdDarc Fcct C6nificate ol Occupancv 111O2J2015 COO-002-749 2529 Chambers St U S. Punching & Emb., Co Manubcturing of APN 6308,008411 1110212015 COO-002-8M 4424 49th St Arely's Fumilure, tnc APN 6304-026-010 11nZnO15 COO-002-867 1951 Vemon Ave Rriwe Wo*s,lnc APN 6302{17-043 111O2n015 COO-003-274 5100 Boyle Ave Protein, LLC APN 6303_02M14 11102J2015 COO-003-299 3575 Rossst JCFitslnc APN 6302{11{16 11102,2015 COO-003-337 2300 27th St Genx Clothing, lnc APN 6302_007_033 11n2,2015 COO-003-350 4201 Charter St Shebah & Bethel, lnc APN 6304_021-015 ManufEcturing of garmentgoJtting $220 13,760 garments/embroiderin g Manufacluring of fu rnature Warehousrng of fumiture Processing of pet food protern $200 3,200 s295 8,850 $420 12,000 $275 24,287 11n2no15 COO-003-390 4333 BandiniBlvd Clorox Manufacturing Company Manub.turing of bl€ctl $200 133,000 APN 52490,9-013 Office use Garment desgn $200 3,200 $200 '10,000 $689 12,550 $689 11,A52 11n2n015 COO-003-457 4428 Pacilic Blvd Casanueva Corp. APN 630&007-0't8 11rc2n015 COO-003-562 2856 54th St A & B Wrolesale APN 6310_010_012 1110212015 COO-003-715 2301 38th St GBYCoA. APN 6302-014-016 11102t2O15 C-2015-0166 3305 Bandini Btvd. Rahfield Ranches LP \ /brehousmg general mercfEndise $205 10,968 Warehousing o, general mechandise $200 7,500 Manufacturing of garmentydrtting 5300 4.200 Receive and ship produce APN 6303-001-005 11l0gl2015 C-2015-0241 4425 Soto St Ten Thirty One Productions, LLC Warehousing ot seasonatsets APN 6308,001-O20 13 Record(s)Totals for Certiricate of Occupancy: 14,093.00 255,367 13 Permits Total Feos Paid: $4,093.00 Z 9 cul5 CITY ULTRl('SOffICE STAFF REPORT CITY ADMINISTRATION DATE: TO: FROM: RE:Continuation of December 15, 2015 City Council Agenda Item Relating to a Proposed One-Year Professional Services Agreement with John Van de Kamp of Mayer Brown LLP to Serve as Special Advisor to the Cify of Vernon Backsround At the December 15, 2015 City Council meeting, in response to a request made by one of the council members, the then current City Administrator presented a recommendation relating to the expiration of Mr. Van de Kamp's current contract. The City Council held some discussion on the matter, received feedback from City staff and audience members, including Mr. Van de Kamp, and requested the matter be continued to the January 5. 2016 City Council meeting. During the comment period, Mr. Van de Kamp requested that a copy of his current contract be provided to the City Council for review, and said copy is attached hereto. The original staff report provided for the December 15, 2015 agenda is also attached. Attachment(s) 1 . City Administration Staff Report dated December 15, 2015 2. Mayer Brown (John Van de Kamp) Engagement Letter dated May 18,2012 January 5, 2016 Honorable Mayor and City Council Kristen Enomoto, Deputy Cify Administrator (6 Page I of I - ATTACHMENT 1 STAFF REPORT CITY ADMINISTRATION DATE: TO: FROM: RE: December 15, 2015 Honorable Mayor and City Council Mark C. Whitworth, City Administrator Originator: Kristen Enomoto, Deputy City Administrator Proposed One-Year Professional Services Agreement with John Van de Kamp of Mayer Brown LLP to Serve as Special Advisor to the City of Vernon Recommendation A. Find that approval of the agreement proposed in this staff report is exempt from the Califomia Environmental Quality Act C'CEQA'), in accordance with CEeA Guidelines $ 15061(bX3), the general rule that CEQA only applies to projecrs that may have a significant effect on the environment; and B. Approve, in concept, a proposed Professional Services Agreement with John Van de Kamp of Mayer Brown LLP to serve as Special Advisor to the City of Vemon for a period ofone year, effective February 15, 2016. C. Provide direction and authorization to the City Administrator to negotiate the specific scope and terms of the proposed agreement with Mr. Van de Kamp, and present a final recommendation regarding such an agreement to City Council prior to February 15,2016. Background John van de Kamp was originally engaged by the city in February 2011, at the outset of the good govemance reforms, to serve as Independent Ethics Advisor to the city of vernon for an initial term of one year. The scope of that engagement included: (1) assessments of and recommendations regarding ongoing compliance with the Political Reform Act, Govemment code Section 1090, Brown Act, Public Records Act, and any other provisions of law goveming conflicts of interest and,/or transparency in govemment; and (2) recommendations to the City reasonably designed to improve and enhance the existing practices, procedures, and policies goveming conflicts of interest and open govemment of the city, its departments, divisions, and governing bodies. The initial agreement also required Mr. Van de Kamp to issue an initial report of his findings and recommendations in July 201 1, and a follow-up report in January 2012, with Page 1of 3 time in between for the city Administrator and city council to review and implement, or otherwise respond to, all initial findings and recommendations. As many of the earliest good govemance reforms took shape, a need for a four-year Independent Reform Monitor to observe and continue reporting on and making recommendations reiated to the reform process was identified, and ultimately determined and upheld by a landslide vote of the city's electorate in November 2011. As a result, the city entered into a new engagement with Mr' Van de Kamp to serve as the City's Independent Reform Monitor for a period of four years commencing February 15,2012. The scope of the four-year contract minored that of the initial one-year contract, with the additional responsibility of reviewing and making further recommendations related to recommendations previously submitted as the Independent Ethics Advisor in July 2011, and to those submitted by Senator Kevin de Leon in August 2011. Mr. van de Kamp was selected, initially and subsequently, by virnre of his unassailable reputation for ethics and good governance practices derived from his notable work as a lawyer and his noted political career as Califomia Attomey General and Los Angeles County District Attorney. Mr. vaa de Kamp's professional attributes and unquestioned integrity were highly valued by the city and solidly endorsed by powerful political figures sharply scrutinizing the City. Prooosed New One-Year Aqreement with the upcoming expiration of Mr. van de Kamp's current contract as the city's Independent Reform Monitor, there has been much discussion about what the appropriate next steps may be. At the December 1, 2015 City Council meeting, one of the council members requested that City Administration present its recommendation relating to the expiration of Mr. Van de Kamp,s current contract at the December 15,2015 meeting. After careful consideration of the factors described below, I recommend the City engage Mr. Van de Kamp as Special Advisor to the City for a period of one year, commencing February 15, 2016. Should the Council concur with this recommendation, I will also seek direction and authorization to negotiate the specific scope and terms of the proposed agreement with Mr. Van de Kamp, and present a final recommendation regarding such an agreement to City Council prior to February 15,2016. Mr. Van de Kamp has served an integral role in the City's good govemance reform process, both as the lndependent Ethics Advisor and as the Independent Reform Monitor. Mr. Van de Kamp's biannual reports, issued each January and July, served to both inform and reassure all interested parties, including but not limited to members of the State Legislature, members of vemon's business and residential communities, elected officials and members of Vemon's neighboring communities, and Vernon city staff and consultants, of the city's progress on and unyielding commitment to over 150 good govemance reform measures over the course ofthe last five years. The very long and comprehensive reform process culminated earlier this year with the completion of the most vital reform measure recommended - the grand opening of vemon village Park, a privately-owned, 45-unit, LEED Silver apartrnent complex for low-income residents - which effectively doubled the city's population. As I mentioned during the December 1, 2015 city council meeting, the city (in the largest and most inclusive sense) has Page 2 of 3 much to be immensely proud of in the way of its accomplishments and transformation, including but in no way limited to, new boards and commissions that expand and heighten stakeholder engagement, new purchasing and contracting policies that foster open competition to responsibly achieve lower costs for goods and services, a new merit-based personnel system that features up- to-date employment policies ard practices, a balanced budget each fiscal year and a recent bond restructuring that smoothed existing long-term debt to provide greater electric rate stability and predictability, and the establishment of the vemon commuNITY Fund, which provides grants to worthy non-profits in the "Vemon Area" through an appointed seven-member Grant Committee. It seems the independent reform monitor process has served its purpose thoroughly and effectively, and very well to boot, much to the credit of Mr. Van de Kamp and the Vernon City Council. With all of the reforms completed or well established, the City and all its stakeholders now have a very solid foundation upon which to continue to grow and thrive, and from which the City can effectively and responsibly address new and ongoing challenges and issues that all cities face, like how to continue to fund retirement obligations and OPEB liabilities, and the careful selection of highly qualified successors to key positions, including city Administrator. If the Independent Reform Monitor role continues under its current construct, it may inaccurately message to onlookers near and far, that the City's reform process is unfinished and in need of continued direct oversight. Further, it may create a misperception that the city council is not able to effectively govem itself and the City. In order to allow my successor to begin his or her term with the knowledge that the reform process I initiated has been successfully completed, I recommend the tndependent Reform Monitor process draw to a close on or around February 14,2015, as scheduled. I and the rest of the City staffwill continue to work diligently to fully close out the reform process. For the sake of continuity and to help ensure that Vemon continues to forge ahead and build upon the solid foundation it has created tlrough the reforms, I believe the City would be well served to have Mr. Van de Kamp onboard for another year in the capacity of Special Advisor to the City to assist with the "leadership transition planaing process" outlined in another staff report on the December 15, 2015 City Council agend4 and other transitional or general matters that may come up as the City continues to stand more and more firmly on its own two feet. Fiscal Imoact Any fiscal impact associated with the contract proposed in this staff report will be determined once specific terms are identified and presented. Attachment(s) None. Page 3 of 3 ATTACHMENT 2 May 18,2012 Attn: City Administrator City of Vemon 4305 Santa Fe Avenue Vernon, CA 90058 Re: Representation bv Maver Brown LLp MAYER.BROWN irayer Btfln Ltp 350 Souh GrUld Ayenue 25lh Fhor Lo6 Ang€{es, Cdfomia 90071 I 503 Main Td .1 213 2A 9500 Mah Fa +l 213 625 0248[ .malqb(ofi-cotr John K. Van d. Kanp DiEclT6t+1 213 229 951I oir&t Fa( 2t3/876{1t6 iumdd(rE@nay€lt(! rcqn Dear Mr. Whitworth: .. . we are pleased that you have asked John van de Kamp and his firm, Mayer Brown LLp,a limited liability partnership established in the United stares (the . Erpq,,), to serve as an Independent Reform Monitor (the "lv!on!1q"). with this letter, we proviie you with an explanation of the representation and address (l) identification of our client; (2) scope of our engagement; (3) conflicts of intercst; and (4) fees, expenses and other charges. This ietter, the Standard Terms of Engagement tbat are attached as Exhibit A, and the attached Schedule ofNon Fee Charges to ClientJgovern our relationship. L Clienl ' This engagement does not create an attorney-client relationship with the Cityof vemon or any of its representatives or employees, altlough Mayer Brown,s costs of representation will be reimbuned by the city of vemon for payment to Mayer Brown. 2, Sc9p1 of Engagement. John Vaa de Kamp and Mayer Brown are engaged as an Independent Reform Monitor to: (a) Assess and make .e"ommendations regarclilf, ongoing compliance with the Political Reform Act of 1974, Govemment code section 1690, giown ect, Public Remrds Act and any other provisions of law governing conflicts of interest and/or transparency in government; (b) make recommendations to the city reasonably designed toimprove and enhance the existing practices, procedures and policies govemini conJlicts of interest aDd open govertrment of the city, its departments, divisions, and-govemirig bodies, and(c) to rerdew the City's govenrrmce reform measures and initiatives, ana -.ecom-Jna measures and initiatives in the best interest ofthe City. The tlrm of this agree-ment shall te for the period treginnilg May 14,2012, and endingFebruary 15,2016 subject to the termination provisions set foih in plag;pn ! n r"ir" Other than the Monitor,s role as Vernon's 15, 2012, the Monitor has had no pre-existing re satisfr himself that he can be effective and imparti The Monitor is, and shall remain at all times, ao agent of the city of vernon, and shall conduct his affairs accordingly. The Monitor shall on- y{ith otl€r Mayer Brofrn enlities wih ofic€s in Eurcpe and AEia AMEcURIENT 7o2 I & CheqEr A&ogad( , I Braitian lav partEBhip. Mayer Brown lle Attr: City Adminishator May 18,2012 Page2 perform his or her duties in a professionally independent and objective fashion, as appropriate to the nature of the engagement. The Monitor's dudes and authority, and the obligations of the City of Vemon with resp€ct to the Monitor, arc set forth below, All provisions defining the Monitor's j urisdiction, powers, oversight authority and duties shall be broadly construed. The Monitor shall: a Review and evaluate the effectiveness of the Cify of Vemon's intemal controls, record-keeping intemal audit, and existing or new reporting policies and procedures with respect to the Political Reform Act of 1974, Govemment Code Section 1090, Brown Act, Public Records Act and conflict of interest requirements. b. Review and evaluate from a legal p€rspective the effectiveness of the City of Vemon's policies and procedures relating to reimbursement of expenses and payment of invoices !o any hdividual af6liated with thc City or the City Council, including City employees, and shall make recommendations to the City regarding such policies. c. Review and evaluate from a legal perspective the effectiveness of the City of Vernon's policies for selecting, engaging and paying consultants, including the City ofVernon's conflict of interest policies. The Monitor shall review the shucture and content of the City of Vernon's current consulting agreements, and payments made to consultants thereunder. The Monitor shall also review any consulting agreements proposed during the term of this agreement and recommend any alterations necessary to ensure the proposed consulting agreement complies with all policies and procedures. d. Review and evaluate from a legal perspective whether the City of Vernon has adequate and appropriate policies psrtaining to ethics and conflicts of interest. The Monitor shall evaluate the extent of existing raining and educetion and, where the Monitor deerns appropriate, make recommendations regarding additional training and education relating to ethics and conllicts of interest. e. Review the implementation of the measures recommended by the Independent Ethics Advisor on July 29, 20ll and January 3I, 2012, and those recommended by senator Kevin de Leon on August 22, 2011 and make recommendations regarding their implementation and such other measures which may be called for which arc in the best interest of the City. The City of Vernon will cooperate flrlly with the Monitor. To that end, the City of Vernon shall provide the Monitor with access to all non-privileged information, documents, and records that relate to the responsibilities of the Monitor. The City of Vemon will further provide the Monitor with access to all ernployees, consultants or Monitors and shall encourage firll cooperation with the Monitor. AMECURRENT 70203s02t. I 063 Mayer Brown lle Attn: City Administrator May 18,2012 Page 3 The City of Vemon shall not be obligated to provide the Monitor with materials or information protected by the attomey-client privilege or work product doc trine. The Monitor shall whete necessary take appropriate steps to maintain the confidentiality of any information entruste.d to him. The Monitor will undertake to avoid disruption of the city of vemon's ordinary operations. The Monitor shall have the power to conduct audits of all city operations and budgets as'well as the power to review any proposed service contract that is substantial in natpre. The Monitor may, at the City of Vemon's expense, select and hire outside legal counsel, consultants, investigators, auditors, expefis or other professionals to work under his direction for the proper discharge of the Monitor's duties. Before retentiorl the Monitor shall provide to the City Administrator a notice of the ret€ntion and a proposcd budget for their retention. The City Administrator shall not withhold reasonable retention requesls: if the City Adminishator and./or the City Counsel fnds such requests unreasonable, such findings shall be communicat€d to the Monitor no later than 15 days after submission of the retention and the budget proposal, and permit the Monitor to sub,mit an altemative proposat. On or before July 31, 2012, the Monitor shall issue an written report to the City Adminishator and City Council and the state legislature detailing the Monitor's findings and recommendations, if any, designed to improve the City of Vqnon's internal controls, policies and procedures. The Monitor shell i5sus such a report every 6 months, i.e., shalt be issued by January 3I and July 3l of each year ofthis contact. Within forty-frve (45) days after receiving the reports, tlre City Administaor and Cily Council shall advise the Monitor in writing of any recornmendations that thc City Administrator and City Council consider unduly burdensome, impractical, costly or which would otherwise impair the day-today operation of the City. With respect to any r@ommendation made by the Monitor that is not adopted by the City Administrator and City Council, the City Administrator and City Council shall propose in writing an altemative policy, procedure or system designed to achieve the same objective or purpose. The Monitor shall undertake follow-up reviews during the term of this retention as reasonably deemed necessary and appropriate. In order for the Monitor to futfiU his obligation, the City Administrator shall provide adequatc office space for the Monitor and his staff to conduct its on site work. The Monitor's assigment may be expanded at the express direction of the City of Vemon's City Administrator and./or City Council. AMECURRENT 70203502t. I 063 Mayer Brown Lue Attr: City Administrator May 18,2012 Page 4 3. Loyalty and Conflicts of Interests. City of Vemon agrees that the Monitor is independent and that this shall not preclude Mayer Brown LLP from representing either existing or future clients in other matters. Clients with Con/licting Interests. During or after the time we are engaged in this matter, some olher current or future client may ask us to reprcsent it in connection with some dispute, transaction, litigation, arbihation or other matter that is not substantially related to this engagement in which the interests of such client may be directly adverse to your interests. You agree that, consistent with the Califomia Rules of Professional Conduct (the "!g[q") and the Califomia Business and Professions Code, Mayer Brown LLP may continue, or in ttre futurc undertake, to represent any existing or new client in any such matter, provided that such rcpresentation is not substantially related to this engagement. Agreement to Firm's Coruultation with Lawyers and Erperts. In additioq in the course of this engagemen! and in order fully to satisf our professional obligations, we may from time to time need to consult with the lawyers in this firm or outside lawyers or experts retained by the finn responsible for advising the firm on issues of professional ethics and responsibility, including issues that may implicate your interests. You acknowledge and agree that, notwithstanding the potential for conflict in our consideration ofour professional obligations, the firm is free to consult with such counsel or experts at its own expense on such matters consistent with the firm's obligations under the applicable rules of professional conduct. 4. Fees, Expenses and Other Choges. Fees. Our fees for professional services in connection with this engagement will generally reflect, and be determined primarily on the basis of, the hours worked by Mayer Brown attrorneys and paralegals and the hourly rates in effect at the time the services are rendered shall not exceed $550 per hour. However, if the cost of living index ('CPI") increases 15% as measured from February 15,2012, thc rate will be increased by that level (157o), upon notice to The City. No firther increases will sought during the duration of the engagement. John Van de Kamp who will be the primary Mayer Brown attorney working on this matter has a billing rate of $550 per hour. Partners and associates will be used as needed and are charged at rates ranging from $300-$525 perhour. Paralegals arc charged at the rate of no more than $200 per hour. The minimum billing unit for this representation is .25 of an hour. The amormt of our fee takes into ac€ount all relevant circumstances and factors as set forth in the Rules as it applies to us as attomeys, including the Mture of the services performed, the amount of time spe[t, the experience and ability of the lawyers and paralegals working on this engagemen! the novelty and complexity of the specific issues involved, the time limitations imposed by you or the circumstances and the responsibilities undertaken by us. Experces and Other Charges. During the course of the engagement, the City of Vernon will also be responsible for all expenses and service charges relating to our engagement, whether billed directly by us or by individuals or entities raained by us. Mayer Brown's expenses and AMECI,JRRENT 70203502E, I (r3 Mayer Brown LLP Ath: City Administrator May 18,2012 Page 5 other charges are listed in Attachment A. Unless special arrangements are made, the fees, expenses and charges of others (such as experts, investigators, local cnunsel, consultants and document service providers who are expected to be primarily from the L.A. area) and other large disbursements will not be paid by us, but will be the sole responsibility of and billed direc-tly to, City of Vernon. These bills will be reviewed and approved by the Monitor. Any expenses for travel outside of Los Angeles County or travel expenses in excess of $ I 50 must be approved in advance by the City of Vemon. Billing and Pqment. ln the normal course, you will receive on a monthly basis a confidential statrement of professional services rendered and expenses and service charges inormed during the precedhg month. Mayer Brown will bilt City of Vemon directly. We expect that our staternents will be paid promptly upon receip by the City of Vernon, and in any event within 30 days after the invoice date. If you have any questions or comments conceming our services or charges during the course of our representation, please bring them to my attention so that aay problems can be quickly rcsolved. 5. Indemnification. City of Vemon agr€es to indemnifr the Monitor and the Firm from and agsinst any and all losses, claims, damages arid liabilities, joint or several, to which the Monitor and the Firm may become subject under any applicable Federal or state law, or otherwise, and related to or arising out of the engagement of the Monitor and the Firm pursuant to, and the performance by the Monitor and the Firm of the services contemplated by, this A$eement and will reimburse the Monitor and the Firm for all reasonable expenses (including coursel fees and expenses) as they are incurred in connection with the inveSigation of preparation for or defense ofany pending or threatened claim or any actiotr or proceeding arising thereAom, whether or not the Monitor and/or the Fimr is party and whether or not such clafun, action or proceeding is initiated or brought by or on behalf of City of Vernon. City of Venron also agrees that the Monitor and the Firm shall have no liability (whether direct or indirecg in contiact or tort or othenvise) to the City of Vernon or its security holders or crcditors relared to or arising out ofthe engagement of the Monitor and the Firm pursuant to, or the performance by the Monitor and the Firm of the services contemplatod by, this Agreement except to the extent that any loss, claim, damage or liability is found in a final judgment by a court to hale resulted from the Monitor's bad faith or gross negligence. City of Vemon agrees that, without the Monitor's and the Firm's prior witten conselrt, it will not setde, compromise or consent to the entry of any judgment in any pending or threatened claim, action or proceeding in respect of which indemnification could be sought under the indemnification provision in this letter agreement (whether or not the Monitor and/or the Firm are an achral or potential party to such claim, action or proceeding), unless such settlement, compromise or consent includes an unconditioral release of the Monitor and the Firm from all liability adsing out ofsuch claim, action or proceeding. ln the event that the Monitor is requested to appear as a witness in any action b'rought by or on behalf of or against City of Vemon or any City of Vernon affrliate in which tlre Monitor ii AMECURRENT ?@035028. I 063 Mayer Brown LLe Attr: City Adminishator May 18,2012 Page 6 not named as a defendant, including by zubpoena duces tecum City of Vernon agrees to reimburse the Monitor and the Firm for all reasonable expenses incurred by him in connection with the Monitor's appearing and preparing to appear as such a witness, including, without Iimitation, the fees and disbursements of his outside legal counsel, and to compensate the Monitor and the Firm at the hourly rate the Monitor is compensated pursuant to this Ageement City of Vemon's obligations under this section, "Indemnification", will survive any termination of this Agreement. For avoidance of doubt, the obligations set for this section apply to John Van de Kamp, the Firm, and any partner, employee or other person working for and wiih Mayer Brown in connection with this engagement. 6. Term of Engagement. The City of Vernon has the right to termhate our engagement at any time for cause or upon the death or incapacitation of Jobn Van de Kamp, upon written notice, and all outstanding charges will become due at that time. We reserve the right to withdraw from the engagement at any time consistent with the nrles of professional conduct. We may also suspe,nd or terminate work on behalf of a client that does not pay our stat€ments within 90 days after tley are rendered. Our right to withdraw as Monitor shall, of course, be consistent with the applicable provisions of the Rules. Upon the termination of this engagement, we will either make arralgernonts 3o rcturn to yot1 or by your direction to the Veruon City Attomen all copies or originals of documents or materials belonging to you or othenrise constituting your records, store them at the City of Vernon's expense or dispose of them. You agee that we may keep copies of such files if we so choose. You also agree that our own internal files (including but not limited to firm adminishative records, time and expense reports, personnel and staffing materials, accounting rrcords and related documents) and atlomey work product (including without limitation drafts, notes, legal memoranda, and other legal and factual research reflecting our opinions and mental impressions) pertaining to this matter are our property and will not be delivered to you at the conclusion or upon the termination of our engagement, except that the City of Vemon shall be eintitled to any final research memoranda, and also to any documents supplied by third parties. Goveming Inw. Ow engagement shall be govemed by, and construed in accordance wittu ttre laws of the State of Californi4 exclusive of the law of conflicts of laws. If a dispute develops about our fees, the City .of Vemon may be entitled undet Section 6,00, et seq., of the Califomia Business and Professions Code to arbitation of that dispute. All actions or proceedings arising out of or relating to this engagement (other than those to which Section 6200 er seg. applies) shall be heard and detErmined in Califomia state or federal court sitting in the County of Los Angeles, to whose jurisdiction all parties to this engagement letGr irrevocably and exclusively submit In connection with any such proceeding, you and the City of Vemon irevocably waive to the firllest ext€nt permitted by laq any defense of forum non conveniens. You also irrevocably agree that service of process may be made on the City of Vemon by service of a copy of the swnmor$ and complaint by certified mail to Vemon's City AMECURRENT 702035028. l 063 Mayer Brown ue Athr: City Adminishator May 18,2012 PageT Attomey by certified mail to the Office of City Attorney, 4305 Santa Fe Avenue, Vemon, CA 90058. Nothing herein shall limit the right of the parties to stipulate and agree to submit any dispute to binding arbiEation in lieu of litigation. The terms of this engagement can be modified only by written agreement of all the parties hereto. If the foregoing correctly reflects the terms and conditions of our engagement please indicate your accepta.ocE by executing the enclosed copy of this letter in the space provided below and retum it to our office. The effective date of our engagement will be the date on which our service commenced. We are delighted that we will have the opporhmity to work with you on this matter. If you have any questions about the terms of our engagem€,nt, please do not hesitate to give me a call. We are very much looking forward to working with you and your colleagues. If you bave any qucstions, please call me. Otherwise please sign and retum the enclosed copy of this letter. Very truly yours, MAYERBROWNLLP Willian Davis Its: uaYor Pro-Tep By: oa", 0 /Vy'a Enclosurescc: Iohn lvlathews .r11\ .I=.{ L\ John IC Van de Kanp AMECT RRENT 702035@8.1 063 Mayer Brown LLP U. S. Officcs Schedule ofNon-fee Charqes to Clients July, 2011 I. Lonq Distance Telephone. We purchase our long-distance telephone service from telecornrnunicalions providers at discounted rates. We charge clients at rates calculated to recover our cost. II. Automated Res€arcll We purchase services from Lexis and Westlaw at fixed monthly rates which are substantially below their published rates. We charge clients for the Lexis and Westlaw connections at rates calculated to recover our cost. m. Telefax Service. We charge clients $1.00 per page, plus appHcable long disgnce telephone charges regardless of length at our discounted rates. There is no charge for incoming telefaxes. fV. DocumentReproduction. Wc charge clients.for standard-size intemal black and white copies at the rate of$.15 per page' We charge clients for standard-size internal color document reproduction (if specifically requested by clients) at the rate of $l.00 per page. We crmently reproduce documents using photocopiers, laser printers, and digital copiers, and may in the future use other means of reproduction. Outside copying is charged at actual out-of-pocket cost. v. Seiretarial. Word hocessing and Proofreadinq Services' We accrue for client accounts document preparation charges at the rate of$100 per hour for word processors and secretaries generally when documents (originals or anrendments) of over l0 pages are prcpared or for secretarial overtimc. Proofreading services accrue at th€ rate of $ 120 per hour. AMECURRENT 702035mt. r 063 -1- V[ Mayer Brown Provided Electonic Discoverv Services. To the extent that the Client elects to host electronic discovery infornration on the Firm's Eleotonic Discovery Senrices ("EDS") servers, we charge a monthly comprehensive services fee for hosting and supporting that data. We calculate this charge for each month based on the dala volume residing on the EDS servers at the end of such month al a rare of $65 per ggabyte ('GB'), which covers EDS department expenses relating to that internally supported data' including any hosting expenses, processing, handling, and response to case team or Client needs. VII. Postage. We cbarge clients at cost for postage when the cost of mailing is $1.00 or more. Vru. Out+f-pocketDisbursements. The following types of disbursements when related to a client matter are charged at the firm's cost: Advances on behalf of clients (e.g. , tax payments, filing fees, tifle charges) Consultants' and expert witnesses' fees and expenses Courier and messenger services court reporters Equipment when purchased solely for a client matGr MeaIs Outside servioes (including cost of litigation support services purchased from outside vendors) Service ofprocess Records searches Supplies (when amounts are large or type of supply item is special) Tax rctum prccessing charges Taxis, mileage, parking (local) Travel (airfares, hotels, meals, car rentals, fees oftravel agencies and plofessionals, taxis and incidentals)* Trial exhibits Witness fees atrd costs Other items not covered above that are directly attributable to a client matt€r AMECUR-RINT 79r03502E.t 063 *When our independent travel agency of record is used to book airfare there is a fee charged of not more than $3 2 per reservation to reduce the cost of the Travel Deparfinent. Ix. Items Not Charged to Clients. Administrative overhead Air conditioning and electicity for overtime work Client entertainment Local and suburban telephone calls Rent for conference rooms AMECURRENT 702035m8.1 063 -3- D(HIBMA MAYERBROWN LLP STAI\DARD TERMS OF ENGAGEMENT Governins Terms. This Standard Terms of Etrgagernent sets forth our standard tenns of engagement as your lawyers. Unless modified in writing by mutual written agreement, these terms are an integral part of your engagement of our Firm (as hereinafter defined). Our employment on yotu behalf is limited to those specific matters which we agree to undertake. Mayer Brown is a global legal senrices organization comprising legal practices which are separate entities ("M4yer Brown_Pgptig9c'). The Mayer Brown Practices are: Mayer Brown LLP, a limited liability partnership established in the United States (the "Firm'); Mayer Brown lnternational LLP, a limihd liability partrership incorporated in England and Wales (the "EgS[sh EL!q'); Mayer Brown Europe-Brussels LLP, a limited liability parErership established in the United States (the "Brussels Fimr'); Mayer Brown, a SELAS established in France (the "French SLLS"); Mayer Brown JSlvl, a Hong Kong partnership, and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian partnership with which Mayer Brown is associated. These terms govem the relationship between the Firm and the "e!94t", as defined in the letter to which these terms are attached C Cover l-etter'). The Cover Letter and these Standard Terms of Engagemen! logether with dl undertaking letters, constitute the entire understanding behreen the Firm and the Client and supersede all prior understandings, ufitten or oral, relating to our engagemenL Any change must be made or confirmed in writing by the Firrn and the Client. The Client agrees that in connection with any undertaking the Firrn may, where appropriate, as agent on the Client's behalf, engage another Mayer Brown Practice to work alongside the Finn on a matter upon its standard tems of engagemen! a copy of which will be supplied to the Client upon request. The Client will not, however, be a client of another Mayer Brown 11xp1i64 rrnless the Firm has engaged it as described above or the Client has entered into an agreed engagement directly with it. Unless the Firm has otherwise specifically agreed with the Client, rhe Client agrees that the Firm may disclose that it repres€rlts the Client including in materials which the Firm uses to describe is practices and expertise. Rees.l. The Client agrees to pay the fees and other charges billed by the Firm, and, where appropriate, the other Mayer Brown Practices. The Firm's fees for services generally are based on time (in quarter hour increments, except if our fees require bankruptcy court approval they may have to be recorded to the nearest tenth of an hour) spent on specific projects, computed at our hourly rates for those persons performing the services. Hourly rates are all subject to adjustment by the Firm from time to time. If contract, or independent conEactor, lawyers or paralegals are assigned to work on any matter which the Firm undertakes on behalf of the Client, whether or not tiey are employed through an independent agency, the Fhm will charge the Client hourly rates based upon its then from time to time hourly rates for Finn lawyers and paralegals with similar AMECURRENT 70203502E, I 063 qualifications and experience. After consultation, we also may take into account additional factors in performing our services in connection with any matter, such as unusual time limitations, particularly favorable results obtaine4 the unusual level of skill required, the efficiency with which the services were performed and other relevaat considerations. Other charges for which we will bill are described on the enclosed current schedule of charges, which is subject to adjustment from time to time. Any estimate of the fees and other charges that may bc incurred in connection with the services we will provide on any matter is not a fixed or ma:rimum fee and does not consfitute a commitment by us to perform the described services for that amount, or an obligation tro pay that amount. We anticipate submitting a monthly invoice for the professional services (including lawyers and paralegals) rendered and other charges and expenses incurred in connection with each matter we are handling. Payment is due upon receipt of our statement and in no event later than 30 days thereaier. We reserve the right to charge interest on amounts overdtrc at 2%o over the prime rate ir effect from time to time as published in The Wall Street Journal. The Client rlray nt arry time request details regarding any matter, specifuing the individuals involve4 their positions, the hours and work performed and an itemization of other charges. If we agree in u/riting to look first to the Client's clstomer or insurer to pay our fees and charges, the Client nonetheless guarantees such payment will be made within 30 days. Fees and other charyes incuned in connection with our representation are not contingent upon the successful completion of any project. Without limiting any other provision of this Section l, the Client agrees to compensate the Firm at its hourly rates (which, as described above, arc zubject to adjustment from time to time) for activities incidental to representing the Client, whether during or after the termination of the attomey-client relationship, including, without limitarion, in cormection with responding to subpoenas, searching for and pnrducing documents and preparing for testimony and testiffing, and otherwise preparing for, and responding to, the Client's requests or third party claims or actions relating to a matter the Fimr is handling, or has handled, for the Client. The Client also agees to pay, or reimburse the Firm for the payment of, all reasonable expenses and other charges in connection with such incidental activities, including, without limitation, the fees of outside counsel retained by the Firm. 2. I,{ew York Ofiice: Houston Oflice. In the event the Client has a fee dispute with us in an amount that is between $1,000 and $50,000, it may have the right to seek resolution of that dispute in an arbitration under Part 137 of the Rules of th'e Chief Adminishator, New York State OfEce of Court Adminisrration. For firther information about the fee dispute arbitration procedures, please refer to the text of Part I 37, available on the intemet at www.courts.state.ny.us/admip/feedispute. NOTICE TO CLIENTS: The State Bar of Texas requires us to infom you that it prosecutes professional misconduct committed by Texas attomeys, Although not every complainiagainst or dispute with a lawyer involves professional miscond.uc! the State Bar's OfEce of Chief Disciplinary Counsel will provide you with information atrout how to file a complaint. Please call 1-800-932-1900 toll-fre€ for more information. AMECITRXENT ?0203s028. I (r3 ExhibitA-Page2 3. Confrdentiditv. Wc will keep confidential any information identified by the Clieat as being confidential and which the Client provides to us, except as required or authorized by law or as necessary in our judgment to perform the serrrices we have been engaged to perform. The Client agees that we may disclosc confidential information to other Mayer Brown Practices. The other Mayer Brown Practices have agreed to keep such information mnfidential, subject, however, to the requirements of law and regulations, the professional rules governing their conduct and their respective standard temls of engagement. 4. Conflicts. The Client agrees that the Firm may rrpresent other persons or entities in matters not substantially related to rnatt€rs vye are handling for the Client, eve,n though those persons or entities are, or have interests that are, adverse (whether in transactions, bankruptcy, litigation, arbitration or other adverse proceedings or otherwise) to the Client or its interests. We agree, however, that the Client's consent to adverse representation shall not apply in any instance where, as a result of our re,presentation of the Client, we have obtained sensitive, proprietary or other confidential infonnation of a non-public nature that, if known to any such other client of ours, could be used in a matter in which we arc rctained by our other client to the Client's material disadvantage unless we have screened our lawyers and paralegals who have such information from any involvement in the adverse representation. 5. Alliliates. For the purpose of detennining whether a conflict of interest exists, it is only the Client which we will represent and not its stockholders, subsidiaries or related entitics ("A[[atqs"). The Client agrees not to give us confidential information r€garding its affiliates. While we rccogDize that to act adversely to any affiliate could jeopardize a long-term relationship with the Clicnt, which we would naturally be reluctant to do, for conflict of inter€st puposes we r€serye the right to represent another client with intetests adverse to any affiliate without obtaining any consent from the Client or its affiliates. 6. FinancialTransactions. Our engagement for any financing transactions for a financial institution will consist solely of assisting it with the lcgal aspects of negotiating, documenting and closing of financings, and if specifically requested, conducting a legal review (the scope of which will be defined at the commencement of each talsaction) of certain due diligence matters pertaining to each prospective financ€d party. We will aszume, without independent verificatiorq that each party exists and is in good standing, that the financing transaction is within the respective parties' powers and authority, is duly authorized by each of the respective parties and does not violate their rcspective constituent documents or any of their respective agreements, that all signatures and documents are genuine and that all persons executing documents have the legal capacity to contract. We also will assume, without independent verifcatioq that each financed party is in compliance with applicable laws and regulations and the financing contracts are enforceable against each frnanced party iD accordance with their respective terms. Unless otherwise AME.TJRRENT 702)3102r.1 063 Exhibit A - Page 3 specified, in reliance upon the related warranties of the financed parties and the assumptions set out above, we will satis$ ouselves that the financing contnrcts are, under the relevant state law, valid, subject to customary qualifications for banlcruptcy and general principles of equity (including concepts such as good faith and fair dealing and commercial reasonableness) and also subject to the qualification that certain rights set forth in such contacts may not be specifically enforceable but that zuch rights as are enforceable are sufficien! taken as a whole, for the practical realization of the essential legal benefits intended by such contracts. ln connection with the reprcsentation of any financial institution, as we are not counsel with rcspect to general corporate compliance mattsrs, we will not undertake any reqponsibility for assuring that, with respect to financing transactions, the Client will be compllng with applicable state, local or federal laws and regulations because of its legal or regulatory status or because of the general nature of its business, including, without limitation, any prudential considerations, ' capital adequacy requirements, lending limits, restrictions on affiliate and insider transactions, loan-to-value limitations, tying of products or services, appraisal requirements, rules regarding interlocking boards of directors, govemmental reporting and licensing requirements, and federal, state or local tax matters. Whaher or not our client is a financial institution, unless we otherwise agree in witing, we do not: (a) make or cauie to be made searches of filing or recording systemst (b) ensure that the initial filings or recordings of security documents are made; (c) undertake responsibility for advising the Client upon or ensuring compliance with periodic refiling or re-recording requircments; (d) opiae as to matters relating to the existence of or tifle to any collateral or the priority of aay lieus or security interests. 7. Associations. In cases where the Client is a trade association or the like, the sole Client is such association and not any of its individual members or any other persons or entities whose interests are represented by those members. E, Joint Renresentation. If representing the Client consists of our rcpresentation of multiple parties, therc may be issues where there are conflicting or potentially conflicting interests. If there is a disagreement on any issue, the Firm asks that differences be resolved without our assistance. If those differences cannot be resolved, we will not r€,pres€nt any pafty as to that issue. If the differences are serious enough, we may determine that it is appropriate for us to withdraw from the matter completely. Each party in a joint representation is separafeln jointly and severally rcsponsible for the full payment of our bills even though the parties may have agreed among themselves to bear only a prcportionate share. In the case of any joint representation, the parties have.agreed therc will be no confidences arnong them rcgarding the work we do for them or any confidentiality among them with respect to ssmlnrroisalions or infonnation received fiom any of the parties. If we receive hformation from or about one party that we believe others should have in order to make decisions regarding the subject of our representation, we strall give them that inforrnation; and the attomey-client privilege may not be available with respect to communications to or from any of the parties and our Firm. In cases whete the Client is a joint venture, we will only represent AMECTJRRENT 70203502A. 1 063 ExhibitA-Page4 thatjoint venture and we do not represent the venh[€rs. Such representation does not constitute a "joint representation". 9. Tennination. Upon the Client's request received at the terrnination of the attomey-client relationship, its papers and physical property C elent Fropc4') will be rctumed to the Client. We reserve the right to desroy or otherwise dispose of any Client Property in our possession after 90 days after the termination of the attomey-client relationship. The Firm files, including attomey work product, pertaining to the Clienq will be retained, stored or destroyed by us in accordance with our then effective policies and procedures. Either the Client or the Firm may terminate the attorney-client relationship at any time for any reason by witten notice, subject on our part to the applicable rules of professional conduct. Unless otherwise terminated, our attomey-client relationship will be considered terminated at the earlier ofour completion of the specific services for whioh we have been retained and 12 months after the last date the Fimr firmished any billable services. If the attorney-client relationship has been, or is deemed to have been, terminated pursuant to either of the foregoing sentences, the fact that the Firm or one or more persons associated with the Firm may be identified as a recipient of (and, in fact, may receive) notice on behalf of the Client shall not negat€ such termination nor constitute the continuation or revival, or evidence the continuation or revival, of the attomey-client relationship. The Firm may maintain a system to calendar due dates for the payment of maintenance and/or annuity fees relating to, or the renewal dates for the preservation ofcertain legal rights attaching to, intellectual property. ln connection therewith it may notiff the person or entity listed in the Firm's records as the holder of such rights of the necessity ofpaying maintenance and/or annuity fees or obtaining a renewal in order to preserve such rights; and neither the maintenance ofsuch system nor any such notification shall constiturc the provision of billable services for the purposes of daemrining whether there is an atlorney-client relationship. Termination will not affect the Client's responsibility for paym.ent of outstanding staGments ard accrued ircms incurred before termination or incurred thereafrer in conuection with an orderly transition of matGm. If we are retained and agree to perfonn firther or additional sewices, our attomey-client relationship will be revived, subject to these and any other supplemental terms of engagement. The fact that we may inform the Client from time to time of developments in the law which may be of interest, by newsletter or otherwise, should not be understood as a revival of an attomey-client relationship. Moreover, we have no obligation to inform the Client of such developments in the larv unless we are engaged in writing to do so. 10. Tax Reoortine. The Internal Revenue Code, Treasury Regulations and published guidance provide rules which require taxpayers engaging in certain types of transactions to disclose their participation in the transactions to the Intemal Revenue Service. If we determine that a transaction that is a subject of our engagement is or may be covered by these rcgulations, we will adirise the Client with resp€ct to any reporting obligations it may have, including with respect to comparable state trx rules of which we are aware. AMECURRENI 70203502t. I 063 ExhibitA-Page5 Furthermore, such nrles may require us to report to the lnternal Revenue Service various aspects of transactions with respect to which we act as the Client's tax advisor. If we determine that a tansaction tlat is a subject of our engagement may require such reporting, we will file the appropriate forms with the Intemal Revenue Service, and applicable state department of revenue, and inform the Client that we will so file. Such rules may also require us to maintain investor lists with respect to certain tlpes of transactions. These lists must contain specified information about the parties involved and tle federal tax and finanoial aspects of a covered transaction, including infomntion that may otherwise be protected from disclostre under state confidentiality ru.les or the attomey-clicnt privilege. The rules also require us to make the investor lists available to the Intemal Revenue Service if it so requests. If we determine that an investor list must be maintained with respect to a transaction that is a subject of our engagement, we will do so, and we will request from the Client any information required to be included in the list. If, however, the IRS requests that we make such an investor list available, we will do so only aft€r endeavoring to provide the Client with an opportrmity to assert any reasonable claim of attomey-client privilege with respect to the information contained in the list. In the case of comparable applicable state tax rules of which we are aware, we will act in a similar manner. ll. Standards of Professional Conduct Pursuant to Part 205 in Title 17 of the Code of Federal Regulations C Sgdelds-sf PrqfesstoDal Conduct'), if any afiomey of the Firm represents the Client in appearing and practicing before the Securities and Exchange Commission (the "SEC), the Firm may have obligations imposed on it as further described in the Standards of Professional Conduct. These obligations currently are limited to up-the-ladder reporting within the Client, although some form of reporting to the SEC may be adopted. The Client acknowledges that one or more of our attomeys may cunently rcprcsent, or in the future may repres€nl, the Client in appearing and practicing before the SEC and understands, therefore, that we thereby become subject to the obligations imposed on us by the Standards of Professional Conduct. 12. Insurance Coveraee end Notification of Insurrers. Unless the Firm specifically agrees in writing to tle contary, the Firm will not be responsible for: (a) reviewing the Client's insurance policies, whether providing primary or excess coverage, to determine if there may be coverage for any claim made against the Client or for fees and costs that the Client incurs in any matter; or (b) notiffing the Client's insurers or re-insurers about any matter, 13. No Waiver of thc Firm's PrMlese. The Firm r€presents many clients and handles a great nrunber of complex matters. As a result thereof, from time to time issues may arise that raise questions under attomeys' professional conduct rules, including possible disputes with a client and conflicts of interest issues. When such issues arise, we generally seek the advice of 6s Qlaims Counsel, Professional Responsibility Partner or General Counsel. We consider such consultations to be protected from disclosure under the attorney-client privilege. While some courts have limited this privilege AMECTJRRENT 7MM5O28.I OC} ExhibitA-Page6 under certain circumstances, we believe thar it is in both our clients' and the Firm's interest that we receive expert qnalysis of our obligations. Accordingly, as part of our agreement concerning our r€prcsentation, the Client agr€es that if the Firm determines, in its own discretion, it is either nec€ssary or appropriate to consult with its counsel (either the Firm's Claims Counsel, Professional Responsibility Parher or General Cormsel or, if it chooses, outside cousel), the Firm has the Client's consent to do so and the Client fiirther agrees that the Firm's on-going representation of the Client shall not rcsult in a waivet of any attomey-client privilege that the Firrn may have to protect the confidentiality of the Firm's communications with such counsel. 14. Third Party Exoense. In connection with the legal services we provide, it may become necessary for the Firm to obtain assistance and/or services from vendors, local counsel, experts and/or other third parties ("Third Party Servicers"). When possible, the Client agrqes to contract dfuectly with any such Third Party Servicer. ln the event that the Finn engages a Third Party Servicer on behalf, or for the benefit, of the Client or joinfly with the Client, the Client agrees that (a) the Firm and/or Client will instruct the Third Party Servicer to look solely to the Client and not the Firm for any payments owing to said Thfud Party Servicer or (b) the Client will provide currently available ftsds to the Firm in the amount of any approved outstanding Third Party Servicer invoice prior to the time that payment of such invoice to the Third ParE Servicer is due. Notw'ithstanding the above, if the Firm does advance or pay any Third Party Servicet expense on behalf, or for the benefit, of the Client the Client agrees to reimburse the Firm promptly for any such exp€nse. The agreements in this Section 14 sball survive the termination of the attomey-client relationship. 15. Special Enslish Firm Provisions. If the Firm, as agent on the Client's behalf, engages the English Firm to work alongside the Firm on a matter, such engagement shall be on the English Firm's standad terms of engagement (which the English Firm refers to as "OuI Business Relationship'), a copy of which will be provided upon request. Additionally, the following is called to the Client's attention: The English Firm is an English limited liability parmership C'ESqlishU.P'). An English LLP has 'hembers" and not 'f1mrtrers". However, the English Firm's members have decided they prefer to retain the title of '!artnef'. Accordingly, the English Firm will continue to refer to its members as partners in is dealings with the Client. As ths F.nglisfu Firm is a limited liability partnership, there is no contract between the Client and any individual employee, consultant or partner of the English Firm. Any advice given to the Client by an employee, consu.llant or partner is given by that person on behalf of the English Firm and that person will not assume any personal liability to the Client for that advice. ffis will nol of course, limit or exclude the liability of the English Firm for rhe acts or omissions of its employees, consultants or partners. If you have any complaints or concenls about the English Firm's work, please raise these, in the first instance, with a partrer at the English Fimr who will investigate your complaint promptly and carefully insure that the matter is handled in accordance with the English Firm's Complaints Handling Protocol, a copy of which will be provided to the Client upon request. Like many other law firms, the English Firm is not authorized under the Financial Services and Markets Act 2000 C'FSMA') of the UK. This occurs because, as the English Firm is a AMECURRENT 702035@t.l 063 ExhibitA-Page7 profeSsional services firm which is regulated and supervised by a designated professional body (r'.e., the UK Law Society) and which does not conduct mainstream regulated acfivities, it benefits from a specific exemption under FSMA which pennits it to carry on regulated activities which are reasonably regarded as a necessary part of its legal services. The English Firm's role is to act as the Client's legal advisor in relation to the matters for which it has been engaged and it is not part of is frrnction to give financial or busioess advice on the merits of entering into any particular transaction or to act as a broker or arranger of transactions. In providing its services, the English Fimr will assume that the Client's decision to negotiate and enter into aoy transaction has been or will be made solely upon the basis of the Client's own evaluation. It is not part of the English Firm's role to communicate to the Client or on its behalf invitations or inducements to engage in investment activities. No communication from the English Firm, whether urritten or oral and in whatever fonn it is received, is intended or should be constued as such an invitation or inducement. Under UK anti money laundering legislation, the English Firm, in common with all UK lawyers and accountants and many financial instiartions and other professional firms, is required to put in placc procedures to prevent money laundering and, in certain circumstances, where the English Fitm knows or susp€cts or has rcasonable grounds for suspecting that a matter or tansaction involves money laundering it is obliged to make a notification of its knowledge or suspicions to regulatory authorities. The anti money larmdering legislation also requires the English Fim to identifr its clients, and in some cases dreir beneficial owners, to conduct other background checks and to retain records ofthe identification obtained. In some circumstances, it also may be necessary for the English Firm to make inquiries as to the source of funds which are being usedin rclation to a matter on which it advises. These requirements are known as "CDD requirements". The English Firm tries to meet these CDD requirernents using information from public source s. However, it may be necessary to provide (and permit the reention of) inforrration and documents to the Firm to pass onto the English Firm, including, in the case of individuals, evidence of identity (such as a passport) and of home address (e.g., a utility bill). In some cases, even where the Client is a corporation or other legal entity, the English Firm may be required to obtain evidence of identity of directors or other principals. The English Firm is not able to commence work and may decline to act if the CDD requirements have not been made to its satisfaction. R 03/12 AMECURRENT 702I}35028.I 053 ExhibitA-Page 8 RECtri\/ED DEC 2 I 2015 CITY CLERti'S OFFICE RECEIVED DEC r 7 2015 CITY ADMINISTRATIO N Y+STAFF REPORT PUBLTC WORr(S, WATERAND DEVELOPMENT SERVICES A-6 DATE: TO: FROM: January 5, 2016 Honorable Mayor and City Council -:,,.2 Samuel Kevin Wilson, Director of Public Works, Water and Development Services 5<- Originator: Scott B. Rigg, Public Works and Water Superintendent Bid Award for Urban Forest Management Services, Contract No' CS- 0607 RE Recommendation It is recommended that the City Council: A. Find that entering into the proposed contract for Urban Forest Management 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) Section 15301, because the proposed service involves an existing project with negligible or no expansion ofuse; and B. Accept the bid from Trimming Land Company, Inc., as the lowest responsive and responsible bidder and enter into tle attached contract, in an amount not to exceed $233,755.00 For Urban Forest Management Services, Contract No. C5-0607. Background On September 8, 2015, the City Administrator authorized the advertisement of the Notice Inviting Sealed Competitive Bids For Urban Forest Management Services, CS-0607. The Notice Inviting Bids were posted on the City's website and published in the Vemon Sun newspaper. In addition, the Notice Inviting Bids were advertised in the following construction related websites: Bid America, Planroom Bidboard, McGraw-Hill Construction Dodge, and Reid Construction. On November 17,2015, a pre-bid meeting was held to review the project specifications in detail. The bids for Contract No. CS-0607, Urban Forest Management Services were received and opened on December 3,2015. The calculated result are listed below: l. Trimming Land Company 2. West Coast Arborists, Inc. s233,755.00 s258,973.00 It should be noted that a single bid for this contract was received on October 8,2015 and ultimately rejected. Staff determined that it would be in the City's best interest to rebid the contract in order to seek a more competitive selection process. The City Attomey's office has approved the contract to form. It is recommended that a contract be awarded to Trimming Land Company, Inc., in a not to exceed amount of$233,755.00 for a three year contract term. Fiscal Imoact The total project cost will be $233,755.00 for the duration of the three year contract term. Funds have been allocated in the 2015-2016 hscal year budget. Attrchments 1. Construction Contract-CS-0607 STANDARD FORM OF CONSTRUCIION CONTRACT BETWEEN CIW AND TRIMMING LAND COMPANY, INC. This Agreement is made and entered into at Vernon, Calilomia this 5th day of January, 2016, by and between the CITY OF VEHNON, a chartered municipal corporation (hereinafter "City") and TRIMMING LAND COMPANY, lNC., a Califomia corporation (hereinafter "Contracto/'), for URBAN F0REST MANAGEMENT SERVICES. THE PABTIES HERETO AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS The 'Contract Documents" except for modifications issued after execution of this Agreement, shall consist of the following documents which are either attached hereto as exhibits or are incorporated into this Agreement by this reference, with the same force and etlect 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 (Notice lnviting Bids), Exhibit C (Bidders Proposal), Exhibit D (Living Wage Provisions), and Exhibit E (Equal Employment Opportunity Practice Provisions); 2. SCOPEOFWORK Within the Contract Time and forthe stated Contract Sum, subject to adjustments thereto, and pursuant to the Contract Documents, the Contractor shall perlorm and provide all necessary: labor; services; supervision; materials; tools; equipment; apparatus; facilities; supplies; tools; pemrts, inspections, plan checks, and similar Govemmental Approvals;temporary utilities; utility connections;and transportation necessaryto complete the Work in strict contormity with the Contract Documents for: URBAN FOREST I\/IANAGEMENT SERVICES cs-0607 3. TIME FOR PERFORMANCE Contract Time. Contractor shall achieve Substantial Completion of the Work within three (3) years from the Date of Commencement in accordance with the Contract Documents. Contractor shall achieve Final Completion of the work, within the time established by the certilicate ot substantial completion issued by the city. The contract Time may only be adiusted as permitted by this Construction Contract and the General Conditions. Time is ol the essence ol this Agreement. Except when the Contract Documents state otherwise, time is of the essence in the perlormance of the Work. Contractor acknowledges that the time limits and deadlines set fo(h in the Contract Documents are reasonable lor Contractor to perlorm and complete the Work. Liquidated Damages. lt Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time for Substantial Completion, Contractor shall pay City as liquidated damaoes the amount of FIVE HUNDHED DOLLARS PER DAY ($500.00) per day for each calendar day occurnng after the expiration ol the Contract Time for Substantial Completion until Contractor achieves Substantial Completion of the entire Work, as required by Article 3 ol the General Conditions of Contract. Conlractor lnitial here: _. 