2016-01-19 City Council Agenda PacketCalifornia Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda
items, including attachments, which are presented to the City Council in open session are available for public
inspection. They may be inspected during regular business hours in the 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 19, 2016, 9:00 a.m.
Council Chamber
4305 Santa Fe Avenue
Vernon, California
W. Michael McCormick, Mayor
William J. Davis, Mayor Pro-Tem
Luz Martinez, Council Member
Melissa Ybarra, Council Member
Yvette Woodruff-Perez, Council Member
CALL TO ORDER & FLAG SALUTE
CHANGES TO THE AGENDA
PUBLIC COMMENT - At this time the public is encouraged to address the City Council on any matter that
is within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment
on matters which are on the posted agenda during City Council deliberation on those specific matters.
PRESENTATIONS
1. Brief Update on the Activities of Assembly Member Miguel Santiago's Office Presented by David
Juarez.
2. 2016 Used Oil Calendar Awards.
Presentation of the 2016 Used Oil Calendar Awards to the Vernon Elementary School, and Sponsor
recognition plaques.
Regular City Council Meeting Agenda
January 19, 2016
Page 2 of 10
3. Swear-In Ceremony for three (3) newly hired Firefighters.
City Council to instruct the City Clerk to administer the Oath of Office, required by Article XX, Section
3 of the Constitution of the State of California, to the following newly hired Firefighters.
1. Justin Corson
2. Troy Milano
3. John Vittorio
4. Personnel Matters - Service Pin Awards.
December 2015 Anniversary
Employee Name Job Title Years
1. Gustavo Herrera Police Officer 15
2. Nicholas Perez Police Sergeant 15
3. Seven Hartsfield Senior Facilities Maintenance Worker 30
4. Freddie Taylor Administrative Aide 5
5. City of Vernon Exceptional Employee Program (VEEP) Award 2015.
Recommendation:
A. City Council to present VEEP perpetual plaque awards to each of the category winners listed
herewith for the 2015 calendar year.
VEEP Category 2015 VEEP Award Winners
Cost-Savings Idea Shahram Sharifzadeh
Team Award Human Resources
Employee of the Year Danita Robertson
6. Presentation by independent auditor, Vasquez & Company, LLP, on Fiscal Year 2015 audit
results.
7. Vernon’s Various Governing Bodies.
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
8. None.
Minutes – To be Received and Filed
9. Minutes of the Regular City Council Meeting held January 5, 2016.
Regular City Council Meeting Agenda
January 19, 2016
Page 3 of 10
10. Minutes of the Special City Council Meeting held January 5, 2016 (1:00 p.m.)
11. Minutes of the Special City Council Meeting held January 7, 2016.
Warrant Registers
12. Ratification of City Warrant Register No. 1425 to record voided Check No. 347691 in the amount
of $7,500.00.
13. Approval of City Payroll Warrant Register No. 715, totaling $3,081,799.42, which covers the
period of December 1 through December 31, 2015 and consists of the following:
A. Ratification of direct deposits, checks and taxes totaling $2,049,434.24; and
B. Checks and electronic fund transfers (EFT) totaling $1,032,365.18.
14. Approval of City Warrant Register No. 1440, totaling $1,427,884.00, which covers the period of
December 29, 2015, through January 11, 2016, and consists of the following:
A. Ratification of wire transfers totaling $743,553.43; and
B. Ratification of the issuance of early checks totaling $582,003.26; and
C. Authorization to issue pending checks totaling $306.80.
15. Approval of Light & Power Warrant Register No. 405, totaling $1,893,592.61, which covers the
period of December 29, 2015, through January 11, 2016, and consists of the following:
A. Ratification of wire transfers totaling $1,757,053.08; and
B. Ratification of the issuance of early checks totaling $90,428.16; and
C. Authorization to issue pending checks totaling $46,111.37.
16. Approval of Gas Warrant Register No. 193, totaling $185,958.62, which covers the period of
December 29, 2015, through January 11, 2016, and consists of the following:
A. Ratification of wire transfers totaling $183,138.20; and
B. Ratification of the issuance of early checks totaling $2,820.42.
Fire Department
17. Activity Report for the period of December 16 through December 31, 2015, to be received and
filed.
Regular City Council Meeting Agenda
January 19, 2016
Page 4 of 10
Police Department
18. Activity Log and Statistical Summary of Arrests and Activities for the period of December 16,
through December 31, 2015, to be received and filed.
NEW BUSINESS
City Administration Department
19. A Resolution of the City Council of the City of Vernon appointing the City Administrator as the
Municipal Employee Relations Representative and repealing all resolutions in conflict therewith.