4. CONTHACTSUM ln consideration olthe Contracto/s full, complete, timely, and faithful performance of the Work required by the Contract Documenrs, City shall pay Contractor the sum ol TWO HUNDRED THIRTY THREE THOUSAND SEVEN HUNDRED FIFTY FIVE DOLLARS AND zEHo CENTS. ($233'755.00)' pavable as set forth in the General Conditions (rcontract Sum'). lN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and year first above written. Executed at VERN0N, Cali{omia. [Contractor's Corporate Seal][Contractor]: By: CONTRACTOR'S SIGNATURE MUST BE NOTARIZED An Authorized Signatory Printed Name: Title: APPROVED AS TO FORII/: By: Name: Title: CITY OF VERNON: By: Name: ATTEST:By:- Name: 1.01 EXHIBIT A GENERAL CONDITIONS ARTICLE 1 - PRELIMINARY PROVISIONS DEFINMONS 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 of Work, which cannot be sufficiently delined so as to allow the Contractor to adequately determine fair value before the Bid Deadline. Allowances include estimated amounts established by the City for certain construction elements that have not yet been fully designed or authorized tor inclusion in the Work or to permit delerred approval or selection of actual materials and equipment to a later date when additional information is available lor 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 in the Bid Form forwhich the Bidder oflers to perform Work described in the Contract Documents as the base ContractWork (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 Notice lnviting Bids. E. Bid Alternate. An item of Work described in the Contract Documents as an Altemate Bid that will be added to or deducted from the Base Bid and the Conkacto/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) Biddeds 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 Flequirements Affidavit; and (12) lorms included in the Specification required by the t1pe of proiect funding (e.9. federal, ARRA, HUD, etc.). G. Bidder. The individual, partnership, firm, corporation, joint venture or other legal entity submitting a bid on these Conlract Documents or any part thereof. H. Bidding Docurner s. Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of: (1) Notice Inviting Bids; (2) Instructions to Bidders; and (3) Bid Forms. The proposed Contract Documents consist of: (1) the Bidding Flequirements; (2) the Construction Contract Between City and Contracto[ (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 ABTICLE 1 GC-1 J. L. K. Contract; (8) all Modifications issued after the execution of the Construction Contract; and (9) Governmental Approvals, if any, including but not limited to, permtts. 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, any, in the Contract Sum; and the extent ot the adjustment, if any, in the Contract Time. Change Order Request (COR). A Change Order Request is a wntten documenl originated by the Contractor, which describes an instruction issued by the City after the effective date of the Contract, which Contractor believes to be a scope change that may result in changes to the Contract Sum or Contract Tlme or, which describes the need for or desirability ol a change in the Work proposed by Contractor. City or Owner. The City of Vemon, Califomia, ac{ing through its City Council or other City oflicials authonzed to act for the City, acting in its proprietary rather than regulatory capacity in connection with the Project. Construction Change Dircctive. A written 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 Tlme, or both. Contract D,ocuments. The Contract Documents are enumerated in the Construction Contract between City and Contractor and consist of: (1) the Bidding Requirements; (2) the C,onstruction Contract; (3) the Conditions of the Contract (General, Supplementary, and Special, if applicable); (a) all Exhibits to the Contract; (5) the Drawings; (6) the Specifications; (7) all Addenda issued pnor to the execulion of the Contracl; (8) all i/odifications issued after the execution ol the Contract; and (9) Governmental Approvals, including, but not limited to, permrts. 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 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 consistent with the Contract Documents and reasonably inferable trom them as being necessary to produce the indicated results. Conlract. The Contract Documenls torm the Contract for Construction. The Contract Represents the entire and integrated agreement between the parties hereto and supersedes prior negotlations, representations, or agreements, either wnften or oral. The Contract may be amended or modified on by a Modification. The Conkact Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the owner and the Contractor. There shall be no third party beneficiaries of the Contract Documenls. Contract Sum. The total amount of compensation stated in the Construction Contract that is payable to Contractor tor the complete performance of the 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 per{ormance of the Work is measured in calendar days (not work days). 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 ARTICLE 1 GC-z o. P, o. I. M T. R. S U. such individual, partnership, firm, corporation, ioint venture or other legal entity in the execution of the Contract as general contractor for construclion of the Work. Conection Period. Conection Period is synonymous wrth the terms ol the conection guarantee period used in the Contract Documents. Date of Commencement. The date for commencement ol the Work tixed by City in a Notice to Proceed to Contractor. Day. The terms ta/ or 'days' mean calendar days unless otherwise specifically designated in the Contract Documents. The term '\A/ork Daf or "Working Da/ shall mean any calendar day except Saturdays, Sundays and City-recognized legal holidays. Director. The Directorofthe Community Service and Water Department olthe City of Vemon orhisher duly appointed representative. Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions ol 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 Contractor to incur additional and unloreseen costs. Field Directive. See, 'Vvork Directive.' Final Completion. Final Completion is the stage of performance of the Work when ('1)all Work required by the Contract Documents has been fully completed in compliance with the Confact Documents and all applicable laws including, but not limited to, correction or completion of all punch list items noted by City upon Substantial Completion; (2) Contractor has delivered to City an Application for Final Payment and all closeout documentation required by the Contract Documents; and (3) documentation of all final Governmental Approvals has been submitted to City including, but not limited to a final Certificate of Occupancy or equivalent Building Department sign-off has been issued covering the entire Project site without exception or conditions. Force Maieure. "Force Majeure' includes but is not limited to declared or undeclared war, sabotage, insurrection, riot, or other acts of civil disobedience, labor disputes, fires, explosions, floods, earthquakes or other acls 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, filing, 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. Assurance to City by Contractor or product manufacturer or other specified party, as guarantor, that the specified warranty will be fulfilled by the guarantor in the event of default by the warrantor. X. z. AA. BB. ABT CLE 1 GC.3 DD.Modification. A [rodification is: (1) a written amendment to Contract signed by both parties; (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 City and Contractor may be referred to in the Contract Documents from time to time as the Parties. Permit Fees. The actual direct costs paid by Conkactor for Govemmental Approvals and Utility Fees. Permit Fees Reimbursenrent. A payment made to the Contraclor by the Crty in addition to the Contract Sum to compensate Contfttctor for the aclual direct cost ol all Permlt Fees. Project. The Prqect is the total construction of which the Work performed under the Contract Documents may be the whole ora part and which may include construction by the City orby separate contractors. Proiect Manual/Contract Package. The volumes of Contract Documents and reference documents assembled for the Work made available to Bidders. Record Documents. The Drawings, Specitications, 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 results, daily logs, schedules, subcontracts, and purchase orders. Records Documents shall include a set of'As-Builf Drawings and Specifications, which shall be continuously updated dunng the prosecution of the Work. The physical area designated in the Contract Documents for Contracto/s performance ol the Specifications. The Specilications are the volume(s) assembled for the Work that includes, without limitation, the Bidding Documents, the Constructton Contract and Exhibits, the General Conditions, Supplementary and/or Special Conditions, if any, the "GHEENBOOK' STANDARD SPECIFICATIONS FOR PUBLIC W0HKS CONSTHUCTION (2015 Edition), the Standard Plans for Public Works Construction (2009 Edition), State of Califomia, Department of Transportation Standard Plans and Standard Specifications (2010 Edition), and the City of Vernon Standard Plans. Specitications. The Specifications are that portion of the Contract Documenls consisting ol the wri$en requirements for matenals, equipment, systems, standards, and workmanship for the Work and performance of related services, including, but not limited to, the Project Technical Specifications, Standard Specifications, it any, and any applicable Trade Association Specifications. Substantial Completion. Substantial Completion is delined 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 lvork Directive.' Utility Fees. The fees charged by any public, pnvate, cooperative, municipal and/or government line, facility or system used lor the carnage, transmission and/or distnbution of cable television, electric FF. GG. HH. il. LL. Site. Work. r/M NN. oo. PP. o0. ABT CLE 1 GC-4 '1.02 power, telephone, water, gas, oil, petroleum, steam, chemicals, sewage, storm water or similar commodity including, but not limited to tees tor temporary utilities and refuse hauling. RR. Wananty. Assurance to City by contractor, installer, supplier, manufacturer or other party responsible as warrantor, for the quantity, quality, performance and other representations of a product, system service of the Work. SS. Work The term "Work" means the construction and 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 Contractor to fulfill the Contracto/s obligations. The Work may constitute the whole or a part of the Proiect. TT. Work Directive. 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 adiustment, il any, in the Contract Sum, Contract Time, or both. REPRESENTATIVES A. The Director shall be the representative of the City and, except as otheMise expressly provided herein, shall make all decisions and interpretations to be made by the City under the provisions of the C,ontract Documents. B. 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 Direc'tor to the Contracto/s agent on the Work shall be considered as having been given to the Contraclor. PERMTS. INSPECNONS, PLAN CHECKS. AND SIMILAR GOVERNMEITITAL APPROVALS AND UTILMES A. Except as otherwise provided in the Notice Inviting Bids, the Contractor shall apply for, obtain, and pay for all permits including, but not limited to, building or structure permits, plumbing system permits, mechanical system permits, electncal system permits, structural system permits, demolition permits, excavalion permits, street use permits, driveway permits, sidewalk, curb, sewer, gutler, crosswalk, paving or other street work grading permits, streeuutility use permits, OSHA permits, fire sprinkler permits, fence permits, blasting permits, landscapinglrrigation permits, and permits to demolish, remove, or make malor alterations to any designated hisloric resource; inspections; and plan checks obtained after the Date of Commencement of the Work. The Notice lnviting Bids contains a list of permits and other Govemmental Approvals and Utility Fees obtained and paid for by the City prior to the Date of Commencement; Contractor is responsible for obtaining all Govemmental Approvals and Utility Fees not listed in the Notice Inviting Bids. B. All documents evidencing Contractods satisfaction with all Govemmental Approvals and Utility Fees must be submitted to the City pnor to submission of the Application for Final Payment. C. Where requirements of the Govemmental Approvals differ from those of the Drawings and Specifications, the more stringent requirements shall apply. D. Unless otherwise specified in the Contract Documents, Contractor shall be responsible for payments of all Utility Fees trom the Date of Commencement until City's Final Acceptance of the Work. ARTICLE 1 GC-5 1.03 1.04 1.05 1.06 LICENSES The Contractor shall apply lor, obtain, and pay for all licenses required by goveming authonties for the Work. Contractor shall apply and pay lor a Ctty of Vemon business license. ALLOWANCES A. 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 definition of Allowance. B. The line item cost estimate established bythe City for Work covered by an Allowance includesthe cost to Contractor ol: all matenals and equipment, preparation of submittals; labor; transportation; delivery; handling; installation; supervision; overiread; profit; licenses; bonds; insurance;all sales, use and other taxes legally chargeable; and all other costs and expenses incidentalto such Work. C. Work items covered by Allowances shali be supplied with such materials and equipment and for such prices approved in advance by City. Contractor shall notify and request Ctty's approval of material equipment, and pricing information for Work covered by an Allowance before ordering the material or equipment and in sulficient time to avoid delay to the Work. City shall provide approval of materials, equipment, and prices with reasonable promptness. The matenal, equipment, and pncing information submitted by the Contractor to the Citys Project Manager shall, at a minimum, indude product data and detailed msts of matenal, equipment, and laborto complete such Work, itemized by costs incurred by Contractor and each subcontraclor associated with the performance of such Work. Contractor shall not order matenals or equipment or proceed with Work covered by an Allowance until the material, equipment, and pricing information for such Work items have been submitted to the City's Pqect Hepresentative for review and the C,ontractor 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 Application for Payment. E. To the extent that the cost ol Work items covered by an Allowance is less than the Allowance cost estimate established by the City, the Contact Sum shall be reduced by Change Order or Construction Change Directive to reflect the actual mst of the Allowance item. Similarly, to the extent the cost ol Work items covered by an Allowance is greater than the Allowance cost estimate, the Contract Sum shall be increased by Change Order or Construction Change Directive to reflect the actual cost 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 ol the 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 condilion contained therein, whether of the same or a different character. OATA TO BE FURNISHED BY THE CONTRACTOR The Contractor shall fumish the Director with such information as the Director may desire respecting the character of the matenals and the progress and manner of the Work, including all information necessary to 1.07 ART CLE 1 GC6 1.08 1.09 determine the Contracto/s costs, such as the number of peBons employed, their pay, the time during which they worked on the vanous classes of construction, and other pertinent data. CONTRACT DRAWINGS The City will accept no responsibrlity for enors resulting from misinterpretation or scaling of fe Drawings. SPECIFrcANONS AND DBAWNGS A. The Contraclor 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 krnd of construction; and the Specifications will define materials, quality, and standards. Any Work not particulariy 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 {rom 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 responsibilrty ol fumishing, making, or installing all items required by law or code, or usually fumished, made or installed in a prolect o, the sclpe and general character indicated by the Drawings and Specifications. E. For convenience, the Drawings and Specifications may be ananged in various trade subparagnaphs, 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 willfumish free of charge to the Contractor, a maximum of six (6) sets of Contracl 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 up-to-date approved set. PRECEDENCE OF CONTRACT DOCUMENTS A. In 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 ot Work and/or matenals 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 Specilications) ARTICLE 1 GC-7 1.10 The Contract, including all exhibits, attachments, appendices and Addenda, with later Addenda having precedence over earlier Addenda Special Conditions, if any General Conditrons 6. Specifications 7. Drawings 8. Bidding Requirements With relerence 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 Figures 9. Scaled dimensrons C. Within the Specifications, the order of precedence is as follows: 1. Change Orders 2. Special Conditions 3. ProjectTechnicalSpecifications 4. Standard Specifications, if any 5. ApplicableTradeAssociationSpecifications NONCE OF CONFLICTS lf the Contractor, in the course of the Work, becomes aware of any claimed conflicts, errors or omissions in lhe 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 Director finds a contlict, erroror omission, the Director shalldetermine the corrective actions and advise the Contractor accordingly. lf the correction associated with a conflict, error or omission increases or decreases the amount ARTICLE 1 GC-8 3. 4. 5. B. 1.11 ol Work called for in the Contract, the City shall issue an appropriate Change Order in accordance with the Contract Documents. After discovery of an error or omission by the Contraclor, any related additional work performed by the Contractor shall be done at the Contracto/s nsk unless authorized by the Director. 1.12 REPORTS A. Daily Construction Fleports: The Contractor shall prepare a daily construction report recording the following information conceming events at Proiect site: '1. List ol Subcontractors at Project site. 2. List ol other contractors at Proiect site. 3. Approximate count of personnelat Poect 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. Unusual events.10. Stoppages, delays, shortages, and losses. 1 1. Meter readings and similar recordings. 12. Emergencyprocedures. 13. Orders and requests of authodties 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 Prqect Site including names and job classilications. 22. Description ofWork 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 prepare and submrt a detailed report through a Request tor lnformation (RFl). Include a detailed description of the differing conditions, together with recommendations for a remedy. The Daily Construction Repon must be: signed by Contractor's Superintendent, submitted within 24 hours (next Working Day) to the Director, and shall be made available to others as directed by City. 1.13 LINES. GRADES. AND MEASUBEMEMTS A. All lines and grades will be established by the Contractor. The Contractors shall carefully preserve all survey stakes and relerence points as far as possible. Should any stakes or points be removed or destroyed unnecessarily by any act of the Contractor or his/her employees, they must be reset to the satisfaction ol the Director, at the Contracto/s expense. B. The Conkactor shall inform the Director 48 hours (two Work Days) in advance of the times and places at which he/she intends to Work in order that inspection may be provided, and that necessary measuremenls for records and payments may be made with minimum inconvenience. ART CLE 1 1.14 C. No direct payment will be made for the cost to the Contraclor of any of the Work or delay occasioned by giving lines and grades, by making other necessary measurements, or by inspection. RGHTOFWAY A. The site lor the installation of equipment or the right of way for the Work to be construc'ted under this Contract will be pmvided 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 slructures, streets, and roads, trees and landscaping, and lor any damage that may result trom his/her use of City property. C. ln case areas additional to those available on the Citys rights of way or property are required by the Contractor for his/her operations, hdshe shall make arrangements with the property owners forlhe use ol such additional areas at higher own expense. CONTBACTOR'S OPERATIONS/ISTORAGE YARD ln the event the Contractor requires space for the storage and/or staging of construction materials, supplies, equipment, stockpiling of debns, 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 ol Vemon, the staging area must be enclosed at Contracto/s expense with constructron fencing covered wrth a mesh screen to limit visibility to the site. Prwate property used for storage of construction matenal or debns shall be restored to a legal condition with regard to appearance and maintenance upon conclusion of the prolect. Property should be graded and free of weeds and debns when project is completed. [END OF ARTICLEJ ABTICLE 1 GGlO 1.15 ARTICLE 2.PERFOBMANCE OF THE WORK PERFORMANCE OF WOBK - GENERAL Contractor shall, at its own cost and expense, turnish all necessary matenals, labor, transportation, and equipment for doing and performing sard Work and the materials used shall comply with the requirements of the Contract Documents. AllWork shall be perlormed and completed as required in the Contracl Documents, and subject to the approval of the Director, or his/her designated assistant. NO ASSIGNMENTOR DELEGATION Contractor shall not assign or delegate the duties or obligations under this Contract or hiyher interest therein in whole or in part wrthout the prior wntten consent of the City which may be withheld at the City's sole discretion. STANDARD OF PERFOBMANCE Contractor agrees that all services perlormed hereunder shall be provided in a manner commensurate with the highest professional standards and shall be performed by qualified and expenenced personnel; that any Work performed by Contractor under the Contract will be performed in the best manner; that any material fumished shall be subject to the approvalof the Director; and that both Work and materials will meet fullythe requirements of the Contract Documents. Any work deemed unacceptable by the Director, whether a cause is determined or not shall be repaired or replaced by Contractor at Contracto/s expense. The Contractor shall be responsible for the final product and shall make any quality control, adjustments and correclions 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 from mix design and quality control activities. All Ouality Control testing results shall be submitted to the City Engineer on a daily basis. DEFECTIVE WOBK Within the time periods that the City specifies, the Contractor shall conect all deficient, improperly executed, or unsatisfactory Work determined by the City. The Contractor shall remove and shall repair or replace, at hisiher own expense any part ol the Work that is deficient, improperly executed, or unsatisfactorily executed, even though it has been included in the monthly estimales. lt he/she reluses 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 15ol. for overhead expenses, and his/her sureties shallbe liable therefor. (See Paragraph 2.15forcuring defects after acceptance of the Work.) ABTICLE 2 GC11 2.03 2.05 CTY'S BIGHT TO CABRY OUT IHE WORK A. Notwithstanding other remedies available to the City, if the Contractor defaults, tails to perform Work required by the Contract Documents, or otheMise neglects to carry out the Work in accordance with the Contract Documents and fails within a 48 hour period after receipt of wntten notice from the City to commence and conect such default, failure to perform, or neglect with diligence and promptness, the Crty, at its sole discretion and without obligalion, may, with its own or outside forces, perform the Work Contractor has failed to perlorm and/or replace or correct deficiencies in the Work. ln such case, a Change Order or Construction Change Directive shall be issued deducting from payments then or thereafter due to the Contractorthe cost of completion, replacement or correction of such deficiencies, including compensation for additional services by the Citys project management staff, the Architect, and their respective consultants made necessary by such default, failure to perlorm, or neglect, plus 15% for Crty's overhead expenses. lf payments then or thereafter due the Contractor are not sulficient to cover such amounts, the Contraclor shall pay the diflerence to the City immediately. This remedy is cumulative. B. The City also has the right, but notthe obligation, to self-perlorm or have outsideforces perform portions o, the Work previously assigned to Contractor. ln such case a Change Order or Construc{ion 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 Pnces, 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 HEGARDING T}IE 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 specified in wnting 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 directed by City's Director. Department of Public Works, Water and Development Services 4305 Santa Fe Avenue ABTICLE 2 GC-12 Vernon, CA 90058 D. Attention: Scott B. Rioq Phone:323-583-8811 x279 Facsimile: 323-826-1435 sriqq @ci.vernon.ca.us Notices shall be deemed received when actually received in the office of the addressee (or by the addressee if personally delivered) or when delivery is refused, as shown on the receipt of the U. S. Postal Service, private carner 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 lollowing delivery (that is, in order for a fax to be deemed received on the same day, at least the lirst page of the lax must have been received before 4:00 p.m.). Any technical or other communications pe(aining to the Work shall be conducted by Contractois Prqect Manager and technical representatives designated by City. Contracto/s representatives shall be available at all reasonable times for consultation, and shall be authorized to act on behalf of Contractor in matters conceming the Work. Contractor shall copy City on all written correspondence pertalning to the Contract between Contractor and any Person other than Contracto/s Subcontractors, consultants and attomeys. Notification of Atlected Residents/Businesses - The Contractor shall be responsible for distribution of the general information letter of the projecl to all affected residents and businesses. A poject general information letter and sufficient copies thereol 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 shallbefive (5)working days priorto the beginning of construction operations in the immediate vicinity. In addition to the above, the Contractor shall be fully responsible for such other notitications as may be required related to necessary closures ol streets, alleys, driveways, etc., or to unavoidable access or parking restrictions. These notifications shall apply where the closures and access or parking restnctions required in the performance of any work under this contract preclude any resident, tenant, or property owner from utilizing the premises or conducting business lhereon in a reasonable and customary manner. Additional notification to the atfected businesses and residents shall be prepared by the City and distributed by the Contractor tor roadway and driveway closures five (5) working days in advance ol any construction work. No removal or excavation work is allowed until the additional notification has been distributed to the affected residents and businesses. ll a Contractor is unable to adhere to his schedule as indicated on his wntten 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 notificalions shall be considered as included in the appropriate items of the Bid Proposal. Notification 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 Southern Califomia (U.S.A.) at least two working days in advance of the construction work ARTICTE 2 GC-13 B. 2.08 INDEPENDENT CONTBACTOR 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. EMERGENCY WORK A. During Working Hours: ln case of an emergency which threatens loss or injury of property, and/or safety of lile during working hours, the Contractor shall act, without previous instructions from the City, as lhe siluation may wanant. He/she shall notily the Director of the emergency and the ac'tion 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, allowed, wll be paid lor as Extra Work. B. Odside ot Working Hours: Whenever, in the opinion of the City, there shall arise outside of the regular Workrng hours on the Contract Work of an emergency nature which threatens loss or injury of pmperty, or danger to public salety, the Contractor shall act, without previous instructions from the City as the situatron may warrant. He/she shall notity the Director ol the emergenry and the action taken immediately thereatter. Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Director wrthin 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 oLrlside o{ regular working hours, the City's forces will handle such emergency Work. lf such emergency anses out of or is the result of operations by the Contrac{or, the cost of the conective measures will be billed to the Contraclor and deducled from hi9her payrnent as provided in the Contract Documents. The perlormance 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 subcontracl shall contain a reference to the Contract between the City and the principal Contractor, and the terms of the Contract and all parls thereof shall be made part of each subcontracl insofar as applicable to the Work covered thereby. lf, in the Directo/s opinion, the Subcontractor fails to comply with the requirements of the principal Contract insofar as the same may be applicable to the Subcontracto/s Work, the Director may diEualify the Subcontractor. B. Nothing contained in these Contract Documents shall be construed as creating any contractual relationship between any Subcontractor and the City. C. The Contractor shall be considered the employer ot the Subcontractors and shall be fully responsible to the Crty lor 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, Subcontraclors, and matenal suppliers engaged upon the Work. lt shall be the Contracto/s duty to see that all ot his/her Subcontraclors commence their Work at the proper time and carry it on with due drligence 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 higher expense. ARIICLE 2 GC-14 2.07 E. The City will not undertake to settle difterences between the Contractor and his/her Subcontractors or between subcontractors. F. lhe Contractor shall utilize the services ol specialty Subcontractors, without additional expense to the City, on those parts of the Work which are specified to be perlormed by specialty contractors. 2.10 USE OF FACILMES PRIOR TO COMPLMON OF CONTBACT A. Whenever in the opinion of the Director any Work underthe Contract, or any portion(s) thereof, is in a condition suitable lor use by the City, the City may, after written notice and designation lrom 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 not constitute acceptance in any sense, of any portion(s) of the Work of the Contractor nor will such use trigger the running of any warranty and/or guarantee periods. C. All necessary repairs, renewals, changes, or modiflcations 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 ol the Contractor. D. The use ot any portion(s) by the City shall not relieve the Contractor of any of higher responsibilities or liabilities under the Contract nor constitute a waiver by the Crty of any of the conditions thereof. Said use shall not cancel liquidated damages as ol the first date of use, or any continuance thereof, nor impair, reduce, or change the amount of liquidated damages. 2.11 COOPERATION WTI}I OTHER WORK FORCES A. The City reserves the right to pertorm 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, other City contractors, and City personnel may be working in the vicinity during the prolect construction period. There may be some inlerference between these aclivities and the Work under lhe Contract Documents. The Contractor shall cooperate and coordinate hisiher Wo* with that ol other Work forces to assure timely Contract completion. 2.12 AGREEMENTS W]TH PBOPERTY OWNERS Agreements with property owners for stonng 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. Allstorage charges shall be at the Contractor's sole expense. 2.13 PROTECNONOFPROPERTY All public and private property, pavement or improvement, shall be safely guarded from damage or loss in connection wilh this Contract by the Contractor at alltimes. Should any facility, slructure, or property be damaged dunng operations of the ContEctor, he/she shall immediately notify the property owners or authonties. All damages and losses incuned shall be paid by the Contractor. ARTICLE 2 GC-15 2.14 CONTBACTOR'S RESPONSIBILMES FOR LOSSES OR LIABILMES A. Risk ol Loss Except as otherwise provided in the Contract Documents and except as to the cost of repair or restoration of damage to the Work caused by lorce maleure, 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 difliculties which may be encountered, or from any encumbrances ofl the line of the Work, or because the nature of the ground in or on which the Work is done is different from what is assumed. The Contractor shall bear the risk for any City equipment, material, or supplies with which he/she has been entrusted. B. lraterials and Facilities The Contractor shall be responsible for materials and facilities as hereinafter provided and in the event ol his/her failure to carry out said responsibilities, the same may be canied out by the City at the expense ol the Contractor 1. The Contraclor shall be responsible for any materials so lumished and lor the care of all Work until its completion and final acceptance, and he/she shall at his,itter own expense replace damaged or lost materials and repair damaged parts of the Work. 2. The Contractor shall protect City facilities from damage resutting from his/her Work. City facilities damaged by, or as a result of, the Contracto/s Work under this Contract shall be repaired or replaced, as directed by the Director, at the Contracto/s expense. 3. The Contractor shall remove from the vicinity of the completed Work all buildings, rubbish, unused material, concrete forms, and other materials belonging or used under his/her direction during construction. lf Contractor fails to completely remove such items within a reasonable time the City may do so at the Contracto/s expense. C. Laws 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 atfecting the conduct of the Work, and of all court orders and decrees having any lurisdiction or authority over the same. ll any discrepancy or inconsistency should be discovered in this Contract, or in the Drawings or Specifications herein refened to, in relation to any such law, ordinance, regulation, order, or decree, he/she shall immediately reportthe 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 eflective before Final Completion of this Contract. 3. Nothing in the Contract Documents shallbe construed to permit Work not conforming to such laws, ordinances, and regulations. 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. 4. lt such applicable law requirement was not in effect on the date of submission of bids, any necessary adlustment of the Contract price shall be made as provided in Article 6 herein. lf such ABTICLE 2 2.15 applicable law requirement was in effecl on said date of bid submission, no adjustment of Contract price will be considered. 5. The Contraclor, at hidher own expense, shall pay all taxes properly assessed against hidher equipment, materials, or property used or required in connection with the Work. WAHRANTY AND CORRECNONS A. Warranty 1. Warant{ The Contractor warrants to the City that (i) materials and equipment fumished under the Contract will be ol good quality and new unless othenvise required or permitted by the Contract Documents; (ii) the Work will be of good quality and free trom defects; (iii) the Work will conform to the requirements of the Contract Documents; and (iv) Contractor will deliver the Prolect lree ol stop notice claims. Work not conforming to these requirements, including substitutions not accepted by the City, will be deemed defecttve. The Contracto/s warranty 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 equipment. This \,vananty is not limited by the conection obligation of Paragraph 2.04 herein. 2. OvettaD. Where any wananties provrded under the Contract Documents overlap, conflict, or are duplicative, Contraclor will be bound by the more stringent requirements. 3. Pruuranent and Assionment of Wananties: Contractor shall obtain in the name of City, or transler 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 Documents and which Contractor obtained from any other person or entity otherthan Contraclor including, but not limited to, Subcontractors and manufacturers, and further agrees to perlorm the Work in such a manner so as to preserve any and all such wananties. Contractor shall secure written warranties from all Subcontractors. Contractor and its Subcontractors shall offer any wananty upgrades or extensions that are offered by manutacturers of any equipment or system installed in the Work to the City. Contractor shall deliver to City allwananty and guarantee documents and policies. 4. SuMval of Wananties: The provisions of this paragraph 2.15 will survive Contracto/s completion of the Work or termination ol Contraclo/s per{ormance of the Work. B. Conection ol Work 1. Betore or Aftet Final Completion The Contractor shall promptly conect Work relected by the City or City's designee, as failing to conform to the requirements of the Contract Documents, whether discovered belore or after Final Completion and whether or not fabricated, installed, or completed. Costs of correcting such rejected Work, including additional testing, inspections, and compensation for the City's services and expenses made necessary thereby, will be at the Contraclor's expense within the Contract Price. 2. Aftet Final Completion. (a) In addition to the Contracto/s warranty obligations under Paragraph 2.15-A, if, within one (1) year after the date of Final Completion ol the Work or within the time period established by any applicable special warranty required by the Contract ARTICLE 2 GC-17 2.16 Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documenls, the Contractor shall commence correction or replacement of such Work within forty-eight (48) hours after receipt of written notice from the City to do so. The Contractor shall pertorm such corrective work without charge or cost to the City after Final Completion of the Work. The City shall give such notice promptly after discovery ol the condition. (b) lf the Contractor fails to commence correction or replacement of non-conforming Work within forty-eight (48) hours after receipt of written notice, the City will proceed to have defects repaired or replaced at the expense of the Contractor and its Perlormance Bond surety, plus fifteen percent (15%) for the City's overhead and administrative expense. The City may charge such costs against any payment due Contractor. lf, in the opinion of the City, defective work creates a dangerous or hazardous condition or requires immediate correction or attention to prevent further loss to the City or to prevent interruption of operations ol the City, the City may take immediate action, give notice, make such correction, or provide such attention and the cost of such correction or attention will be charged against the Contractor. Such action by the City will not relieve the Contractor ol the warranties provided in this Article or elsewhere in the Contract Documents. 3. Replacement or Removal ol Delxtre or Unauthoized Wo*. 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 tor such removal or replacement. Director shall have authority to cause delective work to be remedied, removed or replaced and to deduct the costs from monies due or to become due to the Contractor. 4. Destuction or Damaoe. In the event the Contractor destroys or damages any construction of the City or another contraclor while correcting 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 Linitation Nothing contained in Paragraph 2.15-8 will be construed to establish a period ol limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the one-year period lor correction of Work as described in Paragraph 2.15-8 relates only to the specific 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. CLEANING AND ENVIBONMENTAL CONTROLS The Contractor, Subcontractors and employees shall comply with all litter and pollution laws and it shall be the responsibilily ol the Contractor to ensure compliance. The Contractor shall do all of the following: A. Maintain the Site free of waste matenals, debris, and rubbish and in a clean and orderly condition; and Remove waste materials, debns and rubbish from site and dispose off-site legally. B. The Contractor shall maintain at hisher disposal any and all equipment necessary to prevent and remediate any sanitary seweroverflow arising out of the Work. The Contractor shallfumish and operate a self-loading molor sweeper with spray nozles, as directed by the Director, to maintain the aflected areas in a condition of cleanliness acceptable to the City at all locations affected by the Contraclo/s ARTICLE 2 GG18 E. operations. For purposes of this Paragraph, the affected areas include the poject 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. The Contractor shall take appropriate action to ensure that no dust originates from the proiect Site. Any equipment or vehicles dnven and/or operated within or adiacent to a street gutter, storm drain, runofl 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. No debris, soil, silt, sand, bark, trash, sawdust, rubbish, cement or concrete or washings thereol, oil or petroleum products or other organic orearthen materialfrom any construction, or associated aclivity or whatever nature shall be allowed to enter into or placed where same may be washed by rainfall or runoff into waters of the State. When operations are completed, any excess materials or debris shall be removed lrom the Work area. 2,17 WATER POLLUNON CONTROL A. The Contractor shall meet all applicable City of Vemon, state and lederal clean water laws, rules and regulations including but not limited to all conditions set forth in the Vernon Municipal Code Chapter 21, Article 5 regarding stormwater and urban runoff controls as it relates to public agency activities including, but not limited to storm and/or sanitary sewer system inspection and repair, street sweeping, trash pick-up and disposal, and street and right-of-way construction and repair are required to implement and maintain the activity specific Best Management Practices (Bl\ilPs) listed in Table 2-1 below in compliance with the National Pollutant Discharge Elimination System (NPDES) requirements. Contractor shall not discharge any water containing trash, debris, pollutants, fuels, oils, soaps or other non-allowable constituents from its sweeping vehicles upon any city street, to any storm drarn or any non-permitted outlet. As part of its submission, contractor shall descnbe its methods for preventing NPDES violations during sweeping operations within the City. ln addition, Contractor shall comply with all NPDES requirements at its maintenance facilfties, storage yards and company facilities. Failure to comply with this section may result in termination for cause by the City of any contract resulting from this solicitation. Table 21. BMPs for Public Agency Facilities and Activities General and Activity Specific Bl/Ps GeneralBMPs Schedulinq and Plannino Spill Prevention and Control Sanitarviseptic Waste Manaqement Material Use Safer Alternative Products Vehicle/Equipment Cleaning, Fueling and iilaintenance lllicit Connection Detection, Reportino and Removal llleqal Spill Discharoe Control l\rlaintenance Facilitv Housekeepino Practices Flexible Pavement Asphalt Cement Crack and Joint Grindinq/ Sealinq Asphalt Paving ARTICLE 2 GCt9 D. Structural Pavement Failure (Digouts) Pavement Grinding and Paving Emerqencv Pothole Repairs Sealing Operations Rigid Pavement Porlland Cement Crack and Joint Sealing Mudiackino and Drilltnq Concrete Slab and Spall Repair Slope/Drains/Uegetation Shoulder Gradinq Nonlandscaped Chemical Vegetation Control Nonlandscaped Mechanical Vegetation Control/Mowing Nonlandscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub Removal Fence Repair Drainage Ditch and Channel Maintenance Drain and Culvert l\,laintenance Curb and Sidewalk Repair Litter/ Debris/ Graftiti Sweeping Operations Litter and Debns Hemoval Emeroencv Response and Cleanup Praclices GraffitiRemoval Landscaping Chemical Veoetation Control I/anual Veqetation Control Landscaped i/echanical Veqetation Control/Mowing Landscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub Removal lrnoation Line Hepairs lrrigation (Watering), Potable and Nonpotable Environmental Storm Drain Stenciling Roadside Slope Inspection Roadside Stabilization Stormwater Treatment Devices Tractron Sand Trap Devices Bridges Welding and Grinding Sandblasting, Wet Blast with Sand Iniection and Hydroblasting Painting Bridge Repairs Other Structures Pump Station Cleaning Tube and Tunnel Maintenance and Repair Tow Truck operations Toll Booth Lane Scrubbing Operations ARTICLE 2 GC-20 Electrical Sawcutting for Loop lnstallation Traff ic Guidance Thermoplastic Stnping and Marking Paint Striping and l/arking Raised/ Hecessed Pavement l/arker Application and Hemoval Sign Hepairand Maintenance Median Barrier and Guard Rail Repair Emerqency Vehicle Energy Attenuation Bepair Storm [/taintenance [,linor Slides and Slipouts Cleanup/ Repair Management and Support Building and Grounds Maintenance Storage of Hazardous Materials (Working Stock) Material Storage Control (Hazardous Waste) Outdoor Storage of Haw Materials Vehicle and Equipment Fueling Vehicle and Equipment Cleaning Vehicle and Equipment Maintenance and Hepair Aboveground and Underground Tank Leak and Spill Conlrol B. Water Quality Protection Requirements for Construction Projects with Less than One (1) Acre of Disturbed Soil. All construction pojects, regardless of size, will be required to implement best management practices (BMPS) necessary to reduce pollutants to the Maximum Extent Practicable (lvlEP) to meet the minimum water quality protection requirements and implement all applicable set of BMPs as defined in Table 2-2. Please reler to the California Stormwater Quality Association's Construction Handbook (available on thetr website: www.cabmohandbooks.com) lor further information regarding the B[ilPs listed in Table 2-2. ARTICLE 2 GC-21 rabb 2-2 Minimum Water Quality Protection Requirements and Applicable Set of BMPs lor All Construction Prolects Category l\rinimum Hequirements BMPs 1. Sediment Control Sediments generated on the poiect site shall be retained using adequate Treatment Control or Structural BMPs. Sediment Controls Non-Stormwater Management, Waste l,lanagement and lilaterials Pollution Control Construction-related materials, wastes, spills or residues shallbe retained at the project site to avoid discharge to streets, drainage facilities, receiving waters, or adjacent properties by wind or runoft. Non-storm water runoff from equipment and vehicle washing and anv other activity shall be contained at the project sites. Non-Stormwater l\,lanagement and Wastelranagement 3. Erosion Control Erosion from slopes and channels shall be controlled by implementing an eflective combination ol Bi/Ps, such as the limiting of grading scheduled dunng the wet season; inspecting graded areas dunng rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. Erosion Controls All construction prolects with Less than One (1) Acre ol Disturbed Soil shall submit to the City a signed Statement of lntent to Comply with Minimum Hequirements of the Stormwater Permit (Exhibit 5). The Contractor may self-certify that the lollowing training was completed on an annual basis providing they certity they have received all applicable training: . The Contractor shall train all of their employees in targeted positions (whose interactions, jobs, and activities aflect stormwater quality) on the requirements of the overall stormwater managemenl program. o When the Work includes the use or have the potential to use pesticides or fertilizers, the Contractor shall train all of their employees (whether or not they normally apply pesticides or fertilizers as partof their work). Training programs shall address: 1) The potential for pesticide-related surface water toxicity 2) Proper use, handling, and disposal of pesticides 3) Least toxic methods of pest prevention and control, including lntegrated Pest Management 4) Reduction of pesttcide use Water Quality Protection Requirements for Construction Prqects with One (1) Acre (or greateo ol Disturbed Soil. In addition to the minimum BMPs required in Paragraphs A and B, all construction projects where at least one (1) acre of soil will be disturbed, construction activity that results in land surface disturbances of less than one acre if the ac{ivity is part ol a largercommon 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-DWo 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 Map, the Storm Water Pollution Prevention Plan (SWPPP), a signed certification statement by the Legally Responsible Person (LHP), and the first annual fee. See: 0r 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 Hesources Control Board. Contractor shall bear the costs of any delays to the Prolect caused by a delay in obtaining its WDID. The SWPPP shall include: 1. The name, Iocation, period of construction, and a bnef description of the proiect; 2. Contact information tor the owner and contractor; 3. The building permit number for the project; 4. The grading permit numberlorthe project (where applicable); 5. A list of major construction materials, wastes, and activities at the project site; ARTICLE 2 D. 6. A list of best management practices to be used to control pollutant discharges from major construction materials, wastes, and activities; 7. A site plan (construction plans may be used) indicating the selection of Bl\IPs and their location where appropriate; 8. Non-storm water discharges, their locations, and the BMPs necessary to prevenl the discharge; 9. A maintenance and self-inspection schedule of the Bl\,lPs to determine the etfectiveness and necessary repairs of the BMPs; and 10. A certification statement that all required and selected BMPs will be effectively implemented. Within seven (7) days after the City awards the Contract, the Contractor shall submit seven (7) copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt ol the plan. ll revisions are required, the Contractor shall revise and r+submit the document within seven (7) days ol its receipt of the City's comments. The City shall then have seven (7) days to consider the revisions made by the Contractor and approve the SWPPP. The Contractor shall maintain a minimum of two (2) readily accessible copies of the SWPPP at the Project site. The SWPPP shall be made available upon request of a representative of the Los Angeles Regional Water Ouality Conkol 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 the implementation of Best Management Practices (BMPs) which will be used to reduce pollutants in the storm water discharges from the construclion 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 California Stormwater Bl\,lP Handbook, l\ilunicipal, lndustrial, New Development, and Conskuction Volumes (www.cabmohandbooks.com) in conjunction with all activities and construction operations. Copies of the California Stormwater BMP Handbooks may be obtained Irom: CaliforniaStormwaterQualityAssociation Cashier P.O. Box 2313 Livermore, CA 94551 www.cabmDhandbooks.com Los Angeles County DPW 900 South Fremont Avenue Alhambra, CA 91803 Tel. No. (626) 458-69s9 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 disposlng of temporary BMPs. The Contractor may be required to implement additional BMPs as a result of changes in actual field conditions, contractols activities, or construction operations. The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP control measures to protect soil-disturbed areas of the proiect site before the onset of precipitation ARTICLE 2 GG23 E. F. H, G. and shall maintain a detailed plan for the mobilization ol sufficient labor and equipment to fully deploy these control measures. 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 modilied, as required, and the Contractor shall deploy functioning control measures prior to the onset of the precipitation. The City may order the suspension of construction operations which are creating water pollutton if the Contractor lails to conform to the requirements ofthis Paragraph 2.17. Unless othen'vise directed by the City, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension ol the Work. Sewage Spill Prevention. The Contracto/s attention is directed to the sewer bypass operation required during any sewer construction pursuant to the 2012 edition of the 'Greenbook' Standard Specifications for Public Works Construction, Section 500.1.2.4 or as that section is subsequently amended. The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a sewage spill. ln the event of a sewage spill, the Contractor shall make arrangements lor an emergency response unit comprised of emergency response equipment and trained personnel to be immediately dispatched to the prolect site. The Contractor shall be fully responsible for preventing and containing sewage spills as well as recovenng and propedy disposing of raw sewage. ln addition, the Contractor is responsible for any fines, penalties and liabilities ansing 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 turther damage or service interruption and to contain and clean up the sewage spills. Sewage Spill Telephone Notification Should a sewage spill occur, the Contractor 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 323-583-881 1 extension 351 The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone numbers of City representatives such as Prolect 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 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 ABTICLE 2 GC-24 J. 2. The nature and volume 3. The date, time and duratron 4. The cause 5. The type of remedial and/or cleanup measures taken and date and time implemented 6. The corrective and preventive action taken, and 7. The rvater body impacted and results of necessary monitoring Enforcement The City is subject to enforcement actions by the LARWOCB, U.S. EPA, environmental groups and private citizens. The Contractor shall indemnify, delend and hold City, its officers, agents and employees harmless from Contracto/s failure to comply and/or fulfill the requirements set torth in this Paragraph 2.17. Contractor shall be responsible tor all cosls and liabilities imposed by law as result of Contracto/s failure to comply and/or lulfill 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 Contraclor. 