Recommendation:
A. Find that approval of the proposed action is exempt from California Environmental Quality Act
(CEQA) review because it is a continuing administrative 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; and
B. Approve and adopt a resolution to appoint the City Administrator to serve as the Municipal
Employee Relations Representative.
Gas and Electric Department
20. Renewable Portfolio Standard Annual Status Report for Calendar Year 2015.
Recommendation:
A. Find that the Renewable Portfolio Standard (RPS) Annual Status Report is exempt from California
Environmental Quality Act (CEQA) review because, as a continuing administrative activity, such
is not a “project” as defined in CEQA Guidelines Section 15378. And even if such activity were
a “project,” it would be exempt from CEQA review in accordance with CEQA Guidelines Section
15307 and 15308 because the RPS activity managed by Vernon Gas & Electric is aligned with
regulatory provisions to maintain, restore, or enhance the environment; and
B. Acknowledge and file the annual Renewable Portfolio Standard Report for Calendar Year 2015 as
presented by the Vernon Gas & Electric Department. This report is for informational purposes
only. There is no fiscal impact.
21. Award of Bids and Purchase Contracts to Young and Company (Howard Industries) and Banes
Associates (CG Power Systems USA, Inc.) for Pad-mount Distribution Transformers for the
Vernon Gas & Electric Department (Bid Specification #TR3-2015-PM).
Recommendation:
(Items A-D)
A. Find that proposed purchase of pad-mount distribution transformers is exempt from California
Environmental Quality Act (CEQA) review because, as a continuing administrative or
Regular City Council Meeting Agenda
January 19, 2016
Page 5 of 10
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 #TR3-2015-PM, relating to the purchase of pad-mount distribution transformers:
1. Young & Company (Howard Industries) for bid items 1-3 and 9-12.
2. Banes Associates (CG Power Systems USA Inc.) for bid items 4-8 and 13-18; and
C. Award bids and authorize the Purchasing Department to issue purchase order contracts for a one
(1) year term as follows:
1. Young & Company (Howard Industries) for bid items 1-3 and 9-12 for a grand total amount,
not to exceed, $152,089.
2. Banes Associates (CG Power Systems USA Inc.) for bid items 4-8 and 13-18 for a grand total
amount, not to exceed, $330,164; and
D. Reject all other bids.
22. Approving the Issuance of One Notice Inviting Bids for Qualified Manufacturers and Distributors
for the Replacement of Circuit Breakers at Leonis Substation Identified as a Capital Improvement
Project.
Recommendation:
A. Find that approval of the proposed issuance of an Invitation to Bid is categorically exempt under
the California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines
section 15301, because the project consists of the maintenance, repair or minor alteration of
existing equipment and involves negligible or no expansion of an existing use. The equipment
referenced herein merely replaces older equipment and improves electric system efficiency and
reliability in Vernon; and
B. Approve the issuance of Notice Inviting Bids to qualified manufacturers and distributors for the
procurement of necessary vacuum filled Circuit Breakers at Leonis Substation in order to maintain
safety, capacity and reliability.
Human Resources Department
23. A Resolution of the City Council of the City of Vernon affirming the appointment of Arnold Jesse
Wilson to serve as the Interim City Administrator and ratifying the execution of a related At-Will
Employment Agreement.
/ / /
/ / /
Regular City Council Meeting Agenda
January 19, 2016
Page 6 of 10
Recommendation:
A. Find that approval of the resolution is exempt from California Environmental Quality Act (CEQA)
review, because it is a general administrative 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 affirming the appointment of Arnold Jesse Wilson to serve as the Interim
City Administrator of the City of Vernon effective January 11, 2016, and ratifying the execution
of a related temporary at-will employment agreement.