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- Maintenance The Contractor shall ensure the proper implementation and functioning of BMP control measures and shall rEularly inspect and maintain the construction site lor the BirlPs 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 deficienry in the deployment or functioning of identitied control measures, the deticiency shall be corrected by the Contractor immediately or by a later date and time it agreed to by Director and if requested in writing, but not later than the onset of the subsequent precipitation events. The correction of deficiencies shall be at no additionalcost to the City. Payment Allcosts 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 struclure, shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefor. ABTICLE 2 GC-25 K. 2.18 RECYCLED. HEUSABLE AND RECYCLABLE PRODUCTS 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. [END OF ARTICLE] AHTICLE 2 GC-26 3.03 ARTICLE 3. TIME OF COMMENCEMENT AND COMPLETION COMMENCEMENT. PROSECTMON. ANO COMPLMON OF WORK A. Notice to Proceed The Contractor is not authonzed to perform any Work the Contract Documents until he/she has received from the City an official notification lo commence Work. lhe date on which the notification is received by the Contractor is herein referred 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 ol the Work Work shall be continued at all times with such lorce 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 Work to be performed and that he/she will complete the Work within the specified time. C. Required Contract Completion 'lime is of the essence in the completion o{ this Contract- The Work shall be completed in its entirety within three years following the Date ol Commencement established in the terms and conditions of the contracl. By executing the Contract, Contractor conlirms that the Contract Time is a reasonable period for performing the Work. CTY'S DISCRENON TO EXTEND CONTRACT NME ln the event the Work required hereunder is not satisfactorily completed in all parts and in compliance with the Contract Documents, 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 rnterest ol 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 Bequest lor lnspection and Punch List When the Contractor considers that rt 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 corrected prior to Final Payment. Failure to include an item on such punch list does not alter the responsibility ol the Contractor to complete all Work in accordance with the Contract Documents. B. City lnspection Upon receipt of the Contractor's punch list, the Director will make an inspection to determine whether the Work or designated portion thereof is Substantially Complete. lf the inspection discloses any item, whether or not included on the Contracto/s punch list, which is not sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work or ARTICLE 3 3.01 designated po(ion thereol for its intended use, the Contractor shall, before City's issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by City. The Contractor shall then submit a request {or another inspection by City to determine Substantial Completion. C. Certilicate ot Substantial Completion When the Work or designated portion thereof is substantially complete, the Director will prepare a Certificate of Substantial Completion which shall establish the date ol Substantial Completlon, shall establish responsibilities of the City and Contractor for security, maintenance, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall finish all items on the Contractor's punch list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work. Contractor shall deliver to City all warranty and guarantee documents and policies. DELAYS ANO ENENSIONS OF ]'IME FOR CONTRACTOR A. The Contractor shalltake reasonable precautions to foresee and prevent delays to the Work. lnthe event ol 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 delaytothe 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 compensation lor damages resulting directly or indirectly theretrom. C. ll any delay having a direct eftect on the Work is caused by circumstances beyond the control of the Contractor except for causes of delay specified in Paragraph 3.04-D., such delay may be excusable and may entitle the Contractorto an equivalent extension of time, bul not to any other compensation. Excusable but not compensable causes include but are not limited to labor disputes, weather conditions unfavorable for prosecution of the Work, and force majeure. D. lf any delay having a direct eflect 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 Contlactor to an equivalent extension ol time, and to compensation for damages resulting directly lrom 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 resulting from delay shall be made in writing to the Director not more than 30 days after the ending of such delay. The Contractor shall provide a written report evaluating the impact of the delay which shall include, at a minimum, all of the following: 1. a narrative description of the delay and its impact on the cntical path to Substantial Completion of the Work or a portion ol the Work designated by City; 2. a detailed breakdown of the Allowable Costs, if any, sought by Contractor due to the delay; ARTICLE 3 GC-28 3. the number of days of extension sought by Contractor as an adiustment to the Contract time; 4. a statement that Contractor has complied with the requirements of the General Conditions for wntten notice of delays, along with the dates and copies ol such notices; 5. the measures taken by Contractor and Subcontractors to prevent or minimize the delay; and 6. the Contacto/s recommendations for reordering or re-sequencing the Work to avoid or minimize further delay. No extension of time or compensation for damages resulting trom delay will be granted unless the delay aflects lhe timely completion of the overall Work under the Contract or the timely completion ot a portion of the Work for which a time ol completion is specilied. G. The Director will investigate the lacts and ascertain the extent ol the delay, and his/her findings 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 ol time or for damages resultrng from delay in the manner and within the times stated above shall constitute a waiver of all claims thereto. l. When a Conlractor experiences two concurrenl delays, one compensable and the other excusable, no compensation other than an extension of time will be allowed. J. An extension of time must be approved by the Director to be effective, but an extension of time whether with or without consent of the sureties, shall not release the sureties from their obligations, which shall remain in full force untilthe discharge of the Conkact. CLIMANC 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 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 ol 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 ol completion is specitied. Determination that the suspension for inclemenl weather conditions or conditions resulting trom inclement weather affecls timely completion and entitles the Contractor to an extension of time shall be made and agreed to in writing by the Director and the Contractor on each day that Work is suspended. ln the event of failure to agree, the Contractor may protest under the provisions of Paragraph 7.07. D. lf Work is suspended and an extension of time is granted under this Paragraph 3.05 the Contractor will be entitled to a one day extension of time for each day that he/she is unable to Work at least one-half of his,/irer cunent normal Work day; and if the Work is suspended at the regular starting time on any Work day and the Contractoi s Workforce is dismissed as a result thereof, then he/she will ABTICLE 3 GC-29 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. lf, in the Directols opinion, Final Completion has been achieved, the Director will accept the Work by issuing a "Notice of Completion" ol 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 record the Notice ol Completion with the County Recorder. LIQUIDATED DAMAGES A. Contractor and City agree to liquidate damages in the amount of FIVE HUNDRED dollars ($500.$) per day, with respect to Contractor's lailure to achieve Substantial Completion of the Work within the Contract Time. The Parties intend lor 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 Contracto/s failure to meet the deadline for Substantial Completion and shall not excuse Contractor from liability from any other breach, including any failure ol the Work to conform to the requirements of the Contract Documents. B. In the event that Contractor fails to achieve Substantlal Completion of the Work within the Contract Iime, 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 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 pursuanttothis Agreement are not a penalty and that such amount are not manifestly unreasonable under the circumstances existing as of the eflective date of this Agreement. D. lt is further mutually agreed that City shall have 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. In the event the remaining unpaid Contract Sum is insuflicient to cover the full amount of liquidated damages. Contractor shall pay the difference to Crty. [END OF ABTICLE] ABTICLE 3 GC.30 4.01 ARTICLE 4. CONSTRUCNON SCHEDULES BASELINE PROJECT SCHEDULE The Contractor shall submit higher work Baseline Prqect Schedule, in electronic as well as hard-copy format, to the Direclor at the pre-construction meeting showing in detail how the Contractor plans to execute and coordinate the Work. The conslruction schedule shall show the sequence of work, critrcal path and estimated time for mmpletion of each segment of work. This schedule must be reviewed and accepted by the Director before the Contractorwill be permitted to begin work. ln addition, the Contractor shall submit a detailed schedule forecasting two (2) weeks of work descnbing each day's work. lhis schedule shall be updated and submifted to the Crty every other l\ilonday during the construction period. The Contraclor shall give 48 hours notice to the City Engineer pnor to the start ol the work. A.Forrnat At a minimum, the Baseline Project Schedule activities shall be coded on a work discipline basis and by geographic area or location on the Prqect. The Baseline Prqect Schedule shall include a detailed description of each activity code. The Baseline Prqect Schedule shall be based on and incorporate contracl milestone and completion dates specified in the Contract Documents. lt shall depict events, jobs, and their interrelationships and shall recognize the progress that must be made on one task before subsequent tasks can begin. the schedule shall be comprehensive and shall include all logical interdependencies and interactions required to perlorm the Work of the Prqect. Overall time of completion and time of completion for each milestone shown on the Schedule shall adhere to the specified Contract Time, unless an eadier (advanced) trme of completion is requested by C,ontractor, agreed to by the City and formalized by Change order. Contractor shall use the latesl version of Microsoft Project or equivalent sottware agreed to by the parties. The City will review the submined Baseline Prqect Schedule for conformance with these scheduling requirements. Within founeen (14) calendar days after receipt, the City will accept the proposed Baseline Project Schedule or will return it with comments. lf the proposed Baseline Prolect Schedule is accepted by the City, it shall be deemed part of the Conlract Documents. lf the Baseline Project Schedule is not accepted by City, Contractor shall revise the Baseline Pqect Schedule, in accordance with the recommendations of the City, and re-submit same for acceptance, no later than seven (7) calendar days after receipt of said recommendation. Acceptance of Baseline Project Schedule by City, failure to include an element of work, or inaccuracy in Baseline Prolect Schedule shall not relieve Contractor from the responsibility for accomplishing the Work in accordance with the Contract Documents. Float 1. Critical Work activities are defined as Work activities which, if delayed or extended, will delay the scheduled completion of the 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 ol completion. Float is considered a Project resource available to either party or both parties as needed. Once identitied, Contractor shall monitor, account for, and maintain float in accordance with Critical Path Methodology. ARTICLE 4 GC31 1. B. 2. Delays of any non-critical Work shall not be the basis for an extension of Contract Time untll the delays consume all float associated with that non{ritical Work activity and cause the Work activity to become critical. 3. lt is acknowledged that City{aused time savings (i.e., critical path submittal reviews retumed in less time than allowed by the Contract Documents, approval of substitution requests which result in a savings ol time for Contractor, etc.) create shared float. Accordingly, City-caused delays may be offset by City{aused time savings. C. Weather (Ihis section applies only to proiects of one (1) year duration or longer) The completion time contemplated by this Contract anticipates five (5) lost days (Work Days) due to normal weather conditions annually and prorated for any duration less than twelve months. Only unusual or extreme weather conditions, as determined by the Natlonal Oceanic and Atmosphenc Administration, forthe time of year will be considered asjustification for an extension of time to complete the Prqect, and only after the five (5) weather days have been utilized. Annual weather days are not cumulative, and unused days shall become 1loat" for the benefit of the proiect, and the schedule adjusted accordingly. The use of weather days by the Contractor shall be subjecl to all the conditions of claim for an e(ension of time. The Contractor shall notity the City in writing within ten (10) days of the commencement of each rain event. D. 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 lor the use ol float time between the Contraclo/s proiected eariy completion date and the date for Substantial Completion established by the Contract Documents, unless an earlier (advanced) time of completion is requested by Contractor, agreed to by the City, and lormalized by Change Order. SCHEDULE UPDATES A. With each Application for Payment submitted by Contractor (other than the final Application for Payment), the Contractor shall submit to the Crty an updated Project Schedule revised to indicate the Work completed, status of Work in progress, all progress slippages, corrective actions taken, or slippage carry-over, for all anticipated delays or difficulties, and all other information required to accurately present the actual status of the progress of the Work as ol the date of the Application for Payment. ll the Contractor does not submit an updated Prqect Schedule with an Application for Payment, City may withhold payment, in whole or in part, until the updated Proiect Schedule is submitted. ln the event that an update to the Project Schedule indicates a delay to the Contract Tlme the Contractor shall propose an affirmative plan to conect each such delay, including overlime and/or additional labor, if necessary. ln no event shallany Pqect Schedule update constitute an adiustment in the Contract Time, any deadline, or the Contract Sum unless any such adiustment is agreed to by the City and authorized pursuant to Change Order or Work Directive. B. At no time shall historical data contained within the updated Project Schedule (i.e. completed activities) be removed and/or altered in any way. This historical data is to be preserved within each of the updated Proleci 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 Prqect Schedule. ln cases where unplanned activity work ARTICLE 4 GC32 4.M stoppages exceed seven (7) calendar days activities shall be added to the Proiect Schedule to clearly indicate the work stoppage period and identify forecasted resumption and completion of the activity where wo* has stopped. Contractor shall clearly note all schedule revisions when Proiect Schedule updates are submitted, as required in this Paagraph 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, Crty shall have the right to order the Contractor to take correclive measures to expedite the progress of construction, at no add ional cost to the City, including, without Iimitation, the following: 1. Working additional shifts of ovenime. 2- Supplying additional manpower, equipment, and/or facilities. 3. Heschedule activities to maximize practical concunence of accomplishment of activities. 4. Submitting a Recovery Schedule discussed above, for resequencing per{ormance of the Work or other smilar measures. 5. Any other actions that may be necessary to mitigate delays. B. Such Extraordinary Measures shallcontinue untilthe progress ofthe Work is no longerbehind schedule and/or reaches the stage of completion required by the Contracl Documents. Contractor shall not be entitled to an adjustment in the Convact Sum in connection with the performance of any such Extraordinary Measures required by the City under this Paragraph. The City may exercise the rights fumished the Crty pursuant to this Paragraph as frequently as the City deems necessaryto ensure that the Contraclo/s performance ol the Work will comply with the Contract Tlme or interim completion dates set fodh in the Contract Documents. lf Contractor or its Subcontractors fail to implement or commence Extraordinary Measures withrn ten (10) calendar days of City's written demand, City may, without prejudice to other remedies, take conective action at the expense of the Contractorwhich shall reduce the Contract Sum accordingly. CONDMON OF PAYi'ENT Compliance by Contractor with the requirements of the Contract Documents pertaining to preparation, submission, revising and updating ol the Schedule is a condition precedent to Citys obligation to make payment to Contractorof any orallsums that might otherwise be due to Contractor in the absence ol such noncompliance. Payment by City under circumstances in whichCity, forany reason, tailsorelects nottoassenits righttow hhold payment for noncompliance with this Paragraph shall not be mnstrued as a waiver of the right to withhold future payments on account of such noncompliance or any other noncompliance. IEND OF ARTICLE] ARTICLE 4 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 occuren@ of one of the following: 1. The Work is stopped for a period of ninety (90) conseculive days through no act or lault of the Contractor, any Subcontractor, Sub-subcontracto( their agents or employees, or any other persons or enttties perlorming portions of the Work under direct or indirect mntract with the Contractor, due to: a. the issuance ol an order ol a court or other public authonty having jurisdiction; or b. an act of govemment, such as a declaration ol national emergency making material unavailable; and Contractor has given City written notice within ten (10) days of the occunence of such ground fortermination, then the Contnctor may, upon thiry (30) additional calendar days wriften notice to City, unless the reason has theretolore been cured, terminate rts perlormance of the Work. 2. The Work is stopped for a period ol 120 consecutive days through no acl or fault of Contractor, any Subcontractor, Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, because the City has persistently failed to perlorm any matenal obligation under the Contract Documents and fails to cure such default within ninety (90) days after the receipt of notice from Contractor stating the nature ol such default. B. ll Contractor terminates its performance of the Contract in accordance with this Paragraph 5.01, the Crty shallpay Contractor forthe Work executed through the date ol termination as set forth in Paragraph 5.04-C below. TERMINATION BY IHE C]tY FOR CAUSE Grounds The City shall have the right to terminate the Contracto/s performance of the Contract, in whole or in part, without liability to City if: 1. Contractor fails promptly to begin the Work under the Conlract Documents; or 2. Contractor refuses or fails to supply enough properly skilled workers or proper matenals; or 3. Conkactor 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 lermination by City; or (b) due to and during the continuance of a Force Majeure event or suspension by City); or ARTICLE 5 GC-34 5.02 5. Contractor fails to resume perlormance 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 wananty made by Contractor in the Contract Documents or any certificate, schedule, instrument, or other document delivered by Contractor pursuant to the ContEct Documents shall have been lalse or matenally misleading when made; or 7. Contractor lails to make payment to Subcontractors or Material Suppliers for materials or labor in accordance with the respective Contract Documents and applicable law; or 8. Contractor disregards laws, ordinances, or rules, regulations, or orders of a public authority having jurisdiction;or 9. Contractor is guilty ol breach of a provision of the Contract Documents; or 10. Contractor becomes insolvent, is adjudicated bankrupt, or makes a general assignment for the benefit of creditors and fails to provide City with adequate assurances ol Contracto/s ability to satisty its mntractual obligations. A receiver, trustee, or otherjudicial olficer shall not have any right, tifle, or interest in orto the Contract. Upon that person's apporntment, City has, at its option and sole discretion, the right to immediately canc€l the Contracl and declare il null and void. B. City's Rights. When any ol he reasons Eecified in Paragraph 5.02-A exist, the City may, in addition lo and without prejudice to any other rights or remedies of the Crty, 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 ste and all materials, equipment, tools, construction equipment, and machinery thereon owned by the Contractor; 2. Withhold from Conlractor amounls unpaid hereunder and to offset such amounts against damages or losses incuned by Cily; 3. Accept assignment of subcontracts from Contraclor, 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 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 C[y. D. Wrong ul Termination lf it has been adjudicated or othenvise determined that City has wrongiully terminated the Contractor tor cause, then said termination shall be deemed converted to a termination for convenience as set ARTICLE 5 GC35 forth in Paragraph 5.04 and Contracto/s remedy for wrongfultermination in such event shall be limited to the recovery of the payments permitted for termination for convenience as set forth in Paragraph 5.04. PARNAL DELMON OR SUSPENSION OF WORK BY THE CTTY A. C,ontractor 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 elecling to terminate the Contracto/s performance under the Contract and without any penalty being incurred by the City. B. Any such partial deletion or suspension ol the Work shall in no way void or invalidate the Contract nor shall it provide Contractor with any basis forseeking paymenttrom City lor Work deleted or suspended except to the extent such Work has akeady been perlormed and is otherwise compensable under the Contract. C. The Crty shallhave the right to later have anysuch suspended ordeleted Workperformed by Contractor or others without any penalty to the Crty. D. ln the event of any partial or complete deletion or suspension of Work, the City shall fumish Contractor with prompt written notice thereof, and the City shall be entitled to take possession of and have as its property all Record Documents, Accounting Records, and other data prepared by Contraclor or its Subcontractors. E. Suspension lor Convenience. 1. The City may at any time and from trme to time, withorJt cause, order the Contractor, in writing, to suspend, delay, or interrupt 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 l/Vork Suspension Direclive" under this Section. 2. Upon receipt of a Work Suspension Directive, C,ontractor shall, at the Citys expense, comply wtth its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Work Suspension Directive during the period ol Work stoppage. 3. Within the period o, suspension, or such extension to that penod as is agreed upon by Contractor and the City, the City shall either cancel the Work Suspension Directive ordelete the Work covered by such Work Suspension Directive by issuing a Change Order or Construction Change Direclive. 4. lf a Work Suspension Directive is cancelled or expires, Contractor shall continue the Wo*. A Change Order or Construction Change Directive will be issued to cover any adjustments of the Contract Sum and Contract Time necessarily caused by such suspension. No adjustment shall be made to the extent: (a) That per{ormance is, was, or would have been so suspended, delayed, or interrupted by another cause for which the Contractor is responsible; or (b) That an equitable adiuslment is made or denied under another provision of the Contract. F. Suspensions lor Cause City has the authonty by wntten order to suspend the Work, in whole or in part, without liability to City for Contracto/s failure to: ARTICLE 5 5.03 1. Correct conditions unsafe for the Project personnel or general public, or 2. Carry out the Contract; or 3. Carry out orders of City. G. Responsibilities of Contractor During Suspension Periods Dunng penods that Work is suspended, Contraclor shall continue to be responsible for the Work and shall prevent damage or inluryto the Project, provide fordrainage, and shallerect necessary temporary structures, signs or other facilities required to maintain the Project and continue to perform according to the Contract Documents. 5.04 TERMINATION BYIHE C]rY FORCONVENIENCE A. Grounds Without limiting any rights which City may have by reason ol any default by Contractor hereunder, City may terminate Contracto/s performance of the Contrac{, in whole or in part, at any time, for convenience upon lifteen (15) calendar days written notice to Contractor. B. Contractor 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 subcontracts and purchase orders entered in to by Contractor prior to the eflective date of termination shall be terminated or shall be assigned to City. C. Compensation '1. lf the Parties are unable to agree on the amount of a termination settlement, the City shall pay the Contractor the following amounts: a. For Work performed before the effective date of termination, the total (without duplication of any items) of: i. The cost of the Work; and ii. A sum, as overhead and profit on the cost of the Work, determined by the City to be fair and reasonable. ln no event shall Contractor be ent led to recover overhead or profit on Work not performed. b. The reasonable costs of settlement ol the Work terminated, including: i. Accounting, clencal, and other expenses reasonably necessary lor the preparation of termination settlemenl proposals and supporting data, it any; and ii. Storage, transportation, and other costs reasonably necessary for the preservation, protection, or disposition of inventory. 2. Such payment shall be Conlractor's exclusive remedy for termination for convenience and will be due and payable on the same conditions as set forlh for final payment to the extent applicable. ARTICLE 5 GC-37 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 waranties, representations, indemnity, maintenance of insurance, and other obligations that survive termination or Final Completion as provided for herein. 3. lt is understood and agreed that no fee, anticipated profit, compensation for lost opportunity costs, orother compensation orpayment ofany kind or character shall be due or payable for unperformed Work regardless of the basis of termination and the inclusion of this provision within this subparagnph shall in no way limit rts application to termination under this Paragraph. 4. Contractor agrees that each of its subcontracts will reserve for the Contractor the same nght of termination for convenience provided by this Paragraph 5.04. D. No Consequential Oamages Under no circumstances shallContractor be entitled to anticipatoryor uneamed prolits orconsEuential or other damages as a result of a termination or partial termination under this Article 5. The payment to Contractor determined in accordance with this Article constitutes Contracto/s exclusrve remedy for a termination hereunder. 5.05 CONIHACTOR'S UMES UPON IERMINANON FOR CAUSE OR CONVENIENCE lf the City terminates Contrac{o/s performance of Work under the Confact, for cause or convenience or if Contractor terminates a Subcontractor with the City's approval, Contrac{or shall: (1) cease pertormance of the Work to the extent specified in the notrce; (2) take actions necessary or hat the City may direct, for the protection and preservation of the Work; (3) settle outstanding liabilities, as directed by City; (4) transfer title and deliverto City Work in progress, specialized equipment necessary to perlorm the Work; (5) submit all Record Documenls, Accounting Hecords and other data prepared pursuant to the Contract by Contractor and/or its Subcontractors, as applicable, to the City with fifteen (15) calendar days after the City's notice of termination in an organized, usable form, in both hard copy and electroniddigital form, with all items properly Iabeled to the degree of detail specified by the City; and, (6) except for Work directed by City to be performed prior to the etfective date of termination stated in the notice, incur no further costs or expenses and enter into no lurther subcontracts and purchase orders. No compensation shall be due Contractor, if any, until Contractor complies with the requirements of this Paragraph. IEND OF AHTTCLEI ARTICLE 5 GC-38 6.02 6.01 6.03 ARTICLE 6 - CHANGES C]TY'S HIGHT TO ORDEB CHANGES The City, without invalidating the Contract, may authorize changes in the Work consisting of additions, deletions, or other revisions, with the Contract Sum and Contract Time being adjusted accordingly, if necessary. All such changes in the Work shall be authorized by Change Order or Construction Change Directive and Contractor shall perlorm such changes in the Work according to the applicable requirements of the Contract Documents. APPLICABLE PBOVISIONS 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 othenrvise provided in the Change Order or Construction Change Directive. ll is of the essence to this Contract that all scope changes in the Work that form the basis ol an adjustment of the Contract Sum or Contract Time must be authorized in advance in writing through either a Change order or Construction Change Directive. A change in the Contract Sum or the Contract Time shall be accomplished only by Change 0rder or Construction Change Directive. Accordingly, no verbal directions, course of conduct or dealings between the Parties, express or implied acceplance of alterations oradditions to the Work, or claim that the Contract has been abandoned or the City has been unjustly ennched 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 Contracto/s opinion, any instruction, request, Drawings, Specifications, action, condition, omission, default, or other situation occurs that the Contractor believes constitutes a scope change or other matter resulting in Extra Work, for which Contractor believes it is entitled to an adjustment of the Contract Sum or Contract Time. Such notice shall be provided prior to performance of the Work affected by such occurrence and within seven (7) calendar days after the discovery date o, the circumstances of such scope change or other matters. The written 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 adiustment of the Contract Sum or Contract Time. Failure to provrde 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 lvlethods used in determining adjustments to the Conkact Sum by Change Order may include those listed in Paragraph 6.06 below. B. Accord and Satis{action 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 field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment ABTlCLE 6 GC-39 productivity, ditfering Site conditions, construction interferences and other extraordinary or consequential damages (hereinafter called "lmpacts"), including any ripple or cumulative eflects of said Impacts 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 ol or incidental to the Change order. No action, conduct, omission, product farlure or course ol 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 DIRECTIVE} A. A Construction Change Directive shall be used in the absence of total agreement on the tems of a Change 0rder. The City may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletion, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. B. lf the Construction Change Directive provides lor an adjustment to the Contracl Sum, the adjustment shall be calculated in accordance with Paragraph 6.06 herein (Pricing Changes in the Work). C. Upon receipt of the Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the City of the 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 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 Direclive 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 Contracto/s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining lhem. Such agreement shall be etfective immediately and shall be recorded as a Change Order. F. lf the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the City on the basis ol reasonable expenditures and savings of those performing the Work attributable to the change, including, in the case ol an increase in the Contract Sum, Allowable Mark-Ups in accordance with Paragraph 6.06(E) herein. ABTICLE 6 GC{0 6.05 PRICING CHANGES IN TIIE WORK A. Alternative Methods ol 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 ol a lump sum proposal lrom Contractor properly itemized and supported by suflicient substantiating data to permit evaluation. Such proposal shall be based solely on Allowable Costs, as defined in Subparagraph 6.06-C, and Allowable l\,lark-Ups, as defrned 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 Pnces. By unit pnces contained in Contracto/s original Bid and incorporated in the Contract Documents or fixed by subsequent agreement between City and Contractor. Unless otheMise stated in the Bidding Documents, unit prices stated in the Contract Documents or agreed upon by the County and Contractor shall be deemed to include and encompass all Allowable l\ilarkups. 3. Time and Materials. By calculating the actualAllowable Costs directly incuned, plus a sum for Allowable Mark-Ups on such Allowable Costs. 4. Deletion of Work. By Unit Prices contained in Contractor's original Bid and incorporated in the Contract Documents, or by using the Schedule of Values to determine the value of the decrease ol the Contract Sum, less the value of any Work performed, plus a reasonable percentage o{ 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 ol Work, the added costs and deleted costs shall be calculated separately, and then added together, resulting in the net cost for the change. The Allowable iilark-Up shall be applied to this net cost. B. Contractor Maintenance of Daily Records tor 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 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 torms provided by Director, to Director that sets lorth 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 lor such Extra Work performed that day showing the names ol workers, their classifications, hours worked and hourly rates. b. lvlatenals. Eouipment. A list ol 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 matenals and tor all equipment used the type of equipment, identification number, ABTICLE 6 GG41 6.06 c hours of operation (including loading and transportation) and hourly/daily rates involved for that day. c. Other Services or ExDenditures. 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, Conkactor shall maintain separate records of labor, construction equipment, materials, and equipment ,or each such change. ln the event that any Subcontraclor of any tier shall provide or perform any portion of any change to the Work, Contractor shall require lhat each such Subcontractor maintain records in accordance with this Section. 3. Each daily record maintained hereunder shall be signed by Contraclor; such signature shall be deemed Contractor's representation and warranty that all intormation contained therein is true, accurate, complete, and relates only to the change relerenced therein. All records maintained by Subcontractors of any tier, relating to the costs of a change in the Work shall be signed by such Subcontracto/s authorized project manager or superintendent. All such records shall be foMarded to the Director on the day the Work 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 ol the day of delivery or incorporation of the particular rtem ol Extra Work at the Site. 4. The Director may additionally require authentication of all time and material tickets and invoices by persons designated bythe Director tor such purpose. ln lhe event that Contractor shall fail or refuse, for any reason, to maintain or make available lor inspection, review, and/or reproduction such records, adjustments to the Contract Sum or Contract Time, il any, on account of any change to the Work may be deemed waived for that day- Contracto/s obligation to maintain back-up records hereunder is in addrlion to, and not in lieu ol, any other Contractor obligation under the Contract Documents wrth respect to changes to the Work. 5. Waiver bv Contractor. Failure to submit such records as are required by this Paragraph daily shall waive any rights lor recovery of Allowable Costs incurred 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 adiustment of the Contract Sum for the Allowable Cost of all or that portion of the Extra Work covered by such non-authenticated ticket or invoice. Allowable Costs The term 'Allowable Costs' shall mean in the case of Extra Work actual costs incurred by Contractor and/or any Subcontractor, regardless of tier, and necessarily involved in direct performance ol 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 GC42 1.Labor. Straighl-time wages or salaries, and overtime wages and salaries specifically authonzed 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 time 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 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. Benelits. Payroll taxes, insurance, health and welfare, pension, vacation, apprenticeship funds and benelits required by lawful collective bargaining agreements for employees on straight-time wages or salaries, and on ovedme wages and salaries specifically authorized by City in writing, tor employees employed at the site, or at fabrication sites otf the site, in the direct perlormance of the Extra Work or that would have been incurred in the direct performance of the deleted work. Matenals. 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 ol deleted work shall be at the lowest price available to Contractor but in no event shall such costs exceed competitive wholesale prices obtainable trom other Subcontractors, suppliers, manufacturers and distributors in the general vicinity ol the site. ll City determines, in its discretion, that the cost of materials is excessive, or if Contractor fails to lurnish satisfactory evidence of the cost lrom the actual supplier thereol, then in either case the cost ol the matenals 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 materials as it deems advisable, and Contractor shall have no claim for costs or profits on materials so lurnished. Material invoices must be included with the extra work report to obtain payment. Taxes. Sales taxes on the costs of matenals and consumable items described in Paragraph 5.04-C.3 above. Tool. Eouioment Rental. Flental charges for necessary machinery and equipment, whether owned or hired, as authonzed in writing by City, exclusive of hand tools, used directly in the perlormance of the Extra Wok or that would have been used in the direct performance of the deleted work. Hegardless ol ownership, such rental charges shall not exceed the houdy 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 1 1, San Jose, California, 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-B, above. The charges lor 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 lhe cost of fuel, power oil, lubrication, supplies, 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 for use of equipment if the equipment is supplied by an equipment rental fim. lf equipment is used intermittently and, when not in use, could be returned to its rental source at less epense 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 Cig. AHTICLE 6 GC.43 4. Costs incurred while equipment is inoperative due to breakdowns, regular maintenance, or for non-Working Days shall not be allowed. The rentaltime shall include the time required to move the equipment to the Work from the nearest available source for rental of such equipment and to retum it to the source. lf such equipment is not moved by its own power, then loading and transportation will be allowed. Neither moving time nor loading and transportation costs will be paid if the equipment is for use on the Project unrelated to the Extra Work. All equipment shall be acceptable to City, in good working condition, and suitable for the purpose for which it is to be used. 6. Rovalties. Additional or saved costs of royalties due to the perlormance ol the Extra Work or deleted work. 7. lnsurance. Bonds. Additional or saved costs of insuraflce and bonds, provided, however, that lor 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 ol the following: 1. Wages, salaries, fringe benefits and payroll taues of Contracto/s and all Subcontracto/s non- craft labor (above a Foreman level); 2. Overhead (including home otfice overhead), administrative or general expenses of any kind including engineering, estimating, scheduling, dratting, detailing, elc., incurred in connection with Extra Work; 3. Vehicles not dedicated solely for the perlormance of the extra of deleted work; 4. Small tools (replacement value not exceeding $500); 5. Office expenses, including secretarial and administratrve staff, matenals and supplies; 6. On-site and off-site trailerand storage rentaland expenses; 7. Site fencing; 8. Utilities, includlng gas, electric, sewer, water, telephone, telefax, copier equipment; 9. Computer and data processing personnel, equipment and software; 10. Federal, state of local business income and franchise taxes; 11. Losses ol etficiency orproductivity; and 12. Costs and expenses of any kind or item not specifically and expressly included in Paragraph 6.06-C. ARTICLE 6 GC-44 6.07 E. Allowable Mark-Up 1. Extra Work bv contractor (Markuo): The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: Labor 33%Materials 15'/. Equipment Rental 15'/. Other ltems and Expenditures 15% 2. Extra Work bv Subcontractor (Markup): When all or any part of the extra work is performed by a Subcontractor, the markup provided lor the Contractor in 6.06.E.1 shall apply to the Subcontractods actual costs. A markup of 5% on the subcontracted portion ol each extra work may be added lor the Contractor. 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 deductive allowable costs, the Allowable l/arkups on the Extra Work will be only the ditference between the two amounts. CITY ORIGINATED REOUEST FOR ITEMIZED CHANGE ORDER PROPOSAL REOUEST 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 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, il any, on unchanged Work, estimates of costs (broken down by the cost categones listed in this Paragraph), and Contracto/s proposed methods to minimize costs, delay, and disruption to the performance of the Work. lf Contractor fails to submit a wntten change order proposal within such penod 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 nol 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. CONTRACTOB ORIGINATED CHANGE ORDER REOUEST (COR) lf the Contractor believes that instructions issued by the City after the effective date of the Contract will result in changes to the Conlract Sum or Contract Time or il the Contractor othenvise becomes aware of the need for or desirability of a change in the Work, Contractor may submit a written Change order Request ("C0H") to the City in writing, in a tormat 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 costs and credits claimed by the Contractor. A Critical Path Method schedule Fragnet is required to suppod and justify any additional time of performance requested by the Contractor. The City will not review any COR which is incomplete. The Contractor may request additional compensation and/or time through a COR but not for instances that occurred more than ten (10) calendar days pnorto 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 written notice shall be deemed a waiver of the right to adjustment ol the Contract Sum or the Contract Time for the alleged change. Any COR that is ARTICLE 6 GG45 6.08 approved by the City shall be incorporated in a Change Order or Construction Change Directive. lf the COH 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. 6.(x) ISSUANCE OF WORK DIRECTIVE (UNILATERAL). In the event of a dispute as to whether or not Extra Work is required, City shall have the right to unilaterally issue a Work Directive; Contractor shall continue performance of disputed Work pending resolution and shall maintain and submit to City all accounting and cost data necessary to substantiate Contracto/s cost of such disputed Work. [END OF ARTICLE] ARTICLE 6 GC-46 7.01 ARTICLE 7-CONTRACT PAYMENTS AND CLAIMS GENERAL A. Payment will be made at the price for each item listed on the bidding torm or as Extra Work as provided in the General Conditions. B. lnitial progress payment will not be made prior to approval by the Director of the Schedule of Values, the Construction Progress Schedule, and the Schedule of Submittals. C. No subsequent progress payment will be made prior to receipt by the Director of the monthly revision of the Construction Progress Schedule. SCHEDULE OF VALUES FOB PAYMENTS A. Submission Upon City's request, the three (3) lowest bidders shall complete and submit a Preliminary Schedule ot Values, within seven (7) calendar days. ln addition, Contractor shall complete and lumish within seven (7) calendar days after receiving the Notice of Award of the Construction Contract a Final Schedule of Values giving a complete breakdown of the Contract Sum for each component of the Work. Content The Schedule of Values shall be in suflicient detail as the Director may, in its discretron, 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 lim ation, a breakdown of the general categories of Subcontractor work, direct overhead, profit and contingency, and a further breakdown of the general categones of Subcontractor rvork into separate trade line items of costs lor Subcontractor services, labor and material, which is based on actual Subcontractor contract, subcontract, purchase order or vendor prices. lf requested by Director, Contractor shall revise the Schedule ol Values to allocate sums for Contractor overhead, profit and/or contingency among the individual line items for trade portions of the Work. No amounts shall be reflected in the Schedule of Values or Application lor Payment for Extra Work or Deleted Work for which a Change 0rder has not been executed by Contractor and City or tor which a Construction Change Directive has not been issued by City. Amounts that have been mutually agreed to by Change Order or unrlaterally 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 sutlicient 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 lor adiustments to the Contract Sum. ABTICLE 7 GC.47 7.02 C. 7.03 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 tairly reflects the actual costs anticipated to be progressively incurred by Contractor, it shall be revised and resubmitted for the Directo/s approval. APPLICATIONS FOR PAYMEMT A. Marked Schedule ol Values Five (5) Days prior to the date set foft in Paragraph 7.03-B below for the monthly progress payment meeting, Contractor shall submit to Director a copy of the proposed Schedule ol Values, marked to show the percentage ol completion certified by Contractor lor each line item in the Schedule ol Values, including any stored materials approved for payment by City pursuant to Paragraph 7.03-D, below and any withholdings lrom Contractor proposed by Director. B. Monthly Review For the purpose ol epediting 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 ol Values prepared in accordance with Paragraph 7.03-A, above. The Director shall revise as appropriate and sign the marked Schedule of Values to verify such review. lf any item in the marked Schedule of Values submitted for payment is disputed during this review, Contractor agrees to use its best etforts 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 appropnate to lhe actual progress ol the Work. No inaccuracy or error in the Directo/s good faith estimate shall operate to release Contractor or Surety trom any responsibility or liability arising from or related to performance of the Work. The Director shall have the right subsequently to correct any error and dispute any rtem submitted in Contracto/s Application for Payment, regardless of whether an item was identified as disputed in the review process provided for herein. C. Certilication Each Application for Payment shall be signed and certified by Contractor under penalty of perjury to City that: '1. the data compnsing the Application for Payment is accurate and the Work has progressed to the point indicated; 2. to the best of Contractor's knowledge, information and beliel, the Work is in accordance with the Contract Documents; 3. Conkactor is entitled to payment in the amount certified; and 4. all sums previously applied for by Contractor on account of Work performed by Subcontractors and that have been paid by City have been paid to the Subcontractors performing such Work, without any retention, withholding or backcharge by Contractor. ABTICLE 7 GC-48 7.04 D. Stored Materials Payments may be made by City, at its discretion, on account of materials or equipment not incorporated into the Work but delivered on the ground at the Site and suitably stored by Contractor or stored off-Site underthe control of City. Such payments shall only be considered upon submission by Contractor 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 considered for payment, matenals 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 lor inspection. City shall have sole discretion to determine the amount of material and equipment that may be stored on the Site at any given time. PBOGRESS PAYMENTS A. Conditions to Progress Payments Contractor shall submit its Application for Payment to the Director, using such forms as required by City, once a month on or before the first (1st) Day of the month following the month in which the Work thal 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 completion 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 for Payment, signed by Contractor, its Subcontractors of every tier, and all material suppliers to each, and (2) forms of unconditional release of stop notice and bond rights upon progress payment, complying with California Civil Code Section 8'134 for all Work performed during the time period covered by the previous Application for Payment, signed by Contractor, its Subcontractors of every tier and all material suppliers to each; 4. compliance by Contractor with its obligation lor maintenance of As-Builts as required by the Contract Documents: 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 obligalions tor submission of scheduling information and updating of the Construction Schedule as required by Article 4, above and other provisions ot the Contract Documents pertaining to preparation or updating of schedule inlormation; 7. submission of certified payroll records as required by the Conlract Documents; ARTICLE 7 GC.49 B 8. submission of certifications by Contractor and each Subcontractor as required by applicable collective bargaining agreemenls certifying that all employee benefit contributions due and owing pursuant to any applicable collective bargaining agreement have been paid in tull; and 9. compliance by Contractor with all of its other obligations for submission of documentation or performance of conditions which, by the terms of the Contract Documents, constitute conditions to Contracto/s right to receive payment for Work performed. Payments by City Pursuant to California Public Contract Code Section 20104.50, City shall make progress payment of undisputed sums due within thirty (30) Days after receipt by Director of an undisputed and properly submitted Application for Payment, calculated on the basis of ninety{ive percent (95%) of value determined pursuant to Paragraph 7.03-8 above ol the following: 1. the portion of the Work permanently installed and in place; 2. plus, the value ol matenals delivered on the ground or in storage as approved by City pursuant to Paragraph 7.03-D, above, 3. less, the aggregate ol previous payments, and 4. less, any other withholdings authorized by the Contract Documents. Reiection by City Any Application Ior 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 reiected. Failure by City or Director to either timely reject an Application lor Payment or specily any grounds for rejection shall not constitute a waiver of any rights by City. Applications for Payment that are rejected shall be corrected and resubmitted within seven (7) Days after receipt by Contractor. lnterest lf City fails to make a progress payment to Contractor as required by Paragraph 7.04-8, above, Cily 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 incurring 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. D. 7.05 FINAL PAYMENT A. Retention In 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 payments shall be withheld by city pursuant to Paragraph 7.04-B lrom each progress payment ("Retention') and retained until such time as it is due as described herein. A higher Hetention amount may be approved by the City Council where project is deemed "substantially complex" by City Council. Conditions to Final Payment ARTICLE 7 GC-50 Contractor shall submit its Application for Final Payment, using such torms 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 foliowing: 1. an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Poject for which City or City's property or funds might be liable have been paid or otherwise satisfied; 2. Contracto/s cedification 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 lorm required by Calilomia Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all material suppliers ol each, covering the Iinal payment period; 6. Unconditional Waiver and Release Upon Progress Payment in the form required by Calilornia Civil Code Section 8'136 executed by Contractor, all Subcontractors of every tier and by all material suppliers of each, covering the previous payment penod; 7. all Record Documents (including, without limitation, complete and accurate As-Built drawings which shall be kept up to date during the perlormance of the Work); 8. documentation that Contractor has inspected, tested, and adjusted perlormance 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 documents; 10. certilications by Contractor and each Subcontractor as required by applicable collective bargaining agreements that all employee benefit contributions due and owing pursuant to any applicable collective bargaining agreement have been pard in full; 1 1. releases of rights and claims relating to patents and trademarks, as required by the Contract Documents; and 12. any other documents or information required by the Contract Documents as a condition ol Final Payment or Final Completion. B. Final Paymenl Pursuant to the Public Contract Code Section 7107, within sixty (60) Days after City issues the Notice of Completion to Contractor, the Final Payment, including Fletention, shall be released to Contractor, subiect to the City's right to withhold 150% of any disputed amounts. ARTICLE 7 GC-51 7.06 C. Disputed 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 150% of any disputed amounts, including, without limitation, amounts to protect City against any loss caused orthreatened as a result of Contracto/s lailing lo 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 constitule a waiver ol 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. 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) ol any Tier. The joint check payees shall be solely responsible for the allocation and disbursement of lunds included as part of any such joint payment. Endorsement on such check by a payee shall be conclusively presumed to constitute receipt ol payment by such payee. In no event shall any joint check payment be construed to create any contract between City and a Subcontractor of anyTier, any obligation from City to such Subcontractor or any third party rights against City or Director. B. Withholding/Duty to Proceed The payment, withholding or retention of all or any portion of any payment claimed to be due and owing to Contractor shall not operate in any way to relieve Contractor from its obligations under the Contract Documents. Contractor shall continue diligently to prosecute the Work without reference to the payment, withholding or retention of any payment. The partial payment, withholding or retention by City in good .faith ot any disputed portion of a payment, whether ultimately determined to be correctly or incorrectly asserted, shall not constitute a breach by City ol the Construction Contract and shall not be grounds for an adiustment of the Contract Sum or Contract Time. C. No Acceptance No payment by City or partial or enlire use of the Wo* by City shall be construed as approval or acceptance of the Work, or any po(ion thereof. D. Contractor Payment Warranty 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 ABTICLE 7 GC.s2 7.07 7.08 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 or enor in any Application for Payment provided by Contractor shall operate to release Contractor from the error, or from losses arising from the Work, or lrom any obligation imposed by the Contract Documents. City retains the right to subsequently correcl any error made in any previously approved Application for Payment, or progress payment issued, by adjustments to subsequent payments. PAYMENTS BY CONTRACTOR Contractor shall not include in its Applicatrons for Payment sums on account of any Subcontracto/s 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 perlorming Work on the Project, out of the amount paid to Contractor on account ot such Subcontracto/s portion of the Work, the amount to which said Subcontractor is entrtled in accordance with the terms of its contract with Contraclorand applicable laws, including, without limitation, California 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 perlormed Work that is included in Contracto/s Application for Payment. Contractor shall, by appropriate agreemenl, require each Subcontractor to make payments to its subcontractors and material suppliers in similar manner. City shall have no obligation to pay or be responsible in any way for payment to a Subcontractor of any tier or matenal supplier. PAYMENTS WMIHELD A. Withholding by City ln addition to any other amounts which City may have the right to relain under the Contract Documents, City may withhold a suflicient amount ol any payment otheMise due to Contractor as City, in its sole discretion, may deem necessary to cover actual or threatened loss due to any of the following: 1. Third Party Claims. Third-party claims or stop notices filed or reasonable evidence indicating probable filing of such claims or stop notices. City shall promptly inform Contractor of any third party claims related to this Contract. 2. Defective Work. Defective Work not remedied; 3. Nonpayment. Failure ol Contractor to make proper payments to its Subcontractors for services, labor, matenals or equipment; 4. lnability to Complete. Heasonable doubt that the Work can be completed for the then unpaid balance of the Contract Sum or within the Contract Time; 5. Violation of Applicable Laws. Failure of Contractor or its Subconlractors to comply with applicable laws or lawful orders of govemmental authonties; ARTICLE 7 GC-53 6. Penalty. Any claim or penalty asserted against City by virtue of Contracto/s failure to comply with applicable laws or lawful orders ol governmental authonties (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 Contracl Time; 8. Setoff. Any reason specified elsewhere in the Contract Documents as grounds for a withholding offset or set off or that would legally entitle City to a set-otf or recoupment; 9. Consultant Services. Additional professional, consultant or inspection services required due to Contracto/s failure to comply with the Contract Documents. 10. Liquidated Damages. Liquidated damages assessed against Contractor 11. Materials. Materials ordered by City pursuant to the Contract Documents. 12. Damages. Loss caused by Contractor oI Subcontractor to City, Separate Contraclors or any other person or entity under contract to City- 13. Clean Up. Clean up performed by City and chargeable to Contractor pursuant to the Contract Documents. 14. Employee Benefits. Failure of Contractor to pay contributions due and owing lo employee benefits funds pursuant to any applicable collective bargaining agreement or trusl agreement. 15. Required Documents. Failure of Contractor to submrt on a timely basis, proper and suflicient documentation required by the Contract Documents, including, without limitation, Construction Schedule updates, 'look ahead' schedules, Submittals, Schedules of Values, information on Subcontractors, Change Orders, certifications and other required reports or documentation. 16- Other Breach. A breach of any obligation or provision ol the Contract Documents. Release ot Withholding It and when City determines, in its sole discretion, that the above grounds tor withholding have been removed and that all losses incuned orthreatened have been paid, credited or otherwise satisfied, then payment shall be made for amounts withheld because of them. Application of Withholding City may apply sums withheld pursuant to Paragraph 7.08-A above, in payment of any loss or threatened loss as City determines, in its sole discretion, to be appropriate. Such payments may be made without a prior judicial determination of City's actual rights with respect to such loss. Contlactor agrees and hereby designates City as its agent lor 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 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. ABTICLE 7 GC-54 7.09 D. ContinuousPerformance Provided City pays the undisputed portion, if any, of funds withheld in good faith, Contractor shall maintain continuous and uninterrupted perlormance of the Work during the pendency of any disputes or disagreements with City. SUBSIMJNON OF SECURTTIES A. Public Contract Code Pursuant to the requirements of Califomia Public Contract Code Section 22300, upon Contracto/s request, City will make payment to Contractor of any funds withheld lrom payments to ensure pertormance under the Contract Documents il Contractor deposits with City, or in escrow with a Califomia or federally chartered bank in Califomia acceptable to City ("Escrow Agenf), securities eligible for the investment of State Funds under Govemment Code Section 16430, or bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City, upon the tollowing conditions: 1. Contractor shallbe the benelicial owner or any secunties substituted for monies withheld forthe purpose of receiving any interest thereon. 2. All expenses relating to the substitution of secunties under Public Contract Code Section 22300 and under this Paragraph 7.04, including, but not limited to City's overhead and administrative expenses, and expenses of Escrow Agent shall be the responsibility of Contractor. 3. Securities or certificates of deposit substituted 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, Contractor, City and Escrow Agent shall, as a prerequisite to such deposit, enter into an escrow agreement, using the City's form,'Escrow Agreement tor Deposit of Secunties in Lieu of Retention.' 5. Contactor shall obtain the written consent of Surety to such agreement. 6. Securities, if any, shall be returned to Conlractor only upon satisfactory Final Completion of the Work. B. Substitute Security To minimize the expense caused by such substitution ol securities, Contractor shall, prior to or at the time Contractor requests to substitute secunty, deposit sufficient secunty to cover the entire amount to be withheld. Should the current market value of such substituted security fall below the amount for which it was substituted, or any other amounts which the City withholds pursuant to the Contract Documents, Contractor shall immediately and at Contracto/s expense and at no cost 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. Secunties shall be valued as often as conditions of the secudties market warrant, but in no case less frequently than once per month. ARTICLE 7 GC.55 c.Deposit of Retentions Altematively, subiect to the conditions set forth in Paragraph 7.04-A above, upon request ot Conlractor, City shall make payment of retentions directly to Escrow Agent at the expense ot Contractor, provided thal Contractor, City and Escrow Agent shall, as a prerequislte 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 lor securities deposited by Conkactor. 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 Subslitrrtion ot Securities Notwithstanding the provision of 7.04 A, B, and C above and Calilomia Public Contract Code Section 22300, the failure of Contraclorto requestthe Substrtution of eligible securities formoniesto be withheld by City within ten (10) days ot the award of Contract to Contractor shall be deemed to be a waiver of all such rights. D. 7.10 CLAIMS A. Arising ot Chim. 1.Scope Change. When Contractor has a claim lor an increase in the Contract Sum or Contract Time due to a scope change which has not yet become final, a tlaim" will be deemed to arise once the Director has issued a decision denying, in whole or in part, the Contracto/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 il, 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 ol 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 etlect, if any with respect to Contracto/s entitlement to an adjustment of the ContEct 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 written notice is required and has been given by Contractor shall be deemed to arise on the date that such wntten notice is received by City Content ol Claim A Claim by Contractor must include all ofthe following: A statement that it is a Claim and a request for a decision on the Claim; A detailed description of the act, error, omission, unloreseen condition, event or other circumstance giving nse to the Claim. ARTICLE 7 GC-56 1. 2. 4. ll the Claim involves an adjustment to the Contract Sum or Contract Time due to a change in scope, a statement demonstrating that all requisite notices were provided, including, without limitation, timely written notice and a Change order Request as required by Article 6 ol these General Conditions and timely notice of delay and request for extension of time in accordance with Article 3. ll the Claim does not involve an adjustment to the Contract Sum or Conlract l'ime due to a change in scope, a statement demonstrating that a notice ol intent to file the Claim was timely submined 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 ol 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, wntten documentation demonstrating that Contractor has complied with the requirements of the Contract Documents and written substantiation (including, without limitation, a Time lmpact Analysis) demonstrating that Contractor is entitled to an extension ol time under the Contract Documents; and A wntten certification signed by a managing officer of Contractor's organization, who has the authority to sign contracts and purchase orders on behalf of Contractor and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certification, in the Iollowing form: "l hereby certify under penalty of periury that I am a managing officer of (Contractor's name) and that I have reviewed the Claim presented herewith on Contractoas behalf and/or on behalf of (Subcontracto/s name) and that, to the bes't of my knowledge after conducting a diligent inquiry into the facts of the Claim, the following statements are lrue and correct: The facts alleged in or that form the basis lor the Claim are, to the best of my knowledge following diligent inquiry, true and accurate; and, (a) | 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 tor money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records (including those maintained by Contractor and by any Subcontractor, of any tier, that is asserting all or any portion of the Claim) and confirmed with reasonable certainty that the losses or damages suffered by Contractor and/or such Subcontractor were in fact suftered in the amounts and for the reasons alleged in the Claim; and, (c) I have, with respect to any request lor extension of time or claim of delay, disruptron, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules (including those maintained by Contractor and the Subcontractor, of any tier, that is asseding all or any portion of the Claim) and conlirmed on an event-by-event basis that the delays or disruption suftered by Contractor and/or such Subcontractor were in facl experienced for the durations, in the manner, and with the consequent etfects on the time and/or sequence of performance of the Work, as alleged in the Claim; and, ABTICLE 7 GC-57 I have not received payment from City for, nor has Contractor previously released City from, any po(ion of the Claim.' Signature: Name: Title: Company Date: Noncompliance Failure to submit any ol the information, documentation or certifications required by Paragraph 7.10- B, above, shall result in the Claim being returned to Contractor without any decision. Submission of Claims '1. Director. Claims shall be first submitted to the City for decision by the Director. 2. Continuous Work. Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, unless otheruise directed by City, Contractor shall not delay, slow or stop performance of the Work, but shall diligently proceed with per{ormance 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 ol this Paragraph 7.10-D, which shall be considered conditions precedent to Contractor's right to assert the Claim and to initiate the Dispute Resolution Process with respect to such Claim. Response to Claims, Meet and Confer 1. Claims less than $50,000. Claims less than $50,000 shall be responded to by City in writing within forty{ive (45) days of receipt of the Claim, unless City requests additional information or documenlation ot 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 inlormation 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 ol the Claim, in which case City shall respond to the Claim within thi(y (30) days after receipt of the lurther 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-58 (d) D. E F. 3. l\ileet and Confer. ll Contractor disputes City's response, or it 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 ol 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 conter for settlement ol the issues in dispute. Upon such demand, City shall schedule a meet and confer conference within thiry (30) days of such demand, for discussion of settlement of the dispute. Finalig ot Decision It Contractor disputes the Directods decision under this Article, it shall commence the Dispute Resolution Process as set forth in Article 15 of these General Condttions by filing a Statement of Dispute within seven (7) days after receipt of the Directo/s response. Continuing Contract PerformancdDuty to Proceed with Disputed Work Contractor shall not delay or postpone any Work pending resolution of any claims, disputes or disagreements. Pending linal 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 perlormance pending resolution of the dispute and shall maintain the accounting and cost data to substantiate the cost of such disputed work. IEND OF ARTICLE] ARTICLE 7 GC-59 G. 8.04 ARTICLE 8. MATERIALS AND EOUIPMENT GENERAL A. The Contractor shall fumish all materials and equipment needed to complete the Work and installations required under the terms of this Contract, except those materials and equipment specified to be fumished by the City. B. The Contractor shall submit satisfactory evidence thatthe matenals 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 specilically covered in the Specrfications shall be the best of their kind. Unless otheMise speci{ied, all materials and Euipment incorporated in the Work under the Contract shall be new. QUAL]TY AND WORKMANSHIP All material and equipment fumished 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 matenals and equipment must be of the specrlied quality and equal to approved samples, if samples have been required. All Work shall be done and completed in a thorough, wo*manlike manner, notwithstanding any omission from the Specifications or Drawings, and it shall be the duty of the Contractor to call attention to apparent errors or ornissions and request instructions before proceeding with the Work. The Directormay, by appropriate in$ruclions, correct enors and supply omissions, which instructions shallbe binding upon the Contractor as though contained in the onginal Specilications or Drawings. All Work performed under the Specifications will be inspected by the Director as provided in Panagraph 8.04. All materials and equipment fumished and allWork 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 rqected, and if so ordered by lhe Director, shall, at the Contracto/s epense, be immediately removed from the vicinity of the Work. TPADE NAMES AND 'OR APPROVED EQUAL' PROVISION Whenever in the Specifications or Drawings the name or brand of a manufactured adicle 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 clurse of completion, the Contractor may substitute any other brand or manufacture of equal appearance, quality, and utility on approval ol the Director, provided the use of such brand or manufacture involves no additional cost to the City. APPROVAL OF MATERIALS A. The Contractor shall fumish without additional cost to the City such quantities ol construction matenals as may be required by the Director for test purposes. He/she shall place at the Direclo/s disposal all available tacilities 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 lo be submitted with the bids unless othenvise speci{ied. B. Each sample submitted shall be labeled. A letter, in duplicate, submitting each shipment of samples shall be mailed lo 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 ABTICLE 8 GC{0 8.02 the Contractor, the Specifications number and title, and a reference to the applicable Drawings and Specif ications paragraphs. C. Materials orequipment 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 ol 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 matenal to pass the specified tests, including life cycle maintenance data may be sutficient cause for refusal to consider under this Contract, any further sample of the same brand or make of that material. ORDEBING MATERIALS AND EOUIPMENT One copy of each ol 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 the City. Materials and equipment purchased locally will, at the City's discretion, be inspected at the point of manuracture or supply, and materials and equipment supplied from points outside the LosAngeles area willbe inspected upon arnvalatthejob, except when other inspection requirements are provided for specific matenals in other sections of the Contract Documents. AUTTIORITY OF THE OIRECTOR A. On all questions conceming the acceptability ot materials or machinery, the classification of materials, the execution of the Work, and conflicting inlerests of Contractors performing related work, the decision of the Director shall be final and binding. B- The Director will make periodic observations of matenals and completed work to observe their compliance with Drawings, Specifications, and design and planning concepts, but he/she is not responsible for the supenntendence of conslruction processes, 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. INSPECNON All materials lumished and work done underthis Contract will be subject to rigid inspection. The Contractor shall fumish, without extra charge, the necessary test pieces and samples, including facilities and labor Ior obtaining them, as requested by lhe Director. The Direclor, 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 manulactured or the work perlormed. 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 Contractor is permitted or directed to do night work or to vary the penod 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 fumrshed 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 materials or supplies agreed to be fumished under this Contract, and should the Contractor, hi$her agents, ARTICLE 8 8.06 servants, or employees, or any of them, be enjoined from fumishing or using any invention, process, equipment, article, matenals, 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,linish, suitability, and market value, and satisfactory in all respecls 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, equipmenl, adicle, materials, supplies, or appliances, as may by this Contract be required to be supplied and used, in that event the Contractor shall at hisiher expense pay such royalties and secure such valid censes as may be requisite and necessary to enable the City, its officers, agents, seruants, 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 accountthereof. Should the Contractor neglecl or refuse promptlyto makethe substilution 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 nght 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 remver the amount thereof from him,her and higher surety, notwithstanding final payment under this Contract may have been made. [END OF ABTICLE] ARTICLE 8 GC{2 9.01 GENERAL A. ARTICLE 9 - SUBMITTALS The Contractor shall submit samples, drawings, and data for the Directo/s approval which demonstrate fully that the construction, and the matenals and equipment to be fumished will comply with the provisions and intent of the Drawings and Specilications. Specific ems to be covered by the submittals shall include, as a minimum, the following:B. 1. 2. 3. For structures, submit all shop, settrng, equipment, miscellaneous iron and reinforcement drawings and schedules necessary. For conduits, submit a detailed layout of the conduit with details of bends and fabncated specials and tumish any other details necessary. Show location of shop and field welds. For equipment which requires electrical service, submit detailed information to show power supply requirements, wiring diagrams, control and proteclion schematics, shop test data, operation and maintenanc€ procedures, outline drawings, and manufacture/s recommendation of the intedace/interlock among the equipment. For mechanical equipment submit all data pertinent to the installation and maintenance of the equipment including shop drawings, manutacture/s recommended installation procedure, detailed installation drawings, test data and curves, maintenance manuals, and other details necessary. Samples Colors Substitutions Manuals 4. 6. 7. 8. 9.V2 9. As-built drawings 10. Safety plans required by Article 10 PRODUCI HANDLING A. Submrttals shall be accompanied by a letter of transmittal and shall be in stnct accordance with the provisions of this Article. B. Submit priority of processing when appropriate. SCHEDULE OF SUBMITALS A. The Conkactor shall prepare and submit a schedule of submittals. The schedule of submittals shall be in the form of a submittal log. Refer to Paragraph 9.12. ARTICLE 9 9.04 SHOP DRAWNGS A. All shop drawings shall be produced to a scale sufticiently 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. Heproductions ol City/Contract Drawings are not acceptable. C. lhe overall dimensions ol each drawing submitted to the Director shall be equal to one of the City's standard sheet sizes as listed below. The title block shall be located in the lower right hand comer ot each drawing and shall be clear of all line Work, dimensions, details, and notes. Sheet Sizes Heioht X Width 11',X8112', 11'.X 17', 24',X 36" fi"x42', coL0Rs Unless the precise color and pattem are specilied elsewhere, submit accurate color charts and pattem charts to the Director for hidher review and selection whenever a choice of color or pattem is available in a specifred product. Label each chart naming the source, the proposed location of use on the pqect, and the proiect. MANUFACruRERS' LIEBATURE Where contents of submitted lterature from manufacfurers includes data not pertinent to the submittal, cleady show which portions of the contents are being submitted for review. SUBSTTruTONS A. fte Contract is based on the materials, equipment, and methods described in the Contract Documents. Any Contractor proposed subslrtutions are subiecl to the Direc{o/s approval. The Director will consider proposals for substitution ol matenals, equipment, and methods only when such proposals are accompanied by tull and mmplete lechnical 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 wrthin forty{ive (45) calendar days from the lssuance Date on the Notice to Proceed. Othenvise, such requests will not be considered. C. Trade names and "or approved equal" provision as set forth in Paragraph 8.03. MANUALS A. When manuals are required to be submitted covering items included in this Work, prepare and submit such manuals in approximately 8-1/2'X 11'format in durable plastic binders. In add ion, manuals shall be submitted in electronic format. Manuals shall mntain at least the following: 1. ldentification on, or readable through, the front cover stating general nature of the manual. ARTICLE 9 GC64 9.07 2. Neatly typewntten index near the front of the manual, lumishing immediate inlormation as to location in the manual of allemergenry data regarding the installation. 3. Complete instructions regarding operation and maintenance of all equipment involved. 4. Complete nomenclature ol ail replaceable parts, their pad numbers, current cost, and name and address of nearest vendor of parts. 5. Copy of allguarantees and wananties issued. 6. Copy of drawings wlth all data conceming changes made during construction. B. Where contents of manuals include manufacturers' catalog pages, clearly indicate the precise items included in this installation and delete, or othenflise clearly indicate, all manulacturers' data with which this installation is not concemed. 9.09 A$BUILT DRAWINGS A. When required to be submitted covenng items included in this Work, the Contractor shall deliver to the City one complete set of final As-Buitt hard copy drawings together with a set of AutoCAD dnwing files in electronic tormat showing completed building, 'as-builf for City records before the Contract will be accepted by the crty. B. The drawings shall be duplicates and at the same size and dimensional scale as the originals. 'ltey shall be on i polyester tftmslucent base materialwith a minimum sheet thickness of .003 inch (.08mm). C. The legibility and contrast of each drawing submitted to the City shall be such that every line, number, letter, ind character is cleady readable in a full size blow back from a 35 mm microtilm negative of the drawing. 9.10 SUBMTITALSOUANTITIES A. Submrt seven (7) clpies of all data and drawings unless specitied otheMise. B. Submit all samples, unless specilied otherwise, in the quantity to be retumed, plus two, which will be retained by the Director. 9.11 IDEiMFTATON OF SUBMTTTALS Completely identify each submittal and re-submrttal by showing at least the lollowing intormation: A. Name and address of submitter, plus name and telephone number of the individual who may be contacted for further information. B. Name of prqect as it appears in the Contract Documents and Specification No. C. Drawing number and Specifications section number other than this section to which the submittal applies. D. Whether this is an onginal submittal or re-submittal. E. For samples, indicate the source of the sample. ARTICLE 9 GG65 9,12 SCHEDULEOFSUBMTTTALS A. Submit initial schedule of submittals within five (5) Working Days atter the lssuance Date on Notice to Proceed. B. Submit revised schedule of submittals within five (5) Working Days alter date of request from the Director. C. The Director will revlew schedule of submittals and will notity Contractor that schedule is acceptable or not acceptable within five (5) Working Days after receipt. 9,13 COORDINATIONOFSUBMTTTALS A. Pnor to submittal lor the Directois 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 signfy by stamp, or other means, that they have been secured. 4. Clearly indicate all deviations from the Specifications. B. Unless othenvise specilically permitted by the Director, make all submittals in groups containing all associated items; the Director may reject partial submittals as not complying with the provisions of the Specifications. 9.14 NMING FOB SUBMTTTALS A. Make all submittals far enough in advance ol scheduled dates of installation to provide all required time tor reviews, for securing necessary approvals, lor possible revision and re-submittal, and for placing orders and secunng delivery. B. ln scheduling, allow at least'15 Working Days forthe Directo/s review, plus the transit time to and from the City oflice. C. Manuals shall be submifted priorto performing functional tests. 9,15 APPROVALBYCtrY 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 Contractor marked "No Exceptions Taken," "Make Corrections Noted - Do Not Flesubmit,' or "Make Corrections Noted - Resubmit.' iranuals, schedule of costs, and as-built drawings will be retumed for re-submrttal if incomplete or unacceptable. B. Submittals marked "Approved as Noted" need not be resubmitted, but the notes shall be followed. C. lf submittal is retumed for correction, it will be marked to indicate what is unsatisfactory. ARTICLE 9 GC{6 D. Hesubmit revised drawings or data as indicated, in five (5) copies. E. Approval of each submittal by $e Director will be general only and shall not be construed as: 1. Permitting any departures from the Specifications requirements. 2. Relieving the Contraclor of the responsibility for any errors and omissions in details, dimensions, or of other nature that may exist. 3. Approving departures from additional details or instructions previously lumished by the Director. 9.16 CHANGESTOAPPROVEDSUBMTTALS A. A re-submittal is required for any proposed change to an approved submrttal. Changes which require re-submittal include, but are not necessanly limited to, drawing reMsions, changes in materials and equipment, installation procedures and test data. All r+submittals shall include an explanation of the necessity lor the change. B. Minor conections to an approved submittal may be accomplished by submitting a "Conected Copy". [END OF AHTICLE] ARTICLE 9 GC{7 ARNCLE 10-SAFETY 10.01 PROTECNON OF PERSONS AND PROPERTY 10.02 PHOTECTION FROM HAZARDS Contracto/s Responsibility: Notwithstanding any other provlsion ol the Contract Documents, the contractor shall be solely and completely responsible for conditions of the iob site, including safety of all persons and property, dudng perlormance of the Work. This requirement will apply continuously and willnotbe limited to normalwo*ing hours. Safety and sanitary provisions shallcontorm to allapplicable Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of these are in conflict, the more stringent requirement shall be followed. Sanitary Facilities. The Contractor shall fumish and maintain sanitary tacilities by the worksites for the entire construction period. Protection of the Public. lhe Contractor shall take such steps and precautions as his/her operations wanant to protect the public from danger, loss of life, Ioss of property or intenuption of public services. Unforeseen conditions may arise which will require thal immediate provisions be made to protect the public irom danger or loss, or damage to ltfe and property, due directly or indirectiy to prosecution of work under this contract. Whenever, in the opinion of the Director, a condition exists which the Contractor has not taken sutlicient precaution of public safety, protection of utilities and/or protection of adjacent structures or property, the Director will order the Contractor to provide a remedy for the condition. lf the Contractor lails to acl on the situation within a reasonable time period as determined by the Director, or in the event of an emergency situation, the Director may provide suitable protection by causing such work to be done and matenal to be lumished 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 incurred by the City for emergency repairs will be deducted from the linal payment due to the Contractor. B. B. 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 of caving ground during the excavation of such trench. Such plan shall show the details of the design ol shoring, bracing, sloping or other provisions to be made for worker protection dunng such excavation. No suCh phn shallallow the use of shoring, sloping orprotective system less etlective than that required by the Construction Safety orders of the Division ol Occupational Safety and Health, and if such plan vrries from the shoring system standards established by the Construction Safety 6rders, the plan shall be prepared and signed by an engineer who is registered as a Civil or Structural Director in the State of Califomia. Confined Spaces Contractor shall comply with all of the provisions of Genenl lndustry Safety Orders of the Califomia code of Regulations. Entry of a confined space shall not be allowed until the contractor has received approvalfrom the Director of the Contracto/s program for confined space entry. Confined space means a space that (1) ls large enough and so conligured that an employee can bodily enter and perform assigned Work; and (2) Has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and (3) ARTICLE 1O GC-68 ls not designed lor continuous employee occupanry. Failure to submit a confined space entry program may result in actions as provided in Article 5: 'Suspension or Termination of Contract.' C. MaterialSafety [hta Sheet Contractor shall comply with all ol the provisions of General lndustry Satety Orders of the Calilomia Administrative Code. The Contractor shall submit to the Director a Material Safety Data Sheet (MSDS) toreach hazardous substance proposed to be used, ten (10) days pnor tolhe delivery of such matenals to the iob site or use of such materials at a manulacturing plant where the Direclor is to perform an inspection. For matenals which are to be tested in City laboratories, the MSDS shall be submitted with the sample(s). Hazardous substance is delined as any substance included in the list (Directo/s List) of hazardous substances prepared by the Director, California Department o, Industnal Relations, pursuant to Labor Code Section 6382. Failure to submit an l\,lSDS for any hazardous subs{ance may result in actions as provided in Adicle 5, "Suspension or Termination ol Contract". 10.03 DIFFERING STTE CONDMONS A. Drtferino Site Conditions Defined. The Contractor shall promptly, and before such conditions are disturbed, notify the Director in writing of any Diftering Site Conditions. Differing Site Conditions are those condrtions, located at the project site or in existing improvements and not otherwise 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 feel below the surface of the ground that const ute: 1. Materialthat the funtractor believes may be materialthat is hazardous waste as defined in Section 25117 ol the Heaith and Safety Code, which is required to be removed to a Class l, Class ll, or Class lll disposal srte in accordance with provisions of existing law. 2. Subsur{ace or latent physical conditrons at the site differing materially from those indicated in these Conlract Documents. 3. Unknown physical conditions at the site, of any unusual nature, dfferent matenally from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in these Contract Documents. B. Notice bv Contractor. lf the Contractor encounters conditions it believes constttute Difiering Site Conditions, then notice of such conditions shall, before such conditions are disturbed, be promptly reported to the Director followed within twenty{our (24) hours by a fufter wntten notice stating a detailed description ol the conditions encountered. C. The Director will promptly investigate the conditions and lf he/she linds that such conditions do materially difler, or do involve hazardous waste, and do cause an increase or decrease in the Contracto/s cost of, or time required for, perlormance of any part of the Work under this Contract, an equitable adjustment will be made, as determined by the Director. D. Chanqe Order Reouest. lf Contractor intends to seek an adjustment to the Contract Sum or Contract Time based upon Diftering Site Conditions, it must, within ten (10) Days alter the Discovery Date relative to such conditions, submit a Change Order Bequest setting fodh 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 Difiering Site Conditions. ART CLE 1O GC{9 E. Failure to Comolv. Failure by Contractor to strictly comply with the requirements of this Paragraph '10.03 conceming the timing and content of any notice ol Diflering Site Conditions or request for adiustment in Contract Sum or Contracl Time based on Diffenng Site Conditions shall be deemed waiver ol any nght by the Contractorfor an adjustment in the Contract Sum or Contract Time by reason ol such conditions. F. Final Completion. No claim by the Contractor tor additional compensation for Differing Site Condttions shall be allowed if asse(ed after Final Payment. G. ln the event of disagreement between the Contractor and fie Director whether the conditions do materially difler or whether a hazardous waste is involved or whether the conditions cause an increase or decrease in the Contracto/s cost of, or time required for, performance of any 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 Contrac{ Documents. H. 'Tte Contractor shall retain all rights provided by, and shall be subject to all requirements of, this Contract which pertain to the resolution of disputes and protests. l. Contractor Responsibiliw. Except as otheruise provided in this Paragraph 10.03 tor Ditfering Site Conditions, Contractor agrees to solely bear the nsk of additional cost and Delay due to concealed or unknown conditions, sur{ace or subsurface, at the Site or in Existing improvements, without adjustment to the Contract Sum or Contract Time- TRAFFIC FEGUIjTION A. During the performance of the Work the Contractor shall erect and maintain necessary temporary fences, bridges, nilings, lights, signals, barriers, or other safeguards as shall be appropnate underthe 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, traftic control. Traffic control shall be conducted in accordance with the latest edition of the Work Area Traflic Control (ryVATCH') 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 lunsdiction and that conforms to all requirements of the Specifications. C. No changes or deviations from the approved detailed tratlic control plan shall be made, except temporary changes in emergency situations, without pnor approval of the City Traffic and Transportation Administrator and all agencies having jurisdiclion. Contractor shall immediately notify the Director, the City Traflic and Transportation Administrator and the agencies having lurisdiction of occunences that necessrtate moditication of the approved traffic controlplan. D. Contracto/s lailure to comply with this provision may result in actions as provided in Article 5: "Suspension or Termination of Contracf of these General Conditions. ARTICLE 1O GC-70 10.05 TRAFFICCONTROLDEVICES A. Trafiic signs, flashing lights, banicades and other traftic sfety devices used to control kaffic shall conlorm to the requirements of the WATCH handbook or the manual of traflic control, whichever is more stringent, and as approved bythe Crty 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 nighttime conditions shall be reflectodzed or illuminated. "Reflectorized signs" shall have a reflectorized background and shall conform to the cunent State ol Califomia Department ol Transportation specification for rellective sheeting on highway signs. B. lf the Contractor fails to provide and inslall any of the signs or tratfic conlrol devices required herby or ordered by the City staff, statf may cause such signs or tnaffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. 10.06 EXECImON A. The Contractor shall provide wfltten notification to the Police Department, Tratfic Bureau at 4305 Santa Fe Avenue, Vemon, CA 90058, at least two (2) weeks prior to the beginning ol construction at any particular location. Notification will include the specific location, prqect dates, what lanes of the oadway will be closed and when. Also the constructon project manage/s name and business phone number and the construction inspecto/s name and business phone number. B. The Contractor shall notity, by telephone, the Police Department, (323) 583'88'11 extension 351 at the completion of any postrng 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 thal posting, will be present to answer pertinent questions that may be asked by the parking enlorcement ofticer or police olficer towing the vehicles. C. The Contractor shall notify the Vemon Fire Department, on a dailv basis during the entire penod that construction is in progress whenever roadways are reduced in width or blocked. Notification shall be made to the Fire Dispatch (323) 583-8811 extension 351 and the Contractor shall provide the information required to identity which roadways would have accessibility problems due to higher operations. The Contractor shall submit to Fire Depadment schedule of Work tor their use and tiles. D. Roads subject to interference from the Work covered by this Contract shall be kept open, and the fences subiect to interference shall be kept up by the Contractor unlil the Work is finished. Except where public roads have been approved for closure, traffic shall be permitted to pass through designated traffic lanes with as little inconvenience and delay as possible. E. Where altemating one-way traffic has been authorized, the maximum time that traffic will be delayed shall be posted at each end ol the on+way tralfic section. The maximum delay time shall be approved by the agency having jurisdiction. F. Contractor shall install temporary tral{ic markngs where required to direct the flow of traffic and shall maintain the tratlic markings tor the duration of need. Contractor shall remove the markings by abrasive blasting when no longer required. ARTICLE 1O GG71 G. Convenient access to driveways and buildrngs 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 condtion. H. When leaving a Work area and entering a roadway carrying public tralfic, the Contraclo/s equipment, whether empty or loaded, shall in all cases yield to public traffic. 10.07 FLAGGING A. Contractor shall provide flaggers to control traffic where required by the approved traffic control plan. 1. Flaggers shall perform their duties and shall be provrded with the necessary equipment in accordance with the cunent "lnstructions to Flaggers" of the Califomia Department of Transportalion. 2. Flaggers shall be employed full time on traflic control and shall have no other duties. 10.08 PEDESTRIAN CANOPIES OF BARBICADE IMPROVEMENTS Refer to City of Vemon for requirements for building or access road salety improvements that the Contractor shall construct dunng construction period. These devices or improvements, as the City deems necessary or prudent, shall be at the expense of the Contractor. [END OF ARTICLE] ART CLE 1O ARTICLE 11 .INDEMNITY 11.01 INDEMNITY To the maximum extent permitted by law, the Contractor shalllully indemnify, hold harmless, protect, and defend the City, its olficers, employees, agents, representatives and their successors and assigns ('lndemnitees")from and against any and all demands, liability, loss, suit, claim, action, cause of action, damage, cost, judgment, settlement, decree, arbitration award, stop notice, penalty, loss ol revenue, and expense (including any fees ol accounlants, attomeys, experts or other professionals, and costs of investigatron, mediation, arbitration, litigation and appeal), in law or in equ y, of every ktnd and nature whatsoever, arising out of or in connection with, resulting lrom or related to, or claimed to be arising out of the Work performed by Contractor, or any of its ofiicers, 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, or death to any persons; B. Infringement of any patent rights, licenses, copyrights or intellectual property which may be brought against the Contractor or City arising out of Contractor's Work, tor which the Contractor is responsible; C. Stop notices and claims for labor perlormed or matenals used or fumished to be used in the Work, including all incidental or consequential damages resulting to City lrom such stop notices and claims; D. Failure ol Contractor or its Subcontractors to comply with the provisions for insurance; E. Failure to comply with any Govemmental Approval or similar authorization or order; F. l\ilisrepresentation, misstatement, or omission with respect to any statement made in or any document fumished by the Contraclor in connection therewith; G. Breach of any duty, obligation, or requirement under the Contract Documents; H. Failure to provide notice to any Party as required under the Contract Documents; l. Failure to protect the property of any utility provider or adjacent property owner; or J. Failure to make payment of all employee benelits. This indemnity provision is etfective regardless of any prior, concurrent, or subsequent active or passive negligence by lndemnitees, except that, to the limited extent mandated by Califomia Civil Code Section 2782, the Cbntractor shall not be responsible for liabilities which arise from the sole negligence or willful misconduct ol lndemnitees or arise from the aclive negligence ol City. 11,V2 ENFORCEMENT Contractois obligations under this A(icle extend to claims occurring after termination of the Contracto/s performance of the Contract 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 Agreement to indemnify an lndemnitee for claims arising from the sole active negligence or willful misconduct of the lndemnitee or independent contractors who are directly responsible to lndemnitees. Contraclods obligations under this Article are in addition to any other rights or remedies which the Indemnitees may have under the law ARTICLE 11 GG73 or under lhe Contract Documents. ln the event of any claim, suit or demand made against any Indemnitees, the City may in rts sole discretion reserve, retain or apply any monies due to the Contractor under the Contract for the purpose of resolving such claims; provrded, however, that the City may release such lunds if the Contractor provides the City with reasonable assurance of protec'tion ol the Cty's interests. The City shall in its sole discretion determine whether such assurances are reasonable. 1l.M NOLIMIATIONS Contractois indemnification and defense obligations set forth in this Article are separate and independent lrom 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 Contraclor, a Subcontractor, anyone directly or indirectly employed by them, or anyone lor 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, disabil y benefits acts, or other employee benelits acts. IEND OF ARTICLE] ARTICLE 1,I GC.74 ARTICLE 12 - INSURANCE 12.01 CONDMONTOCOMMENCEMENT Contractor shall not commence Work under this Contract until Contractor has obtained all insurance required hereunder trom a company or companies acceptable to City, nor shall the Contractor allow any Subcontractor to commence Work on a subcontract untrl all insurance required of said Subcontractor has been obtained. Proof ol insurance including insurance cediticates and endorsements as set lorlh in Exhibit 4 must be submitted by the Contractor pnor to the City's executron of the Contract. 12.02 MINIMUMCOVERAGEANDLIMITS Contractor shall maintain the insurance coverage as set forth in Exhibit 4 throughout the term of the Contract. 12.03 CONDIrONS REGAHDING INSUBANCE COVEBAGE AND LIM]IS City and Contractor agree as follows: A. All insurance coverage and limfts provided pursuant to the Contract Documents shall apply to the full extent of the policies involved, available or applicable. Nothing contained in the Contract Documents or any other agreement relating to City or its operations limits the application ol 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 subm ted to City and approved in writing by the Crty Attomey or City's Risk Manager. 12.U INSURANCE OBLIGATION IS SEPARATE FROM INDEMN]TY OBUGANON This Agreement's insurance provisions: A. Are separate and independent trom the indemniticatron and delense provisions in Artrcle 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 ARTICLEI ARTICLE 12 GC-75 ARTICLE 13 - BONDS 13.01 BEOUIREDBONDS A. Contractor shall fumish the lollowing bonds: 1. A Performance Bond in an amount EUalto one hundred percent (100%)of the totalContract price in the form shown in Exhibit "l" attached hereto. 2. A Payment Bond (Labor and Material) in an amount equal to one hundred percent (100o/") of the total Contract price in the lorm shown in Exhibit "2" attached hereto. 3. A Maintenance Bond in an amounl 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 accompanied by a power of attomey from the surety company authorizing the person executing the bond to sign on behalt of the company. Il the bonds are executed outside the State of Calrlomia, all copies ol the bonds must be countersigned by a Califomia representative ol the surety. The signature of the person executing the bond on behalf of Surety shall be acknowiedged by a Notary Public as the signature of the person designated rn the power of attomey. 13.03 APPROVEDSURETY All bonds must be issued by a Calilomia 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 be deemed accepted unless specifically rejected by the City. Bonds issued lrom admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in Califomia Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attomey lrom 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 Califomia, all copies of the bonds must be countersigned by a Califomia representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attomey. 13.04 REOUIBEDPROVISIONS Every bond must display the suretys bond number and incorporate the Contract for construction of the Work by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration, or modification ol the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of the Contract Documents- 13.05 NEWORADDITIONALSURETIES lf, during the continuance of lhe Contracl, any of the sureties, in the opinion of the City, are or be@me non- responsible or otheMise unacceptable to City, City may require other new or additional sureties, which the Contractor shall fumish to the satislaction of City within ten (10) days after notice, and in default thereof the ABTICLE 13 Contract may be suspended and the materials may be purchased or the Wo* completed as provided in Article 5 herein. 13.06 WAIVEB OF MODIFICATIONS AND ALTERATIONS No modificatrons or alterations made in the Work to be performed underthe Contract orthe time of perlormance shall operate lo 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 approved by City. City's decision as to the acceptability ol all sureties and bonds is final. No substitution of the form of the documents will be permitted without the pnor written consent of City. [END OF ARTICLE] ARTICLE 13 GGN ARTICLE 14. LABOR PROVISIONS 14.01 WORKING HOURS A. Work or activity of any kind shall be limited to the hours from 7:00 a.m. to 7:00 p.m. No construction noise shall be permitled between the hours of 7:00 p.m. and 7:00 a.m. of the next day. B. 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. C. Night, Sunday and Holiday Work. No Work shall be perlormed at night, Sunday, or the ten (10) legal holidays to wit: New Yea/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 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 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 provided. "Nighf as used in this paragraph shall be deemed to include the hours from 7:00 P.M. to 7:00 A.M. of the next succeeding day. 14.02 COST OF OVERTIME CONSTRUCNON SERVICES AND INSPECTIONS A. Oertime construction Work perlormed at the optron of, or for the convenience of, the Contractor will be inspecled 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 Crty, and submrtted to the Contractor lor payment. B. Equipment, materials, or services provided by the City, in connection with ContractoFinitiated overtime construction Work described in Paragraph '14.02(A), will also be at the epense of the Contractor. The charges will be determined by the City, and submitted to the Contractor for payment. C. 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 WTft STATE LABOR COOE A. Contractor shall comply wilh 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 restncted to eight (8) hours during any one-calendar day, and 40 hours during any one-calendar week. 2. Work performed by employees ot the Contractor in excess of eight (8) hours per day, and 40 hours during any one calendar week, shall be permitted upon compensation lor all hours worked in excess ol eight (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 to the Division of LaborStandards Enforcement of the State of California. 4. ln the event City deems Contractor is in violation of this Paragraph 14.03, the Contractor shall, as ARTICLE 14 GC-78 a penalty, torfeit Filty Dollars ($50.00) tor each worker employed in the execution of the Contract by the Contractor or by any Subcontrac{or for each calendar day for which the employee was underpaid in addition to an amount sutficient to recover underpaid wages. For each subsequent violatron, a (one hundred dollar) $'100 penalty shall apply for each underpaid employee for each pay period lor which the employee Ras underpaid in addition to an amount suftioent to cover underpaid wages. lhis subparagraph is eflective to the extent it does not directly conflict with the overtime penalty provision of Calitomia Labor Code Section 558. ln the event of such conllict, the Califomia Labor Code govems over this Paragraph 14.03(AX4). 14.04 WAGE HATES A. Prevailing Wages 1. Contractor shall comply with fie general prevailing rates ol per diem wages and the general prevailing rates for holiday and overlime 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 California (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 perlormed. The rates are available online at www.dir.caooviDlsRiHffD/. To the extent that there are any differences in the federal and state prevailing wage rates for similar classifications ol labor, the Contractor and its Subcontractors shall pay the highest wage rate. 2. The Conlractor shall post a copy of the general prevailing rate ot 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 of the Contract. 4. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining Contract applicable to the particular craft, classification, or type of worker employed on the proiect. 5. The Contractor shall, as a penalty to the State or the City, for{eit not more than Fifty Dollars ($50) for each calendar day, or podon thereof, for each worker paid less than the prevailing rates for the Work or craft in which lhe worker is employed under the Contract by the Contractor or by any Subcontractor under him. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or po(ion 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/her of any wage rate in excess of the general prevailing rates. All disputes in regard to the payment of wages in excess of those specified herein shall be adjusted by the Contractor al 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 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 ABTICLE 14 GC-79 connection with 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 streel 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 Direclor, the Contrac{or shall provide a copy of the certified payroll records along with a statement of compliance. 14.05 APPRENIICESHIPSTANDARDS A. Compliance with Califomia 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 perlormed 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 Subcontractors to submit a copy of said forms to the City. 2. Employ apprentices for the public work at a ratio of no less than one (1) hour or apprentice work for every five (5) hours or labor performed by a joumeyman. To request dispatch of apprentices, use Form DAS-142 from the State Department of lndustrial Helations. 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 prqects only to those apprentices who are registered, as defined in Labor Code Section 3077. 4. Contnbute to the training fund in the amount identilied in the Prevailing Wage Rate publication forjourneyman and apprentices. Contractors rvho choose not to contribute to the local training trust fund must make their contributions to the California Apprenticeship Council, P.O. Box 420603, San Francisco, CA 94142. B. Failing to comply with the provisions of California Labor Code Section 127.5 may result in the loss of the right to bid on all public works projects 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 matenal tor each of his/trer Subcontractors. C. Payroll Records. The Conlractor 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 certified and shall be submitted to the Prqect Manager every two weeks. D. Statement of Employer Fringe Benelit Payments. Within five (5) calendardays 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, ABTICLE 14 GC80 vacation funds or makes pension contributions. The Iorm 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. Crty reserves the nght to rEuire Contractors and Subcontractors to submit a copy ol 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 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 tor noncompliance in the Labor Code of the State ol Calilomia and any amendments thereof. 14.07 CHARACTEROFWORKERS The Contractor shall not allow his,/heragents or employees, Subcontractors, or any agent or employee thereof, to trespass on premises or lands in the vicinity of the Work. Only skilled loremen and workers shall be employed on Work requiring special qualifications, and when required by the Director, the Contractor shall discharge any person who commits trespass, or in the opinion of the Director, acts in a disorderly, dangerous, insubordinate, incompetent, or othenrvise 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 I.ABOR 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{oot distance from- the Site, which is a "place of employment" under Calilomia Labor Code $ 6404.5. [END OF ARTICLE] ARTICLE 14 GC-81 ARTICLE 15. DISPUTE RESOLUTION 1s.01 suBMrsstoN oF cLAtMs A.By Contractor Contracto/s nght to commence the Claims Dispute Hesolution Process shall anse upon the Directo/s written response denying all or part of a Claim. Contractor shall submit a wriften Statement of Dispute to the Director within seven (7) Days after the Director relects all or a portion of Contractor's Claim. Contracto/s Statement of Dispute shall be signed under penalty ol perjury and shall state with specilicity the events or circumstances giving rise to the Claim, the dates ol their occunence and the eftect, if any, on the compensation due or performance obligations of Contractor underthe Construction Contracl. Such Statement of Dispute shall include adequate suppoding data to substantiate the disputed Claim. Adequate supporting data lor a Claim relating to the adiustment of the Contracto/s obligations relative to time of perlormance shall include a detailed, event-by-evenl descriplion of the impact of each delay on Contracto/s time for performance. Adequate suppoding data to a Statement ol Dispute submitted by Contractor involving Contracto/s compensation shall include a detailed cost breakdown and supporting cosl data in such form and including such detailed inlormation 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 Process shall arise at any time following the City's actual discovery of the circumstances giving rise to the Claim. Nothing contained herein shall preclude City from asserting Claims in response to a Claim asserted by Contractor. A Statement of Dispute submitted by City shall state the events or circumstances giving rise to the Claim, the dates of their occurrence and the damages or other relief claimed by City as a result of such events. Claims Defined The term "claims" as used herein shall be as defined in Califomia Public Contract Code S 20104(bX2). CLAIMS DISPUTE RESOLUNON PHOCESS The padies shall utilize each of the following 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 farth effort shall be a condition precedent to the right of each pary to proceed to the next step in the Claims Dispute Hesolution Process. Direct 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 eftort 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 asseded by such party, and with full authonty to resolve such Claim then and there, subject only to City's right and obligation to obtain City Council lor other City oflicial] approval of any agreed settlement or resolulion. In the Claim involves the assertion ot 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 parties may either continue the negotiations or either party ARTICLE 15 GC-82 B. c. may declare negotiations ended- AII discussions that occur during such negotiations and all documents prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to Califomia Evidence Code Sections 1 119 and 1152. B. Defenalof Claims Following the mmpletion of the negotiations required by Panagraph 15.02-A., all unresolved Claims, except those that do not involve parties other than the Contractor and Cty, shall be delened 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 elecl to proceed with the Claims Dispute Resolution Process priorto Final Completion of the Work, all Claims that have been deferred until such Final Completion shall be consolidated within a reasonable time a{tersuch FinalCompletion and thereafter pursued to resolution pursuantto the Claims Dispute Resolution Process. Nothing contained in this Artrcle 15 shall be interpreted as limiting the parties' rights to continue informal negotiations of Claims that have been deferred 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 Completron of the Work. C. Legal Proceedings lf the Claim is not resolved by direct negotiations then the party wishing to fudher pursue resolution or determination of the Claim shall submit the Claim for determination by commencing legal proceedings in a court of competent jurisdiction. 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 aIe the basis ol a Claim were previously waived by Contractor due to failure to clmply [,ith the Contract Documents, including, without limitation, Contracto/s failure to comply with any time periods for providing notices or for submission or supporting documentation of Claims. IEND OF AHTTCLEI ARTICLE 15 GC-83 ARNCLE 16. ACCOUNTING RECORDS 15.01 MAINTENANCEOFRECORDS Contractor shall keep, and shall include in its contracts with its Subcontractors, provisions requiring its Subcontractors to keep full and detailed books and records in accordance with the 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 relatrng to the Project or the performance ol the Work, including, without mitation, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, change orders, change order requests, eslimates, field orders, schedules, diaries, logs, reports, shop drawings, samples, exemplars, Drawings, Specifications, invoices, delivery tickets, receipts, vouchers, cancelled checks, memoranda; accounting records; job cost repo(s; job cost files (including complete documentation covering negotiated settlements); backcharge; general ledgers; documentation of cash and trade discounts earned; insurance rebates and dividends, and olher documents relating in way to Claims or Change Orders, Construction Change Directives, Work Directives, or other claims for payment related to the Prolect asserted by Contractor or any Subcontractor ("Accounting Records'). Contractor shall exercise such controls as may be necessary for proper linancial management of the Work. Such accounting and control systems shall comply with prevailing custom and practice for similar prqects, 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 penod as may be required by applicable laws. 16,M ACCESSTO RECOBDS Contractor shall allow, and shall include in its contracts with its Subcontractors provisions requiring its Subcontractors to allow, City and its authonzed 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 16.0'1, above. 16.03 CONTHACTOR NONCOMPLIANCE. WMIHOLDING Contractor'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, In addition to and without limitation upon Crty's other rights and remedies lor 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 BYCITY Contractor agrees that any tailure by Contractor or any Subcontractor to provide access to its books and records as required by this Article 16 shall be specilically 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. IEND OF AHTTCLEI ART CLE 16 GC-84 ARTICLE 1 7-MISCELLANEOUS PROVISIONS 17,01 COMPLIANCE WTH APPLICABLE LAWS Notices, Compliance Contractor shall give all notices required by govemmental authonties and comply with all applicable laws and lawful orders ol govemmental authorities, including but not limited to the provisions of the Califomia Code ol Regulatrons applicable to contractors performing construction and all laws, ordinances, rules, regulations and lawful orders relating to safety, prevailing wage and equal employment opportunities. Taxes, Employee Benef its Contractor shall pay at ils own expense, at no cost to the City and without adjustment to the Contract Sum, all local, state and lederal taxes, including, without limitation all sales, consumer, business license, use and similartaxes on materials, Iabor or other items fumished Iorthe Work or podions thereof provided by Contractor or Subcontractors, alltaxes arising out of its operations under the Contract Documents and all benefits, insurance, taxes and contnbutions 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 transaction 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 documents necessary to show that is a political subdivision of the State for the purposes of such exemption and that lhe sale is for the exclusive use of the City, rn which case no excise tax lor such materials shall be included in the Bid or Contract Sum. Notice ol Violations Contractor shall immediately notify the City and Director in wnting of any instruction received from the City, Direclor, Architect or other person or entity that, if implemented, would cause a violation of any applicable law or lawful order of a governmental authority. lt 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 ol the Drawings and Specifications or Work are at vanance with applicable laws or lawful orders ol govemmental authonties, or should Contractor become aware of conditions not covered by the Contract Documents which will result in Work being at vanance therewith, Contractor shall promptly notify Director in writing. lf, without such notice to Director, Contractor or any Subcontractor performs any Work whrch it knew, or through the exercise of reasonable care should have known, was contrary to lawful orders of govemmental authonties or applicable laws, then Contractor shall bear all resulting losses at its own expense, at no cost to City and without adjustment to the Contract Sum. 17.02 OWNERSHIP OF DESIGN DOCUMENTS A. Property of City All Design Documents, Contract Documents and Submittals (including, without limitation, all copies thereol) and all designs and building designs depicted therein are and shall remain the sole and exclusive property of the City and the City shall solely and exclusively hold all copyrights thereto. Without derogatron the City's rights under this Paragraph, the Contractor and Subcontraclors are granted a limited, non-exclusive license, revocable at will of City, to ARTICLE 17 GC-85 c. use and reproduce applicable pofions of the Contract DoqJments and Submittals as appropriate to and tor use in the execution of the Work and for no other purpose. B. Documents on Site Contractor shall keep on the Project site, at all times and for use by Crty, Director, lnspectors of Record and City's Consultants, a complete set of the Contract Documents that have been approved by applicable Govemmental Authorities. C. oelivery to City All Design Documents, Contract Documents and Submittals in the possession of Contractor or Subcontractors shall be retumed to the City upon the eadier of Final Completion or termination ol the Construction Contract; provided, however, thal Contractor and each Subcontractor shall have the right to retain one (1) copy ol the Contract Documents and Submittals for its permanent records D. Subcontractors Contractor shall take all necessary sleps to assure that a provision is included in all subcontracts with Subcontactors, of everytrer, who perform Work on the Project establishing, protecting and preserving the, City's rights set forth in this Paragraph. 17.03 AMENDMENTS The Contract Documents may be amended only by a written instrument duly executed by the parties or their respective successors or assigns. 17.04 WAIVER Either party's waiver ol any breach or failure to enlorce any of the terms, covenants, 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 compel strict compliance with every term, covenant, condition or other 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. 17.05 INDEPENDENTCONTBACTOR Contractor is an independent contractor, and nothing contained rn the Contract Documents shall be construed as constituting any relationship with City other than that of Prolect owner and independent contractor. 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 ol City. Except as othenrvise specified in the Contract Documents, Contractor has sole authority and responsibility to employ, discharge and othen /ise control its employees and has complete and sole responsibility as a principalfor its agents, for all Subcontractors and lor all other Persons that Contractor or any Subcontractor hires lo perform or assist in performing the Work. 17.06 SUCCESSOBSANDASSIGNS The Conlract Documents shall be binding upon and inure to the benefit of City and Contractor and their permitted successors, assigns and legal representatives. ARTICLE 17 GC.86 A. City may assign all or part of its right, title and interest in and to any Contract Documents, including ghts 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 City's obligations, duties and liabilities under the Contract Document then in effect; and (b) any other Person with the prior written approval of Contractor. B. Contractor may collaterally assign its rights to receive payment under the Contract Documents. Contractor may not delegate any of its duties hereunder, except to Subcontractors as expressly otherwise permitted in the Contract Documents. Contracto/s assignment or delegation of any of its Work under the Contract Documents shall be ineftective to relieve Contractor of its responsibility for the Work assigned or delegated, unless City, in its sole discretion, has approved such relief from responsibility. Any assignment of money shall be subject to all proper set-otfs and withholdings in favor of City and to alldeductions provided for in the Contract. Allmoney withheld, whether assigned or not, shall be subject to being used by City for completton 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 involuntanly assign, convey, transfer, pledge, mortgage or othenrvise encumber its rights or interests under the Convact Documents. No partner, joint venturer, member or shareholder of Contractor may assign, convey, transfer, pledge, mortgage or otherwise encumber its ownership interest in Contractor without the pnor wntten consent ol City, in City's sole discretion. 