24. 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 attached resolution in this staff report is exempt from California
Environmental Quality Act (CEQA) review, because it is a general administrative 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 attached resolution amending and restating the Citywide Fringe Benefits and Salary
Resolution, effective December 21, 2015 to reflect the following provision:
1. Add 40-hour Administrative work schedule pay ranges to the Classification and Compensation
Plan for Firefighter, Firefighter/Paramedic, Firefighter/Paramedic Coordinator and Fire
Engineer in accordance with Government Code Section 20636(b)(1), as listed below:
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
Regular City Council Meeting Agenda
January 19, 2016
Page 7 of 10
Class
Code Job Title Pay
Grade Annual Monthly Hourly Pay Period
5040 Fire Engineer (A) FA28
Step 1 $82,524 $6,877 $39.6750 $3,174.00
Step 2 $86,652 $7,221 $41.6596 $3,332.77
Step 3 $90,984 $7,582 $43.7423 $3,499.38
Step 4 $95,544 $7,962 $45.9346 $3,674.77
Step 5 $100,320 $8,360 $48.2308 $3,858.46
5035
Firefighter/Paramedic
Coordinator (A) FA29
Step 1 $86,652 $7,221 $41.6596 $3,332.77
Step 2 $90,984 $7,582 $43.7423 $3,499.38
Step 3 $95,544 $7,962 $45.9346 $3,674.77
Step 4 $100,320 $8,360 $48.2308 $3,858.46
Step 5 $105,336 $8,778 $50.6423 $4,051.38
5045 Firefighter/Paramedic(A) FA28
Step 1 $82,524 $6,877 $39.6750 $3,174.00
Step 2 $86,652 $7,221 $41.6596 $3,332.77
Step 3 $90,984 $7,582 $43.7423 $3,499.38
Step 4 $95,544 $7,962 $45.9346 $3,674.77
Step 5 $100,320 $8,360 $48.2308 $3,858.46
5060 Firefighter (A) FA25
Step 1 $71,280 $5,940 $34.2692 $2,741.54
Step 2 $74,856 $6,238 $35.9885 $2,879.08
Step 3 $78,600 $6,550 $37.7885 $3,023.08
Step 4 $82,524 $6,877 $39.6750 $3,174.00
Step 5 $86,652 $7,221 $41.6596 $3,332.77
Industrial Development Department
25. A Resolution of the City Council of the City of Vernon approving and authorizing the execution
of a third amendment to agreement regarding assignment and assumption of purchase and sale
agreement by and between the City of Vernon and Fruitland Owner, LLC for property located at
3200 Fruitland Avenue.
Recommendation:
(Item A-B)
A. Find that approval of the proposed Third Amendment to Agreement Regarding Assignment and
Assumption of Purchase and Sales Agreement is exempt from the California Environmental
Regular City Council Meeting Agenda
January 19, 2016
Page 8 of 10
Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only
applies to projects that may have an effect on the environment; and
B. Adopt a resolution approving the Third Amendment to Agreement Regarding Assignment and
Assumption of Purchase and Sale Agreement with Fruitland Owner, LLC for the property located
at 3200 Fruitland Avenue.
Public Works, Water and Development Services Department
26. Bid Award for On-Call Services for the Removal, Repair and Reinstallation of Well and Booster
Pump Equipment and Rehabilitation of Production Wells, Contract No. CS-0636.
Recommendation:
A. Find that entering into the proposed contract for On-Call Services for the Removal, Repair and
Reinstallation of Well & Booster Pump Equipment and Rehabilitation of Production Wells 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 consists of
maintenance of existing structures, facilities and topographical features, involving negligible or no
expansion of use beyond that existing at the time of this determination; and
B. Accept the bid from General Pump Company, Inc., as the lowest responsive and responsible bidder
and enter into the contract, in an amount not to exceed $75,000.00 annually or $225,000.00 for the
3-year contract term For On-Call Services for the Removal, Repair and Reinstallation of Well &
Booster Pump Equipment and Rehabilitation of Production Wells, CS-0636.
27. Amendment No. 5 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. 5 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. 5 adding funds in the amount of $24,690.00 to the Services Agreement
between the City of Vernon and Cannon Corporation for the Engineering Design and Construction
Support Services for Well 21.
28. Belfor USA Group, Inc. Red Alert Service Agreement – Basic Plan.
Recommendation:
(Items A-C)
A. Find that authorization for the City Administrator to sign the proposed Red Alert Service
Agreement – Basic Plan is exempt under the California Environmental Quality Act (CEQA) in
Regular City Council Meeting Agenda
January 19, 2016
Page 9 of 10
accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may
have an effect on the environment; and
B. Authorize the City Administrator to sign the service agreement with Belfor USA Group, Inc.; and
C. Enter into an agreement with Belfor USA Group, Inc. for emergency services, restoration services
or reconstruction services for a period of three years.
ORAL REPORTS
29. City Administrator Reports – brief reports on activities and other brief announcements by the City
Administrator and Department Heads.
30. City Council Reports – brief report on activities, announcements, or directives to staff.
CLOSED SESSION
31. PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1)
Title: City Administrator
32. CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
Agency Designated Representative: Lisette Michel, Interim Director of Human Resources
Unrepresented [Prospective] Employee: Public Works, Water and Development Services Director
33. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation
Government Code Section 54956.9(d)(2)
Number of potential cases: 1
34. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Benjamin Potter vs. City of Vernon; Workers Compensation Appeals Board Case No.