17.07 SURVTVAL Contractor's representations and warranties, the dispute resolution provisions contained in Arlicle 15, and all other provisions which by their inherent character should survive termination ol the Contract and/or Final Acceptance, shall survive the termination of the Contract and the Final Acceptance Date. 17.08 LIMITATION ON THIRD PARW BENEFICIARIES It is not intended by any of the provisions of the Contract Documents to create any third party beneficiary hereunder or to authorize anyone not a party hereto to maintain a suit ror 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 Subcontractor or any other Person except Contractor. 17.09 PEBSONAL LIABILITY OF CTTY EMPLOYEES City's authorized representatives are acting solely as agents and representatives of City when carrying out the provisions of or exercising the poweror authority granted to them underthe Contract. They shall not be liable either personally or as employees of City for actions in their ordinary course of employment. No agent, consultant, Council member, oflicer or authorized employee of City, shall be personally responsible for any liability arising under the Contract. ARTICLE 17 GC-87 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 ofticer, agent, or employee of city under any provisions of the Contract from at any time (either before or after the final completion and acceptance of the work and payment therefor) pursuant to any such measurement, estimate or certitlcate showing the true and correct amount and character ol 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 certificate is untrue and incorrect, or improperly made in any particular, or that the work and materials, 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 ol the State of Califomia govern the construction and interpretation of the Contract Documents, without regard to conllict of law principles. Unless the Contract Documents provide otherwise, any reference to laws, ordinances, rules, or regulations include their later amendment, modifications, 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, Califomia, orwhere otheMise appropriate, in the United States District Court, Central District of calitomia. contractor and city acknowledge that the contract Documents were negotiated, entered into, and executed-and the Work was performed-n the City ol Vernon, California- 17.12 FURTHERASSUBANCES 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 assuranc€s 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 lor such clause, provision, section, paragraph or part, which shall, to the greatest extent legally permissible, eflect the original intent of the parties, including an equitable adjustment to the Contract Price to account for any change in the Work resulting from such invalidated portion; and (b) if necessary or desirable, apply to the court or other decision maker (as applicable) which declared such invalidity for an interpretation of the invalidated portion to guide the negotiations. The invalidity or unenforceability of any such clause, provision, section, paragraph or part shall not aflect the validity or enforceability of the balance of the Contract, which shall be construed and enlorced as it the Contract did not contain such invalid or unenforceable clause, provision, section, paragraph or part. 17.14 HEADINGS The captions of the sections ol the Contract are lor convenience only and shall not be deemed part of the Contract or considered in construing the Contract. ARTICLE 17 GC-88 17.15 ENTIRE AGREEMENT The Contract Documents conlain the entire understanding of the parties with respect to the subject matler hereof and supersede all prior agreements, understandings, statements, representations and negotiations between the parties with respect to its subject matter. 17,16 COUNTERPABTS This rnstrument may be executed in two or more counterparls, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [END OF AHTICLE] ARTICLE 17 GC.89 1. EXHIBIT 1 Bond No.: Premium Amount:$ Bond's Etfeclive Date: PERFORMANCE BOND RECITALS: The City of Vemon, Calilomia ('Citf), has a,r/arded to (Name, address, and telephone of Contractor) ("Principal"), a Contract (the "Conlract") for lhe Work described as follows: No. (E07 in Vernon, CA. 2. Principal is required under the terms of the C,ontract- and all conlracl documents referenced in it ('Contract Documents')- to tumish a bond guaranteeing Principal's faithful performance of the Work. 3. The Contract and Contracl Documents, including all their amendments and supplements, are incorporated into lhis Bond and made a part of it by this relerence. OBLIGATIOI{: THEHEFORE, for value received, We, Principal and (Name, address, and telephone ol Surety) ("Surety"), a duly admitted surety insurer under Calilomia's laws, agree as follows: By this Bond, We joinlly and s€verally obligate and bind ourselves, and our respective heirs, executors, administrators, successors, and assigns lo pay City the penal sum oI Dollars ($_) ('the Bonded Sum"), this amounl comprising not less than the total C,ontracl Sum, in lawlul money of the United Stales of America. The Califomia Licensed Residenl Agent tor Surety isl THE CONDITION OF THIS BOND'S OBLIGATION lS THAT, if Principal promptly and faithtully pertorms the undertakings, tems, covenants, conditions, and agreements in the Contract and Contract Documents (including all their amendments and supplements), all within the time and in the manner that those documents specity. hen this obligation becomes null and void. otheffiise, this Bond remains in full lorc€ and eflect, and he lollowing terms and conditions apply to ttis Bond: 1. This Bond specitically guarantees P ncipal's pedormance of each obligalion and all obligatrons under the Contract and Contract Documents, as they may be amended and supplemenled- including, but not limiled lo, Principal's liability for liquidaled damages, Warranties, Guarantees, Correction, and l\,laintenance obligations as specified in the Contract and Contract Documents- except that Surety's total obligation, as descdbed here, will not exceed the Bonded Sum. 2. For those obligations ol Principal that survive Final Completion ol the Work described rn the Contract and Contract Documenls, the guarantees in this Bond also survive Final Completion of the Work 3. When Cily declares that Plincipal is in default under the Contract. or Conlract Documents, or both, Surety shall promptly: (a) Iemedy the defaulti (b) complete the Project according lo the Conlract Documents'lems and conditions then in etfecl; or (c) using a procurement methodology approved by City, select a contractor or contractors- acceptable to City- to complete all ol the Work, and arrange for a conlract between the contracto(s) and City Surety shall make available, as the Work plogresses, sufficient funds to pay lhe cost of completion less the balance of the Contract Sum, (Name, address, and telephone) Registered Agent's Califomia Department of lnsurance Licens€ No EXHIBIT 1 - PERFORMANCE BOND.1 ol3 and to pay and perform all obligations of Principal under lhe Contracl and Contract Documents- including other costs and damages for which Surety is liable under this Bond- except lhal Surety's total obligation, as described here, will not exceed the Bonded Sum. 4. An alteration, modification, change, addition, deletion, omission, agreement, or supplement lo the Contract, Confact Documents, or he nature ot the Wo* performed under lhe Contract or ContGct Documents- including, without limilation, an extension ol time lor performance- does nol, in any way, atlect Surety's obligations under this Bond. Surety waives any notice of alteration, modification, change, addition, deletion, omi$sion, agreement, supplement, or extension of time. 5. Sulety's obligations under this Bond are separale, independenl from, and not contingent upon any other surety's guaranteeing Principal's laithful performance of the Work. 6. No right of action accrues on this Bond to any entity other lhan City or its successors and assigns 7. lf an action at la'n or in equity is necessary lo entorce or interpret lhis Bond's terms, Surely musl pay- in addilion lo the Bonded Surn- Cily's reasonable attorneys' lees and litigation cosls, in an amount the courl fixes. 8. Surely shallmailCity written notice at least 30 days before;(a) the etfective date on which lhe Surety will cancel, terminate, or wilhdra'ri kom this Bond; or (b) tlris Bond becomes void or unenforceable for any reason. On the date set fonh below, Principal and Surety duly executed this Bond, wilh lhe name of each party appearing below and signed by its represenlative(s) under the authonty of its goveming body. Date: PRINCIPAL:SURETY: (Company i,lame)(Company Name) (Signature)(Signature) (Name) By: Its: By: Its: (tlame) (Tifle) Address for SeMng Notices or O[Er Documents: Add]ess for Serving Notices or other Documenls: (Titre) COBPORATE SEAL COBPOBATE SEAL . ft{/sBONDttllStBE ECI,IEDNTBIPLEAIE.. EVEE|EE| USI BE AfTAdtED OF TtE AaItttORIrY OF At{Y PEBmN Slctwc AS ATfOnNEY.tt*FACt.. fHE AT|ORNEY-0{+ACrS ffiNAruRE rru$r BE \D|ABZED.. A @Rf0BATE SEAL T[/sI BE frIPREssED ONTIfs FOHI WHENIHE PRll,lCtPAl. OB fHE SIIRETV, OR NfH, AREA@lRrcRATIC,iii|- APPROVED AS TO SUBEW AND AMOUNT OF BONDED SUM: APPROVED AS TO FORM: Director ot Public Works, Water and Development Services City Attorney EXHIBIT 1 - PERFOBMANCE BOND-2 of3 By By STATEOFCALIFORNIA ) )ss.couNrYoF ) On this _ day of before me, BOND ACKNOWLEOGMENT FOR SUBETY'S ATTORNEY-IN-FACT 20-, {name), a Notary Public for said County, personally (name), who proved to me on the basis ofappeared satisfactory evidence to be the person whose name is subscribed to thrs instrument as the attorney rn fact ol and acknowledged to me that he/she subscribed the name of thereto as pnncipal, and his/he own name as attorney in fact. I certity under PENALTY OF PERJURY under the laws ol the Slate ot Calilornia that the loregoing paragraph is true and correct. Notary Public SEAL EXHIBIT 1 - PERFORMANCE BOND-3 ol3 EXHIBIT 2 PAYMENT BOND (LABOR AND MATERIALS) RECITALS: The City of Vemon, Califomia ('Crty"), has awarded to Bond No.: Premium Amount: $ Bond's Effective Dale: 1. (Name, address, ard telephone of Design-Builder) ("Principal"), a Contract (the 'Contract") for the Work described as follows: Specilication No. in Vernon, CA. 2. Principalis required under Califomia ell99d9 Seclions 3247-3248and thetermsofthe Conlracl- and allcontract documents relerenced in it (.C,onkact Documents")- to fumish a bond guaranleeing Principal's paying claims, demands, liens, or suits for any work, labor, services, materials, or equipment fumished or used in the Work. 3. The Conlracl and Conlract Documents, including alltheir amendments and supplements, are incorporated into this Bond and made a parl of il by this reference. OBLIGATION: THEREFOBE, tor value received, We, Principal and (Name. address, aM telephone of Surety) ("Surety'), a duly admitted surety insurer under Calilomia's laws, agree as follows: By this Bond, We jointly and severally obligale and bind ourselves, and our respective hei6, executors, administralors, successors, and assigns to pay Cily the penal sum ot Dollars ($-) (lhe Bonded Sum"), this amount mmprising not less than the total Conkact Sum, in lawful money ol lhe United States of America. The Califomia Licensed Besident Agent for Surety is: (Name, address, and telephone) Regislered Agent's Califomia Department oI 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 Calilomia Civil Code Section 3181, or any successor legislation; (b) any amount due under Califomia's Unemolovment lnsurance eggE, or any successor legislation, for work or labor performed under the Contract or Conlracl Documents; or (c) any amounl under lhglplgytrCllhsUlAlgg @!q Section 13020, or any successor legislation, thal Principal or a subconlraclor must deduct, withhold, and pay over to the Employment Development Depadmenl from the wages of its employees, lor work or labor performed under the Contract or Contracl Documenls, then Surety shall pay for the same in an amount nol-lcexceed the Bonded Sum. Othenrise, this obligation becomes null and void. While this Bond remains in tulllorce and eflecl, the following lerms and conditions apply t0 this Bond: 1 Tlis Bond inurcs h the beneft of any oI the persons named in California Civil Code Seclion 3181 , or any slEcessor legslatim, gMng hose percom or tEir assigns a dghl of adixl in any suit horght upon lhis Bond, ur ess Calitomia elyi! @19 Section 3267, or any successor legislation, applies. 2. An alteration, modificalion, change, addilion, deletion, omission, agreement, or supplementto the Contract, Conlract Documents, or the nature of the Work performed under the Contract or Contracl Documents- including, without EXHIBIT 2 - PAYMENT BOND.1 ot3 limitation, an exlension of time for performance- does not, in any way, atfect Surety's obligations under this Bond. Surety waives any notice ofalteration, modification, change, addition, detelion, omission, agieement, supplement, or extension oI time. 3. Surety's obligalions under this Elond are separate, independent lrom, and not contingent upon any olher surety's paying claims, demands, liens, or suits lor any work, labor, services, materials, or equipmenl furnished or used in the Work. 4. lf an action at law or in equity is necessary to entorce or interpret this Bond's terms, Surety musl 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 written nolice at least 30 days b€lore: (a) lhe effective date on which the Surety will cancel, terminate, or withdraw trom 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) underthe authority of its goveming body. Date: PRINCIPAL:SURETY: (Company Name)(Company Name) (Signature)(Signature) By:By: lls:Its: (Name)(Name) (Iiue) (Iitle) Address for Serving tl,otices ol otler Documer s: Address fol Serving Notices or oth€| Documenb: CORPORATE SEAL CORPORATE SEAL . THBBOttDttUStBE ECIIIEDNTHH-EAIE.. ErIDETrcE MUS| BE ATfACtiED OF rtiE At lrlo TY OF ANY PERsptt Stctwc # ATIORttEY.tttrACt.. fHE Aff@NEt {.FACfS ffiNAru/RE Er BE NOTARZED.. A@Rp0BAIESEAL ET BE fiTPPESSED ON TT#6 FOf,t-I WHENIIIE PBfrfrPAI- OBTI/E SI]REfl, OR WTH, AREA@RrcRAI'o4I APPROVED AS TO SUREW AND AMOUNT OF BONDED SUM: APPROVED AS TO FORM: Director ol Public Works, Water and Development Services City Attorney EXHIBIT 2 - PAYI!ENT BOND-2 of3 By By BONO ACKNOWLEDGMENT FOR SUREW'S ATTORNEY.IN.FACT STATE OF CALIFORNIA COUNTY OF On this _ day of 20-, before me, appeared , and acknowledged to me that he/she subscribed the name of as principal, and his/he own name as attomey in fact. SS (name), a Notary Public lor said County, personally (name), who proved to me on the basis of satislactory evidence to be the person whose name is subscnbed to this inskument as the attorney in fact of thereto I certity under PENALTY OF PEBJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public SEAL EXHIBIT 2 - PAYI,ENT BOND-3 of 3 1. EXHIBIT 3 Bond No.: Premium Amount:$ Bond's Ettective Dale: MAINTENANCE BOND RECITALS: The City of Vemon, Califomia ('City"), has awarded to (Name, address, and telephone of Conlractor) (.principat"), a Conlract (the "Contract') for the Woft described as follows: Specitication No. in Vemon, CA. 2. Principal is required under the terms oI the Conlract- and all contract documents reterenced in it ('Contracl Documents')- after completion of the Work and before the filing and recordation of a Notice ol Completion for the Work, lo fumish a bond to secure claims foI Maintenance equalto ten percent (10%) of the lotal amount ol the Conlract Which shall hold good lor a period of one (1) year lrom the date the City's Nolice of Completion and Acceptance of the Work is filed with the County Recorder, lo protect the City against the result of faulty material or workmanship during that lime. 3. The Conlract and Crntract Documents, including all their amendments and supplements, are incorporated inlo this Bond and made a part of il by this relerence. OBLIGATION: THEBEFOBE, for value received, We, Principal and (Name, address, and telephone of Surety) ("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, execulors, adminislrators, successors, and assigns to pay City the p€nal sum ot Dollars ($ ) ("the Bonded Sum'), this amount comprising not less lhan the tolal Conlract Sum, in lawful money ofthe United States of America. The Califomia Licensed Resident Agent for Surety is: (Name, address, and telephone) Begislered Agenl's Califomia Department of lnsurance License No. THE CONDITION OF THIS BOND'S OBLIGATION lS THAT if the said Principal or any ot his or her or its subcontractors, or the heirs, executors, administrators, successors, or assigns or assigns of any, all, or either olthem, shall fail to execute within a reasonable amount of time, or fail to respond wilhin seven (7) days with a written schedule acceptable to the City for same, repair or replacem€nt of any and all Work, together with any other adjacenl Wo* whidr may be displaced by s6 doing, that proves lo be defective in ils wortmanship or material for the period of one (l) year (except when olhenidse required in the Conlracl lo be for a longer period) lrom the date the C[y's Notice of Completion and Acceptance, or equivalent, isfiled with the County Recorder, ordinarywearand lear and unusualabuse or neglect excepted with respect to such Woft and labor, the Surety herein shall pay for the same, in an amount nol exceeding he sum specified in this Bond. 1 When City declares that Principal is in delault under the Conlract, or Contract Documents, or both, Surety shalt promplly remedy the default using a procurement methodology approved by City, select a contractor or contraators- acceptable to City to complete all of lhe Work. and arrange for a contract between the conlracto(s) and City Surety shall make available sufficienl funds to pay the cost ol reparr or replacement of any and all Work and to pay and pertorm all obligalions of Principalunderlhe Conlracland Contract Documents- includjng othercosts and damagealor which Surety is liable undel this Bond exceplthat Surety's total obligation, as desc bed here, will notexceed the Bonded Sum. EXHIBIT 3 - MAINTENACE BoND-1 of3 2 Should he condition ol lhis bond be fully performed, hen tlris obligalion shall become null and void, ohe ise il strall be and remarn in fullforce and eftect. 3. Surety, IoI value received, hereby stipulates and agrees that no change, extension ol time, alteration, or addition to the terms olsaid Confactor to lhe Work to be performed thereunder or lhe specifcalions accompanying the same shallin any manner af,ect its obligations on lhis bond, and it does hereby ,xaive notice of any such change, exlension, alleration, or addition. 4. Surety's obligations under this Bond are separate, independent from, and not contingent upon any olher surety's guaranteeing Principal's laithlul performance of the Work. 5. No right of action accrues on this Bond to any entity other lhan City or its successors and assigns. 6. ll an action at lavJ or in equity is necessary to enforce or interpret lhis Bond's terms, Surety must pay, in addition to the Bonded Sum, City's reasonable attomeys' lees and litigalion cosh, in an amount the court fixes. 7. SuIety shall mail City written notice at least30 days belore: (a) the etfective dale on which the Surety will cancel, terminate, or wihdraw from this Bondi 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 fonh below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representative(s) under lhe authority ol its goveming body. Date: PRINCIPAL:SUREW: (Company Name)(Company Name) (Signalure)(Signature) By:By: Its:Its: (Name)(Name) (Tifle) fTide) Address lor Serving Notices or Other D,ocuments: Address br Serving Notices ot other ooc-uments: CONPORAIE SEAL CORPORATE SEAL . f[//s NMIruST BE AEAfiEDNIHftICATE. EtllIEtEE MEr 8E ATIAdIED OF fllE AuI/IA fY trAVYPEFSOMIITUT{G ASATtOpNEytN+ACt.. tE ATlORtlEYll+ACrS ffiNAfl/EE MEr 8E NOIAMED.. A @ffiOBAtE SEAL t Er BE MqRESSED ON fHS rcffit WHEN TtlE qRINC/P,N- OR TtE SuREflt, OR NtH, ARE A @RPOBAIAN APPROVED AS TO SUHETY & AMOUNTOF BONDED SUM: APPROVED AS TO FORM: Bv By Dkector of Public Works, Water and Development City Attorney EXHIBIT 3 - MAINTENACE BOND-2 of 3 Services BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY.IN.FACT STATE OF CALIFORNIA ) )ss.couNwoF ) 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 lact of and acknowledged to me that he/she subscribed the name of thereto as principal, and hivhe own name as attomey in fact. I certity under PENALW OF PERJUBY under the laws of the State ol Calitornia that the loregoing paragraph is true and correct, Notary Public SEAL EXHIBIT 3 - MAINTENACE BOND-3 of 3 EXHIBIT 4 INSURANCE REOUIREMENTS 1.0 REOUIRED INSURANCE POLICIES At its own expense, Contractor shall obtain, pay for, and maintain - and shall require each of s Subcontraclors to obtain and maintain - for the duratiofl of the Agreement, policies ol insurance meeting the following requirements: A. Workers' Compensation/Employer's Liability lnsurance shall provide workers' compensation statutory benefits as required by law. 1 . Employels Liability insurance shall be in an amount not less than: (a) ONE MlLLloN DOLLARS ($1.000.000) per accident Ior bodily inlury or disease; (b) ONE MILLION DOLLAHS ($1,000.000) per employee for bodily injury or disease; and (c) ONE MILLION DOLLAHS ($1.000.000) policy limit. B. Commercial General Liability ("CGL") (primary). City and its employees and agents shallbe added as additional insureds, not limiting coverage for the additional insured to bngoing operations' or in any way excluding coverage for completed operations. Coverage shall apply on a pnmary, non{ontributing basis in relation to any other insurance or sell-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 endonsement 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 ot liability specified as follows: (a) ONE MILLION DOLLAHS (S1.000.000) per occunence for bodily iniury (including accidental death) to any one person; (b) ONE MILLION DOLLABS ($1,000.000) per occunence for peconal and advertising injury to any one person; (c) ONE MILLION DOLLARS ($1.000,000) per occunence for property damage; and (d) TWO MILLION DOLLARS ($2,000.000) general agEregate limit. 2. CGL insurance must include all major divisions of coverage and must cover: (a) Premises Operations (including Explosion, Collapse, and Underground p(,C,Ul coverages as applicable); (b) lndependentContractodsProtective; (c) lndependentContraclors; ExHlBlT 4-INSURANCE REOUIREIIENTS - 1 ol6 (d) Products and Completed Operations (maintain same limits as above untilfive (5) years after recordation of Notice ol Completion) (e) Personaland Advertising lnjury (with Employe/s Liability Exclusion deleted); (f) Contractual Liability (including specified provision for Contracto/s obligation under Article 1 1 of the General Conditions); and (g) Broad Form Property Damage. 3. Umbrella or Excess Liability lnsurance (over primary), if provided, shall be at least as broad as any underiying coveage- Coverage shall be provided on a lay on behaf basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no contracto/s limitation endorsement. The policy shall have stading and ending dates concunentwith the underiyrng coverages. The Named lnsured may determine the layering ol primary and excess liability insuranc€ provided that if such layering ditfers lrom that described here, the actual covenage program meets the minimum total required limits and complies with all other requirements listed here. C. Business Automobile Liability lnsurance 1. Business Automobile Liability lnsurance must cover all vehides, whether rented, leased, hired, scheduled, owned or non-owned. lf Contraclor 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 amounls 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 MILLION DOLLAHS ($1.000.000) per occurrence for property damage; or (c) ONE I\IILLION DOLLARS ($1.000.000) combined single limit. D. Contractors Pollution Liability lnsurance (CPL) 1. Contractor or Subcontractor shall obtain, pay for, and maintain forthe duration of the Contract Contractors Pollution Liability insurance that provides coverage |or liability caused by pollution conditions arising out of the operations of the Contraclor. Coverage shall be included on behalf of the insured for covered claims arising out ol the actions of independent contractors. lf the insured is usng Subcontractors, the policy must include work perlormed 'by or on behalf of the insured. 2. the policy 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 iniury; property damage, including loss of use ol damaged property or of property that has not been physically inured; cleanup costs; and costs of defense, including costs and e&enses incuned in the investigation, defense, or seftlement of claims. EXHIBIT4-INSUHANCE REOUIREMENTS-2of 6 3. Allactivities contemplated in the Contract shall be specifically scheduled on the CPL poliry as lcovered operations." ln addition, the policy shall provide coverage for the hauling of waste from the Proiect site to the final disposal location, including nonowned disposal sites. 4. The policy shall specifically provide for a duty to defend on the part of the insurer. City, its otficers, employees and agents shall be added to the policy as additional insureds by endorsement. E. Builde/s Risk lnsurance 1. Buildeis Risk Insurance covering all real and personal property lor hll risks" of loss or "comprehensive perils coverage including but not limited to the penls of earth movement including earthquake and flood for all buildings, structures, fixtures, materials, supplies, machinery and equipment to be used in or incidentalto the construction atthe site, off site, or in transit, lor the tull replacement value of such properties. Coverage shall be included for property of others in the care, custody or control of the insured for which any insured may be liable. The City will purchase a builde/s risk policy for the Pojecl instead of a contractor purchased policy. Bidder should not include cost lor this coverage in his/her bid. 2.0 GENERALREOUIREMENTS_ALLPOLICIES A. oualifications of lnsurer. At all times during the term of this Contract, Contracto/s insurance company must meet all of the following requirements: f. iAdmitted' insurer by the State of Califomia Department of lnsurance or be listed on the Califomia Department of lnsurance's "List of Surplus Line lnsurers' ('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 after the Final Payment, and if reasonably available, Contractor shall submit to City, with the final Application lor 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 subiect to City's review and approval, in its sole discretion. D. Commercral General Liability and Business Automobile insurance policies must be written on an "occunence' basis and must add the City of Vemon and its otficers, agents, employees and representatives as additional insureds. E. Contracto/s lnsurance Pnmary. other insurance (whether primary, excess, contingent or self- insurance, or any other basis) available to City, or its representatives, or both, is excess over Contractor's insurance. City's insurance, or self-insurance, or both, will not contribute with Contractor's insurance policy. F. Waiver of Subrogation. Contractor and Contraclo/s insurance company waive- and shall not exercise- any nght of recovery or subrogation that Contractor or the insurer may have against City, or its representatives, or both. EXHlElT 4 - INSURANCE BEQUIREMENTS - 3 ol6 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 ol 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 ol bodily injury, personal iniury, advertising injury, or property damage. l. Premiums. City is not liable lor a premium payment or anolher expense under Contracto/s policy J- At any time dunng the duration of this Contract, City may do any one or more of the following: 1. Heview this Agreement's insurance coverage requirements; 2. Bequire that Contractor oblain, pay for, and maintain more insurance depending on City's assessment of any one or more of the {ollowing tactors: (a) City's risk of liabilig 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 ol 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 tor an insurance coverage) from a Califomia corporate surety, guaranteeing payment to City for liability, or costs, or both, that City incurs during Citys investigation, administration, or defense of a claim or a suit ansing out of this Agreement; or K. Contractor shall maintain the insurance policy without interruption, from the Poject's commencement date to the Final Payment date, or until a date that City specifies lor any coverage that Contractor must maintain atter the Final Payment. L. Contractor shall 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 rts insurance policy's expiration, cancellation, termination, or non-renewal, Contractor shall deliver to City evidence of the required coverage as proof that Contractor'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 certrlied copy of the insurance policy or policies; certificates, endorsements, renewals, or replacements; and documents comprising Contractor's seltinsurance program- all in a form and content acceptable to the City Attomey or City's Risk i/anager. N. lf Contractor hires, employs, or uses one or more Subcontracto(s) to perform work, services, operations, or activities on Contractor's behalf, Contractor shall ensure that the Subcontractor complies with the following. 1. Meets, and fully complies with, this Agreement's insurance requirements; and EXHIBIT4-INSURANCE REOUIBEMENTS.4of 6 2. Furnishes City at any time upon its request, with a complete copy of the Subcontracto/s insurance policy or policies lor 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. O. Contractor's failure to comply with an insurance provision in this Agreement constitutes a material breach upon which City may immediately terminate or suspend Conkactods pertormance of this Agreement, or invoke another remedy that this Agreement or the law allows. At its discretion and wlthout waiving any other rights it may have pursuant to law, City has the right but not a duty to obtain or renety 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 CEBTIFICATES AND ENDORSEMENTS A. Contractor shall have its insurance carrie(s) or self-insurance administrato(s) complete and execute the lollowing insurance documents and shall deliver said documents at the same time Contractor delivers this Agreement to City. City will neither sign this Agreement nor issue a "Notice to Proceed" until the City Attomey or City's Risk Manager has reviewed and approved all insurance documents. City's decision as to the acceptability of all insurance documents is final. Sample insurance documents in the City's approved format are set fodh in this 4. B. Required Submittals for Commercial General Liability and Business Automobile lnsurance and Contractor's Pollution Liability lnsurance. The following submittals must be on forms satisfactory to the City Attomey or City's Risk l\,lanager, and signed by the insurance carrier or its authorized representative - which fully meet the requirements of, and contain provisions entirely mnsistent with, all of the insurance requirements set forth herein. 1. "Certificate of lnsurance' 2.'AdditionallnsuredEndorsement' 3. Subrogation Endorsement: lvaiver ol Transfer to Rights of Recover Against Others' Both Certificates ol lnsurance and Additional lnsured Endorsements must read as follows: The City of Vemon, and fts officers, agents, employees and representatives are included as additional insureds under the policy(s). This insurance is primary to all other insurance of the City. The City's insurance and self-insurance will apply in excess of, andwill not contribute with this insurance. This insurance applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or a suit is brought. The issuing company shall mail thirty (30) days advance notice to the City for any policy cancellation, termination, non-renewal, or reduction in coverage." C. Required Submittals for Workers' Compensation Insurance. 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\ilanager, and signed by the insurance carrier or its authorized representative - which fully meet the requirements of, and contain provisions entirely consistent with, this Contract's workers compensation insurance requirements. lf Contractor is self-insured lor workers' compensation, a copy of the "Certiticate of Consent to Seltinsure'from the State ol Calilornia is required; or if Contractor is lawfully exempt from workers' compensation laws, an 'Affirmation of Exemption from Labor Code $3700'form is required. D. Required Evidence of Buildeds Risk Coverage. City will provide a certifrcate of insurance and a declarations page on a form satisfactory to the City Atlomey or City's Hisk Manage( and signed by the insurance canier or its authonzed representative. The policy terms must fully meet the reqUirements of, and contain provisions entirely consistent with, allofthe 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, tixtures and materials to be constructed, maintained, repaired or supplied pursuant to this Contract. EXHIBIT4-INSURANCE REOUIBE[TENTS-5of 6 E. Contractor agrees to monitor and review all such coverage and assumes all responsibility lor ensunng that all required coverage is provided. Conlractor agrees to obtain certificates evidencing such coverage. F. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City- G. No liability poliry shall contain any provision or definition that would serve to eliminate secalled third party action ovef claims, including any exclusion tor bodily injury to an employee of the insured or of any conlractor or subcontracto r. H. Any Self-insured retention' must be declared and approved by City. City reserves the right to require the self-insured retention to be eliminated or replaced by a deductible. Se[{unding, policy fronting or other mechanisms to avoid risk transfer are not acceptable. lf Contractor has such a program, Contractor must lully disclose such program to City. EXHIBIT4-INSUBANCE REQUIBEIlIENTS-60t6 EXHIBIT B NOTICE INVITING BIDS For Urban Forest Management Services in the City of Vernon, California Bids are to be signed and submitted in TRIPLICATE. ONE ORIGINAL AND TWO COPIES of sealed btds must be received prior to 2:00 p.m., on December 3, 2015, by the City Clerk, City ol Vemon, 4305 Santa Fe Avenue, Vemon, 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 sutficiently early or deliver in person before 2:00 p.m. on the day listed in the Notice lnviting 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 WLL BE ACCEPTED The bids shall be clearly titled. Copies of the Bid Documents, Plans and Specilications are available at no charge at the Public Works, Water and Development Services Counter, City of Vernon, 4305 Santa Fe Avenue, Vemon, between 7 a.m. and 5:30 p.m., Monday through Thursday. A non+efundable fee of $20.00 will be charged il mailing is requested by calling (323) 583-881 1. A non-mandatory pre-bid meeting to answer any questions regarding the projecl plans and specitications is scheduled tor November 17, 2015 at 10:00 a.m. in the Department of Public Works, Water and Development Services, 4305 Santa Fe Avenue, Vernon, California. This meeting is to answer any questions regarding the project plans and specifications. City ol Vernon Contact Person: Scott B. Bigg Phone: (323) 583-8811 x279 Facsimile: (323) 826-1 435 Email: srigg @ci.vernon.ca.us 1 Mandatory Oualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bidder lails to meet the essential requirements lor qualification. General Scope of Work: Contractor shall lurnish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The City has approximately 1,044 trees that comprise its Urban Forest. The scope ol work includes the pruning, removal, and replacement, ol trees within the City of Vemon's (City) Urban Forest. The Contractor shall prune the entire inventory of lndian Laurel trees an annual basis. Grid No. 2 shall be pruned in year's 1 & 3. Gdd No. 1 shall be pruned in year 2. Moreover, the scope ol work includes the pruning all trees located on City Govemment Facilities, City Owned Housing (front and back yards), and City Owned Aparlments on an annual basis. The City's inventory ol trees is reflected in Section No. 2, Page BF No. 7. The City reserves the right to make changes or moditications to the pruning cycles at its discretion. The addresses of the above-mentioned tacilities are reflected below: Government Facilities Vernon City Hall: 4305 Santa Fe Avenue Public Works Building: 4305 Santa Fe Avenue Gas and Electric Building: 4990 Seville Avenu Petrelli Electric Building: 2323 East Vernon Avenue Fire Station No.2 4301 Santa Fe Avenue Citv Owned Housinq Fruitland Avenue: Vemon Avenue: Furlong Place: 3345 through 3365 3550 through 3560 4321 through 4330 Citv owned Apartments 50h Street: 3376 through 3390 The work shall be done in accordance with the Pruning Standards for the Western Chapter ISA and project specilications, and the "Greenbook" Standard Specifications tor Public Works Construction (2015 Edition), including all supplements thereto issued prior to bid opening date. Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bid lails to document that Bidder meets the essential requirements for qualilication. As part of the Bidde/s Statement of Qualifications, each Bid must establish that: Bidder satisfactorily completed at least tive (5) prevailing wage public contracts in Califomia; each comparable in scope and scale to this Project, within five (5) years prior to the Bid Deadline and with a dollar value in excess ol the Bid submifted for this Project. 2 Other Bidding lnformation: 1. Contract Lenoth: three (3) years 2. Amount of Liquidated Damaqes: $500.00 per calendar day 3. Biddinq Documents. Bids must be made on the Proposal Form contained herein. 4. Acceotance or Beiection ol Bids. The City reserves the right to reject any and all bids, to award all or any individual parUitem of the bid, and to waive any informalities, inegularities 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, lacsimile or electronic bids be accepted by the City. 5. Contracto/s License. At the time of the Bid Deadline and at all times during performance of the Work, including lull completion of all conective work during the Correction Penod, Contractor must possess a Calitornia contractor's license or licenses, current and active, of the classilication required for the Work, in accordance with the provisions ol Chapter 9, Division 3, Section 7000 et seq. of the Bustness and Professions Code. ln compliance with Public Contract Code Section 3300, the City has determined that the Bidder must possess the following license(s): D-49 Tree Service License. The Bidder will not receive a Contract award il at the time of submitting the bid, the Bidder is unlicensed, does not have all ol the required licenses, or one or more of the licenses are not current and active. lf 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 ol 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 ol the remedies in the Contract Documents in addition to those provided by law. 6. Subcontractors' Licenses and Listino. Bidders must list each Subcontractor whom the Bidder must disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and the Bidder must provide all of the Subcontractor information that Section 4104 requires (name, address, license number, and portion of the Work). An inadvertent error in the license number will not be considered nonresponsive if it is corrected within 24 hours after the bid opening. ln addition, the City requires the Bidder to list the dollar value of each Subconkactor's labor or services. The City reserves the right to review and disqualify any proposed Subcontractor. The City's disqualif ication of a Subcontractor does not disqualify a Bidder. ln such case, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly Iicensed and qualified Subcontractor- without an adjustment of the Bid Amount. At ttre time ol 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. 7. Authorizations. Allfees tor City ol Vemon permits shall be waived. 8. 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 cashiels check or certiiied check drawn on a solvent bank, payable to "City of Vernon," for an amount equal to live percent (5%) of the total maximum amount of the Bid. Alternatively, a satisfactory corporate surety Bid Bond for an amount equal to five percent (5%) ol the total maximum amount ol the Bid may accompany the Bid. Said security shall serve as a guarantee that the successlul 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 Conlract Documents. 9. Bid lnevocabilitv. Bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 10. Substitution of Securities. Pursuant to Calilornia Public Contract Code Section 22300, substitution of securities for withheld lunds is permitted in accordance therewith. 1 1 . Prevailinq Waqes. This Project is a "public work" as defined in California Labor Code Section 1 720. Contractor awarded this Contract and all Subcontractors of any tier shall not pay less tiran the minimum prevailing rate of per diem wages lor each craft, classilication, or type of worker needed to perform the Work. The Director of lndustrial Relations ol the State of Califomia, pursuant to the Califomia Labor Code, and the rates determined by the California Director ol Industrial Relations are available online at www,dir.ca.oov/DLSH/PWD/. 12. Pavroll Records. Pursuant to SB 854, Contractor and any Subcontractors shall fumish electronic certified payroll records directly to the Labor Commissioner (aka Division ol Labor Standards Enforcement). 13. Annual Feetothe Deoartment ol lndustrial Relations (DlR). 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 lee to the DlR. This project is subiect to compliance monitonng and enlorcement by the DlR. Mark Whitworth City Administrator Dated: (Authorized by City Attomey) Published: 4 City of Vernon lnstructions lor Bidders Proiect URBAN FOREST MANAGEMENT SERVICES For the Department OF PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES City personnel with whom prospective bidders will deal with are: Scoft B. Rigg, Department ol Public Works, Water and Development Services,4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-881 1 Ext. 279. Bid opening date and time: December 3. 2015 ("Bid Deadline'lat 2:00 p.m. Bids will be received and opened at the Oftice o{ the City Clerk, 4305 Santa Fe Avenue, Vemon, CA 90058 The bid must be received by the City Clerk prior to tfre 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 specilications. Bids must be binding and finn. Any bids may be withdrawn before bid opening, but bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 1. COMTRACTORS LICENSE The Bidder must possess a valid State of Califomia Contractors License in lhe classitication(s) specilied in the Notice tnviting Bids at the time of the Bid Deadline and at all times during the performance ol the Work, except as otherwise provided in California Business and Prolessions Code Section 7028.15. 2. INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND ADDENDA A. ll any Bidder contemplating submitting a Bid is in doubt as to ttre true meaning of any part of the Bidding Documents, or who finds discrepancies, errors or omissions therein or who Iinds variances in any ol 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 identilied 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 lor its prompt delivery to City's Contact Person identifred in the Notice lnviting Bids. Any interpretation or correction will be made only by Addendum issued by the City and a copy of such Addendum will be delivered to all lnterested Bidders of record. Any Addenda 5 4. so issued must be acknowledged in the Bid and the cost of performing Work described in the Addenda shall be included in the Bid. Bidde/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 Specificatons, or for any oral instructions. City reserves the right to e)dend the Bid Deadline by issuing an Addendum to lnterested Bidders no later than 72 hours prior to the Bid Deadline. Bidders shall use complete sets of Bidding Documents in prepanng Bids; City shall not assume responsibility for errors or misinterpretations resulting lrom the use of incomplete sets ol Bidding Documents. B. Copies of Addenda will be made available for inspection wherever Bidding Documents are on lile tor 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 DRAWNGS AND DOCUMENTS Bidder may secure Bidding Documents only from the location specilied in the Notice lnviting Bids. City will maintain a list of persons who obtained a copy of these Specifications ("lnterested Bidders"). Only lnterested 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 inlormal and may cause its rejection. All forms requiring specilic inlormalion shall be completed with all applicable inlormalion lor a Bid to be considered responsive. C. lnclude all Bid Forms, properly executed, and intact on forms provided. Enclose the Bid Forms in a sealed envelope; type or print on lhe envelope "BIDS foi' lollowed 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, Vemon, CA 90058. E. Bids received after lhe 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 5. a 6 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 patuer shall sign for a partnership; the partner shall give the names and addresses ol all partners. D. Corporation: An officer shall sign for a corporation. The corporate name must be attested by the corporate seal. The names and titles ol the president and all otficers ot the corporation who are authorized to sign the Bid Forms must be listed in an authenticated lncumbency Certilicate signed by the corporate secretary. A signature other than a corporate officer's will be accepted only if an authenticated lncumbency Certilicate 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 ol all mobilization, preparatory work and operations lor 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 lor 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, lor which he/she proposes to supply labor, materials, and equipment and to perform the Work. Bids must not contain any erasures, interlineations, strike{hroughs 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. lf 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. ln 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 pnce Bid. In the event of a discrepancy between the unit price Bid and the item total, the unit pnce shall prevail; however, if the unit price is ambiguous, unintelligible, or uncertain lor 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 lor 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 govem. D. All requested Alternates, if any, shall be Bid. See the Schedule of Bid Prices lor more inlormation and the list of Bid Alternates, if any. lf no change in the Base Bid is required, enter "No Change." 7 7.BID SECURITY A. 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 satislactory Bid Bond in tavor ol the City executed by the Bidder as a principal and a Calilornia admitted surety company (as defined by California Code of Civil Procedure 95995.120 and 995,311) as surety ("Bid Security"), B. 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 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 Calilomia Code of Civil Procedure Section 995.660. AII such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behall of the company. lf the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a Califomia represenlalive ol the surety. The signature ol the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature ol the person designated in the power of attorney. C. Bid Security shall be in an amount not less than 5% of 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 torms within fourteen (14) calendar days after award o{ 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 wihdraw its Bid when the requirements ot Public Contract Code $ 5101 el seg- are not met; or reluses or farls to execute the Contract and provide the required bonds, insurance or certificates within fourteen (14) calendar days after award ol the Contract. ln any one or more of these events, il City awards the Contract lor the Work to the next lowest responsible Bidder, the amount of the original lowest Bidde/s security shall be applied to the Contract Price differential between the lowest Bid and lhe second lowest Bid. Any surplus will be returned to the original lowest Bidder. ll the City rejects all other Bids presented and re-advertises, the lowest Bidde/s Bid Security may be used to offset the City's cost of re-advertising and receiving new Bids. ln that case, the surplus if any, will be returned lo the original lowest Bidder. D. The Bid Security shall be held lor ninety (90) calendar days after the award of the Contract or until posting by the successful Bidder of the payment and performance bonds, proof ol insurance, return of executed copies ol the Contract and necessary certilication(s), whichever first occurs, after which time the Bid Security will be retumed to all Bidders. E. lf 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 Calilornia. I 8. F. Any alteration of said lorm of Bid Bond, or imperfection in the execulion thereof, as herein required, will render it informal and may, at the option of the City, result in the relection of the Bid under which the Bid Bond is submitted. BIDDER'S AND SPECIALTY CONTRACTORS' STATEMENTS OF OUALIFICATIONS A. Each Bidder shall be required to complete, execute and submit with its Bid, the lorm entitled "Biddeis Statement ol Qualifications." 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 lully the requirements of the contract documents. ln selecting the lowest responsible Bidder, consideration will be given not only to the Biddeds financial standing but also to the general competency of the Bidder for the performance of the work covered by the Bid including, but not limited to, the experience ol the Bidder in construction ol public buildings for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility lor the award, may consider the BiddeCs experience with similar types of conslruction projects and lacilities, conduct and performance under other contracts, linancial condition, reputation in the industry, and other factors which could affect the Bidde/s performance of the work. 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 Subcontracto/s name, lhe trade and type of work that the Subcontractor will perform, the location (address) of the Subcontracto/s place ol business, each Subcontractot's license number, and the dollar value of each Subcontractor's labor or services. ll 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 ol base Contract Work and Altemate Work - exceeds one-half of one percent of the total Bid Amount. B. Subcontractors' Licenses. At the time ol 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 tor the portion ol the Work listed for such Subcontractor, and hold all specialty certilications required for such Work. C. Disqualitication ol a Subcontractor. The City has the right to review the suitability and qualifications ol any Subcontractor proposed by the Bidder. As part of this review, the City may request a Bidder to submit additional inlormation about one or more ol the listed Subcontractors-including, but not limited to-a slatement detailing the Subcontractor's expenence with pertinent information as to similar projects and other evidence of the Subcontractor's qualifications. ll requested, the Bidder shall provide the information to the City within the time specilied in the City's written request. Afler due investigation, il the City 9. 9 10. has a reasonable objection to any proposed Subcontractor, the City may, belore giving the notice of award, require the apparent successlul Bidder to submit an acceptable substitute. The City's disqualification of a Subclntractor does not disqualify a Bidder. However, prior to and as a condition to award of the Contract, the successlul Bidder shall substitute a properly licensed and qualified Subcontractor without an adjustmenl of the Bid Price. D. Work of Subcontractors. The organization or arrangement of the Specilications and Drawings do not limit the extent ol the Work lor the Contract Documents. Accordingly, all Bidders are encouraged to disseminate all of the Specilications, Drawings and other Contract Documents to all persons or entities submitting sub.bids to the Bidder. The omission of any portion or item of Work from the Bid or from sub-bids, which is reasonably inlerable from the Contract Documents, will not be a basis lor adjustment of the Contract Price or the Contract Time, E. lneligible Subcontractors. The successiul 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 Califomia Labor Code Sections 1777.1 or 1777.7. ln submitting its Bid, the Bidder certilies that it has investigated the eligibility ol each and every listed Subcontractor and has determined that none is ineligible to perform work pursuant to lhe above code provisions. CONTRACTOR'S NONCOLLUSION AFFIDAVIT A Noncollusion Atfidavit in the lorm provided by the City shall be signed under penalty ol perjury, certifying that the Bid is not the result of and has not been inlluenced 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 REOUIREMENTS 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 undeMriter or agent must complete the lnsurance Requirements documentation which states that the insurer's underwriter or agent will furnish the City with the required insurance documents wilhin lourteen (14) days after the Biddeis having been notified of the Contract's award. The Bidder shall submit this lorm 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 carelully the site of the Work contemplated and the Drawngs and Specifications. The submission ol a Bid will be conclusive evidence that the Bidder has investigated and is satislied 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 difliculties to be encountered, and to the requirements ol the Drawings, Specifications, and other Contract Documents. The Bidder shall ascertain the locations ol the existing utility services, and other underground facilities, and provide lor carrying out its operations so as to cause the minimum possible inconvenience to the occupants ol properties along any streets affected. All Work and costs involved in the saleguarding ol the properties of others shall 11. 12 10 13. 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 ol the Contract Documents, and that it has included all costs necessary to complete the specified Work in its Bid prices, and the Bidder agrees that il it is awarded the Contract, it will make no claim against the City based upon ignorance of local conditions or misunderslanding 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 lor excess or deliciency therein, actual or relative. Payment at the prices agreed upon will be in full tor 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 specitically provided. SUBSTITUTIONS Bidders wishing to obtain City's authorization lor substitution of any material, device, product, equipment, fixture, form, or type ol construction shall submit all requests for substitution, including all data necessary to demonstrate acceptability, a minimum of thirty (30) calendar days prior to 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 lor substitutions. ln 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 lhe Notice lnviting 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 lnviting Bids. lf 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 belore the Bid Deadline provided that they are in tull conformance with these lnstructions to Bidders. Once submitted, all Bids are inevocable, except as otherwise provided by law. Requests for withdrawal ol Bids after the Bid Deadline shall be made only in accordance with California Public Contract Code $ 5100, el seq- Bidder agrees by submitling a Bid that such Brd shall remain open, is inevocable, and may not be modilied, withdrawn, or cancelled for a period of ninety (90) days after award ol the Contract. OPENING AND EVALUATION OF BIDS A. Bid Opening and Tabulation. The Bids shall be opened and read in public after the Bid 14. 15 16 17. 11 19. Deadline has expired at the time and location listed in the Notice lnviting Bids. A tabulation of all Bids received will be available for public inspection at the Office ol the Director ol Public Works, Water and Development Services, 4305 Santa Fe Avenue, Vernon, CA during regular business hours for a period of not less than thirty (30) calendar days lollowing 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 turther reserves the right to purchase all or lewer than all items or quantities of each item listed in the Bidding Documents. The award ol the Contract, il made by the City, shall be to the lowest responsive and responsible Bidder. B. Evaluation of Bids. 1. Mandatory Qualifications. A Bid shall be rejected as non-responsive if the Bidder lails to document in the Bid that Bidder meets the essential requirements tor qualification described in the Notice lnviting Bids. As part of the Bidde/s Statement ol Qualifications each Bidder must establish that it, as the current entity: (1) has successfully completed at least five projects) (5) similar projects involving similar work within the last five (5) years with a cost equal to or in excess of the Bidde/s Bid; and (2) has successlully completed at least five (5) public works projects. 2. Responsive Bid. A responsive Bid is a Bid which conforms, in all malerial respects, to the Bidding Requirements and Contract Documents. 3. Responsible Eidder. A responsible Bidder is a Bidder who has demonstrated the attribute ol trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements ol the Contract Documents. 4. Competency of Bidders. ln selecting the lowest responsible Bidder, consideration will be given not only to the financial standing but also to 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 successlul Bidder and its eligibility for the award, may consider the Biddeis experience with similar types of construction projects and facilities, conduct and performance under other contracts, linancial condition, reputation in the industry, salety record and protocols and other factors which could affect the Bidde/s pertormance of the Work. AWARD OF CONTRACT The City reserves the right to reject any or all Bids and to waive any or all inlormation or technical defects, as the interest of the City may require. Award of Contract or rejection ol Bids will be made by the City within ninety (90) calendar days following the Bid Opening. L2 21. BASIS OF AWARO A. The City will award the Contract based on the lowest Base Bid including all options. B. City reserves the right in its sole discretion to select any, all, or none of the Bid Alternates at the time of award ol the Contract, regardless ol 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 lorm included herein, properly executed by Contractor and, if Conkactor is a corporation, evidence of its corporate existence and that the persons signing the Contract are authorized lo 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 lorth in Article 13 ol the General Conditions and in the form shown on Exhibits 1 , 2 and 3 attached thereto. All signatures must be notarized. C. Properly executed policies of all of the following: (a) the Commercial General Liability lnsurance, (b) the Automotive Liability lnsurance, and (c) Pro{essional Liability, if required, and (e) the conesponding endorsements for each policy in accordance with the requiremenls set lorth in Article 12 of the General Conditions. ln the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for the State of Califomia, or on days when City Hall is closed, the aloresaid documents shall be delivered by the Iollowing Working Day. After receipt of said documenls within said time period or any extension tttereol granted by the City, the City shall execute the Contract and retum one (1) of said three (3) copies to Contractor for its files. PUBLIC RECORDS City seeks to conduct its business openly. Except as set lorth in paragraph 8.A., upon opening, all Bids shall become a matter ol public record and shall be regarded as public, with the exception of those elemenls of each Bid that are identified by the Bidder and plainly marked as 'lrade secret," "confidential," or "proprietary," including any Statement of Oualifications and Iinancial 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 sufficrent and shall not bind the City in any way whatsoever. ll City receives a request lrom a third party to make a Bid available for inspection and copying, the City will notify the Bidder ol the request. lf 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. 13 23. lf disclosure is required under the California Public Records Act or otherwise by law (despite the Bidder's request lor confidentiality), the City shall not in any way be liable or responsible lor the disclosure ol any such records or pa( thereof. Bidder shall indemnify, defend (including Biddeds providing and paying lor legal counsel for City), and hold harmless City, its otficers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, costs, or expenses arising out ol or alleging City's retusal to publicly disclose one or more records tirat Bidder identifies as protectable, or asserts is protectable. PREVAILING WAGE RATES AND EMPLOYMENT OF APPRENTICES A. Prevailing Wage Rates. The Bidder and all Subcontractors shall utilize the relevant prevailing wage rate determinations in effect on the lirst 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 10 calendar days before the Bid Deadline. Pursuant to Calilornia Labor Code Section 1770 et seg., the Director ol the Department ol lndustrial Belations of the State of Calilornia and the United States Secretary ol Labor have determined the general prevailing wage rates in the locality rn which the Work is to be performed. Said rate schedules are available on the lntemet at www.dir.ca.oov/DLSB/PWD/. The wage rate lor any classification not listed, but which may be required to execute the Work, shall be commensurate and in accord with specilied rates lor similar or comparable classilications for those performing similar or comparable duties. To comply with California 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 Calitomia Labor Code Sections 1773 et seq. B. Apprenticeship Committee Contract Award lnformation. Pursuant lo Califomia Labor Code $ 1777.5 and Title 8 ol the Califomia Code of Regulations $ 230, Contractor and Subconkactors 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 lnformation form (DAS Form 140) to the appropriate local apprenticeship committees whose geographic area of operation include the area of the Proiect and who can supply apprentices to the Project. City reserves the right to require Contractors and Subcontractors to submit a copy of said lorms to the City. C. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days ol signing the Contract or subcontracl, 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 lund lor health and weltare benefits, vacation funds or makes pension contributions. The torm must conlain, for each worker classification, the lund, plan or lrust name, address, administrator, the amount per hour contributed and the lrequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Conkactors and Subcontractors to submit a copy ol said lorms to the City. 74 24. Notice to Subcontractors. Bidders shall notify all potential Subcontractors submitting price quotations lor portions ol the Work of the requirements conceming payment ol prevailing wage rates, payroll records, hours ol Work, and employment of apprentices- SPECIAL CITY REOUIREMENTS Special City lorms 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 reiection ol any Bidder. Living Wage Ordinance and Prevailing Wage Where Applicable. Contractor, and Subcontractors, il any, shall comply with the terms and conditions of Ordinance No. 1187, the City's Living Wage Ordinance. Upon request, certilied payroll documents shall be provided to the City. ll here is a difference between the Vemon Living Wage rates and the Califomia Prevailing wage rates for the same classilication of labor, Contractor and subcontractor shall not pay less than the highest wage rate for that classification. Equal Employment Opportunity in Contracting. The City of Vernon is committed to a policy ol equal opportunity in contracting. Qualilied 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 ol the funds supporting the Contract. Contractor certifies and represents that during the performance ol 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 ol their race, religion, religious belief, color, national origin, citizenship, ancestry, disability, sex, age, medical condition, pregnancy, sexual orientation or marital slatus. Contractor certilies 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 (Califomia Government Code Section 12900, et seq.), Califomia Labor Code Section 1735, and The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.\. Contractor shall require like compliance by ali Subcontractors employed on the Work. BID PROTEST PBOCEDUBES Any Bidder submitting a Bid directly to the City and eligible lor award ol the Contract may lile a protest il the Bidder complies with all of the lollowing requirements and conditions: 1. The Bid protest is in writing; 2. A protest based upon alleged defects or improprieties in the Contract Documents is liled with the City prior to the Bid Deadline; 3. All other protests are to be liled and received by the City no more than live (5) calendar days following the City's notice ol intent to award the Contract; and 15 4. The written Bid protest sets forth, in detail, all grounds lor the Bid protest, including without limitation: all facts, supporting documentation, legal authorities, and argument in support ol the grounds for the Bid protest. All lactual contentions must be supported by competent, admissible, and credible evidence. Any matters not set lorth in the written Bid protest will be deemed waived. Any Bid protest not conlorming to the foregoing requirements and conditions will be rejected by the City as invalid. Bid Dispute lndemnification. ln the event of a Bid dispute based upon the Bidde/s submission of this Bid and the City acceptance of same, the Bidder shall indemnify, delend (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. [END OF DOCUMENT] t6 B. City of VEnxON Submitted By TRIMMING LAND CO., INC. bcl#t,St* BIDDING FORMS BIDDING FORMS sEcTtoN 2 BIDDER'S PROPOSAL The undersigned submits this Bid in response to tlE Notice lnviting Bids issued by the City to construcl the Work of the following Project in accordance with the Contract Documents: PROJECT: URBAiI FOREST ANAGEiIENT SERVICES A. Enclosed herewith and by this reference lncorporated hereln and made a part of thls Bldde/s Btd are the following completed forms: 1. Bidde/s Proposal 2. Schedule ol Bid Prices 3. lncumbencyCertilicate 4. Bid Security in the following form (chec* one\: I Cashier's Check E Cerlified Check E Bid Bond E Cash 5. Bidde/s Staternent of Qualifications 6. Experience Form 7. Statement of Violations ol Federal, State or Local Law, ff applicable 8. Specialty Conlractor Statement of Qualifications 9, ContractorSafetyQuestionnaire 10, Designation of Subconlractors 11 . Contracto/s Affidavit of Noncollusion 12. lnsuranceREuirementsAlfidavit 13 Statemenlof Disqualification or Debarment. 14. Pre-Bid Site lnspection Certification. B. Acknowledgment ol Addenda. The Bidder shall acknowledge he receipt of all Addenda by attaching a signed copy of all Addenda, and by listing all Addenda received and attached in the space betow. No Addena's were issued. lf an Addendum or Addenda have been issued by the City and not attached and noted above as being received by the Bidder, the Bid may be rejected C. lnspection ot the Work and Conlract Documents Bidder certifies that it has carefully examined and is fully familiar with all ofthe provisions of the Bidding Doarmenls and said Bidding Documenls contain sufficien[ BF 1 of 3S BIDDING FORMS detail regarding the Work to be performed; that it has notifred City of any errors oromissios in the Bidding Documents and/or any unusual site mnditions; and that it has carefully checked all wods, prices, and statements ln this Bidding Document. Bidder hereby certifies that he/she and his/irer Subcontractors have inspected the site and related Drawings and Specifications of Work and fully acquainted themselves with all conditions and maners which may in any way affect the Work, tirne of completion or the costs thereof, Bidder also certifies he/she has observed the designaled Contractor Work areas and access routes, if disclosed or shown, as parl of the Work in this Contract, SITE INSPECTION - CERTIFICATION: Person(s)who inspected siteof the proposed Work for your firm: Name: Tony Martinez Date of lnspection 11t30t2015 Title: Name: Title: VP of Field Operations Anqel Sotelo Date of hspection 11t30t2015 Director oF Marketing and Public Relations D. Bidder agrees that all costs of Work shown in ttre Bidding Documents, including work reasonably infenable therefrom and necessary thereto, are included in hisfter Bid. All Work shown in the Contract Documents for which a specilic line item is not provided in the Bidding Form is induded in the Bidder's Tolal Base Bid Price. E Forfeiture of Bid Security. Bidder further agrees that, in case of hisftrer default in executing the required Contract and the required bonds, or fumishing the required insurance, the rnoney payable under the Bid Security a@ompanying this Bid shall be applied by the City towards payment of the damage to the City on account of such default, as provided in the Bidding Documents. F. Period of lnevocability. Bidder agrees that this Bil shall remain open and shall not be withdrawn for a period of not less than ninety (90) calendar days from the date of award of Conkact, or until rejected by the City, whichever period is shorter. G. Bid Dispute lndemnification. ln the event o[ a Bid dispute based upon the Biddefs submission of this Bid and the City acceptance o[ sarE, the Bidder shall indernnily, defend (with munsel 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 lau/s. emplovee of the Citv ot Vemon. I hereby certify under penalty of perjury under the laws of the Stale of Calilomia that lhe representations made herein are true and correct. Executed this sra day ol Fecemhcr 0t Sorrlh G2tc , Califnrnia StateCity BF2of39 J BIODIIIG FORNTS Bidde/s Proposal Respectf u lly Submitted, NAME OF BIDDER COMPANY NAME:TRIMiTING LAND CO-, INC ADDRESS: 10513 Oolores Avenue South Gate, CA 90280 CONTAC f PERSON Sandra Hernandez TELEpHONENUT!BER: 323-5694498 FAX NUMBER: 323-569-37 47 E-l\4AlL. sandra@trimmingland.com CALIFORNIA STATE CONTMCTOR'S LICENSE NUMBER: 612918 EXPIRAT|ON DATE 0228t2o17 TAX tDENTIFtCAT|ON NO.. 95-3930843 SURETY COMPANY Philadelphia lndemnity lnsurance Company All Bid forms must be signed where so indicaled by the person or persons duly authorized to sign on behalf of the Bidder. By signing the Bid, the person signing is deemed to represent that he or she has authority to bind the Bidder. Failure to sign the Biddeis Proposal may invalidate lhe Bid. BIODER'S PROPOSAL - SIGNATURE(S}: Form of Entity ot Bidder: Please check the appropriaie signature block below and till in a!! related information. f_l Sde Proprietorship: By Title: Pdnted name of person signing Signature List all d/b/a's I | | eartnerslrip: E General Partner E Lim,ted Partner BF 3 ol 39 BIDCING FORI\4S By Tte Printed name of person signing Signature fJl corooralion: By:Basilio Martinez Corporate Oflicer Title PresidenVCEO By: Signature I I Joint Venture: ! Corporation f] Partnership E tndividual E oter Ti e: Printed name of pecon signing Signature Name of all Joint Venturers: [lf the Bidder is a corporalion or a limited liability company, enter state or county of inmrporation in addition to the business address and include an incumbency certificate executed by a Secretary thereof in he form set forth herein listing each offcer with signing authority and his/her conesponding ofice, lf the Bidder is a partnershlp or joint venturer stattng that the respective partner or joint venturer agrees to be held jointly and severally liable for any and all ol the duties and obligations of lhe Bidder under the Bid and under any contract arising therefrom. Attach evidence to the Bid Proposal Form that the individual signing has authority to do so.l BF4of39 B DJ NG :-Oatls SCHEDULE OF BID PRICES PROJECT: URBAN FOREST MANAGEMENT SERVICES BIDDER'S NAME: TRIMMING LAND CO , INC, BASE BID Pucuant to and in compliance with your Notice Inviting Bids and Contract Documents relating to the Project including all Addenda (attach signed copies), Bidder, having become thoroughly familiar with the terms and condilions of the Contract Documents and with local conditions affecting the performance and the cosis of lhe Work at the dace where the Work is lo be done, hereby propose and agrees to fully perform the Work within the time slated in strict accordance with the Conkact Documents (including the fumishing of any and all labor, materials, tmls, expendable equiprnent, and utility and transportation services necessary to fully perform the Work and complete it in a workmanlike manner) for the total EgggEjd sum of: Two Hundred Thrrtv-Three Thousand Seven Hundred Fiftv FivoollafS ($_?!!l!! 00 ) ITEM NO DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE EXTENDED PRICE 1 lndian Laurel 180 Each $ 155.00 $ 27.900 00 2 Grid No. 1 Inventorv 355 Each s 85.00 $ 30,175 00 3 Citv Govemment Buildinqs 62 Each s 135 00 $ 8.370.00 4 Ciiy Housing Each $ 250.00 $ 8,250 oo 5 City Apartments 7 Each $ 250.00 $ 1,750.00 ITEM NO DESCRIPTION ESTIMATED QUANTITY UNT UNIT PRICE EXTENDED PRICE 6 lndian Laurel 180 Each $ 155.00 $ 27,900 00 7 Grid No. 2 lnventory 407 Each $ as oo $ aa scs oo 8 City Government Buildinos 62 Each $ 135 00 $ 8,370 00 I City Housino 33 Each $ 250 00 $ 8,2s0.00 10 City Aparhnents 7 Each $ 250 oo $ 1,750 00 ITEM NO DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE EXTENDED PRICE 11 lndian Laurel 180 Each $ 155.00 $ 27,900.00 12 Grid No. 1 lnventory 355 Each $ 85 00 $ 30,175 00 13 City Govemment Buildinos 62 Each $ 135 00 $ 8,370.00 14 City Housing 33 Each $ 250.00 $ 8,250 oo 15 City Apartments 7 $ 250.00 $ 1,750.00 BF5of39 Y1 Total Cost $ 76.445 00 Y2 E Toat cort l$ ,oruuooil Total Cost $ 76,445.00 Submitted By: TRIMMING LAND CO,, INC B DDING FORI/S ADDITIONAL SERVICES . MISC UNIT UNIT PRICE tTEt/ 16 Complete Tree & Stump Removal(Durino Gdd Trimminq)Per Tree $ 1,ooo oo EM l/Stump Removai (Durino Grid Trimmino)Per Tree 215 00 tTE[/ 18 Comolete Tree & Stump Removal - lvlid-Year (Not Part of Grid)Per Tree $ 12oooo ITEIV ,19 Root Pruninq - Mid-Year (Nol Part of Grid)Per Tree $ 300 00 ITEM 20 Tree Planting: 15 Gallon with Rool Barier (Durino Grid Trimminq)Per Tree $ 215 00 rTE[/ 21 Tree Planting: 15 Gallon without Root Banier (Durino Grid Trimminq)Per Tree $ 1gs.oo TEM 22 Tree Planting: 24 lnch Box with Root Banier (Durino Grld Trimminq)Per Tree $ 500 00 TTEIV 23 Tree Planling: 24 lnch Box without Root Banier (Durino Grid Trimmino)Per Tree $ 475 oo ITEi/ 24 Waterinc of 25 New Trees Per Dav $ 325 oo ITEIV 25 Crew Rental: 3 Men, Aerial Unit, Dump Truck and Chipper Per Hour $ 225 oo tTEt\,l 26 Emergency Work Call Out: 3 Men, Aerial Unit, Dump Truck and Chiooer. Contractor shall resoond within 4-hours.Per Hour $ 3so oo BF 6 of 39 I I I I BIDOING FORMS URBAN FOREST INVENTORY COMMON NAME QUANTITY Carrot lvood 339 (Grid lnventorv) lndian Laurel 180 Lemon Bottlebrush 152 (Grid lnventorv) Everqreen Pear 109 (Grid lnventorv) Crape Myde 69 (Grid lrrventorv) Sweet Shade 38 (Grid lnventorv) Palm Trees 38 Firewheel 23 (Grid lnventorv) Eastern Redbud 32 (Grid lnventorv) American Sweel Gum 17 Eucalyptus 16 i,4elaluca I Jacaranda Oak Tree 4 Avocado 4 Chinese Elm 3 Coral Tree 1 Pine Tree 1 Walnut Tree 1 LoqualTree 1 TOTAL INVENTORY 1044 Ail work items, labor, matenals, tools and incidentals which are not specifically listed in the abo\€ bid items, bul are necessary to complete the project per speciflcations, and all other applicable standards and codes are considered to be included in the bid items reflected above The City reserves fie right to alter or change pruning cycles at its discretion; and to contact the contractor for miscellaneous work upon 3Gdays' notice. The Contract will be awarded based on the lowest responsible bid of the Grand Total of year 1, 2, and 3 tree trimming services. lf there is a discrepancy betu'cen (1) the-Grand Total Cosf, (2) any ofthe'extended costs', or (3) the individual Unit Price, then the Unit Price shall @ntrol over the extended cost, and the extended m6t shall control over the Grand Total Cost. lf, however, the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or is lhe same amount as the entry for the unit item total, then the unit item total shall prevail and shall be divided by the estimated quantity for be item and the pnce thus obtained shall be the unit price, BF 7 ol 39 PresrdenVCEO BIDDING FORIVS (dollar amount) 10513 Oolores Avenue, South cate, CA 90280 Address 12tO3nO15 Date of Expiration Amount of Certified or Cashier's Check or Bid Bond Philadelphia lndemnity lnsu.ance Company Name of Bonding Company 8F8of39 BIDDING FORMS INCUMBENCY CERTIFICATE print legibty the names and tifle ol the president and all officers of the Company who are authorized to sign the Bid Fonns: PRESIDENT'S & OFFICERS' NAI.,'tE' Basilio Martinez TITLE: PresidenvCEO Basilio Martinez Il Vice President Elvira F. Martinez Secretary The undersigned hereby ce ifies to the City of Vernon thal he/she is lhe duly elected and acting Secretary of TRTMMTNG LAND CO., lNc. (the "Compan/), and lhat, as such, he/she is authorized to execute this lncumbency Certificate on behaff of the Company, and further certrlies that the persons named above are the duly elected, qualified and acting officers of the Company, holding on the date hereof, the titles and positions set forlh opposite lheir names and are authorized to sign the Bid Forms. lf.l WITNESS WHEREOF, the undersigned has execuled this lncumbency Certificate this 3rd day of December ,2015. Elvira F. Martinez BF 9 of 3! lill II'll i I l I I.l I j l,i a duly admi(ed surety insurer under Cdifornh,s lav{s, agree as follolls: Eond No.: ("Suretn, I oi^^" and deliyers v Pr,ncinel'< BID BONO RECITALS: 1 . The City of Vernon, Califomia fcftn, has issued a Notice lnviti,ng Bids for ,he W,rk desc?ibsd a6 fdlox,s; contract No. -; Urban Forest Management services ln vemon, cA. ("project ). ln response to the Noti.re lnviling Bids, 3. Principal is rEuired under lie lerms of a bond with the Bi,C. the Specifrcation_and all Bidding Documents reterenced in it__to fumish 4. The Specification, induding all its amer Eond and mad6 a part oflt by d,is l."Gr.ldJ."nh and supplements, and Principal's Bid are incoporaled into this 8y this Bofd, We ioinfly d severallv o successors, and assigns to pay City lire ins od,,"-*Gll,j*,1'riff, i JlJll,FJlil?pr^;Mr ^. /r.\ . _ -;j;;; successors, and assjgns to pay I ltcrEb orArnerlca. r-'-, e' , , ,upoJ uoE oru, tn ri,llru mofley 0f the United!ErE5 0r Alnerlca, The Calfomia Licensed Resident Agent for Srxety is; (Nanre, address, and- Rsgislered Agenfs Califomia Oepadment oflnsurance Llcenss No. OC36g61 THE coNDtTtoN o, ,r,.,:gxgj,_o-r-l]GATrox ts THAT, tf: (1)A llUJ{ tS TllAT, lf: (1) principal or--if no period ts sleiinea_toi response ro Princioals f:t YA f no period is spe;ified ^bY the SPe response to Princioals rnel; or (2) if no period is spe;ified -bY the spe to Citu ihp cn^i*r i^ ^^-^.r^--- ,. , 'g]a -' -- -'7, -*' ulE L;ork-ac.t's award prin.i.,r r.\ .i^." and deliversr'[ :]P-I11 Y Prrnciroali ir no perioo is speiiiei !Y tle to Clitu thp c"^i;i l; ^ , ,gi: -' -- -w, -*' ulE Corha* tt,*t.,, ;il;:il::';- pars Davmp ijals usid inSlt L*_-'^ -_vi#r.,-.*.r -.,-:,"--'---..1;;J.;;,, ",," -" .,..*JJ:[,:Till' q,6 rs I r rul rorce and eflert, and lhe followir" - ---"---, , bemmes nt, E lerms and conditons apply lo this Bond:1. Suretys obllgations under this Bond az_ w,"i,r*ing",,Jip;at!,**ilii[EH?ffiJ?i.,f"';jfil"',iffd:f;T:tr#lf,"[i,#,,fl1,1flffi:*r 2. No righloJ a6tirn accfl,ss on lhis 3. lf an ac{ion allawor in eauily ls n Bonded Sun-Cily's reaio;aue ay- in addilion to he OBLIGATIONI THEREFoRE, for value rcceived, We, pflhcipaland BF 10 ot39 / l / i / i / QeA@ePil "v i++.. rrf,*-tf<-{1 Qo{*t Y44ao-2lt ! ' STATE OF CALIFORNIA ) ) ss. BIDDiNG FORlJS BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY.IN.FACT 20-, and acknowledged to rne that he/she subscribed the thereto as principal, and his/he own name as attorney in lact. I certily under PENALTY OF PERJURY underthe laws of the State of Califomia that the foregoing paragraph ls true and conect. Notary Public SEAL couNTYoF ) On this _day of before me,{name), a Notary Public for said Counly, 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 name of BF 12 of 39 BIDDING FORNlS BIDDER'S STATEMENT OF QUALIFICATIONS 1 , ORGANIZATION 1.1 How many years has your organization Een in business as a Contracton lgJcals- 1.2 How many years has your organization been in business under its present name? qlyggl's 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 Dateof inmrporation/organization: 1.3 2 State of incorporation/organization: March 30. 1984 Califomia 1.3.3 Corporate lD numben c1303198 1.3.4 Name of President: Basilio Marlinez 1 3 5 Aoent for Service of P166g5g Sandra Hemandez 1.4 lf your organization is a partnership, answer the following: 1 4 I Date of organization/formation: 1 4.2 Type ol patuership (il applicable): 143 Name(s) of general partne(s): 1.4 4 List all states in which you are registered and state lD numbec for each: 1,5 lf your organization is individually owned, answer the following: 1.5.1 Date ol organization: 1 5.2 Name of owner: 1 .6 lf the [orm of your organization is other than those listed above, describe it and name the principals: BF 13 of 39 l I ) I l B DOING FORMS 2. LICENSING 2.1 List iurisdictons in which your organizatron is legally qualified to do business, indicate registration or license numbeG, and category of license, if applicable, Califomia Conkactor's License #6'12918 - Classifications C61/D49/C27 2.2 List jurisdictions in which your organization's pa(nership or trade name is filed. Californra 2-3 Lisl any licensing suspensions andior v'rolations assessed against your organization within the past five years. ,,None,, 3, EXPERIENCE 3.1 List the categories of Work that your organization normally performs with its own pgfsonnel. Tree Triming, Palm Tree Trimming, Tree Removals, Palm Tree Removals, Stump Grinding Tree Planting, Citywide Tree lnventory, Emergency Tree Reponses 3,2 On the Experience Form, list the poiect information that establishes that Bidder meets the essential requirenEnts for qualiFtcation set forth in the Mandatory Qualifications paragraph of the Notice lnviting Bids for his Prqect. 3.3 On a separate sheet, list projects to which your firm or business has been awarded a govemment conlract since your firm or business has been in existence (giving the name and address of the proiect, the govemment agency, conlact name and phone numb€r, the contract amount, and contract's starting date and ending date). 3.4 On a separate sheet, list the exp€rience and present mmmitments of the key individuals of your organization 4. CLAIMS; LAWSUITS; CRIMINAL ACTS For the following questions, the term 'ownef does not include ov{ners of stock in your firm if your firm is a publicly{raded corporation, 4.1 ln the past llve (5) years, have, you, your firm or any of its owners, partners, offcers, or employees been a defendant in court, or pa cipated in an arbitration or mediation, on a matter related to: NO 4.1.1 The performance, non-performance, default, violation, or breach of a mntract or agreement? EYES DNo BF 14 of 39 B OOING FORMS 4.1.2 A vehicle collision or accident involving your firm's employees? E YES TI No 4.1.3 Damage to real property arising out of your services or operalions? lyes DNo 4 1.4 Employmentrelated litigation brought by an employee of your firm? tr YEs DI No 4.1,5 Payment to a subcontractor or supplier? E YES 4.1.6 Derective, deflcient, or substandard work? trNO trYE6 DNo lf the answer to any questions in 4.1.1 to 4,1.6 is YES, identify the name of the person or entity that sued (i.e., 'the plaintiff) or was involved in the mediation or arbitration; tist the date, courl, court address, and case number: describe the facts and circumslances giving rise to he lauisuit, mediation, or arbitration, and set forth the oulcome or disposition. Attach additional sheets as necessary. 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? ! ves E t'to ll YES, identffy the govemment enlity or client; list the date, court and case number; describe the facts and circumstances about the claim for damages, or lhe lawsuit, or both; and set fo(h the outmme 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, officers, or employees? E vrs trno lf YES, identify the name oflhe person or entity entitled to payment; tist the date cou( and case number; describe the facts and circumstances givng rise to the judgment or lien; and set forth the amount ol the judgment or lien. Attach additional sheets if necessary. ln the past five (5) years, has any government entity ever (a) investigated, cited, disciplined, or assessed any penalties against you, your firm, or any of its owners, partnec, officers, or employees, or (b) determined or c,oncluded that yourfirm or any of its owners, partners, officers, or employees violated any laws, rules, or regulailons? 4.3 44 BF '5 of 39 BIDDTNG:OR[,1S Dves EHo lf YES, identity lhe govemment entity; list the date, and describe the facts and circumslances about each instance, Attach additional sheets as necessary. 4.5 ln the past five (5) years, have you, your tirm or any of its owners, partners, offcers or employees been convicted of a crime related to the bidding of a government contract, the awarding ol a government contract, orthe performance of a government contract? ('Convicted' includes a verdict of guilty by a iudge or jury, a plea of guilly, a plea of nolo contendere, or a forfeiture of bail,) EYES ENo lf YES, identify the govemment entity; list tle dale, court and case number; describe the facts and circumstances about each instancet and set fo(h the penalty or punishment imposed. Attach additional sheets as necessary. 4 6 In the past live (5) years, have you, your firm, or any of its owners, partners, officers or employees been convicled of a crime involvjng embezzlement, theft, fraud, forgery, bribery, deceptive or unlaMul business practices, periury, falsifying or destroying records or evidence, or receiving stolen property, or making or submitting a false claim? EYes Eilo lf YES, idenlify the crime or offense; list the date, court and case number; describe the facts and circumstances about each instancei and set forth the penalty or punishment imposed. Attach edditional sheets as necessary. 4.7 Have you or, if Bidder is a corporation, any principalot the corporation ever been convicted of a felony? trYES Euo lf YES, please explain the details of that mnviction and, if so, whether you or said officer have served his or her senlen@. 4.8 ln the past five (5) years, has a govemment entity determined or concluded that you, your firm, or any of its oMers, partners, ofticers or employees made or submitted a false claim (including a false claim for payment), or made a material misrepresentation? Eves Ero lf YES, identiry the govemment enlity, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 4.9 Have you or your company ever been charged by any governmental agency for failure to followsafety procedures? If YES, pleaseexplain NYES ENo BF 16 of 39 BIDOING FCRI',1S 4 10 Has any govemmenlal agency ever submitted a complaint against you or your firm to the Califomia Slate Labor Commission for failure to submit certified payrolls? lf your ansv'/er is'Yes', please provide the details of such clmplaint. trYEs ENo 5. FIRII'S OPERATIONAL STATUS 5.'1. ln the past seven (7) years, has your firm, or anyone else acting on behalf of your flrm, filed for bankruptcy, insolvency, receivership, or reorganization? E ves DNo lf YES. list the filing date, identify the murt and case number; describe the lacts and circumstances giving rise to each instance; and set forth the disposilion orcurent status. Attach additional sheets as necessary. 5.2. ln the past five (5) years, has your firm had an consolidations, mergers, acquisilions, closings, layoffs or staff reductions? Ives Euo lf YES, list the filing date, and describe the facts and cilcumstances about each instance. Attach additional sheets as necessary. 5.3. ls your firm in the process of, or in negotiations toward: (a) consolidating, merging, selling, or closing its business, or (b) laying off employees or reducing staff? EYEs ENo lf YES, describe the transaction; list the anticipated date for completjng the transaction, laying off employees, or reducing staff; and describe the facts, circumstances, and reason fortaking the action. Attach additional sheets as necessary. 6. BIDDING; DEBARflENT; CONTRACT PERFORiIANCE 61 Has a govemment entity ever debaned, disqualified, removed, suspended, or otherwise prevented you or your firm fom bidding on, contracling, or completing a construction prolect? EYES ENo lf YES, identify the name of lhe govemment entity, list the date, and describe the facts and circumstances about each inslance, and state the reason for the government entity's action against your firm. Attach additional sheets as necessary. BF 17 of 39 BIDDING FORI,IS 6.2. Has a govemment entily ever rejected yourfirm's Bid or Proposalon the ground that you or your firm is a 'non-responsible' bidder or proposer? E YES DI I.Io lf YES, identdy 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 govemment entitls determining thal your firm was a "non-responsible" bidder. Attach additional sheets as necessary 6.3. Have you or your firm ever failed to fulfill or perform - either partially or completely - a contractor an agreement with a govemment enlity or a client? !vEs EHo lf YES, identi{y the name o{ the govemment entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 8.4. hr lhe pasl live (5) years, lraveyuuur atryufficetot ptirlcipalof your fim bcen an officer of anotherfirm which faile{ to perform a conkact or agreement? !ves EHo lf YES, list the date, and describe the facts and circumstances about each instance Atlach additional sheels as necessary 6.5. Has your firm ever advised a govemment entily or a dient, while your firm was under confad with the govemment entity or client, that your firm could not (or uould not) fulfill or perform - either partially or completely - the clntract or the agreement based on the prices that your firm had originally submitted in a Bid or a Proposal? Eves trNo lf YES, list the date, identify the name of the govemment entrty or client, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.6. Has your firm ever requested a governrnent entily or a client, while your firm was under contracl with the government entity or client, lo renegotiate one or more terms of the existing contracl or agreement? Eves EHo lf YES, identify the narne of the govemment entity or client, list the date, and describe the facts and circumstances abouteach instance. Attach additional sheets as nec6sary. 6.7. Has your firm ever requested a governmeni entity or a client, while your firm was under contract with the government entity or client, to: (a) cancel the contract or agreement, or (b) release or discharge your firm form the contract or agreement? BF 18 of 39 j I] lrir l l lrllIJ Iirl:li J BIOD NG FCRIVS EYEs Duo lf YES, idenfiry the name ot the government 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 contract or agreement belore its completion? DYES E No lf YES, identiry the name ofthe government entity, list the datL., and describe the facts and circumstances aboul each instance. Attach additronal sheets as necessary. 6.9. Has a govemment entity or a clienl ever notified or advised your firm that your firm's performance under a contract or agreement was poor, sub-standard, deficient, or non- compliant? tr YES E r,ro lf YES, identify the name of the govemment entity or ctient, list the date, and describe the lacts and ckcumstances 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? EYES ENO If YES, identify all such contracts/projects by o,imer, owner's address, the date of completion of the project, amount of liquidated damages assessed, and all olher information necessary to fully explain the assessment or payment of 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. Relused to insure your firm for liabitity coverage? tr YES EI No 7.1.2. Canceled or non-renevled yourfirm's insurance coverage? EYes Eilo 7.1,3. Refused to issue yourlirm a bond? trYEs ENo 7.1.4. Canceled or revoked a bond oblained by your firm? tryEs Exo BF 19 of 39 B D]ING FORIIIS lf the answer to any questions in 7.1 1 to 7.1.4 is YES, idenlify he name ofthe lnsucnce company or surety company, list the date, and describe lhe racts and circumstances about each instance. Attach addition sheets as necessary ln the past ten (10) yeac, has an insurance company or surety company made any paymenis on yourfirm's behatf as a result of a default, to satsfy any claims against a performance bond, payment bond, or maintenance bond issued on your firm's behalf? 8 trYES trrc lf YES, identify each contract completed or amount of each claim, the name and telephone number of the claimant, the date, grounds and curent status ofthe claim, and if resolved, the method, nalure, and amounl of the resolulion. Attach addition sheets as necessary. SURETY tf a performance and/or payment bond is required by this bid, identify the bonding company if anangements for the bond have been made; if not, identify tre bonding company for the Contracloas most recent project: 'J City of Vernon contract form our surety company Philadelphta lndemnity lnsu.ance Company. Name and address of agent: Alliant Americas 735 Carneoie Drive. Suite 200 San Bemanrdino CA 92408 All of the above statemenis as to experience, ,inancial qualifications, and available plant and equipmenl are submitted in conlunction with the proposal, as a part thereof, and lhe truthfulness and accuracy of the information is guaranteed by the Bidder. I hereby certify under penalty of perjury under the laws ofthe state of Califomia that the representation made herein are true and 60rrec1. Signature of Bidder Basilio Martinez 7.2 8.1 82 BF 20 o' 39 -c t,EEoo!!.E=-gIJEEE,E al rl, E EE E.E/.eg E.!E(J oo,Eii2-- E.E B-E ag.LEo= '=t ooEE '= iB6o. .: t,oE =.FEElt (D5(, EEoq BE inm .9: =EESE=.9E @C"l.o-o-66o'EEEEE EE v[lrolz Lr..l =z LUtoo =z. Fo LT' oE.d Fz.lo = IUF o t!F o Ft F @N o@ oc\lNoo@oo d (,EE.E ii .>qlB) OEdE CDo;'6 co tro tL G}o= CF Et !d oo.E;oY! o7EC a o ooo, I "t ll6lplol tl-t I (o ooEo)]<6 () El E ,oEo. .Y .E 6)a oc c r! o F t =CDo (ol 8lol ol dt ol =lcirl Eo o o) f- o, :q l 2 oC .= c EF o .9 a o I '6 e l'.? oo ciAR9 oo sv. a) o- c o-I o Fo o oo t-o TUaz.sl oZLoi !:z, .e =(g o ;E E .!2 6 E '=o E 6 E p @6h ai h.!2 e ^= d .,'=5"E .9 .92- .9;i = o @ !_:io5Y o:H6 -95.s ! f ! =do(9zos II I I J (d 1I -9 .s2.J I g (J NI 5l ID aiE o- o!t =ao o 3 a! .9lt ? o oz. z.o F (J =-OHLL- u) utoz. IJJa u.l.Lxtu ciz. .sl O .q =O e o 5 t'iit .c oc\ (c uioz utt IUtr TUtr trf,o v..) I.r- trJ (L Fx UJz utIFz o I.JJIo FF zul uJd] IJJ I U)uloztlltr LrJt! IIJt J zo Eoo CJz O oz 5(,z = F L! =z z L OO attituJct = ll,tro s2 c. lrJa F2u.t =Ltl(9 = =Fu)ute,ol! z, ot = ui =z. F(-) LIJ otL Il,lr I "1 i 'I j l l -t I-l BIODING FORI!1S Company Name: CONTRACTOR SAFEry QUESTION NAIRE TRIMMING LAND CO , INC. PIimary Type of Work Tree Maintenance Services Person Completing Fonn Sandra Hernandez I11s. Director of lnternal Operations phoneNumber 323-56S1198 gag 1ZO3|2O15 SAFETY PERFORIIIAI{CE 1. List your company's lnterstate Experience Rating l\.lodifler (ERM)1 for the three most recent years 20 15 .6e 20:.q 88 20 re 11i 2. List your company's number of iniuries/illnesses From your OSHA 300 logs for the three most recent years 20 13_2014 20 is 010000 000 oo0 2o8o 2IISO 2()80- a. Falalities b. OSHA recordable incidents c. Lost work day incidents d. Total lost work days e. Total hours worked 3. Please provide copies of the following items (a-g); and ltems (d{) for each listed Submntractor a). OSHA 300logs for the most recent three years e). Training Plans and cunent year-todate b). Verification of ERIVI from your insurance canier 0. Training Certificates for Employees c). lnjury/lllness Report d). Complete wrinen Safely Program 4. Company Safety Contact: g) Emergency Response Training 2. 116mg Sandra Hernandez b. Phone 323-569-4498 I ERI\,,I= applies to \orkers compensation policies lt compares lie experience of his contractor to others of similar size, type and ratio. used against annual premium lt has a direct correlation to how much he contractor pays in ,,rorkers' comp premium. BF 22 of 39 CONTRACTOR SAFETY QUESTIONNAIRE (continued) @lro BTDDING FOR ,1S SAFETY PROGRAM SAFETY PROGRAM DOCUMENTATION a, Do you have a written safety program manual? 1) Last revision date 1z2o'14 b. Do you have a written safety field manual? c. Are all workers given a booklet that contains work rules, responsibilities, and other appropnate information? POLICY AND MANAGEMENT SUPPORT a. Do you have a saFety policy statement Jrom an officer of the company? Do you have a disciplinary process for enlorcement of your safety program? Does management set corporale safety goals? Does executive managenent review: I Accident reports? E Safety statistics? ! Inspection reports? Do you salety pre{ualify subcontractors? Do you have a written policy on accident reporting and investigation? Do you have a lightduty, retum-to-'i\ork policy? ls safety part of your supeMsor's performance evaluation? Do you have a personal protective equipment (PPE) poticy? Do you have a written substance abuse program? lf yes, does it include (check all applicable boxes): Does each level of management have assigned safety duties and responsibalities? [] Preemployment testing I Retum-to{uty testing M Random lesting 7l Disciplinary process EJ Reasonable cause testing Vl Abohol testing EJ Post accident testing EJ National lnstitute on Drug Abuse Ul Panel Screen Elt{o G)uo No No No No No No No No NO @)no rYe-;l EI tYes, @ GI G) @ GI @ c. d. e. t. s. h. i. i G)uo E)tro BF 23 oi 39 1 BIODING FORIVS 3. T&AINING AND ORIENTATION a. Do you conduct safety orientation training for each employee? b. Do you conduct site safety orientation for every person new to the job site? d. Do you hold tool box^ailgate safety meetings focused on your specilic vork operations/exposures? How often? pf weetty ! oaity E Other 4, ADI.4INISTRATIONANDPROCEDURES a. Does your writlen safety program address administrative procedures? b. Do you have propct safety committees? c. Do you conduct job site safety inspections? extinguishers, etc.)? d. Do you invesligate accidents? Glruo G)uo c. Does your safety program require safety training meetings? Gl Uo tor each supeMsor ({oreman and above)? How often? ! Weeity M Monthly ! Quarterly I Annudly n Other E)No Glruo e. Do you require equipment operation/certification training? Yes (ffi'l E)ruo lf yes, check which apply: -l/ Pre projecUtask planning yl Emergency procedures r,/ Record keeping _/ Audlts/inspections */ Salety committees y'Accident investigations/reporting - HMCOM / Training documentationy' Substance abuse prevention 14 Hazardous work permitsy' Retumlcwork -V1 Subcontractor prequalification IYEEI uo @)ru. How often? E Daily E Weekly ! Monthly M Otner-qaelagglggq Random Drop By chec*s Do these inspections includes a mutine safety lnspectlon of equlprnent (e.9., scaffold, ladders, fire How are they reported? [l Total company p By superintendent MBy pmject I By project manager [fBy loreman U ln accordance with OSHA EINo e, Do you discuss safety at all preconstruction and progress rneetings? El lto B:24 of 39 BIDDING FORMS f. Do you perform rigging and lifting checks prior to lifting? [Gl lto [7 For persor,nel V] Forequipn ent Vl Heavy lifts (more than 10,000lbs.) WORK RULES Glruoa. Do you periodically update work rules? When was the last upd 6lsl 1212014 b What work practices are addressed by your $iork rules? E Access---€ntranc€YstairsM CPRfirst aid I Barricades, signs, and signals E Blasting l_l Communications n Compressed air and gases ! Concrete uork E Conllned-space entry I CraneVngging and hoisting n Electrical grounding E Environmental controls and Octupational health pl Emergency procedures n Fire protection and prevention fl Floor and wall openings Z Fall protection I Housekeeping n Ladders and scaffolds M [4echanical Euipmenv maintenance/pre{p checks/ operation E Respiratory protection E Matenal handling/storage [f Temporary heat EJ Vehicle safety I Traffic control E Site visitor escortrng EJPublic protection ! Equipment guards and grounding ! Monitoring equipmenl n Flammable malerial handling/storage fl Site sanitation E Trenching and excavating E Lockoutfagout E Energized/pressunzed equipment E Welding and cutting (hot work) E other OSHA INSPECTIONS a. Have you been inspected by OSHA in the last three years? b. Were these inspections in response to complaints? c. Have you been cited as a result of these inspections? fi Personal protective equipment EJ Tools, power and hand Ef Electncal power lines Yes(N6,.1 Yes(N6'l YeslN6''l lf yes, describe the citations (add additional sheets if necessary): BF 25 or 39 DESIGNATION OF SUBCONTRACTORS 114y5 96 glppgp TRlMMlNG LAND Co., lNC. Each Bidder must lisl, on the form provided on the next page, each Subcontractor who will perform \riork or labor or render service to lhe Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed in the State of , Califomia who, under subcontract to the Contractor, specially fabricates and installs a portion ol the Work or improvement irccording to detailed drawings contained in he 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 cunenl license, and all requisite . specialty certiflcations, when listed. Bidder must provide the follorvrng information for EAg! Subcontractor. , 1. The name of the Subconkactor; 2. Itre trade and lype of work that the Subcontractor will performi ' 3. Location (address)of Subconlracto/s place of business: . Subcontractois license numbec and any specialty licensesi and 5 Dollar value of the Work that the Subconhaclor will perform . Subletting or subcontracting of any poffon of the Work in excess ol one-haff of one percent of the Contracto/s Base Bid to which no Subcontractor was designated in the original Bid shall only be pemitted in cases of public emergency or necessity, . and then only after a finding reduced to writing as a p.:blic record of the City setting forth the lacts constituting the emergency or necessity : tf tle Conkactor violates any of the above provisions the Contractor may be in breach of this Contract and the City may' exercise the optioo, in ils own discrelion, to (1) cancel this Contract, or (2) assess lhe Contractor a penalty in an amount nol more than ten percent (10%) of the amount of the subcontract involved, and this penalty shall be deposited in the fund oul of which the prime Contract is awarded. lf the Crntractor fails to specify a Subcontractor, or if the Contractor specifies more than one Subcontractor for the same trade' or type of Work to be perfonned underthe Contract in excess of one-hat[ ofone percent of the Contracto/s Base Bid Amount, . then the Contractor agrees that he/she is fully qualified to perform that Work himself/heEelf, and that he/she shall perform that Work himself/herself. lf after award of Contract, the Contractor subcontracts any such Work, the Conkactor will be subject to. the statutory penalties. DESIGNATION OF SUBCONTRACTORS FORU IS ON THE FOLLOWING PAGE B DDING FORMS ) BF 26 of39 BIDOING FORMS DESIGNATION OF SUBCONTRACTORS (continued) Please type or legibly print (attach addrtional sheets as necessary). *. 'ALL WORK W|LL BE PERFORMED BY TRIMIVIING LAND CO , INC." Name ol Subcontractor Trade and Type of Work to be Performed Business Location NO SUCONTRACTORS WILL BE UTILIZED L cense N umber Dollar ($) Value BF 27 of 39 I I BIDDING FORN4S The Contraclor shall not: A. Substitute any person as Subcontractor in place ol the Submntractor listed in the original Bid, except that the City may consent to tfie substitution of another person as Subcontractor in any of the following situations: 1. When the Subcontractor listed in the Bid, after having had a reasonable opportunity to do so, fails or refuses to execule a wrilten contract for the scope of Work specmed in the Subcontractois bid and at the price specified in the Subcontracto/s bid, wlren that written contract, based upon the general lerms, conditions, Drawings and Specifications for the Prqect or the terms of C,ontracto/s written Bid, b presented to the Subcontractor by the Contractor; 2. When the listed Subcontractor becomes insolvent or the subject of an order for reliel in bankruptcy; 3. When the listed Su bcontractor fails or refus$ to perform his/her subcontract; 4. When the listed Subcontractor fails or refuses to meet the bond requirements of the Contractor as set forth in Public C,ontract Code S€ction 4108i 5. When the Contractor demonsuates to the City that the name of the Subcontractor was listed as the result of an inadvertent clericalenor; 6. When the listed Sukontractor is not lic6ns6d pursuant to the Contractoc Lic€nse Law; 7. When the City delermines that the Work performed by the listed Subcontractor is substantially unsalisfactory and not in substantial accordance with the Drawngs and Specifications, or that the Subcontractor is substantially delaying or distupting the progress of the Work; 8. When the listed Subcontractor is ineligible to v,ork on a public works proiect pursuant to Section 1n7.1 ot 1m,7 of lhe Labor Code; or L When the City determines that the listed Subcontractor is not a responsible contractor. B Permit any subcontract to be voluntarily assigned or transfened or allow it to be performed by anyone other than the onginal Subcontractor listed in the original Bid, without the clnsent of the City. C Other than in lhe performance of'change orders" causing changes or deviations from the original Contract, sublet or subcontract any portion of the Work in excess of one-hatf of one percent of the Contracto/s Base Bid Amount as to which his/her original Bid did not designate a Subcontactor, Priorto approval oi the Contracto/s request for a Subcontractor substitution, the City shall give notice in wrlttng to the listed Subcontractor of the Contractods request to substitute and of lhe reason for the request. The notice will be served by certified or registered mail to the last known address of the Subcontractor. The listed Subcontractor who has been so notified shall have five (5) Working Days within which to kansmit to the City written objections to the substitution. Failure to file these written objections shall constilute the listed Subcontractods consent to the substitution. lf written objectons are filed, the City shallgive notice in writing of at least flve (5)Working Days to the listed Subcontractor of a hearing by the City on the Contractois request for substitution. The Contractor, as a condition to asserting a claim of inadvertent clerical enor in the listing of a Subcontractor, shall within tlrc (2) Working Days after the time of the Bid Deadline, give written notice to lhe City and copies of such notice to both the Subcontractor hdshe claims to have listed in error and lhe intended Subcontractor lyho had bid to the Contractor prior to the Bid Deadline. BF 28 ol39 BI9DING FORi\,1S .NO SUBCONTRACTORS WlLL BE UTILIZED" Bidder shall answer the following questions and submit with his/her Contract proposal. were bid depository or registry services used in obtaining subcontractors bid figures in order to compule yourbid? Yes D No n lf the answer to No. 1 is 'Yes', please forward a copy of the rules of each bid depository you used with this questionnaire. Did you have any source of subcontractors' bids other than bid depositones? Has any person or group threatened you with subcontractor boycotls, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories?YesE NoE lf the answer to No. 4 is 'Yes", pleme exdain the following details: (a) Date:(b) Name of person or group:(c) Job involved (if applicable):(d) Nature of the threats:(e) Additionalcomments: (Use additional paper if necessary) 3. 4. '1. 2 7. 5 6. Was a conscious eflo( made to recruit or provide equal s ubconkacto rs? opportunity for bids by minority or project area Yes Was a conscious effort made to recruil and hire prciect area lower-income residents?yesn NoE PIease submit statement. We declare under penalty of perjury that the foregoing is true and conect. No I Dated this 3rd dayof December 20 15 All of the above statements as lo expenence, financial qualifications, and available plant and equipment are submitted in conjunction with the proposal, as a part lhereof, ard the truthfulness and accuracy ol the information is guaranteed by the bidder, PresidenVCEO BF 29 oi 39 t, BIDDING FORNlS CONTRACTOR'S AFFIDAVIT OF NONCOLLUSION STATE OF CALIFORNIA COUNTY OF Los enqetes Basilio Martinez 2 3 being first duly swom, deposes and says: 1. That he/she is the President (Title of ofllce if a corporation, 'sde owner," -Partne[," or other proper title) of rRrM[,lNG LAND co.. tNc. , (hereinafter called "Contractof) who has submitted to the City ol Vernon a Bid for the conslructlon of the URBAN FOREST MANAGEI'ENT SERVICES; That said Bid is genuine; that the same is not shami that all statements of fact therein are true; That said Bid is not made in lhe interest or behalf of any person, partnership, company, association, organization, or corporation not named ordisclosed; That Contraclor did not, directly or indirectly induce, solicit, agree, collude, conspirc or contrive witll anyone else to submit a false or sham bid, to refrain from bidding, or withdraw hisiher bid, lo raise or fix the Bid pric€ of Contractor or o[ anyone else, or to raise or fix any overhead profit, or cosl element of Contracto/s pnce or the price ol anyone else; and did nol attempt to indrce action preiudicial to the interests of the City ol Vernon, or of any other Bidder, or anyone else interested in the proposed Conlract; That the Contractor has not in any manner sought by clllusion to secure for himsell an advantage over any other Bidders or induc€ action prejudicial to the interests of the City of Vernon or o, any other Bidder, or anyone else interested in the poposed Contract; That the Contractor has not accepted any bid fmm any Subcontractor or material supplier through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the Contraclor from considering any bid from any Subcontractor or material supplier, which is not processed through said bid depository, or which prevent any Submntractor or material supplier from bidding to any Contractor who does not use the facilities of or accept bids from or through such bid depository; Thal the C,onkactor did nol, directly or indirectly, submil the Crntractofs Bid price or any breakdown thereof, or the contents thereof, or divulge informaton or data relative thereto, to any corporation, partnership, clmpany, association, organization, bid depository, or to any member or agent thereot, or 4. 6 7. BF 30 ot 39 BIDDING FORMS to any individual or group of individuah, except to the city of 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 Califomia that the foregoing is true and correcl. Dated this 3rd day of PresidenUCEO at South Gate CONTRACTOR'S SIGNATURE MUST BE NOTARIZED , California Statel,'lonthffear BF 31 of 39 ALL-PURPOSE ACKNOWLEDGMENT state of cALtFORNtA County of LOS ANGELES o. la lo l lao ){ before me, ELIZABETH PoRrlLLo DATE' NAME OF NOTARY PUBLIC personally appeared fl personally known to me OR ffiproved 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), an 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 lhe instrument. WTNESS my hand and official seal. Piace Notary Sea{or Stamp Here ATTENTION NOTARY: Although the information requested below is OPTIONAL, it may prove valuable to persons relying on this Acknowledgmenl and could prevent fraudulent reattachment of lhis certificate to anolher document. DESCRIPTION OF ATTACHED DOCUMENT THIS CERTIFICATE MUST BE ATTACHED TOTHE DOCUMENT DESCRIBED AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES OATE OF DOCUNIENT BASILIO MARTINEZ SIGNER(S) OTHER THAN NAMED ABOVE THE BTDDER',S TNSURANCE COMPANY(S) OR TNSURANCE AGENT MUST COMpLm rHiS FORM AA]D THE BIOOER i/UST SUBMIT THIS CERTIFICANON WTH Ii{E BID FORMS, l, tl€ undeEigned (Pl€ase dEck one box) E underwdter Eirgent, cediry thal I and th6 Contractor fisted below have hintly revlel\Ed fto 'lnsurance Requlrem€nb' in ftese Eidding Docurneflts and trle ConFac{ Documenls. tf the City of Vemon ("City') awards he Conkacbr the Gontracl for this pro|:ct, I will be able---{vithln foorleen (14) calendar days aflor the C,ontraclor h rdifl€d of th6 ContEcts awaftHo fumlsh lhe Clty wlth valid lnsurance loms (including ooe or mtre lnsuranc€ cerlifcates and additonal Insured endorsemenb) that fulty meet sll of te lnsurance Requhem€nls. TOR lnsurance Services lnc. Nam€ of lnsunance Company Jose Laris 12t2t2015 Date Rachel Smith lnsurance AgEnt's Name (signature)Jose Laris 1840 W. Whittier tslvd #94 L a Hahra (lA 9(lti1{1Address City State Zip Code 855 867 0002 855 867 0002 rachel@torinsurance.com Telephone Number FM Number Email Address lnsurance Agonts Name (Pdnted) B6bw SHs the Nar}g ol lnsunnce C,onpany Prcviding Cowry: DO NOT wrlte'Will Provide,'To Be Determined,'"When Rquired,'or similar phrases. lnternational of Hannover Liberty Mutual @mmerEid Gon€ral Llablllty Autorpbile Lhbility State Fund Compensation Wo*ers' Compensation Liability Citv Will Purcias€ Polb/. lf roqulred Bulders Rlsk Pollulion Llabllity INOIE TO CoNTMCTOR: See 'lnsurarce Requkements' EXHIBIT 1 of the Contracl for lhe requirsrneol of obtalning roluton Uability lnsuranco.l NOTE T0 TllE UNDERWRIIER / AGENT: l, the lnsurance forms hat the Contraclor submib h h6 city do not fully comply with the lnsurarEe Requlremenls, andlor f th€ Cmtmdor falls to submit th6 forms withln the 14-day tirne limlL trc City may: (1) declare the Cofltracb/s Bid non-r€sponsive, md (2) award the Gonhad to ts rc( biri€st resporElble Bidder. nla BF 32 oI39 STANDARD FORM OF CONSTRUCTION CONTRACT BEN'VEEN CIW AND CONTRACTOR This Agreement is made and entered into at Vemon, Califomia this _ day of , 20 -, by and between the CITY 0F VERNON, a chartered municipal corporation (hereinafler "Crty') and a llnse( State of lncomorationl corporalion (hecinafler "Contraclof), for construction of URBAN FOREST MANAGEiIENT SERVICES. THE PARTIES HERETO AGREE AS FOLLOWS: 1, CON]MCT DOCUMENTS The 'Contract Docurnents" except for modifications issued afler executiofl of this Agreernent, shall consht ol the following documents which are either Ettached hereto as exhibils or sre incorporated into this Agreement by this rererence, with the same force and etfect as if set forth at length herein: A. Governmental Approvals including, but not limited to, permits required for the Work; B. This Agrcement; C. Exhibit 1 -Performance Bond; D. Exhibit2-PaymentBond; E. Exhibit3-MaintenanceBond F. Exhibrt 4 - lnsurance Requirements ; G. Notice lnviting Bids; H. lnstructions to Bidders; l. tsid Forms; J. Designation of Subcontractors; and K. Bidding Addenda Nos. _. 2, REFERENCE DOCUMENTS BF 33 ci 39 The following Refurence Documents are not considered Contracl Documents and ,,!ere provkjed to the Contractorfor informational purposes. Contraclor may rely upon the technical data contained in such documents but nol upon non- technical data, interprelations, opinions or provisional staternents contained therein: A. Geotechnical Reports dated B, Sewer Utility Plans 3. SCOPE OF WORK Within the Contrdct Time and for the stated Contract Sum, subject to adjuslments thereto, and puEuant lo the Contract Documents, the Contractor shall perform and provide all necessary: labor: seMcesi supervision: materials; tools; equipmentj apparatus; facilities; supplies; tmls; permits, inspections plan checks, and similar Govemmental Approvals; temporary utilities; utility connections; and transpo(ation necessary to complete the Work in strict conformity with the Contract Documents for: URBAN FOREST MANAGEI\,,IENT SERVICES 4, TII\4E FOR PERFORI\4ANCE Contract Time. Contractor shall achieve Substantial Completion of the Work within lhree (3) years from the Date ol Commencemenl in actordance with the Contract Documents. Contractor shall achieve Final Complelion of the Work, within the time established by the Certificate of Substantial Complelion issued by the City. The Contract Time may only be adjusted as permitted by ftis Construction Contract and the General Conditions. Time is of the essence of this Agreement Except wtren the Contract Documeflts state otheMise, time is of the essence in the performance of the Work. Contractor acknowledges that the time limits and deadlines set foft in the Contract Documenls are reasonable for Contractor to perform and complete the Work. Liquidated Damages. lf Contractor fails to achieve Substantial Completion o, the entire Work within the Contract Time for Substantial Completion, Conketor shall pay City as liquidated damaqes the amount of FIVE HUNDRED DOLLARS PER DAY ($$0.00) per day for each calendar day occuning afrer the expiration of the cs-0607 BF 34 cf 39 Contract Time for Substantial Completion until Contractor achieves Substantial Completion of the entire Work, as required by Article 3 of the Generdt Conditions of Contract, n Contractor lnitial here t'@_, 5, CONTRACT SUM ln consideration of the contracto/s full, complete, timely, and faithful performance of the work required by the Contract Documenls, City shall pay Contractor the sum of dollars/no cents ($-----------J, payable as set foff in the GeneralConditions ('Contract Sum"). lN WITNESS WHEREOF, the paffes have caused this Contract to be executed the date and yearfirst above wrilten. Executed at Callfomia lcontractols Corporate Seal] CITY OF VERNON: [Contract04: By: An Authorized Signatory Printed Narne: Title: Date: APPROVED AS TO FORM: By Name: Ti e: Date By: By: Name Title: ATTEST: Name: Titlel CONTRACTOR'S SIGNATURE MUST BE NOTARIZED BF 35 of 39 LIVING WAGE COMPLL{NCE CERTIFICATION This contract is subject to the city of vernon'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: . Pay no less than ten dollars and thfuty cents ($10.30) per hour with medical benefits, or eleven dollars and fifty-five cents ($ l 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 the City ofVernon. Additionally, on July lst ofeach year thereafter the Living Wage rate shall be adjusted by the change in the Federal Bureau ofLabor Statistics consumer price Index, for the Los Algeles area, for the most recently available l2 month period. Accordingly, current city contractors will be required to adjust wage rates no later than July lst, to remain in compliance. r Notify employees who spend any of rheir time providing labor or delivering services to the City of vemon who make less than twelve dollars ($ l2) per hour of their possible right to the federal Eamed Income Tax Credit (EITC) under $ 32 ofthe Intemal 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 vernon Living wage rates and the Califomia prevailing wage lates ftrr Lhe sante classificaL.ion ollabor, the Coltractor and subcontuactor shall lot pay less than the highest wage rate for that classification. The selected contractor lvill be required to show compliance rvith 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 providrng 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 ifthe 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 certiff and declare under penalfy ofpe{ury that if awarded the contract for which this bid/proposal is made. TRIMMING LAND CO, INC will comply with the l)V"*o, Mrrri"ipal Code Chapter 2 Article XVIII and the rules and regulations promulgated thereunder. I understand that failure to comply with the provisions of the Vemon Living Wage Ordinance may result in termination of the contract as well as other penalties as stated in vemon Municipal code chapter 2 Article XVIII. Presrdent/CEO (Title) (Date) Please return this form with your bid,/proposal. Questions conceming the Living Wage Orclinance should be directed to the Department of Finance - Purchasing Division 323.5 83.881 l. BF 36 of 39 i"li'lrl,lilr Itl i I I 'l l IlrI,i CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES Purchasing & Payables Division i05 Santa Fe AvenueVernon, CA 90058 (323) 583-8811 Fax (!Li) E26-1433 : lyww.cityofvernon.org/departments/finance Article I. Aflidavit of Equal Opportunity Employment & Non-segregaaion (Form AA-l) Article ll. 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 subnitting this form you are declaring under penalty of peDury under the laws of the State of Califomia and the laws of the United States that the information is true and mrrect. Furthermore, you are certit ing 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, disabitity, sex or age. Arld, your firm does not and will not maintain or provide for its employees any segregated facilities at any of is establishments. and that it does not and will not permit its emplovees to perform their services at any location, under its control, where segregated facilities are maintained. Name ofCompany:TRIMMING LAND CO lNc Business Telephone Fax number: (optional) Citv South Gate State cA Zip eo280 Contact Person Sandra Hernandez E-mail Address sandra@trimmingland com (optional) 9S3930843Tax ID Number (or Social Se€urity Number) Remit Address (if different)SAfuIE AS ABOVE Please state clearly and concisely the t1,pe(s) of goods and serrices your company provides: Tree Tnming, Palm Tree Trimming, Tree Removals, Palm Tree Removals, Stump Grinding 323-569-4498 Address 10513 Dolores Avenue Tree Planting, Citywide Tree lnventory, Emergency Tree Reponses The foltowing section is OPTIONAL and is for statistical roTrorting purposes only. Ownenhip (please check all that apply): African-American_ Asian_ Armenian _ Hispanic XX Native American_Disabled Female B= 37 of 39 Eo(!=oii! .: c, xc, 'O (Jg") .=- r! E> Ei q: aq orois --4 ;3€ EloE'a !l E 3E 8 da9c 859 3 =3;F ! a. s! o- -ol) =dr.:l E =., t.= z Eo () F -oo Eq <J'' > () E E F F E e(, o^r =E 9-o tr b P;:cx dj- E .: 'a< x.P I E (J) E E IL 5l j..j 'd Oz o() ozI oz =1=lalFl ; o. O o E z o E a I B c o 3 E E B o -oo o o- E o 1).o E =tr .c E iEoo'oo'o d.oo.- !=oo EI ETr-l >dl 8uY.9E =l -E.=l ai ! Sl bE 5l .,8 Eo,l S:9l oo .:el tr-d!l : sr.loa -ol i o.r -laOHI E;olo'o 0.I OE e2 9-(,Ct;,'D _.. .o- !.9 oll o .2a = I I EEtr,! E Ebze o. q o.^ < r'&It* I .9: .9c _. o_^ -ao og zIF (,) O th ,i! o> d o o o- -4. F i-) r= o o B O !T o ?= o9 o5 I o .9 -l t-cF oC'-a E=a ; a .o ot = E+ao ?bo tua o= do! LO >a, aq;U O- tr.o >.E -o <€7a OL ^9 Ca BI 3 ql 9l = 8t tl 5l ti '9-' zl Jol .11zlI ol2 dl*l >.tr o(.) Hz -l=l =l'51 dl =lil EI 5l -./ ) l I -l l I I lr ADDITIONAL IN FORMATION ABOUT TRIMMING LAND CO., INC. City of Vemon !!!b qlLo rc s t M a n o g e m e nt S e ru ic e s Poge 7 December :r, 2075 Execulve SuuuvrRRv Since our inception back in 1977, Trimming Land Co., lnc. (TLC) has done complete tree maintenance work with over 50 municipalities in Southern California. Today we work together to service many cities, such as the most intelligent City in the world Riverside whom was awarded this prestigious award in June 2012. Currently, we have been servicing an All American City in the State of California, City of Lynwood. Recently, we were awarded a tree maintenance contract with a Tree City USA, City of El Monte and the City of Compton. TLC's professional arborists have been contracted for many years to service trees throughout the communities to provided services that include Brid tree trimming, routine tree trimming for safety and clearance purposes, tree removals, emergency response services, tree inventory and consultation services. Since many cities have opted to contract out tree maintenance services, our professional arborists and staff have diligently worked with many clients to provide the best tree maintenance by using industry approved equipment and very competitive bid prices to keep our clients within the allocated budgets. All of our staff members are dedicated professionals who work in accordance with regulations related to the tree care industry. Through ourexperience and performance over the years, we have builta company that ls made up of our reputation of high quallty work, highly trained field personnel, great customer service, and competitive prices. Enclosed for your review we have attached summaries of our company's experience, personnel/management, references, governmental work history, tree inventory database and quality control plan. Please note that Trimming Land Co., lnc. meets all of the minimum requirements to be able to completely service the City of Vernon. After careful review of the complete RFP, TLC accepts all conditions listed in the Tree Maintenance, Request for proposal. Management Team assigned to this important project are as follow: > Tony Martinez,VP of Field Operotions 3lO-7O4-9885 (tonv@trimminsland.com) > Angel Sotelo, Director oI Morketing & Public Relotions 323-707-5125 (aneel@trimmingland.com )) Sandra Hernandez, Director of lnternol Operations 562-500-1207 (sandra@trimminsland.com) Please feel free to contact a ny of your assigned management team directly, if you have any questions or need further information or you may contact our Corporate Office at 323-569-4498. It will be our pleasure to begin a great working relationship with the City of Vernon on this very important project. Proposal for Tree Maintenance Services is valid for a period of 90 ca lendar days from date submitted. f,rnrnnnrr.ro LAND co., rNc. )iir lIrii Ii:li I IIr City oJ vernon Poge 2 Urban Forcst Services Decembet 2015 Corupnruv lruroRulrtou Trimming Land co., lnc. (TLC) is a California corporation that has been providinS complete tree care maintenance for 38 years and is currently owned and operated by Mr. Basilio Martinez, original founder. TLC specializes in the FULL circle tree care maintenance services and prides itself on the quality of properly maintaining all trees for our clients in a professional and timely manner ensuring tree related public safety at all times. Our company provides a web based database to store our clients' complete tree inventory. Our contractor's State license is in good standin8 with the State of California. We are fully insured with "A" ratinB insurance companies. Please see "Exhibit A" for complete company details. TLC has current value contracts of similar nature ranging from s50,000 a year to s1.2 million a year. All projects are treated with high priority. Please see "Exhibit B" for similar tree maintenance contracts. TLC prides itself on not having a high turnover, currently 85% of our employees have been with TLc for over 10 years. The structure in our company is to organize smallwork units, unless otherwise instructed by client on large work unit groups. TLC quickly introduces new employees to the orBanization's culture and properly trains them for their assiSned .iob/tasks. Keeping our employees motivated and happy provides for good service and very low turnover. Trimming Land Co., lnc. has no significant transactional events in the past three (3) years such as bankruptcies, contract defaults, mergers, acquisitions or any other legal liabilities. TLC acknowledges no addend's were issued by the City of Vernon. Corporate Office Trimming Land Co., lnc. 10513 Dolores Avenue South 6ate, cA 90280 (323) 569-4498 323) s69-3747 f,rnrnmrruc LANo co., rNc. I'l tlti I i lllr I l ll I ,lli Company Name Address Phone Number Fax Numb€r oziooozJo == =tF (ut!oo -gCI Eou .9.tr.PE!;ooc.=g:-> =3>> 9J oJ ='0(J O- .2.c. --ctsooJooq>(D r:uo- c.co5 '-,:c(riJy<Eg;J-Q3r.E; EU 6 EE or'r E (J=>E o C,o (!o l-. OrooN F..o ao O) o rEo :ooo.-oo& l OJ o c oor-cO= n?>3 o3 o q,tl F o.EPo,o-9 -cLx-->,: UE o,/ .E o =c(J3>E f -c -OEO-c>qt- ? OJTEOori > =cuEEo,(:>5 orF EE 2orogiC.Jt ; OO e.=(J eSiEoE 6 orv=cui r-!/)!.=o tr b.= rE.= ts53-94 t!=69FE c : E oq c .9 Et E _e Eo OJo. CG EE E c _! E ..1 ooo- co o! e-oOUOL 14 l:L o co EO (,) = qJ E o oa 3 o .P- .9Elo- oE+ o<5 {o o SLo q. t !o o lr E o.) s 0rb E o tt to lt trl .qEBr.O.!{Ea E Eos -BoaSq>r:bt}E City ol Vemon Poge 4 Urbdn Forest Decemher i, 2075 Lrcerusrruc TLC is a licensed contractor in the State of California {State license fi51291E) and holds the C61, D49, and the C27 licenses all in good standing. TLC a Cdlilomia Corporotion, since 1.984, Federal ldentification number 95-3930843. Our company is a Certified Minority Business Enterprise (MBE) certified with the City of Los Angeles our certification number is #14 and we are also a Certified Small Business Enterprise (SBE) with the State of California our certification number is #12641. TLC is also registered with the Department of lndustrial Relations, registration fl1000020810. Attached for your verification is a copy of our Contractor's License Detail, "Exhibit C". "Exhibit C"ffi "o*t*,.".oRs sTATE LrcENsE *o*t @ Contracto/s License Detail for License # 612918 OISCLAIIER: A llc.lt!. 6! cH( plgYltb lrb]r|rdon t ton llom the CSL! llcali.e d.btlB., l€loro r.lyl4 on 0 a llrlor alon, you rhould ba a!$.!! ol lia bllorulnl ll litdont CsLs 6nD$n d..baE a E.xn C ny ra, €]tP 712,1 O { rlb {li h !al.!t ro ,rti @n{.hl dh.bm. . H i6 Erph,l dr.seE va.pp.r. !d@ qcr d 6. hr * burrDn ro otr.h orpLit ."dJc. hgc.clon h oErtbr P..AIP 707 t r7 . 6V o.tsdfi 6rbd di{Fdlmrb Epdr.d ro lE call .D cl.Erd, a*re c nor DB Dhs! lE onxldor r.E ir drot idr It€ trfi ot ln. .r&.!otr IIl! r! sllnd, nEE mr bo .l.Ed r{omron att h$ nol Ft b.m nl.E6 dto nF 8d,n r bM d.l.bu tleta oJnenl 6s of 6/16/z)15 S.39:m AY iBu6haa6lnbmadon : TRTUT {G [nND CO tNC Iros13ooloRESAVENUE I SOtITH GATE. CA 9O2IO 8uin6$ Pnon. NuBbei{323) 668-44e€ ldli, ColPorauon lr.lr Dlt. 02,/15,19e1grp}rDtt 02tBt2M'J Llcansa SlrtuE curanl Cl6sElfic.tlons D4O.TREESERVICE C27 . L-AN DSCAPING Bonding lnformstion Bond ol qu.itlra lndv ldu.l ThB R.!p slbl. l,l.mglng Ot€r (RMO) SERRAIIO Ba€Lo raARlt{EZ crrn&d hrl i.rlhc o*m l0 p.....* or moG olil€wrng sbltbquiyoltr. c.rpoEli@.ADondolqu lyrng lndMdualI!.r!( r.qulrd- EftuGdv.D.t:02fi5/499t Ihlr lc!n.. at.d Bo6d ot clrlltlng kxflndual auhler lcraal a2 b, MARTNEZ JOS€ CAsAs n h6 lrmLr.l ol 31?,aoo wlh AI/ERICAN CONTRACT@S lN OEMNITY C O,{PANY Efrclk O.r.rO3A2,2O0t BOr! Aon l Hlsbry sc6073!2 | 12,500 03n22t)1)9 ,a ITRTMMING LAND CO., tNC. City ofVernon Pdge 5 Ufton Forest seruices December Srnrrrruc Trimming Land Co., lnc. employs over 70 full-time professionals. our experienced professionals are led by an accomplished management team. Following are brief backgrounds on TLC'S management team. An organizational chart is shown below as "Exhibit D". Basilio Martinez, President ln 1977, Basilio founded Trimming Land Co., lnc.(TLC). He is the CEO ofTLC, and is 10O% owner ofthe corporation. With over 30 years'experience and his very hard work and effort in the tree care and landscaping industry he has made Trimming Land Co., lnc- a successful business. He is and has always been a hands on person when it comes to running his business, he is actively involved in all of the day to day operations. Basilio is very involved in the management of fleet maintenance, repairs and the purchasing of all major equipment. He is also a lifetime member of the lnternational Society of Arboriculture (l.S-A-) Basilio Martinez ll, Vice President As one of our newest addition to TLC, Basilio brings to TLC his Public Relations a nd Marketing experience from the solid waste industry. His professionalism, enthusiasm and great attitude is exactly why Trimming Land is excited to have him on board. Elvira F. Martinez, CFO Elvira is the Chief Financial Officer since L977 for Trimming Land Co., lnc. She is responsible for the accountinB, she oversees and manages TLC's accounting functions; accounts payable, accounts receivable, payroll and preparation of the Corporation's monthly financial statements. lrrbr&iin@darrd{a( I {rnrr'aurruc LAND co., rNC. 1, I i I' Iir I I "Exhibit d'CITY OF VERNON F Mce President ANGEL SOTELO VP of Field Operations )irectorof I nterna I O perations IOqF ' MARTINFT Field Area ManaBer ALEX RO]AS FIELD SUPERVISOR ASSIGNED City ol Venon Page 6 Urbon Forest SeNices December 2015 Tony Martinez, VP of Field Operations Tony has been with Trimming Land Co., lnc. since 1993, he has over 20 years' experience in the tree care and landscaping industry. He started with TLC as a ground-man while attending College. He is respo nsible for field operations, sched u ling a nd the ma nageme nt of a ll crews. He is also actively involved with the implementation of our proprietary web based database that supports the tree inventory that was created by TLC. Tony is a Certified Arbo rist a nd Utility Specia list u nder the lnternational Society of Arboriculture (WE-1278AU) since 1993 making him the youngest Certified Arborist that year. Tony, is also Certified as a Wildlife Protector (#582) with the Wildlife Training lnstitute. Tony holds a B.A. in Political science from Cal Poly san Luis obispo and has completed over two years of Landscape Architecture and Ornamental Horticulture. Angel Sotelo, Director of Marketing and Public Relations Angel has been with Trimming Land Co. lnc. since 2007. Priorto that he has over 5 years'experience in the tree care industry. He is a Certified Arborist and isthe Director of Marketingand Public Relations for our Company. Angel overlooks TLC existing contracts and ls involved in the procurement of new contracts. He is currently on the President of our local chamber of commerce and is deeply woven in community affairs. Sandra Hernandez, Director of lnternal operations Sandra is the Director of lnternal Operations for Trimming Land co. since 1993, she has over 18 years' experience in the tree care and landscaping industry. Her experience lies in pro.iect managing and administration. She supervises the day to day operations internally and in the field, in addition to managingthe integration ofallservicesatTLC. Sandra makesthe ideal Directorto helpTLCsucceed in today's evolving tree care and landscaping industry. Jose c. Martinez, Field Area Manager Jose has been with Trimming Land Co., lnc. since 1985, he has over 25 years'experience in the tree care and landscaping industry. Mr. Martinez began his career with TLC as a ground man, tree trimmer, foreman and is now a Field Area Supervisor. He is a Certified Arborist under the lnternationalSociety of Arboriculture (WE-4589A); also, he is certified in CPR, First Aid and Aerial Rescue. As the Field Area Supervisor he supervises the field operations, assists with safety meetings and management of field crews. Alex Rojas, Field Supervisor Alex has been with Trimming Land co., lnc. since July 2011. He has over 8 years'experlence in the tree care and landscaping industry. As the Field Supervisor Alex supervises field operations and management of crews. He is also lnvolved in the scheduling of proiects in both public and private sectors- '.1 a ry qF {,rnrmmrHc LAND co., rNc. !' Iil,J l I I i i,l J City ol Vemon Poge 7 Urbon Forest services Decembet i, 2075 Cowrplruv PRonle aruo CattroRNtA Loclrtorus Trimming Land Co., lnc. (TLC) corporate office is located in the City of South Gate and one of our maintenance and storage yards is located in the City of Riverside. Below are the addresses for our corporate office and our Maintenance/Storage yards. CORPORATE OFFI€E: 1051.3 Dolores Avenue south Gate, cA 90280 Main No.323-569-4498 Toll-Free No. t-800-37 8-7332 Emergency Response No. 310-420-3238 MAINTENANCE & STORAGE YARD: 9301 Laurel Street Los Angeles, CA 90002 Yard No. 323-567-9845 RIVERSIDE COUNTY MAINTENANCE & STORAGE YARD: 6840 Van Buren Blvd. Riverside, CA 92509 We have a fully equipped staff of qualified mechanics to handle any equipment repairs in the desi8nated and assigned facilities. The mechanics at Trimming Land have cellular phones that are used to communicate between ALL staff members throughout our company. Our mechanics have service trucks equipped with everything they might need in order to get the repairs done immediately. lf our mechanics determine that the equipment needs to be brought back to our main maintenance and storage facility for further inspections and repairs, we have a partnership with a tow company that can tow anything from a pick-up truck to a roll-off bin truck. TLC works v€ry closely with several professional nurseries throughout the Los Angeles, orange, San Bernardino and Riverside County. Our company has the financial means to acquire many specie trees of different sized boxes- we have our facility storage yard completely equipped and secured to store any trees we may acquire for the City olVernon. Trimming Land co., lnc. office and field representatives have cellular phones and tablets to communicate between office and the field. We also, have emails as another way of sending further information with attachments between office and field representative. f,rnrmurHo LAND co., rNc. Poge I Services Decembet 2015 ExpeRrerucE AND Rerenerucrs For 38 years we have been providing complete urban forestry and landscaping services to over fifty (50) municipalities along with and extensive list of school districts, parks, and business associations, commercial and residential clients. DurinB this time frame we have successfully completed municipal and county contracts in california, for which we have trimmed in excess of 2,OOO,OOO trees and removed over 50,000 trees during this same time period. ln addition, the company has experience in the planting of15gallon,24",36" and 48" box trees as well as transplanting various trees and palm trees. Allworkis performed in a very professional manner by highly qualified tree professionals with years of experience in the tree care and landscaping industry. Enclosed are a few of our clients as reference that are simila r to the size, complexity and scope of services, please feelfree to contact them. All work is performed in a very professional manner by highly qualified tree professionals with years of experience. Tree Maintenance Services for LAX Airports. Provide tree trimming services to meet the requirements of the Los Angeles World Airports. There are approximately 7,OOO trees on airpoft property that require periodic trimming. Trimmed various broadhead trees, palm tree trimming, tree removals and performed stump grindinS. TLC relocated (transplanted) approximately 50 palm trees from one airport location to another airport location. our company used specialized equipment and staff able to trim LAWA'S trees in a cost-effective and timely manner with minimum disruption to traffic flow and the traveling public. Project work schedule consisted of both day and night shift tree maintenance. Tree pruning and maintenance services of over 9500 trees throughout the city of Lynwood. project consisted of completely removed over 3oo hazardous and dead trees the first year. Began a tree planting program that consisted of planting and watering over 200 trees throughout the City. Responsible oftaking complete tree inventory throughout the city of Lynwood and maintaining all information on a web-based database. our company has continuously maintained the city,s tree beautification program. g !|TRtMMtNG LANO CO., tNC. CLIENT NAME: LoS ANGELES WoRLD AIRPoRTS (LAx) ADDRESS: 7411 WoRLD WAY WEST, LoS ANGELES, cA 90045 PROJECT NAME: CLIENT NAME: PRoJEcr DArE: 01/2000 to 1212009 coNrRAcr AMouNr: $700,000 CLIENT NAME: CITYOF LYNWOOD, CA ADDRESS: 11330 BULLIS RoAD, LYNwooD, cA90262 PRoJEcT NAME: TREE PRUNING AND MAINTENANCE sERvIcEs PRoJECT DATE: CoNrRAcr AMoUNT: 91,320,000 I -', I l -l -) I lr -i Schedule tree trimming, tree removal, recommended schedule planting, and clean-up/disposal, root pruning/root barrier, tree inventory by species, tree care and emergency on-call services citywide. TLC began the tree planting program that consisted of planting and watering over 1,200 trees throughout the City. Perform Municipal Tree Management services for the City's Public Works Department. Approximately maintain over 20,000 trees throughout the City of Riverside. Completely remove various trees and palm trees as well as perform stump grinding and root pruning. Planted various box size trees with and without root barriers. Responsible of taking complete tree inventory throughout the City of Riverside and maintain all information on a web-based database. Our company used specialized equipment and staff able to trim Riverside's trees in a cost-effective and timely manner with minimum disruption to traffic flow and the traveling public. Our company was readily available to respond to after-hour's emergency work and special service requests. Annually trimmed an excess of 8300 trees a year for the annual citywide tree maintenance program. Completely removed hazardous trees. Responsible to taking complete tree inventory throughout the City of South Gate and maintain all information on a web-based database. Responded to emergency response work orders. Performed stump grinding at various locations throughout the City of South Gate. Our company provided citywide tree planting services for the South Gate Urban Reforestation, Phase ll program, plantinB over 1,500. {rnrmurruc LAND co., rNc. City ol Vernon Poge 9 lJrbon Forcst Monocement SeMices Decembet 3, 2075 CLIENT NAME: CITY oF CoMPToN, CA ADoREss: 205 S. WLLOWBROOK AVENUE, COMPTON, CA9O22O PRoJECT NAME: PRoJECT DATE: 10/2013 to Present CLIENT NAME: CITY oF RIVERSIDE, CA 39OO MAIN STREET, RIvERSIDE, CA92522 CLTENT NAME: RoBERT FTLTAR (951 ) 826-531 1 PROJECT OATE: 07 1201 1 to Present CoNTRAcT AMoUNT: $5,062,500 Ctretr Nalae: Crrv or Sourn GATE, CA 8650 CALIFoRNIA AvENUE, SoUTH GATE, CA 90280 PRoJEGT NAME: CITYWIDE TREE MANTENANCE PROGRAM CoNTRAcT AMoUNT: $901,600 Poge 70 Trimmed trees for the annual citywide tree maintenance program. Completely removed various trees and performed stump 8rindin8, root pruning/root barriers. TLC also provides the city for emergency call out services- Responsible of taking complete tree inventory throughout the city of lnglewood and maintain all information on a web-based database. Tree Maintenance Services for (3 Airportsl LAX, Ontario, and Van Nuys Airports. provide tree trimming services to meet the requirements of the Los Angeles world Airports. There are approximately over 7,000 trees on airport property that require periodic trimming. Trimmed various broadhead trees, palm tree trimming, tree removals and performed stump grinding. TLc rerocated (transpranted) approximately 50 palm trees from one airport location to another airport location. our company used specialized equipment and staff able to trim l-AWA's trees in a cost-effective and timely manner with minimum disruption to traffic flow and the traveling public. Project work schedule consisted of both day and night shift tree maintenance. {rntrtuatruc LAND co., rNc. CLIENT NAME: CrrY oF INGLEwooD, cA ADDRESS: ONE MANCHESTER BLVD. lNGLEwooD, GA9{t30i PRoJECT NAME: TREE MA|NTENAT.TCE SERvtcEs PROJEGT DATE: 7E2O13Io Present cLTENT NAME: LOS ANGELES WORLD AtRPORTS (LAX) ADDRESS: 7411 WORLD WAY WEST, LOS ANGELES, CA 90045 PROJECT NAME: TREE TRIMMING SERVICES CLTENT NAME: ED MELARA (424) 6-7900 (emelara@lawa.orq) PRoJEcr DaTEi 0112012 to Present CONTRACT AMOUNT: $967,1 12 city of vemon Urbon Forest Monogement Seruices Poqe 71 December i, 2075 TecHrurcal AppRoRcx/Quaurv CorurRor Puru Trimming Land Company, lnc. (TtC) would assign.,ose Martinez, Field Area Supervisor to the tree maintenance project. Mr. Martinez has over 20 years' experience in tree maintenance projects and is an l.S.A. Certified Arborist (#WE-4589A), and is also an t.S.A. Certified Tree Worker. He is also certified in Cardio-Pulmonary Resuscitation (CPR), Certified in First Aid and Aerial Rescue. Mr. Martinez is currently the Fleld Operations Manager of Trimming Land Co., lnc. and has supervised the completion of contracts with the County of los Angeles, City of Los Angeles, Orange, San Bernardino, South Gate, San Diego and Ventura. Currently he is supervising TLC's tree maintenance contract with the County of Los Angeles. PERFORMANCE OF WOR(. A. Daily - Weekly Supervision: 1. Report to City representative on a daily basis. 2. Supervise tree services crew to maintain proper trim patterns- 3. Supervise traffic control. 4. Report any dahrages or injuries within one hour of occurrence. 5. Respond to any residents/personnelcomplaints or questions concerning project. 6. Final inspection of tree work to insure proper clean-up on daily basis. 7. Maintain daily records of hours worked by each employee and work completed. 8. TLC'5 authorized representative shall meet with the City representative each Friday between 8:30 and 9:0O am, or anytime specified by the City Grounds Supervisor for the purpose of reviewing the week's work, receiving special instructions, and to discuss any problems encountered on the job. Also TLC shall on each Friday, or as specified by the City, submit to the City (En8ineer a weekly copy of daily work reports throughout the term of the contract. ln addition, the contractor shall advise the Grounds Supervisor of the following Week's schedule. Daily work records shall be formatted for easy translation in the AGENCfS Excel program or as directed by city staff. Trimming Land will notify the City of any changes in start date of each tree maintenance operations at least 48 hours in advance. Should Trimming Land discontinue work for any reason, the City must be notified immediately as to the rationale behind the shut-down and the restarting date of operations. Work Schedule: Trimming Land will start the tree trimming project within ten (10) working days of award of contract or as to be determined by the City. Trimming Land will, prior to commencing work, submit and gain approval of a weekly work schedule indication the order, location, and completion of work based on the information provided by the City representative or Grounds Supervisor. TLC will notify the City of the work schedule on a daily and weekly basis. The schedule will be submitted for approval in writing at least 48 hours prior to the commencement of any tree work in the City or as directed by the City representative and Grounds Supervisor. 9. B. 1. 2. PARKIlIG TREE TRltlMltE l[ !|TRTMMTNG LAND co., tNc. 3. 4. City olVernon Psge 72 Utbon Forest Seruices Decembet 3, 2075 TLC must notifi/ residents 48 hours in advance prior to restricting street parking or access to work area. TLc will post "No-Parking" signs with the date of work to be performed including notification of tree trimming on each sign 24 to 48 hours in advance of operatlons. Only one job site shall be worked at a time unless specifically approved in advance by the City lnspector or his authorized representative. As soon as notified by the City of award of contract Trimming Land representatives will meet with City Representative to develop a preliminary work schedule for accomplishing the work. Tree trimming schedule will be modified, as necessary, durinB the course of the contract, based on City trimming needs. Tree work Performed: Will be according to the lnternational Society of Arboriculture or National Arborist Association and to the City speclfications (see detailed specifications of Request For Proposal). Trimming Land will maintain a written log of all complaints including the date, time of occurrence, location, problem, and action to be taken pursuant thereto or reasoning for non- action. Log is to be reviewed by the City representative at the end of each day or as directed by the City. Pictures are to be taken at time of incident. Hazardous Tree Notifications: TLC will report to the City Arborist/ Grounds Supervisor of any tree defects or hazardous trees within an hour of notice. Any activities found by the City to be unacceptable will be rectified immediately. All other complaints shall be abated within 24 hours of occurrence by Trimming Land. Trimming Land will be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work. The City authorized representative will serve as mediator between the contractor and resident if property or vehicular damage should occur during the course of work. SiBn stands, delineators and/or cones shall be used to identify work site for vehicular and pedestrian safety. Trimming Land will exercise precaution as necessary when working adjacent to aerial utilities. ln the event that aerial utility wires present a hazard to TLC's personnel or others near work site, work is to immediately cease and the appropriate utility company notified by TLc. Sprinkler repair will be made immediately. All TLc supervisors'trucks are equipped to handle most sprinkler repairs as they occur. No hooks, Baffs, spurs, or climbers will be used by anyone employed by Trimming Land for tree trimming. Plants or other materialgrowing on the trees shall be removed at Eround level at time of trimming. Hours of work in City: TLC will observe all holidays recognized by the City and the City shall provide inspection for a 40 hour work shift (7:00 am to 4:30 pm or as directed by the city) Before performing any work at said times, TLC shall Sive written notice to the City so that proper inspection may be provided and so that appropriate noise and liShting standards may be imposed. No maintenance functions that generate excess noise which would cause annoyance to resldents ofthe area shall be commenced before 7:00 am. Clean-up&BMP 1. TLC shallclean alljob sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets. c. 4 5. 6. 8 D. 7. 2. r{t !|TRtMMtNG LAND CO., rNC. I I _j City ol vernon 3. 4. 5. 6. 7. 1 Each day's scheduled work shall be completed and cleaned up and under no circumstances shall any brush, leaves, debris or equipment be left on the street overnight unless authorized by the Director, her/his designee, and residents adiacent to equipment are all notified. City authorized representative shall be the sole judge as to the adequacy of the clean-up. TtC shall fully adhere to the City's BMP practices. Temporary Sediment Control shall be utilized to prevent any green-waste materialfrom entering the storm drains. Vehicle washing, mechanic or other non-storm or other activities shall be contained within the project site using the right BMPs. TLC will adhere to Federal, State and local requirements for BMPS. Compliance with laws and ReBUlations: TLC shall keep employees fully informed of and shall observe and comply with, and shall cause any and all persons employed to observe and comply with, all State, Federal, County and City, laws, ordinances, regulations, orders, and decrees which in any manner affect the conduct of the work. Drug Free Workplace: TLC published a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor's workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibitions. TLC has established a Drug free Awareness Program to inform employees about the dangers of drug abuse in the workplace. TLC'S existing policy of maintaining a drug free workplace and the penalties that will be imposed upon employees for drug abuse violatlons occurring in the workplace. Taking appropriate personnel action against such employee, up to and including termination. Brochure/letter: Trimming Land will provide the City a "Public Notice of the Tree Trimming Program" for approval before starting any tree work in the City. A draft copy has been included in this document if required in bid. Photographs: Trimmin8 Land will supply the City representative photographs of "Before and After" trimming that is suitable for reproduction if required. Trimming Land will supply the City representative photographs of any damages that occur to public and or private property or persons. F. G. H. 2. 1. 2. {,rnrnnn,trruc LAND co., rNc. Utbon Forest Monoqement Seryices Poge 73 Decembu 3, 2075 li i Iliij -l I I )-i ritl City of vernon Poge 74 J, DisposalofMaterials: 1. All tree branches produced as a result of TLC'S operations wlll be reduced reused, recycled, and/or transformed. 2. Weight slips or load slips for material removed from the City will be submitted to the City once a month as proof of final disposal to a recycling facility for documenting reusage per AB 939. 3. All tree branches chipped and/or mulched shall be made available free ofcharge to the City. 4. Trimming Land operates a fully licensed and permitted Green Waste Transfer & Recycling facility in the City of Los Angeles. K. Public Safety/ Traffic Control: 1. TLC shallfurnish, erect and maintain such lights, barricades, bridges and other devices as required by the City, state, Federal and County "Public Safety'' of the Standard Specifications. Should the City point out the inadequacy of warning devices or should the City approve the location of warning devices, such action shall not relieve Trimming Land of responsibility for public safety, nor abroBate its obligation to furnish and pay for these devices. All construction signs to be used on the.iob site and on the approaches to the .iob site shall conform to those standards set forth by the State of California, Business and Transportation Agency, Department of Tra nspo rtation, Manual of Traffic Controls, latest edition and WATCH (Work Area Traffic control Handbook). Barricades shall be effectively reflectorized by having not less than one-half of the top board of the barricade covered with reflectorized sheeting surface or two 3-inch diameter reflector units. All other types of delineators shall have reflectorized sheeting, other reflective surfacing, or 3- inch unit reflectors. All warning flashers shall be kept in Bood working order and each flasher shall have some type of reflective surface. No material or equipment shall be stored where it will interfere with the safe passage of public traffic, and at the end of each day's work and at other times when tree trimming operations are suspended for any reason, TLC shall remove all equipment and other obstructions from that portion of the roadway open for use by the public traffic. Spillage resulting from hauling operations along or across any public traveled way shall be removed promptly. whenever TLC's operations require one-way traffic or create a condition hazardous to the public traffic, TLC shall provide and station competent flagmen whose sole duties shall consist of directing the movement traffic through or around the work. TLc shall also furnish such flaggers as are necessary to give adequate warning to traffic or public of any dangerous conditions as included in the various bid items. Under no circumstances will any City street be closed to thru traffic unless authorized by City official. 2 3. 4. 5. 7. 8. {rnrnrr'aruo LAND co., rNc. City ol Vernon Poge 75 Urbon Forcst seruices Decembet 3,2075 L. Customer Service: TLC has highly trained customer service representatives in speaking with the public on any concerns they might have. All of our customer service representatives are very patient and courteous, they have been trained to use the best possible approach to address any concerns or issues that might arise from the residents or publlc. At TLC we understand the importance of listening to a resident's complaint NOT interrupting them while they are speaking at all times we are respectful and calm. This will at all times help resolve the issues on hand immediately and efficiently. Our protocol isto have complaints resolved within24to48 hoursof the incident. Our representatives are trained to specifically handle and resolve dama8e to any property, both private and public. TLC has the capability to immediately address and dispatch our incidents representative to the incident site to take the proper measurements and take action right away. All repairs should be acceptable to the City of Huntington Park, and the private property/resident Sample Door Hanger on Next Page s IITRTMMTNG LAND CO., rNC. CITY OF VERNON TREE MAINTENANCE NOTICE The City of Vernon has awarded the pruning of parkways trees to Trimming Land Co., lnc a privale contractor. The contractor will be pruning trees on your street within the next couple of days. There will be "NO PARKING" signs posted due to the danger of falling limbs, There will be "NO PARKING' beMeen the hours of 7:00 am to 4:30 pm. Please do not park on the street until the trees have been pruned and the area cleaned. Additionally, due to the hazard of falling limbs we ask that you clear your front yard of cars, fumiture, and other valuables (especially children) during the pruning operations. Your cooperation is very much appreciated. lf you should have any questions please feel free to contact: CITY OF VERNON PUBLIC WORKS DEPARTMENT (323) 583-8811 TRIMMING LAND COMPANY INC (323) s69.4498 CUIDAD DE VERNON OEPARTAMENTO DE OBRAS PUBLICAS (323) 583-8811 TRIMMING LAND COMPANY INC (323) 569.4498 ,: .: : I i I l:l,: : : : i : i i CIUDAD DE VERNON I NOTIFICATION DE MANTENIMIENTO DE ARBOLES i La ciudad de Vernon ha concedido el mantenimiento y el corte de Arboles de la Cuidad a Trimming Land Co., lnc un contratista privado autorizado. El contratista podara los arboles de su calle en los proximos dias. Habra anuncios , de N0 ESTACIONARSE "NO PARKING'Para avisar a los r ciudadanos de posible peligros de caida de ramas. No Habra estacionamiento entre las horas siguentes: 7:00 am a 4:30 pm. Por favor no se estacione durante este horario hasta que el trabajo haya terminado y la calle este completamente limpia y segura. Agradecemos su cooperacion y compression Si tiene alguna pregunta por ti -.) City olVernon Poge 76 TLC dBASE Computer Software Svstem Trimming Land Company tnc., (TLC) has created a propriety web-based database that is user friendly and very reliable. This system uses the most modern and innovative technology out in the market. lt provides real time updates on work-history and makes it a viable tool for city users. How lnventorv ls Collected or lmported? A Certified Arborists will walk the streets with a Handheld GPS System and Create an Arc View File, with each tree slre entering the information to be imported into the database. This will include but not limited: Address, On Address, Tree Site, Tree Side, Species of Tree, DBH of Tree, Height of Tree Health ofTree, and ifthere are power Lines. lf the city already has inventory and work history for prior years we willtake the information and import it into our system alonR with the work history provided for the prior years. lmportant and Detailed lnformation for Each Site Our state of the Art System provides very accurate and up to date records of each tree being worked on in the city with real-time updates. Each Tree has a specific lD and is unique to our system so no tree has the same lD. you have the capability to print or export any of the important characteristlcs of each site. For example a before and after photo of each site being completed. By clicking the arrow next to work history you will have the full entire history of this tree by the click of a key. Work Orders and Billing You will be able to create work orders, track them down on real time basis, know what the progress of that individual job and receive instantly an invoice for that work performed. A of our supervisors are equipped with Laptops, and Blackberry,s so they instantly get the work orders and update the status of each individualjob. tn' .t .a l* 4 d- I l -l f,rnmllaruc LAND co., rNc. li Iirlti.t I 'l l j i-i Irl Iii i: EXHIBIT D LIVING WAGE PROVISIONS Minimum Livinq Waoes: A requirement that Employers pay qualitying 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 Otf: 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 lor sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to lhe 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 attomey's fees, or lo compel City otlicials to terminate the service contract ol violating employers. EXHIBIT E EOUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, dunng the perlormance 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 itwill 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 Employe/' or that all qualilied applicants will receive consideration lor employment without regard to their race, religious creed, color, national ongin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, cerlify 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. /** uaannT rc *W?lil ale/rf RECEIVED Big 0 7 2015 ADiVIINISTRATIONnLSTAFF REPORT .-t^r'F , WATER & DEVELOPMENT SERVICESI ;r -', DEPARTMENT CITY PUBLIC WORKS, DATE: TO: FROM: RE: December 15,2015 Honorable Mayor and City Council /,v-) Samuel Kevin Wilson,'Director of Public Works, Water & Development Services Approval of an Ordinance Amending the Zoning Code to Regulate Distributed Generation within the City of Vernon and to Correct a Typographical Error in the Billboard ZoningRequirements and adopt a Negative Declaration pursuant to the California Environmental Quality Act RECOMMENDATION A. Adopt an ordinance amending the City of Vernon's Zoning ordinance to 1) Define Distributed Generation, 2) Establish regulations regarding Distributed Generation and 3) Correct a typographical error in Section 26.8.3-4(c); and B. Adopt a Negative Declaration finding that there is no substantial evidence, in light of the whole record before the City, that the project may have a significant effect on the environment within the meaning of the California Environmental Quality Act (CEQA). BACKGROUND The Public Works, Water and Development Services Department has been advised by the Vernon Gas and Electric Department that it would like to have an amendment made to the Vernon Zoning ordinance to require that a person to obtain a conditional use permit before allowing Distributed Generation to be place on a parcel of land within the City. Additionally City staff is recommending that a modification be made to the billboard regulations of the zoning ordinance to correct a typographical error. Section 26.6.6 of the City Code sets forth the process to amend the zoning ordinance. Distributed Generation The City of Vernon Gas and Electric Department initiated a study of the potential impacts Distributed Generation (DG) may have on the City's operations and the environment. Distributed Generation generally refers to the production of electricity through non-traditional generating plants including but not limited to, photovoltaic (PV) facilities, diesel and natural gas fueled facilities, wind generators, biomass-fueled facilities, fuel cells, water-powered energy systems; combined heat and power facility, energy storage devices, micro-turbines and waste burning powff facilities. The City of Vernon's electric utility customer base has shown an interest in constructing DG facilities to offset electricity provided by the City. This desire to install DG stems from both a wish to reduce power costs and to create electricity onsite in a more sustainable manner. Power Engineers was retained by the Vernon Gas and Electric Department to conduct an impact study. Thi study consisted of: 1) A Physical Distribution System Impact Analysis, 2) An Environmental Impact Analysis, 3) A Safety Assessment and 4) A Financial Impact Analysis. Attached herewith is a copy of the study. The study concluded that the City's existing electrical distribution system can generally support DG, but ilrnit.d DG can be connected to any of Leonis 7 kilovolt (kV) distribution circuits until the feeder circuit breakers are replaced with higher intemrpting current rating. However, allowing DG up to 5Yoof the City's peak load would result in operating revenue losses of up to $6,474,580 depending upon the mix of DGs permitted and that a restructuring of current electric rates would be required to recover fixed costs. Furthermore, the study found that existing regulations will provide adequate safety protection related to hazardous materials and electric ruf"ty that may be associated with solar PV, fuel cells and fossil-fuel DG projects, however a *or" in-d.pth analysis is required to fully understand the environmental impacts of other types of DG. Ultimately the City will have to determine the maximum amount of DG that will be permitted in the City. The Solar rights act has made it clear cities should not inhibit the use of solar power g"r".uiior. As such the Power Engineer, Inc. study concluded that Solar PV DGs up to 1.0 MW should be permitted without the need for a conditional Use Permit. In addition, emergency backup generators are sometimes required to be installed in certain facilities to provide a backup power source in case electricity is lost at a site. Public facilities such as fire stations, city halls, hospitals, police stations, water well sites as well as private developments where hazardous materials are stored or used quite often require a separate source of electricity as a backup in case the primary source is intenupted to insure that critical operations and safeguards are maintained during a power outage. The purpose of the backup systems is not to provide an alternate source of electricity during normal operating conditions and therefore should not be considered Distributed Generation. City Staffis therefore recommending that the City's zoning ordinance be amended to clearly show that DG facilities, with the exception of solar photovoltaic up to 1.0 MW and emergency generators, require a Conditional Use Permit. It is recommended that the Section 26.2.4be amended to add a definition for Distributed Generation and that Section 26.4.1-7 (bX4) be added 2 to the code to require a Conditional Use Permit for Distributed Generation both to read as follows: Add the following definition to Section 26.2.4: Distributed Generation shall mean, a decentralized power generating facilities interconnected to the City's distribution system and used exclusively to meet the customer's load requirements at the site to offset power consumption normally provided by the City and may include, but not limited to, solar photovoltaic (PV) facilities, diesel and natural gas fueled facilities, wind generators, biomass-fueled facilities, fuel cells, water-powered energy systems; combined heat and power facility, energy storage devices, micro-turbines and waste burning power facilities Add Section26.4.1-7 (bX4) to read as flows: (4) Distributed Generation. Withthe exception of solar panels generating up to one (1) MW of energy on a Lot and emergency generators that only provide power backup when a buildings electric utility service is interrupted, no distributed generation shall be permitted on a parcel of land except with a Conditional Use Permit. The City reserves the right to limit the amount of distributed generation to be interconnected to the distribution system. Billboards It has been noted that when the City adopted its latest zoning standards earlier this year for billboards that section 26.8.3-4(c) contained a typographical error. This section specifies location requirements for billboards that are within 200 feet of the edge of the I-710 freeway fight of way and that are designed primarily to be viewed from the freeway. Subsection (1) of 26.8.3-4(c) deals specifically with Digital signs and while subsection (2) of 26.8.3-a(c) deals specifically with Static signs. However section 26.8.3-4(c) mistakenly only references digital signs. Therefore the words "or Static" should be inserted after the word Digital in section 26.8.3-4(c) to read as follows: (c) Outdoor Advertising Structures with Digital or Static Displays that are located within two hundred (200) feet of the edge of the Righrof-way of the I-710 freeway and are designed to be primarily viewed from the I-710 freeway are subject to the following standards: (1) An Outdoor Advertising Structure with a Digital Display that is located within two hundred (200) feet of the edge of the Right-of-way of the I-710 freeway and designed primarily to be viewed from the I-710 freeway shall not be located within five hundred (500) feet of another Outdoor Advertising Structure with a Static Display located on the same side of the freeway or within one thousand (1,000) feet of another Outdoor Advertising Structure with a Digital Display located on the same side of the freeway and designed to be oriented toward the freeway; and (2) An Outdoor Advertising Structure with a Static Display that is located within two hundred (200) feet of the edge of the Right-of-way of the I-710 freeway and designed primarily to be viewed from the I-710 freeway shall not be located within J five hundred (500) feet of any other Outdoor Advertising Structure located on the same side of the freeway and designed to be oriented toward the freeway. CEOA ANALYSIS An initial study has been conducted for the project in compliance with the California Environmental Quality Act (CEQA). As shown by the initial study, no potentially significant impacts are expected to result from the proposed zoning changes and there is no substantial evidence, in light of the whole record before the City, that the project may have a significant effect on the environment. The Director of Public Works, Water & Development Services has recommended that a Notice of Intent be provided and issued pursuant to CEQA Guidelines section 15072 and aNegative Declaration be adopted in compliance with CEQA Guidelines section 15070 et seq. RECOMMENDATION It is therefore recommended that a negative Declaration be adopted and that the City's zoning ordinance be amended as follows: Add the following definition to Section 26.2.4: Distributed Generation shall mean, a decentralized power generating facilities interconnected to the City power generating facility and used exclusively to meet the customer's load requirements at the site to offset power consumption normally provided by the City and may include, but not be limited to solar photovoltaic (PV) facilities, diesel and natural gas fueled facilities, wind generators. biomass-fueled facilities, fuel cells, water-powered energy systems, combined heat and power facility, energy storage devices, micro-turbines and waste burning power facilities. Add Section26.4.1-7 (bX4) to read as follows: (4) Distributed Generution. Withthe exception of solar panels generating up to one (1) MW of energy on a Lot and emergency generators that only provide power backup when a buildings electric utility service is intemrpted, no distributed generation shall be permitted on a parcel of land except with a Conditional Use Permit. The City reserves the right to limit the amount of distributed generation to be interconnected to the distribution system. Amend Section 26.83-a@) to read as follows: (c) Outdoor Advertising Structures with Digital or Static Displays that are located within two hundred (200) feet of the edge of the Right-of-way of the I-710 freeway and are designed to be primarily viewed from the I-710 freeway are subject to the following standards: (1) An Outdoor Advertising Structure with a Digital Display that is located within two hundred (200) feet of the edge of the Right-of-way of the I-710 freeway and designed primarily to be viewed from the I-710 freeway shall not be located within five hundred (500) feet of another Outdoor Advertising Structure with a Static Display located on the same side ofthe freeway or within one thousand (1,000) feet of another Outdoor Advertising Structure with a Digital Display located on the same side of the freeway and designed to be oriented toward the freeway; and (2) An Outdoor Advertising Structure with a Static Display that is located within two hundred (200) feet of the edge of the Right-of-way of the I-710 freeway and designed primarily to be viewed from the I-710 freeway shall not be located within five hundred (500) feet of any other Outdoor Advertising Structure located on the same side of the freeway and designed to be oriented toward the freeway. Attachment(s): Power Engineers Distributed Generation Impact Study 5 The "Power Engineers Distributed Generation Impact Study" referenced in this staff report is available for public inspection at the City Clerk counter located at City Hall, 4305 Santa Fe Avenue, Vernon, CA 90058. If you have any questions or concerns, please contact the Office of the City Clerk at ci or at(323) 583-8811 extension 546. NOTICE OF PUBLIC HEARING TO CONSIDER AMENDMENTS TO COMPREHENSTVE ZONING ORDINANCE AND NOTICE OF INTENT TO ADOPT NEGATIVE DECLARATION The City of Vernon will conduct a Public Hearing, which you may attend. 4305 Santa Fe Avenue Vernon, CA 90058 (323) s83-881 I Vernon City Hall, City Council Chambers 4305 Santa Fe Avenue Vemon, CA 90058 Tuesday, December 15,2015 at 9:00 a.m. (or as soon thereafter as the matter can be heard) To consider: ( I ) The City of Vernon intent to adopt an ordinance to amend the City's Zoning Ordinance to establish regulations for Distributed Generation witirin the city and clarify existing regulations regarding billboard signs. (2) The recommendation from the Vernon Director of Public Works, Water & Development Services Department to adopt a Negative Declaration in accordance with thi California Environmental Quality Act because the proposed amendments to the Comprehensive ZoningOrdinance will not have a significant effect on the environment. A copy of the proposed ordinance and proposed negative declaration will be auailaLle for puUtic review at the address mentioned below between the hours of 7:15 a.m. urd 5,15 p.m. Monday through Thursday. The public is also invited to submit written comments on the proposed negative declaration prior to the hearing. The comment period runs from November 19, 2015 to December 15, 2015. Comments received after that date may not receive full consideration. PLACE: DATE & TIME: PURPOSE: DOCUMENTS FOR REVIEW: Please send your comments and the name of the contact person to: Samuel Kevin Wilson, Director of Public Works, Water & Development Services City of Vernon 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-881 I Email: kwilson@ci.vernon.ca.us If you challenge the granting of this Zoning Amendment or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice of a public hearing. , City Clerk City of Vernon Dated: W ) )ss ) AFFIDAVIT OF MAILING STATE OF CALIFORNIA COI.INTY OF LOS ANGELES CITY OF VERNON I, Sergio Canales Assistant Planner of the City of Vernon, do hereby certify that on Monday, November 23, 2015, mailed a copy of Notice of Public Hearing to be held on December 15, 2015, regarding an Adoption of a Negative Declaration and Adoption of Amendments of the City of Vernon Zoning Ordinance, to the interested parlies and agencies on the attached list, by United States Mail with postage. out", /l/*a / ts 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 the document. State of California County of Los Angeles On , notary publib,lly appeared Sergio Canales who proved to me on the Ugbis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe#hey executed the same in hislher/thei+ authorized capacity(ies), and that by his,&e#+heir 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. WITNESS my hand and official seal. MARISOL TRI'JII,IO oeflnlgrhr {, t0$$ghy hafc. Ofollr Assistant Planner ) )ss ) r { b"for" Signature Lor Arflr Sergio City of Vernon PLACE: DATE & TIME: PURPOSE: DOCUMENTS FOR REVIBW: NOTICE OF PUBLIC HEARING TO CONSIDER AMENDMENTS TO COMPREHENSTVE ZONING ORDINANCE AND NOTICE OF INTENT TO ADOPT NEGATIVE DECLARATION The City of Vemon will conduct a Public Hearing, which you may attend. 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-881 l Vernon City Hall, City Council Chambers 4305 Santa Fe Avenue Vemon, CA 90058 Tuesday, December 15,2015 at 9:00 a.m. (or as soon thereafter as the matter can be heard) To consider: (1) The City of Vernon intent to adopt an ordinance to amend the City's Zoning Ordinance to establish regulations for Distributed Generation within the city and clarify existing regulations regarding billboard signs. (2) The recommendation from the Vemon Director of Public Works, Water & Development Services Department to adopt a Negative Declaration in accordance with the California Environmental Quality Act because the proposed amendments to the Comprehensive ZoningOrdinance will not have a significant effect on the environment. A copy of the proposed ordinance and proposed negative declaration will be available for public review at the address mentioned below between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. The public is also invited to submit written comments on the proposed negative declaration prior to the hearing. The comment period runs from November 19, 2015 to December 15, 2015. Comments received after that date may not receive full consideration. Please send your comments and the name of the contact person to: Samuel Kevin Wilson, Director of Public Works, Water & Development Services City of Vernon 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-881 I Email: kwilson@ci.vernon.ca.us If you challenge the granting of this Zoning Amendment or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described;in this notice or in written "o.rirpond"nce delivered to the City of Vernon at, or prior to, the meetirig:' ' The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice of a public hearing. City Clerk Dated: W easy leeP,labels Usi ave4P Template 5160@ 'City of Huntington Park Planning Department 6550 Miles Avenue Huntington Park, CA 90255 L.A. County Board of Supervisors Director of Planning James Hertl- Room 1390 320 W. Temple Street Los Angeles, CA 90012 South Coast Air Quatity Mgmt District (AQMD) 21865 E. Copley Drive Diamond Bar, CA 91765 ,l Brian Scanlon L.A. County Public Works Mapping & Property Mgmt. 900 S. Fremont Avenue, 10th Floor Alhambra, CA 91803 City of Commerce Planning Department 2535 Commerce Way Commerce, CA 90040 City of Bell Planning Department 6330 Pine Street Bell, CA 90201 City of Cudahy Planning Department 5220 Santa Ana Street Cudahy, CA 90201 L.A. County Sanitation District P.O. Box 4998 Whittier, CA 90607 City of Maywood Planning Department 4319 Slauson Avenue Maywood, CA 90270 City of Los Angeles Planning Department 200 North Spring St. Los Angeles, CA 90012 ftiquettes faciles Er peler Utitisez te gabarit AVERW 5160@ a - Bend along lineto FeedPaper - exposePop-upEdgeil Lucille Roybal-Allard Congresswoman 500 Citadel Drive, Ste 320 Commerce, CA 90040 Gloria Molina Board of Supervisors 500 W. Temple St., Ste 856 Los Angeles, CA 90012 City of Long Beach Office of the City Manager 333 W. Ocean Blvd., l3s floor Long Beach,. CA 90802 E.J. Contreras Owens-Brockway 2901 Fruitland Avenue Vernon, CA 90058 California Water Service Comp. 3316 West Beverly Boulevard Montebello, CA 90640 Marisa Olguin Chamber of Commerce 3801 Santa Fe Avenue Vernon, CA 90058 Maywood Mutual Water Co. 3 6151 Heliotrope Avenue Maywood, CA90270 L.A. County Flood Control District 900 S. Fremont Avenue 8th Floor Alhambra, CA 91803 L.A. Unified School District Olfice of Environmental Health & Safety 333 South Beaudry Ave., 20th Floor Los Angeles, CA 90017 Attention: Glenn Striegler Suk Chon County of Los Angeles Departnrent of Public Works Land Development Division P.O. Box 1460 Alhambra, CA 9f 802-f 460 --l .- Repliez i la hachure afin de !sens oe.r,'fiEriEnt r6v6ler le rebord Pop-upr* j II It 6 o*RY@s160@ ! It II John Kinas United States Aluminum 3663 Bandini Boulevard Vemon, CA 90023 Ms. Gutierrez 924 S. Mott Street Los Angeles, CA 90023 James H. Hillands Heger Realty Corp. 5657 E. WashingSon Blvd. Los Angeles, CA 90040 Joseph R. Gamrbi California Portland Cement Co. 2025E. Financial Way Glendora, CA9l740 J.J. Little J.J. Little Company, lnc. 9945 Malgar Drive Whittier, CA 90603 L.R. Luppen Metal Products Engineering 3050 Leonis Boulevard Vernon, CA 90058 Ellen Orlando Karen Lehrer 2300 E. I lth Sheet Los Angeles, CA 90021 Dave Kanker California Water Service 5243E. Sheila Street Commerce, CA90022 So. CalEdison 1924 Cashdan Street Compton, CA90220 Attn: Mike Frazier www.avery.com 1-800-GO-AVERY I I I Il EasyPeel@Labelsi -Bendalonqtinetoi U3e Avery@ Tsmp1s1. 51696 j reeO raper - expose Poo-In idgerr j @ averwosreot i Rer,nan L- Ledesma Department of Water & Power L.A. P.O. Box 3150 1l I N. Hope Stseet Los Angeles, CA 90012 Burlington Northem Santa Fe Railroad 3770 E. Washington Blvd. Los Angeles, CA 90023 San Dimas, CA 91773 The Gas Company (So. Cal Gas Co.) L.A. Junction Railroad 4433 Exchange Avenue Vernon, CA 90058 Etiquettes faciles a pete, i ---1 .- Repliez ir la hachun afin de I Utilisez le gabarit dVERY@ 51500 j .niill,l!* r6v6ler le rebord eoo'un'" j wwwavery.com i1-8fi'-GO-AVERY i "h aen tt"iEl Iuet irro. que ede fij" i., ,n rde tros 14s". on- iido del rero te', rta- €ra con gue rdos Ro- tde tos. lo-ril. rel lrea osi- un& rdes >de ejo- to- )2. 1()n tlna fue InGS eel 12... del m6 pdo Pu- ust{ its- un- bre. itrer fdP llll:' ron que dad ten iata Datadi 711212015 Th6 hearing may b6 continued or adjoumed or cancelled and roschrto I statod time and plac€ without ftirther nodce of a publtc hearlng 'E\rgct the Eesal Dedicated Team Runs Available. Weekly Home Time, Top Pay, Beneflts; Monthly Bonuses & More! CDL-A, 1yr Exp. Reqld. EEOE/AAP. Lim- ited Positions Available. 866-3704476 www.drlve4marten.com LtTowrxeSsnvrce.lxc. LIEN SALE: 97-MAXUilCF#: 3100P8HUII#: USJA38MAJ697 LIEN SALE: 97-ESCRTLicense: NONE / CAMn: 405118A85VD000030 to be sold at 10:00 am on 1A812015 @22400 The Old Rd., Newha]l, cA. /s./ Marla Ayale. Cltu Cl€rt 'PLACE: Vsrnon'Clty Hall, Clty Councll Chamb6rs 4305 Santa Fe Avqnue, V6mon, CA 90058 DATE & Iucrdry, D.c.mber 15,2015.t g:00 a.m.TIXE: (oras soon lheroaf,eras the matter gan be heard) PURPOSE: Tg.gong-!ge.': (1) The Ctty of Vomon intent to adopt an grdEglge to amond th€ Clty's Zonlng.Ordlnanco to establi3h rsgulitionsfor Distrlbuted Genoratlon wtthln the city and ctariry exisflng roluhilons regardlng blllboard slgns. (2)The rccomm-endation frdm theVeinon-DtreAor of Publlc Works, Wat6r & Developmont S6rvic6s Departmant to adopt a Nogauvs Dsclafsilon in acoordanca with the Califomla Envlronmehtal Ouallty.4ct becauae tho. propos€d amendments to the Comprehensivo Zonlng Ordlnance wlll not have a slgnlficant afiect on the erivlronment qqggfre Acopyof the prcpos€d ordinance and propos€d n€gatlyeFORREYIEIu: drclaration wlll b6 dvailable for public'revlew -t tre addrGs msntoned balow botween the hours of 7:15 a.m. and S:1S p.rn Monday through Thuroday. Tho public is also invited to submit writton commenti on_th6 proposed nsgatlve deolaraflon prior to lhe hoarlng. Thb commont pariod runs fro!,r November 19, 2015 to December 15,20i5. clTY oF vEnxox ]IOTIGE OF PUILIC HEIRIXO TO GOXAIDEN.AIEXDTEilT! TO GOTPREIIETEIVE ZOXIXC ONDTXAXGEI'OTIGE OF IT{?EIIT TO ADOPT XEOATIVE DECL RATIOX The Clty of Vemon will conduct a Publlc Ho.rlng, which you may attend. commonl p€riod runs from November 19, 2015 to December 15, 201S. Comments rcc€lved afier that date may not recEive full consideratlon. Please send your commerik and lhe name of the conlact peraon to: Samuol Kgvln Wll6on, Dlr6c{or o, Public Works, Wator & Development SeMces Cily of Vernon, 4305 Sante Fe Avenue, Vernon, CA 90058(323)5er-8811 Emall:kwllson@cl.vemon.ce.ur . Ityotr chellongelhs grantlng of thlsZoningAmondment oreny provisions thereof in gourt, you may bs llmlt€d to raialng only those isities you or somgono glie relsed at tho hearlng described ln this nolice or ln wrltten coroapond.ence delivered lo the Cl! of Vernon at, or prlor to, the meeling. Th6 hearirlg mayb6contnuod oradJoumodorcancelled andiesdhadutel tg' a statod limo and placa without turther notice of a public hearlng. PUBLISHER'S NOTICE: This newspaper will not knowingly accspt any advertising for rqal estatp or rentals which isin violation c,f tho law. our readsrs are infotmed thst all dwollings advertlsed in thls newspaper are available on an 6qqal opportunity basis. {FR DOC.72-4988): Atl reat estate and rontal advertisements lh this nawspaper are sU bject to the Falr Housing Act of 1968 whlch inakei ii Ittegal tb idvertise 'gny preference, limitation or discrimlnation,.based on race, color or rellglon, sex, .or natlonal origin, or an intentionto make such preference, llmitatlon or disbrimihatiort." GITY oF vERtaot{ Houstl{G Gof,iMtsstoN, HOUAIXC OPPORTUilITIES OUARTERLYAD ]{OVEilBER 2015 the Clty,6f Vernon t{ousing Commission teases '1 and 2 bedroom apartneirG,-2 and 3 bedroom single famlly homes, and 2 bedroom @ndomlnlums.as vacancies occur. Markel'Itlos for these unlts ranoe from $700 and $1,700 per month. l, you aro lnterested in leasing Ci[-' ourned housing ln Vemon, you must complele and submit an Expression ol lntareat Form, Thls form and rnoro lnformation on housing can bo ,ound on th6 Vernon Housing Commlsslon's webpage, http:,cltyotuiirnon.oIg, vomon_housing_commlssionnr'emonHousingopportunities.htm, or at the Commbslon Secr€tary/City Clerk's Off,co at \/emon Clty Hall, rt305 Sarita FE Avenue, Vernon,. CA 90058. Pleass call (323) 583-8811 ext. 221 lyith any questlons. The City of Vomon and the Houdlng Commiasion comply wilh allfair housing laws. AND LONG DISTANCE MOVING SAtl GHILDS, Owner 323-254.3064 5531 York Blvd.,, Los Angeles, 90042 ffil-nffi=,IREAL ESTATE II ReaI EsrarE WI senvrcEs i oM I Movr'\"i SEnvrces {COl,lfAf'aG Y ffiI SrnvlcEs Fon INFo. ABour ADvERTISING, EMAIL A DVE RT I SE @E,GPN EWS.C OM oR CALL 323-221 -1092. ORDINAI{CE NO. 1235 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDTNG THE ZONTNG CODE TO REGULATE DISTRIBUTED GENERATION WITHIN THE CTTY OF VERNON AND TO CORRECT A TYPOGRAPHICAL ERROR IN THE BILLBOARD ZONING REOUIREMENTS AND ADOPT A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND REPEAL]NG AIL ORDTNANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH WHEREAS, the City of Vernon (the ',City") is a municipal corporation and a chartered city of the state of california organized and existing under its Chart.er and tshe Constitution of the State of California; and WHEREAS. on April 2'i,, 2015, the City Council of the City of Vernon adopted Ordinance No. 1,22i, adopting amendments to the comprehensive zoning ordinance of the City of Vernoni est.ablishing zoning districts in t.he City and regulating and restricEing the use, size, and the locat.ion of buildings and improvements on land; the use of land and open space; adopting a map showing said zoning dlstricts, defining the lerms used in the ordinance, providing for its adjustment, amendment and enforcement; and WHEREAS, by memorandum dated December f5, 201_5, the Director of Public works. wat.er & Development services has recommended that. the city of vernon zoning ordinance be amended to (i) Defi-ne Distributed Generatsion, (ii) Establish regulat.ions regarding Distributed Generation and (iii) Correct a typographicaL error in Section 26.8.3-4(c) ; and WHEREAS, a duly-noticed public hearing has been held to consider the proposed ordinance changes and public testlmony has been received and consideredi and WHEREAS, Chapter 4.1(f) and (h) of Che Charter of Ehe City of Vernon provides tshats an ordinance sha11 amend a code or repeal any ordinance or code previously adopted. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION L: The City Council of the City of Vernon hereby finds and determines that all of the foregoing recitsals are true and correct . SECTION 2: Section 25.2.4 of Article II of Chapter 26, of the Vernon Munj-cipa1 Code, is hereby amended to read as follows: Section. 26.2.4. Definitions (D-E). DaEa Center sha1l mean a Building t^rith a contsrolled envj"ronment used for housing a large amount of electronic equipment, typically computsers and communicat,ions equipment, for the purpose of creating a hosted computer environment . Density sha1I mean tshe tsotsa1 number of permanent residential dwelling units per acre of land, exclusive of all existing public Right-of-$ray surfaces or similar property. DeveTopment Agreement sha1I mean a contract duly executed and Iega11y binding between the City of vernon and a developer(s) pursuant to Government Code Section 55864 eE seq. DeveTopment Standards sha1I mean the developments and performance standards described in Sectj-on 26.4.1-7, "Development and Performance Standards, " and/or development and performance standards idenEifled for individual Overlay Zones in this Chapter. DigitaT DispTay shaI1 mean the face of a sign or Outdoor Advertising Structure that is comprised of a digj-ta1 or electronic face wilh intermitEent changeable messages. Director shal-1 mean the City of Vernon Director of Public Works, Water, and Development. Services. -2- Distributed ceneration shall mean decentralized power generat.ing facilities interconnectsed tso the Citsy. s distribut.ion syst.em and used exclusively to meet the cust.omer, s load requirements at. the site to offset power consumption normally provided by the City and may include, but not be limited to solar photovolt.aic (PV) facilities, diesel and natural gas fueled facilities, wind generat.ors, bj-omass- fuel_ed facilities. fuel celIs, water-powered energy systems, combined heat and power facj-1it.ies, energy storage devices, micro-turbines and waste burning power facilities. Drive-Through or Drive-Up FaciLitjes. An esE.ablishment that sells products or provides services Eo occupants in vehicles, including drive-in or drive-up windows and drive-through services exampl-es include fast food restaurants, banks, and pharmacies. DweTTing Unit - see Resjdence. Emergency SheTCer, pursuant to California Heal-th and Safety Code Sectsion 50801(e), shaIl mean a facilj-ty that provides immediat.e and short-term housing to homeless persons or famili.es on a first.-come, first-serve basis where the individual(s) must vacate the facility each morning and have no guaranteed bed for tshe next night. No individual or household may be denied emergency shelter because of inability to pay. SECTION 4: Section 26.4.t-7 (b) (a) of Article IV of Chapter 25, of the Vernon Municipal Code, is hereby added to read as follows: Section 26.4.L-7 (b) (4) . (41 Distributed Generation. With t.he exception of solar photovoltaic generation of up to one (1) MW of energy on a Lot. and emergency generators that only provide power backup when a building, s electric ut.ility service is int.errupted, no distributed generation sha1l be permitt.ed on a parcel of land except. with a Conditional Use -3- Permit. The City reserves the right to limit the amount of distributed generatj-on to be intserconnected to the distribut.ion system. SECTION 5: Section 26.A.3-4 (c) of Article II of Chapter 26, of the Vernon Municipal Code, is hereby amended to read as follows: Section. 26.8.3-4. (c) Outdoor Advertising Structures with Digital or Static Displays that are located within two hundred (200) feets of the edge of the Right-of-way of t.he I-710 freeway and are designed to be primarily view from the I-71-0 freeway are subject to the following standards: (1) An Outdoor Advertising Structure with a Digital Display tshat is located within two hundred (200) feet of the edge of the Right- of-way of the I-710 freeway and designed primarily tso be viewed from the I-710 freeway shal1 not. be located within five hundred (500) feet of another Outdoor Advertising StsrucCure with a Static Display located on the same side of the freeway or within one thousand (1,000) feeE of another Outdoor Advertising Structsure with a Digital Display located on the same side of the freet^ray and designed to be oriented toward the freeway; and (2) An Outsdoor Advertising Structure with a Static Display that is located within two hundred (200) feet of the edge of t.he Right-of- way of the I-71-0 freeway and designed primarily to be viewed from the I-710 freeway shaIl not be located $rithin five hundred (500) feet of any another Outsdoor Advertising Structure located on the same side of the freeway and designed to be orient.ed toward the freeway. SECTION 5: Any ordinance or parts of an ordinance, in conflict wit.h this Ordinance are hereby repealed. SECTION 7: Severability. If any chapter, article, section, subsection, subdivj-sion, paragraph, sentence, clause. phrase, or word -4- in this Ordinance or any part thereof j-s for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision sha11 not affect the validity or effectiveness of the remaining portions of t.his Ordinance or any part thereof. The City Council hereby declares thaE it would have adopted this Ordinance and each chapter, art.ic1e, section, subsection, subdivision, paragraph. sentence, clause or phrase thereof. irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 8: Book of Ordinances. The Clty Clerk, or Deputy City Clerk, sha11 attest. and certify to the adoptsion of this Ordinance and sha1I cause this Ordinance and the City Cl-erk,s, or Deputy City Clerk's, certificat.ion t,o be entsered in the Book of Ordinances of the Council of this Citsy. The Cj.ty C1erk, or DepuEy City C1erk, shal1 cause this ordinance to be published or posted as required by 1aw. -5- SECTION 9:Effective Date. effect and be in fuII force and effect first (3rst) day after its passage. APPROVED AND ADOPTED this 5th This Ordinance shal1 go int,o at 1-2:0L a.m. on the thirty- day of LTanuary, 20L6. Name: Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk AS TO FORM: ( Brian Byun, -6 STATE OF CALIFORNIA COUNTY OF LOS ANGELES AYES: NOES: ABSENT: Counc i lmembers : Councilmembers: Counc i- lmembers : , City Clerk / Deputy Cit.y Clerk of the City of Vernon, do hereby certify thats the foregoing Ordinance, being Ordinance No. 1235 was duly and regularly introduced at a regular meeting of tshe City Council of the Clty of Vernon, held in the City of Vernon on Tuesday, December 15, 2015, and thereafter adopted at a meeting of said City Council held on Tuesday, January 5, 201-5. by the following vote : r, And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of , 20]-6, at Vernon, Cal-ifornia. City clerk / Deputy City Clerk (SEAL) -7 - ZW-trr./rz7 A( fuzztr/' t4rs/e*U RECEIVED DEC 0 7 20t5 CITY ADMINISIRATION STAFF REPORT PUBLIC WORKS,wATER & DEVELoPMENT sERvrcp$ DEPARTMENT ', 41' r-L ) DATE: TO: FROM: RE: December 15,2015 Honorable Mayor and City,Council Samuel Kevin Wifson,6irector of Public Works, Water and Development Services Department Approval of an Ordinance Establishing Regulations for Massage Businesses RECOMMENDATION A. Adopt an ordinance l) Amending Article VI of Chapter 5 of the Vernon Municipal Code by removing Massage Businesses from the definition of Adult and Sexually Oriented; 2) Renumbering current Article VII (Utility Users' Tax) of Chapter 5 of the Vernon Municipal Code to Article VIII and adding a new Article VII of Chapter 5 of the Vernon Municipal Code relating to the Business Permit Regulation of Massage Businesses; 3) Amending Article II of Chapter 13 of the Vernon Municipal Code by adding Massage Businesses to the list of those Businesses required to obtain a Health Permit prior to operation;4) Amending Article II of Chapter26 (Zoning) of the Vemon Municipal Code by removing the definition of "Massage Parlors"; and 5) Renumbering current Articles VIII,IX and X of Chapter 26 (ZONING) to Articles IX, X AND XI of the Vernon Municipal Code and renumbering sections accordingly, and adding new article VIII to Chapter 26 (Zoning) of the Vernon Municipal Code. B. Find that this Ordinance is not a "project" as defined under the California Environmental Quality Act (CEQA) Guidelines, section 15378, because it will not result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. This Ordinance is general policy and procedure making that is explicitly exempt from the definition of "project" under CEQA Guidelines section 15378(bX2). Even assuming the Ordinance were a "project" under CEQA, however, it would still be exempt from CEQA review under CEQA Guidelines section 15061(b)(3), the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment, and, as stated above, it can be seen with certainty that there is no possibility that the Ordinance in question may have a significant effect on the environment. BACKGROUND In May 2OO3,the City adopted Ordinance No. 1094, which established regulations for Adult or Sexually Oriented Businesses. Included within the definition of Adult or Sexually Oriented business was massage parlors. In September 2014, the California Legislature enacted AB 1147, which became effective on January 1,2015, to return broad land use control to local government over the regulation of massage businesses within their jurisdiction, while vesting the exclusive control over the practice of providing massage services and the certification of massage therapists with the Califomia Massage Therapy Council, a state-organized non-profit organization created to regulate the massage industry ("CAMTC"). However, AB I147 prohibits municipalities from regulating massage businesses as adult or sexually oriented businesses. Therefore City Staff is recommending that various modifications be made to the City Code to ensure that its regulations on Massage Businesses conform to State Law. California Government Code Section 51030 et seg. permits cities the authority to regulate massage businesses by conditioning the issuance of licenses on satisfaction of certain criteria, including building sanitation and operation standards for such massage establishments and registration with the City's Police Department. Therefore City staff is recommending that: 1) Article VI of Chapter 5 of the Vernon Municipal Code be amended by deleting Section 5.51.2(7) and the phrase "[m]assage parlors" from the table under Section 5.92(t), 2) Current Article VII of Chapter 5 of the Vemon Municipal Code be renumbered to Article VIII without any other further modifications, 3) A new Anicle VII, Business Permit Regulations for Massage Businesses, be added to Chapter 5 of the City Code, 4) Amending Article II of Chapter 13 of the Vemon Municipal Code by adding Massage Businesses to the list of those Businesses required to obtain a Health Permit prior to operation, 5) Amending Article II of Chapter 26 (Zoning) of the Vemon Municipal Code by removing the definition of "Massage Parlors", 6) Current Articles VIII, IX and X of Chapter 26 (Zoning) be renumbered to Articles IX, X and XI and renumber sections accordingly and 7) Article VIII, Zoning Regulations for Massage Businesses, be added to Chapter 26. The ordinance contains the specific language that is proposed to be added to the code. In sunmary the new code provisions will set forth the following: Business Permit regulations will include: o Purpose and Authority of the code provisions for massage businesses o Definitions . Any exemptions to the regulations o Permit application requirements o Permit issuance and registration o Denial, Suspension, Revocation of a permit o Permit duration . Posting of permit and record keeping . Facilityrequirements o Inspections, violations and penalties o Hours of operation o Coordination with CAMTC o Property owner responsibility The proposed change to the Health and Sanitation regulations will add Massage Businesses to the list of businesses that are required to obtain a Health Permit. The proposed zoning regulations will include: . Purpose for the code regulations for massage businesses o Changes to the definitions for a massage parlor/massage business o Sets forth a distance requirement between massage business establishments, public facilities and other sensitive uses FISCAL IMPACT No fiscal impacts are anticipated from the adoption of the ordinance. The City currently has regulations on massage businesses, these new regulations are very similar in nature, but do not conform with State Law. This ordinance will amend the code to establish regulations that are fully enforceable. Attachment(s): Notice of Public Hearing Affidavit of Mailing 3 Cify of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-881 I NOTICE OF PUBLIC HEARING ADOPTION OF AMENDMENTS TO THE CITY OF VERNON'S CODE AND ZONING ORDINANCE NOTICE IS HEREBY GMN that the City of Vernon City Council will hold a Public Hearing at 9:00 a.v. on Tuesday, December 15,2015, at City Hall in the City Council Chambers, 4305 Santa Fe Avenue, Vernon, Califomia. The purpose of the hearing is to consider the following amendments: 1) Aticle VI of Chapter 5 of the Vernon Municipal Code be amended by deleting Section 5.81.2(7) and the phrase "[m]assage parlors" from the table under Section 5.92(t), 2) Current Article VII of Chapter 5 of the Vernon Municipal Code be renumbered to Article VIII without any other further modifications, 3) A new Article VII, Business Permit Regulations for Massage Businesses, be added to Chapter 5 of the City Code, 4) Amending Article II of Chapter 13 of the Vernon Municipal Code by adding Massage Businesses to the list of those Businesses required to obtain a Health Permit prior to operation, 5) Amending Article II of Chapter26 (Zoning) of the Vernon Municipal Code by removing the definition of "Massage Parlors", 6) Current Articles VIII, IX and X of Chapter 26 (Zoning) be renumbered to Articles IX, X and XI and renumber sections accordingly and 7) Article VIII, Zoning Regulations for Massage Businesses, be added to Chapter 26. NOTICE IS HEREBY FURTHER GIVEN that a copy ofthe proposed ordinance will be available for public review during normal business hours in the Vemon Public Works, Water & Development Services Department, located at 4305 Santa Fe Avenue, Vernon, CA 90058, from ALL INTERESTED AND/OR AFFECTED PARTIES are invited to submit writtEN COMMCNTS iN favor of, or in opposition to, this maffer prior to the time of the hearing, or be heard in support of, or opposition to, the proposed project at the time of the hearing. Ifyou challenge the adoption of the ordinance amending the Comprehensive ZorungOrdinance, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. For questions regarding this public hearing item please contact Kevin Wilson, Director of Public Works, Water & Development Services at (323) 583-8811, or lrwilson@ci.vernon.ca.us. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Date: AFFIDAVIT OF MAILING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss crTY oF VERNON ) I, Sergio Canales Assistant Planner of the City of Vernon, do hereby certi$, that on Monday, December 1,2015, mailed a copy of Notice of Public Hearing to be held on December 15, 2015, regarding an Adoption of Amendments of the City of Vernon's Code and Zoning Ordinance, to the interested parties and agencies on the attached list, by United il with Date: ,'&/l /t s Assistant Planner 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 the document. State of California County of Los Angeles On:Oot{ before notarv public, personally appeared Sergio Canales who proved to me on the of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that heAhelthey executed the same in hisAer/their authorized capacity(ies), and that by hislher*heir 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 PERruRY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ) )ss ) ffi:s#i:Signature. Sergio City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 (323) s83-881 1 NOTICE OF PUBLIC HEARING ADOPTION OF AMENDMENTS TO THE CITY OF VERNON'S CODE AND ZONING ORDINANCE NOTICE IS HEREBY GMN that the City of Vernon City Council will hold a Public Hearing at 9:00 a.u. on Tuesday, December 15,2015, at City HaIl in the City Council Chambers, 4305 Santa Fe Avenue, Vemon, California. The purpose of the hearing is to consider the following amendments: 1) Article VI of Chapter 5 of the Vernon Municipal Code be amended by deleting Section 5.81.2(7) and the phrase "[m]assage parlors" from the table under Section 5.92(t), 2) Current Article VII of Chapter 5 of the Vemon Municipal Code be renumbered to Article VIII without any other further modifications, 3) A new Article VII, Business Permit Regulations for Massage Businesses, be added to Chapter 5 of the City Code, 4) Amending Article II of Chapter 13 of the Vemon Municipal Code by adding Massage Businesses to the list of those Businesses required to obtain a Health Permit prior to operation, 5) Amending Article II of Chapter 26 (Zoning) of the Vernon Municipal Code by removing the definition of "Massage Parlors", 6) Current Articles VIII, IX and X of Chapter 26 (Zorung) be renumbered to Articles IX, X and XI and renumber sections accordingly and 7) Article VIII, Zoning Regulations for Massage Businesses, be added to Chapter 26. NOTICE IS HEREBY FURTHERGMNthatacopyoftheproposedordinancewillbe available for public review during normal business hours in the Vernon Public Works, Water & Development Services Department, located at 4305 Santa Fe Avenue, Vernon, CA 90058, from ALL INTERESTED AND/OR AFFECTED PARTIES are invited to submit written comments in favor of, or in opposition to, this matter prior to the time of the hearing, or be heard in support of or opposition to, the proposed project at the time of the hearing. Ifyou challenge the adoption of the ordinance amending the Comprehensive Zoning Ordinance, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. For questions regarding this public hearing item please contact Kevin Wilson, Director of Public Works, Water & Development Services at (323) 583-881l, or kwilson@,ci.vernon.ca.us. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Date: Easy Peel@ [abels Use Ave,ry@ Template 5160@ ' City of Huntington Park Planning Department 6550 Miles Avenue Huntington Park, CA 90255 L.A. County Board of Supervisors Director of Planning James Hertl - Room 1390 320 W. Temple Street Los Angeles, CA 90012 South Coast Air Quality Mgmt District (AQMD) 21865 E. Copley Drive Diamond Bar, CA 91765 Brian Scanlon L.A. County Public Works Mapping & Property Mgmt. 900 S. Fremont Avenue, 10th Floor Alhambra, CA 91803 City of Commerce Planning Department 2535 Commerce Way Commerce, CA 90040 City of Bell Planning Department 6330 Pine Street Bell, CA 90201 City of Cudahy Planning Department 5220 Santa Ana Street Cudahy, CA 90201 L.A. County Sanitation District P.O. Box 4998 Whittier, CA 90607 City of Maywood Planning Department 4319 Slauson Avenue May'rvood, CA90270 City of Los Angeles Planrring Department 200 North Spring St. Los Angeles, CA 90012 Etiqueftes faciles ir peler Utilisez te g.abarit AVERY@ 5160@ A r Bend along lineto FeedPaper - exposePop-upEdgerm Lucille Roybal-Allard Congresswoman 500 Citadel Drive, Ste 320 Commerce, CA 90040 Gloria Molina Board of Supervisors 500 W. Temple St., Ste 856 Los Angeles, CA90012 City of Long Beach Office of the City Manager 333 W. Ocean Blvd., l3th floor Long Beach, CA 90802 E.J. Contreras Owens-Brockway 2901 Fruitland Avenue Vernon, CA 90058 Califomia Water Service Comp. 3316 West Beverly Boulevard Montebello, CA 90640 Marisa Olguin Chamber of Commerce 3801 Santa Fe Avenue Vernon, CA 90058 Maywood Mutual Water Co. 3 6151 Heliotrope Avenue Maywood, CA90270 L.A. County Flood Control District 900 S. Fremont Avenue 8th Floor Alhambra, CA 91803 L.A. Unified School District Office of Environmental Health & Safety 333 South Beaudry Ave., 20th Floor Los Angeles, CA 90017 Attention: GIenn Striegler Suk Chon County of Los Angeles Department of Public \Vorks Land Development Division P.O. Box 1460 Alhambra, CA 9l 802-1460 s"i a" Repliez i ta hachureafinde I cfraii6mint r6v6ier le rebord Pop-uprm j I! Il @ o*RY@ s16o@ i I I II John Kinas United States Aluminum 3663 Bandini Boulevard Vernon, CA 90023 Ms. Gutierrez 924 S. Mott Street Los Angeles, CA 90023 James H. Hillands Heger Realty Corp. 5657 E. Washington Blvd. Los Angeles, CA 90040 Joseph R. Gamrba California Portland Cement Co. 2025E. Financial Way Glendora, CA91740 J.J. Little J.J. Little Company, lnc. 9945 Malgar Drive Whittier, CA 90603 L.R. Luppen Metal Products Engineering 3050 Leonis Boulevard Vernon, CA 90058 Ellen Orlando Karen Lehrer 2300F..1lth Street Los Angeles, CA 90021 Dave Karrker California Water Service 5243E- Sheila Street Commerce, CA90A22 So. Cal Edison 1924 Cashdan Street Compton, CA90220 Attn: Mike Frazier vuvuw.avery.com 1-800-GO-AVERY !I I I L I I I Il I ,rulnv-o9-008-l I *.dn-do4 proqar etralg^er *:f:,:3:u' I o09ts 6AUJAV tueqeE at zasltlln i ' ' tuo:'r{rane'n^rurrn ! ep ugeanqreq e; p za;;deg -- ;-" | lepd p salPel seuenbpl'l ' Reynan L. Ledesma The Gas Company (So. Cal Gas Co.) L.A. Junction Railroad Department of Water & Power L.A. P.O. Box 3150 4433 Exchange Avenue 111 N. Hope Street San Dimas, CA91773 Vernon, CA 90058 Los Angeles, CA 90012 Burlington Northern Santa Fe Railroad 37 7 0 E. Washington Blvd. Los Angeles, CA 90023 I oosrs @Au= v M I *4gr u1-do6 asodxe -r rede6 peal I ,6915 ap;durelrfrany_asp i oreultEuole puas - t,. i spqel ,pa6 {se3 ORDINA}ICE NO. L234 AN ORDTNANCE OF THE CITY COIINCIL OF THE CITY OF VERNON (I) AMENDING ARTIC]-,E VI OF CHAPTER 5 OF THE VERNON MTINICI PAL CODE BY REMOVING MASSAGE BUSfNESSES FROM THE DEFINIT]ON OF ADI'LT AND SEXUALLY ORIENTED BUSINESSES; (II) RBNUMBERING CURRENT ARTICLE VII (UTIL]TY USERS' TAX ) OF CHAPTER 5 OF THE VERNON MUNICIPAL CODE TO ARTICLE VIII. AND ADDING NEW ART]CLE VII OF CI{APTER 5 OF THE VERNON MUNICIPAL CODE RELATING TO THE BUSINESS PERMIT REGUI,ATION OF MASSAGE BUSINESSES; (III) AMENDING ARTICLE If OF CHAPTER 13 OF THE VERNON MIINI CI PA]-, CODE BY ADDING MAS SAGE BUSTNESSES TO THE LIST OF THOSE BUSINESSES REQUIRED TO OBTATN HEALTH PERMITS PRIOR To OPERATION; (Iv) AMENDING ARTfCLE II OF CHAPTER 25 (ZONING) OF THE VERNON MUNICIPAT CODE BY REMOVING THE DEFINITION OF "MASSAGE PARLORS,,; AND(V) RENUMBERTNG CURRENT ARTTCLES VTII, IX AND X OF CHAPTER 25 (ZONING) TO ARTTCLES IX, X AND XI OF THE VERNON MUNICI PAL CODE AND RENUMBERING SECTIONS ACCORDINGLY, AND ADDING NEW ARTICLE VIII TO CHAPTER 26 (ZONING) OF THE vERNoN MITNICIPAL CoDE; AND REPEALING ALL ORDfNANCES OR PARTS OF ORDINANCES IN CONFI-,TCT HEREWITH WHEREAS, the CiEy of Vernon (the ..City,, ) is a municipal corporation and a chartered ciEy of the State of California organized and existing under its Charter and the Constitution of tshe State of California; and WHEREAS, California Consticution Article 11, Section T aut.horizes the City to make and enforce within its limj-ts al1 1ocaI. police. sanitsary, and other ordinances and regulations not in conflict witsh general laws; and WHEREAS, the City is further authorized by California covernment code section 51030 et seg. to regulate massage businesses by conditioning the issuance of licenses on satisfaction of certain criteria. including buildj-ng sanitatsion and operatj_on standards for such massage establishments and registration with the City, s police Department; and WHEREAS, in May 2003, the City adopted Ordinance No. 1094, which cal1ed for regulation of, among ot.her businesses, massage businesses in accordance with applicable federal and state 1aw as an adult or sexually orlented business under Article Vf of Chapter 5 and Article VII of Chapter 25 of the Vernon Municipal Code. WHEREAS, in September 20f4, the California Legislature enacted AB 11-47, which became effective on ,fanuary f, 2OlS, to return broad land use control to loca1 government over the regulation of . massage businesses within their jurisdiction. while vesting the exclusj-ve control over the practice of providing massage services and the certification of massage therapists with the California Massage Therapy Council, a state-organized non-profit organizat.ion created to regulat.e the massage industry ("CAMTC" ) ; and WHEREAS, AB l-147 prohj-bits municipalities from regulating massage businesses as adult or sexually oriented busj-nesses. See Govt C. S s1034 (c) (2). WHEREAS, the City has determined that an ordinance is necessary t.o amend various sections of the Vernon Municipal Code to bring the Code into compliance with AB t!4i, to properly regulate massage businesses and to betcer protect against injury or other harm to persons; and WHEREAS, a duly-noticed public hearing has been held to consider the proposed ordinance changes and public testimony has been received and considered; and WHEREAS, Chapter 4.1(f) and (h) of the Charter of the City of Vernon provj-des that. an ordinance shall amend a cod.e or repeal any -2- ordinance or code previousfy adopted. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION ]. :The Cit.y Councll of the City of Vernon hereby finds and determines that all of the foregoing recitals are true and correct. SECTION 2: AMENDMENT OF CODE. The City Council of the City of vernon hereby amends Articre vr of chapter 5 of the vernon Municipal Code by deleting Sectj-on 5.87.2 (7) and the phrase ,. [m]assage parlors,, from the table under Section 5.92(t). A1so, after Section 5.1-04, the Vernon Municipal Code sha1l read *Secs. 5.105 and 5.1_06. Reserved.,, SECTION 3: AMENDMENT OF CODE. The City Council_ of the City of Vernon hereby amends the Vernon trlunicipal Code by renumbering current Articl-e VII (Utility Users, Tax) of Chapter 5 to Article VIII (and leaving all section numbers intact) and adding new Artlcle VIf, Business Permit Reg-ulations for Massage Businesses. to chapt.er 5, Business License Taxes and Other City Taxes. to the Vernon Municipal code as follows: ARTICLE VII BUSINESS PERMIT REGULATIONS FOR I{ASSAGE BUSINESSES TABI,E OF CO}ITEIITS Section 5.107.00. Purpoae - Authorlty. Section 5.107.01. Def init,iong. Section 5.L07 .02 . ExemptLonB. Section 5.107.03. RequirementE. Section 5.107.04. permit Applicalion. section 5.107.05. permit Issuance and RegiEtration; or Denial, Suspeneion, Revocation. -3- Section 5.107.05. Permit Duratioa and Renewal . Section 5.107.07. Posting and Recordkeeping. Section 5.107.08. Facil"ity Requirement,E. gection 5.107.09. Inapections; Violationg and penalties; Notice and Appeals. Section 5.107.10. Hourg of operation. Section 5.107.11. DepartmeDt coordination wit,h cAlffc. Section 5.7-07.L2. Property Ormer Reaponsibitity. Section 5.107.00. Purpoee - Authority. It is the purpose and intent of this Article to provlde for the orderly regulat.ion of massage businesses within the City, in the interests of the public health, safety and welfare. The City wj-shes bot.h to recognize the practice of massage as a valid professional fierd and to discourage prostitution and other unlawful activity which otherwise may become associated with massage businesses. This Article relies upon the state certification process of the CAMTC under the Massage Therapy Act (California Business and Professions Code sect.ions 4GOO through 4G2O). In addit.ion, thls Article provides certain minimum standards for the operat.ion of massage businesses, their managing employees, and massage t.herapists. This Article is adopE.ed under the authority of covernment Code sect.i-ons 5l-030 through 51034, covernment Code section 371-Ol-, Business and Professions Code section l-GOOO, and Cal-ifornia Constitution Article XI, Section ?. Section 5.107.01. Definitions. For purposes of this Article, the fotlowing definitions apply: -4- (a) "California Massage Therapy Counci1,, or ,. CAMTC,, means t.he California Massage Therapy Council established under Business and Professions Code section 4500.5 (a) . (b) "Certified massage therapist,, or .'therapist,. means a person who is currently certsified as a massage therapist by the CAMTC, and who administers massage for compensation. A certified massage therapist who is an independent contractor is one who works at a massage establishment or has an outcall massage service, is not a salaried employee, and does not share a percentage of therapy proceeds with the establishment.. (Included within this definition through December 3]-, 20L5 is a ..certified massage practitioner,,, a person who is currently cert.if ied as a massage practitioner by the CAMTC. ) (c) "Chief" means the City, s Chj.ef of police or his/her designee. (d) $Director,, means the Director of Heal-th & Environmental Control or the Direct.or of Public Works. Water & Development Services or each Director's respective designee, The Director's designees may include the City's Code Enforcement officers. (e) "Massage,, means the application of various techniques to the muscular slructure and soft tissues of the human body for remedial, hygienic, relaxation or any other reason or purpose, Massage techniques may include, but are not limit.ed to, stroklng, kneading, tapping, compression, vibration, rocking. friction. pressure and simil-ar techniques, with the hands or with the ald of any apparat,us or appliance, with or without. supplementary aids such as rubbing alcohol . liniment. ant.iseptic, oi1, powders, creams, ointment or other similar preparat.ions commonly used in the practice, Examples of massage i.nclude deep tissue massage, Swedish massage, Thai massage, sport.s -5- massage, shj-atsu. polariEy therapy, rolfing, reiki, hellerwork and reflexology. ( f ) "Massage business,, or ..business,, means a massage establishment or outcall massage service. (g) "Massage establishment,, or ,testabl ishment,, means a fixed locat.ion where (onIy) state-certified therapists practice massage for compensatsion. (h) \Outca11 massage service,, or ..service,, means a business that provides massage by certj-f ied massage therapists at a location tshat is mutually agreed upon by the client and the therapist and that j_s not a massage establishment. (i) "Operator" means all persons who have an ownership interest in the massage business and are responsible for its day-to-day operations. (j ) \to$,:rer" means any of the following persons: (1) The sole propriet.or of a sole propriet.orship operating a massage business . (2) Any general partsner of a general or limited partnership t.hat owns a massage business. (3) Any person who has a 1OB or greater ownership interest in a corporation that owns a massage business. (4) Any person who is a member of a 1j-mited 1iabiI1ty company that owns a massage business. (5) A11 orrners of any ot.her tlt)e of business associatsion that owns a massage business. (k) "Person,, means any individual , or corporation, partnership, association or other group or combination of same acting as an entity. -6- (1) "Specified anatomical- areas" means pubic region, human genitals, perineum, anal region and the area of the female breast that includes the areola and the nipple. Section 5.L07.02. ExemptionE. (a) This Article shall not apply to the fo)-lowing classes of persons while engaged in the perfonnance of the duties of their respective professions : (1) Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists, nurses, or any other person licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of tshe Business and Professions Code when engaging in such practice within che scope of his or her license; (2) Trainers of any amateur, semi -professional, or professional athlete or athletic team, so long as such persons do not practice massage therapy as their primary occupation at any location where they provide such services in the Citsy; (3) Barbers, hair stylists, manicurists, estheticj-ans and cosmetologists who are duly licensed under tshe laws of the state of California, while engaging in practices wj-thin the scope of their licenses; (41 Individuals in the City t.emporarily for educational events or disaster relief; (5 ) hdividuals admi-nist.ering massages or health treatments involving massage t.o persons participating in road races, track meets, triatshlons, educatsional events. conferences or similar single-occurrence athletic. -7 - recreational, or educational events so long as approved by the event sponsors and provided only at the site of lhe event; (5) Somatic practitioners who use no physj-cal tsouch of any kind at any time in their practice; and (7) Enrolled students of a school of massage when they are performing massage within the City as parts of a formal- supervised int.ernship or training program operated by the school, without compensation other than school credit. (b) The following sha11 not be considered massage establishments under this Article: (1) Hospitals, nursing homes. sanitariums, physj_otherapy establishments, offices of licensed medical professionals, other state-licensed physical or ment.al health facilities; (2) Barber shops, hair salons, nail salons, and similar beauty/grooming establishments. when the giving of massage is an incidental function of the business and constitutes l-ot or less of the business, gross revenue; (3) Personal fitness training centers, gymnasiums. athletic facilities or health c1ubs, when the giving of massage is an incidental function of the business and constitutes 10? or less of the business, gross revenue, Section 5.107.03. Requirementg. (a) Massage business. No person may own or operate a massage business in the Cj.ty unless: -8- (1) Each employee or independent. contractor administering massage for such business is a certified massage (21 (3) therapist; The ohrner or operator has pursuant Eo Articl-e II of Municipal Code; The owner or operator has pursuant to Section 5.22 and obtained a health permit Chapter l-3 of the Vernon obtained a business license of the Vernon Municipal Code; (4) The owner or operat,or has obt.ained a business permit from the City and has a current registration on file at the Police Departnent., pursuant to Sections 5.1_07.04 lPermit Applicationl and S.1O?.05 [permit fssuance and Registration or Denia]l beIow. (b) Massage Cherapist. No person may practice massage in t.he City who is not a certified massage therapist.. A certified massage therapist seeking to work in tshe City must either be: (1) an employee or independent contractor at a CiCy- permitted and registered massage establishmenti or (2) an empl-oyee or independent contractsor of a registered outcall massage service. Section 5.107.04. PermLt Applicatlon. (a) Any person desiring a massage business permit (including a renewal of an existing permit) sha11 file a written application on the required form wit.h the police Departmen!, accompanied by the appropriate filing fee established by resolution of the CiEy Council. -9- (b)The applj-cation shaI1 be completed and signed by the owner or operator of the proposed massage business. The permit application does not authorize operation of a massage business unless and until such permit has been properly granted pursuant to this Article. The applicat.ion sha11 contain or be accompanied by the following information (as applicable) : (1) name under which the massage business is to be conduc ted; (21 street address, mailing address, website domain name, e-mail address and t.elephone number of the massage business; (3) hours of operation of the massage business; (4) name, home address, e-mai1 address and telephone number of each owner and operator. (If the applicant. is a corporation, the name of tshe corporation sha1l be set forth as shown in it.s art.icles of incorporation or charter, together with the state and date of incorporation and the name, home address, and telephone number of each of the officers and directors of the corporation. If the applicant is a partnership, the name, home address. and telephone number of each of the partners. If the applicant is a limited part.nership or limited J-iability company, it shal_l furnish a copy of its certj-ficate of limi.ted partnership or Ij_mited liability company as filed with the Secretary of State . ) ; (c) - 10 - (5) accepEable proof t.hat the operator is at Ieast. 18 years of age; (5) gender, height, weight, and color of hair and eyes of operator; portsrait photographs of operator; (8) complete sets of operator,s fingerprints taken by the Police Department; (9) name, home address of each employee or independent contractsor who will offer massage at (or through) the business; (10) copy of state certification issued by CAMTC of each therapist proposed to perform or administer massage for t.he business; (11) for massage establishments, fu11 size site plan drawn to scale showing the building, parking and access, as well as floor plan showing the square foolage of the building area or tenants space. The areas on the floor plan shaI1 be drawn to scale and properly labeled with the accurate sqp.rare footage (example: reception area, massage treatment rooms, bathroom, utility room, etc,). An operator of a massage establishment shal1 also comply with the City's building permit and zoning requirements as provided in Chapt ers 24 and 25, respectively, of the Vernon Municipal Code ("VMC,, ) , as no massage establishment permit will be issued unless and until such requirements are satisfied and any - 11 - needed building permits have been issued and final approval obtained; (12) for massasJe establishments, the name and address of the owner and lessor of the real property upon or in which the massage business is to be conducted. Where the applicant is not the 1egaI owner of the property, the applicatj-on must be accompanied by a fully execut,ed copy of the lease and a notarized acknowledgement by the owner of the property that a massage establishment will be located on his or her property; (13) complete massage permit history of Uhe operator, whether such person has ever had any permit or license issued by any agency, board, city, count.y, territory or state; t.he date of issuance of such a permit or license, whether the permit or license was denied, revoked or suspended; and the reason therefor; (14) all criminal convictions, including pleas of nolo contendere, within the last ten years, including those dismissed or expunged pursuant to penal Code S f203.4, but excluding minor traffic violations, and the date and place of each such convict.ion and reason therefor; (15) such other identification and information as the Chief of Police may require in order to discover the truth of the matters herein specified and as required to be set f orE.h in the application; (16) a st.atement. in writing and daE.ed by the applicant that, he or she certifies under penalty of perjury that all -1_2- information cont.ained in the application is true and correcti and (17) statements in writing and dated by the operator(s) certifying under penalty of perjury that they: a) have received a copy of this Article; b) understand iEs contents; and c) understand the dut.ies of an operator, as provided in this Article. (d) The business shal1 notify the Police Department in writing within fifteen (15) days of any change j-n t.he information provided. Section 5.107.05. Permit Iasuance and Reglatration, or Denial, Suepeneion, Revocation. (a) Upon receipt of a written application for a massage business permit, t.he Chief and the Dj-rector sha1I conduct an investigation to ascertain whether such permit should be issued. The Chief, after consulcation with the Director, shai-l approve, conditionally approve or deny the application within sixty (60) days of submission of tshe application. The 50-day period may be extended by the Chief for up t.o 30 additional days, if necessary, to complete the investigation. The Chief shal1 issue such permit, unless he or she makes any of tshe following findings: (1) The operator, if an individual , or any of the officers or directors of the corporation, if the operator is a corporation; or a partner, if tshe operator is a partnership, or any person directly engaged or employed - l_3 - (2) in tshe massage business, has within ej-ght years preceding t.he date of the application: (A) Been convicted of a violation of Californj-a penal Code SS 266b, 266i, 314, 31s, 3l-5, 3l-8, 547 (a) or (b) or any eguivalent federal 1aw or law of another state or any other provision of law pursuant to which a person is reguired to register under the provisions of Penal Code S 290 or when the prosecution accepted a plea of guilty or nolo contendre to a charge of a vj_olation of any of the aforementioned laws or any lesser included or lesser related offense in satisfaction of, or as a substitute of, any of Ehe previously listed crimes; (B) Been convicted of a violat.ion of Health and Safety Code S 11550 or any offense involving the 111ega1 sa1e, distribut.ion or possession of a controlled substance specified in Health and Safety Code SS l-1054, 11055, 11055, l-1,057 or l-t-058; (C) Had a license or permit to operat.e a massage business or provide massage services denied, suspended or revoked for cause by a licensing aut.hority, lncluding the CAMTC, or by any cj-ty, county or state; The applicant has made a knowingly fa1se, misleading or fraudulent. statement or omj-ssion of fact to tshe City in the permit application process,. -14- (3) The application does not contsain al-I of the information required by S 5.]-07.o4 lPermit Application] ; (4) The massage business, as proposed by the applicant., does not comply with all applj-cable 1aws, j-ncluding, buts not limited to, health, zon:-r.3, fire and safety requirements and standards; (5) The applicant has not satsisfied the requirements of this Article in the time specified; (6) The operator does not possess a valid business license issued pursuant to this Code. (b) If the application is denied, the City will issue a Notsice of Denial , which sha1l state (i) the reasons for such denlal , (ii) tne effective date of the decision, (iii) the procedures (adopting VMC section 1.8-l-(c)) to request a hearing and appeal the decision, and (iv) that the decision will be final if no appeal is f j-1ed within the Eime permitted. (c) If the application is denied for failure to comply with subsection (a) (2) above, the operator may nots reapply for a period of six (5) months from the date the application was denied . (d) If the application is granted and permit is issued, the massage business will automatically be registered wj_th the Police Department, and the Police DeparCmen! shal1 issue the business a city registration certificate, vai-id for one (1) year. Massage businesses must renew their registration wit,h the Police Department annuaIIy. There shaI1 be no separate charge for this registration and renewal . - l_5 - (e) The registration is not tsransferable to another o\4,ner, operator, manager, service, or therapist; any such change requires re - registration. (f) The Chief may revoke a permit if he or she makes any of the findings for denial of a permj-t. in subsection (a) above, if the operator or any person employed by the business has violated any provision of this Article, or upon a demonstrated j-nability to operate or manage the massage business in a 1aw abiding manner. In such an event, the City will first issue a Notice of Intent t.o Revoke permlt. which will contain substantially the same information as set forth j-n subsection (b) above. (g) The Chief may suspend a permit. for a period thirty (30) days for each violation of subsection (a) above. fn such an event, Ehe Citsy will first issue a Notice of Intent to Suspend Permit, which will contain substantially the same information as set forth in subsection (b) above. Secti.on 5.107.05. Permit Duration and Renewal . (a) The duration of any massage business permit issued sha11 be one (1) year. (b) Applications to renew a permit, sha11 be filed with the Chief before the expiration of the existing permit along with the filing fee established by the city Council. Renewal applications must be f il_ed no l-ater than sixEy (eO; 6"O" prior to the explration of the permit to prevent a lapse of the permit . - 16 - (c) (d) Renewal- applications shall require such information as may be required by Ehe Chief to update the information contained in the original permit applj-catsion. The lapsing or suspension of any permitss issued hereunder, whether by operation of 1aw or by order or decj-sion, or the voluntary surrender of a permit by an operator, sha1l not deprive the City of the ability to proceed witsh any investigation of or action or disciplinary proceeding against such permit or operator, or to render a decision suspending or revoking such a permit. The Chief may, in his or her sole discretion. conduct a folIow-up investigation similar to the initial investigation described in section 5.107.05(a) as a condition precedent. E.o approving an application for permits renewal . The Chj-ef will notify the applicant of the initiation of such an investigation within ten (10) business days of applicant.'s submission of its renewal application. The Chief may refuse to renev, a permit if he or she makes any of the findlngs for denial of a permits in section 5.107.05(a) above, if the operatsor or any person employed by the business has violated any provision of this Artic1e, or upon a demonstrated inability to operate or manage the massage business in a law abiding manner. In such an event. the City wil-I first issue a Notice of fntent to Refuse to Renew Permit, whlch will conlaj-n substantially the same information as set forth in sectj-on 5.107.05(b) above. (e) (f) -t7 - Section 5.107.07. Posting and Recordkeepl,ng. (a) The operator of a massage establishments shaIl post in a conspicuous place within the massage establishment a copy of the Police Department- issued registration cert.ificate and the CAMTC state cert.ification of each massage therapist working at or through tshe establishment. Therapists performing outcall nassage services sha11 carry virith them t.o any location where massage is performed a copy of their Po1ice Department- issued registration certificate and CAMTC stace certification and present it to t.he client or the City upon reqn-lest. (b) All massage businesses sha11 maintain a daily register of each client's name, the assj-gned room (or location of ouEcall massage service) , the massage therapist r^rho treated the client, a descripti-on of service(s) performed and t,he time of the appointment. The daily register shalI be completed by the close of business every day and sha1l be retained for ats least one year. (c) The register shaIl be considered confidential, not for public review, and may be inspected by the City only as part of a criminal investigation or to ensure and enforce compliance with this Article and any other applicable state or federal 1aws, subject to the administrative enforcement. procedures set forth in Section l-.8-1 et seq. of this Code. Failure to make records available for City inspection, after precompliance review is determined j_n favor of the City, sha1I be a misdemeanor punishable pursuant to SecE.ion l-.8(a) of lhls Code. - 18 - Section 5.107.08. Facility Requirements. The operatsor of a massage establj-shment shalI mainlain and operate the establishment in a safe and sanitary manner, and sha1l comply with a1I applicable land use, building, fire, safety, hea1Eh, electrical, plumbing, mechanical . heating and ventilating, sanitation, and other laws applicable to the premises. In addition, the massage establishment sha11 meet the following requiremenEs: (a) A recognizable and legible sign, 1n compliance with all city and county ordinances, shalI be posted at the main entrance identifyj-ng the premises as a massage establishment. (b) A light leveI of no less than five (5) -foot candles at any point wj-thin the room shal1 be maintained in each room or enclosure where massage services are performed on patrons. (c) A separale room or dressing l-ocker facilities for each client, Dressing and undressing may occur in the same room as massage therapy if the client is alone in the room with the door(s) closed and opaque coverings are present on any windows while undressing or dressing, The massage t.herapist or other clients may not be present in the same room when the client is undressing; (d) Any dressing, locker and toilet facilities that are provided sha11 meet these requirements: (1) In steam rooms and rooms containing tubs or showers, a waterproof floor covering sha1I be provided which extends up the r4,a11s at least six inches and shal1 be coved a! the floor-wa11 juncture wiEh at l_east a 3/8 inch radius. Toilet rooms shaI1 be of similar construction. -79- (2) Walls of toilet and bathing facilities shaI1 be smooth. waterproof and kept in good repair. (e) Cabinets sha11 be provided for the storage of clean 1inen. Approved containers sha11 be provj_ded for the storage of all soiled linen. (f) Minimum ventilation shalI be provided j_n accordance wich Article fI of Chapts er 24 ot the Vernon ttunicipal Code. To aIlow for adequate ventilation in cubicles, rooms and areas provi_ded for patron.s use, which are not serviced directly by required window or mechanical syst.ems of venEil"ation, part.itions sha1I be constructed so that the height of partitions does not exceed seventy-five percent (75?) of the floor-to-ce11ing height of the area in which they are located. (g) A11 plumbing and electrical installatlons sha1I be installed under permit and inspected by the Department of public Works. Water & Development Services and such installations sha11 be installed in accordance with the Uniform Building Code and the Uniform plumbing Code. (h) A11 wa11s, ceilings, floors, poo1s, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet. and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms, shal1 be t.horoughly cleaned and disinfected each day the business is in operation. Bathtubs sharl be thoroughly cleaned and disinfected after each use. (i) Towels. linens, and sheets of aII types and items for personal use of operators and patrons shal1 be clean and freshly laundered. Towels, linens, and sheets sha11 not be washed after each and every use. Reuse of such l-inen is prohibited unless the same has -20- been first l-aundered. Common use of towels or linens is prohibit.ed. Heavy white paper may be substituted for sheets provided that such paper is used once for each person and then discarded inLo a sanitary receptacfe, (j) All lavatories or wash basins sha11 be provided with hot and cold running wat.er, liguid (not bar) soap and single-service disposable tsowels in wall-mounted dispensers. (k) Disinfecting agents and steril-izing equipment shatl be provided for any instruments used in performing acts of massage. (1) Pads used on massage tables shall be covered in a workmanlike manner with durable washable plastic or other acceptable waterproof material . (m) No exterior entrance to the massage establishment which 1s regularly used by the public for ingress or egress to such establishment sha11 be locked during business hours, unless all clients and staff are behind closed doors and no staff are available to assure security for those clients and staff. (n) A list of services available and the cost of such services shal-I be posted in an open and conspicuous public place on t.he premises. The services sha1l be described in readily understandable language. No orrner or operator of the massage establishment., sha1I permit, and no massage therapist shaI1 offer to perform any services other than those posted. (o) With the exception of bathrooms, showers and dressing rooms, no ohrner or operator of any massage establishment shaII permit any person in any area wj-thin the massage establishment which is used by the patrons or which can be viewed by patrons from guch an area, unless the person's specified anatomical areas are fu1ly covered. -21 - (p) No massage establ-ishment or part thereof where massage or massage services are being conducted sha1l be eguipped with any electronic, mechanical or artificial device used, or capable of being used. for recording or videotaping, for monitoring the actj_vities. conversation, or other sounds in the t.reatment room or room used by customers. (S) A person sha11 not enter, be or remain in any part of a massage establishment. or premises licensed as such while in the possession of, consuming or under the influence of any alcoholic beverage or control-led substance. No owner or operator shal1 permit any such person to enter or remain upon the premises of a massage establishments. (r) No massage or massage services may be administered unless the customer's specified anatomical areas are clothed. If the customer is f emal-e, the breasts need not be clothed but must be covered by a towel when the customer is lying on her back. (s) No owner or operator of a massage establishment sha11 during the course of any service or task associated with tshe operation of a massage business permit any person to massage or intentionally touch the specified anatomical areas of another person eitsher under or over the clothing or towe1. (t) No owner or operator of a massage establishmenE sha11 permit any massage therapists t.o be on t.he premises of a massage establishment during its hours of operation while performing or available to perform any Eask or service associat.ed wit.h the operation of a massage business, unless the massage therapist, is fu11y covered from a point no more than five (5) inches above the knees to the base of the neck, excluding the arms. The covering, which incl_udes trousers, pants or -22- shorts, will be of a non-transparent material and will be rnaintained in a clean and sanitary condition. (u) No owner or operator of a massage establishment shal1 permit any animals or pets on the premises, except for service animals as defined by the Amerj-cans wit.h Disabilities Act. (v) A current list of t.he individuals providing massage servj_ces in the massage establishment, and evidence of Ehe organi zation- issued certifj-cates or transitional massage technician licenses held by those individuals shall be maintained at the massage establishmen! at all times and sha1l be made immediately available t.o the Chief for inspection upon request , (w) For a massage establishment in which the therapist is an employee, all massage services sha11 be paid for in the recept.i-on area, and all t.ips, if any. shall be paid in the reception area. For a massage est.ablishment at whi-ch a therapist is an independent contractor or for outcall massage services, all massage services and all tips, if any, may be paid in the same room where t.he massage occurred.. A massage establishment located in a home is exempt. from t,his subsectj_on. Section 5.107,09. Inapectiona; Violationa and penalties; Notice and Appeala. (a) The chief may inspect the premises of a massage establishment at t.he time of registration. and may make periodic, reasonable inspections of the establishment during normal business hours to assure compliance with CAMTC requirements, this Article (including record-keeping as required by section 5.107.07) and applicable fire, health and safety requirements, If any violations are found, the Chief may determine tshat a permit should be suspended, revoked or not -23- renewed, in which case, the Chief shall provide notice pursuant to Sections 5.107.05(f) or (g) or 5.1-02.05(f) , as appropriate . (b) In addition to the administ.rative enforcement procedures and remedies available t.o the Chief under section l-.8 of the Vernon Municipal Code ("VMC"), prior to providing notice as described in subsectj_on (a) above, the Chief may gj_ve the business ten (L0) days to correct the violation(s). or, if t.he violation(s) presents an immediate danger to public health or safeEy, close the establishment until the violation (s) is corrected. (c) Any person aggrieved by a decision of the Chief with reference to the denial, suspension, revocation or refusal to renew a permit may appeal pursuant tso VMC section 1.8-l-(c) . Section 5.107.10. Hours of Operatsion. No massage establj-shment and no massage Cherapists may provj_de massage service between the hours of 10:OO p.m. and 7:OO a.m. Clients and visit.ors sha11 be excl-uded from a massage establishment during those hours. Section 5.107.11. Department Coordination with CAMIC. The Chief sha11 designate a person in the Police Department or Code EnforcemenE Di-vision to coordinate r/rith CAMTC. including mainEainlng a l-ist of certified therapists pract.icing in the City, maintaining a list of massage businesses operating in the City, receiving notices and informaEj-on from CAMTC, and not.ifying CAMTC of any arrest or conviction of penaf Code section G47 or other act, punishable as a sexually relat.ed crime. Section 5.L07.1-2. Property Owner Reaponeibility. Any pface where lewdness, assignation or prostj-tution occurs is a public nuisance which may be abated and permanently enjoined, and for which the Clty may recover damages from Ehe property owner, as well as from the person conducting or mainEaining the nuisance. (Penal Code SS 77225 ar]d 1]-225). gection 5.108 and 5.109, Regerved. SECT]ON 4: AMENDMENT OF CODE. The City Council of Ehe City of vernon hereby amends Article fI of Chapter 13 of the Vernon Municipal Code by (i) addj-ng "Massage business means a business as defined in Sect,ion 5.107.01" to Section l-3.5,' and (ii) renumbering Sectsions 13.7(k) - (aa) to Sections 13.7(1)-(bb) and addj-ng new Section 13.7 (k) "Massage business" . SECTION 5: AMENDMENT OF CODE. The City Council of the City of Vernon hereby amends chapter 25 of the Vernon Municipal Code by removing "Massage Parlor" and its definition from Sectsion 25.2.9. SECTION 5: AMENDMENT OF CODE. The City Council- of the City of Vernon hereby amends Chapter 26 of the Vernon Municipal Code by renumbering current Articles VIII. IX, and X to Articles IX. X and XI (and renumberi-ng section numbers accordingly - e.g. , Zoning Regulatsions for off-Site outdoor Advertising structures shall be renumbered as new Artlcle fx, and the section numbers shall be renumbered Sec. 25.9.f , 26.9.2 and 26.9.3). and adding new Article VIII, zoning Regulations for Massage Businesses, to Chapter 26, zon.in'g, Eo the Vernon Municipal Code as folLows: ARTICLE VTff ZONING REGI'I"ATIONS FOR MASSAGE BUSINESSES Section 25.8.1. Purpose. -25- It is the intent of this Article to prevent the proliferation of massage businesses in tshe City and to otherwise regulate the number and location of such businesses, such thaE the public health and welfare are preserved and promoted. Section 26.8.2. Pefinitions. As used herein, the terms and phrases sha1l have the same meaning as defined in Chapter 5 Business License Taxes and Other CiEy Taxes, Article VII, Business Permit Regulations for Massage Businesses, Section 5.107.01, "Definitsions," et seq.; provided, however, that for purposes of zonlng, massage busj.nesses shal1 be deemed a "commercj-aI or retsaiI use." In addition, as used herein, the terms and phrases sha11 have the same meaning as defined in Chapter 5 Business License Taxes and Other Citsy Taxes, Article VI Business Permit Regulations for Adult or Sexually Oriented Businesses or Similar Businesses, Section 5.81-, "Definitions," et seq. of this Code. geclion 26.8.3. Location Requirements. Section 26.8.3-L. zone. Massage businesses shall be permitted in the C-2 Overlay Zone. Section 26.8.3-2. Reguired Distance. No massage business shaI1 be opened as a new business, converted from an existing business, established, l-ocated. expanded, or operaled within certain distances of certain specified l-and uses as set forlh below: (a) No massage business shal1 be established on a Lot located within seven hundred fifty (750) feet of any other l-,ot contsaining another massage business or an AdulL or Sexually Orient,ed Busj-ness, whet.her such other Lot is located inside or outside t.he City limits. The required mj-nimum distance between any tswo massage businesses or between a massage business and an Adul-t or Sexually -26- Oriented Business shall be measured along the Street,, whether public or private, from the nearest side or rear Lot lines of the Lots upon which such uses are located. (b) No person sha1l cause or permit the establishment or maintenance of more than one massage business or a massage business and an Adult or Sexually Oriented Business on the same Property. (c) No such business shaII be established or located witshin seven hundred fifty (750) feet of any Residence, public park. recreational area, public building, Religious Use, school, boys' c1ub, girls' c1ub, or similar existing youEh organization, Bar, pool ha1l, or liquor sEore, whetsher such other use is located inside or outside the City limits. The requlred minimum distance between a massage business and such other specified uses shal1 be measured al-ong the Street, whether public or pr j-vat.e, from the nearesu side or rear Lot lj-nes, of the Lots upon which such uses are locaEed. SECTION 7: CEQA FINDING. The City Council of the Citsy of Vernon finds that this Ordinance is exempt from CEQA review under CEQA Guidelines section 15051(b) (3), the general rule tshat CEOA only applies to projects which have the potential for causing a significant effects on the environment. Because the adoption of this ordinance does not authorize the establishment of any new massage businesses nor the construction of any new structures or other physical changes in the environmenE. 1t will nots resul-t in a direct or reasonably foreseeable indirects physical change in the environment, See CEQA Guidelines section 15060 (c) (2) . SECTION 8:Any ordinance or parts of ordinances in conflict with this Ordinance are hereby repealed. SECT]ON 9: Severabilj-ty. If any chapter, article, sectj-on, subsecEion, subdivision, paragraph. sentence, clause. phrase, or word in this Ordinance or any part thereof is for any reason hel-d to be unconstitutional or invalid or ineffective by any court of competent jurj-sdiction, such decision sha11 not affect the validitsy or effectiveness of the remaining portions of this Ordinance or any part Chereof. The City Council hereby declares that it would have adopt.ed this Ordinance and each chapcer. article, section, subsection, subdivision, paragraph. sentence, clause or phrase thereof, irrespective of the fact t.hat any one or more chapters, articles, sections, subsections, subdivisions. paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or inval-id, or ineffectsive. SECTION 10: Book of Ordinances. The CiCy Clerk, or Deputy Cj-ty Clerk, shall attest and certify to the adoption of this Ordinance and shall- cause this Ordinance and the City Clerk's. or Deputy City Clerk's, certification to be entered in the Book of Ordinances of the Council of this City. The City C1erk. or Deputy City Clerk. sha11 cause this ordinance t.o be published or posted as required by 1aw. -28- SECTION 1-1: Ef f ective Date.This Ordinance sha11 go into effect and be in fu11 force and effect at 1,2:Ol a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this 5th day of January, 201,6. Name: Title:Mayor / t'ttayor Pro-Tem ATTEST: City Clerk / oeputy City Clerk APPROVED AS TO Brian Byun, Deputy ty Attorney -29 STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) 1,, City Clerk / Deputy City Clerk of the City of vernon, do hereby cerEify that the foregoing ordinance, being Ordinance No. 1234 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of vernon on Tuesday, December L5, 20L5, and thereafter adopted at a meeting of said city council held on Tuesday, ,January 5, 20L6, by the f ollowing vot,e: AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: And thereafter was duly signed by the Mayor or Mayor pro-Tem of the City of Vernon. Executed this _ day of (SEAL) , 20J-6, a.t Vernon, CaLifornia. City Clerk / oeputy Cit,y Clerk -30