ADJ9225I8L
Regular City Council Meeting Agenda
January 19, 2016
Page 10 of 10
35. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957(b)(1)
Title: City Attorney
ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was
posted on the bulletin board at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe Avenue,
Vernon, California, and on the City’s website, not less than 72 hours prior to the meeting set forth on this agenda.
Dated this 14th day of January 2016.
By: ________________________________
Maria E. Ayala
City Clerk
JAN 13 2015
CITY CLERKS OIFICE
HEALTH &
STAFF REPORT
ENVIRONMENTAL CONTROL DEPARTMENT
DATE:
TO:
January 19,2016
Honorable Mayor and City Council
RE
FROM: {fl..moo".a Grossberg, Director / Heatth Officer
2016 Used Oil Calendar Awards Presentation
RECOMMENDATION:
A. Presentation of the 2016 Used Oil Calendar Awards to the Vemon Elementary
School, and Sponsor recognition plaques.
BACKGROT]ND:
On an annual basis our department and our Used Oil consultant conduct a contest for the Vemon
Elementary Fifth Grade students to prepare drawings for the City of Vemon Used Oil Recycling
Calendar. The drawings {iom twelve students are included on this year's calendar. The Fifth
Grade class, teacher, and the school principal will be in attendance for the awards presentation
for the student participants and winners and Vemon business sponsors. The business sponsors
provide funds for the printing of the calendars, students' trophies and prizes. Following the City
Council's direction, our department has invited to the January 19th,2016 City Council meeting,
the Fifth Grade class, teacher, and the school principal for an awards presentation for the
students and Vemon Business sponsors.
With the assistance of KJ Services (Kevin and Marianna Sales), we will be presenting at the
January 19th City Council meeting, the following awards to the winners of the 2016 City of
Vemon Used Oil Recycling Calendar Contest:
Honorable Mention Winners - Atzin Carreon, Diego Sanchez, Enrique Velazquez, lahayra
Valencia, Kimberly Gonzzlez, Nataly Tapi4 Jerry Hemandez, and Victor Sanchez.
They will each receive:
Trophy
$100 Target gift card
$50 Califomia Science Center gift certificate
$25 McDonald's gift card
4 tickets for Regal Cinemas
REEEIVED
JAN 13 20t6
CITY ADMINISTRATION
3rd Prize. Second Prize. and lst Prize Winners - Damaris Carrw:z4 Edwin Avelino, and Briseis
Alvarado will each receive:
Trophy
$125 Target gift card
$50 California Science Center gift certificate
$25 McDonald's gift card
4 tickets for Regal Cinemas
Grand Prize Winner - Andrew Hemandez will receive:
Trophy
$150 Target gift card
$50 Califomia Science Center gift certificate
$25 McDonald's gift card
4 tickets for Regal Cinemas
We are also recognizing the 5d grade teachers and principal from Vemon City School for their
support of the Used Oil Calendar Program:
Mr. Trujillo $250 Staples Gift Card for Classroom supplies
Mrs. Quon $250 Staples Gift Card for Classroom supplies
Principal Diane Espino $500 Staples Gift Card for School
In addition, we will be presenting appreciation plaques to the following businesses for supporting
the program and providing the funds for the calendar printing. gifts and trophies:
Printing Sponsor
Los Angeles County Disposal Association
Platinum Sponsor
Baker Commodities
Gold Sponsors
Farmer John Foods
Asbury Environmental Services
U.S. Growers Cold Storage
Golden West Trading, lnc.
Lubricating Specialties Co.
Silver Sponsors
Strategic Materials
Vemon Chamber of Commerce
Bronze Soonsors
Athens Services
Norman, Fox & Co.
FISCAL IMPACT:
None. All costs incurred in this program are covered by generous donations from Vemon
businesses. Recognition of their donations is prominently noted on the 2016 calendar. A grant
received for $5,000 from CalRecycle is used to manage the program and is awarded to our
consultant KJServices annually.
9cLG:K,rleonardrused Oil Gra-ntsrused Oil Calendal/ 2015 -2016/City Council Staff Repon 2016-doc
REGEIVED
JAN 13 2016
CtTY CLERli'S OIFICE
REGEIVED
JAN I I 2016
CITY ADMINISTSTAFF REPORT
FIRE DEPARTMENT
DATE:
TO:
FROM:
RE:
January 19,2016
Honorable Mayor and City Council
Michael A. Wilson, Fire Chief fu-Originator: Adriana Ramos, Ailministrative Secretary
Presentation - Swear - In Ceremony
Recommendation
It is recommended that the City Council instruct the City Clerk to administer the Oath of Office,
required by Article XX, Section 3 of the Constitution of the State of Califomia, for the newly
hired Firefighters.
Background
As part of the department's succession planning efforts, the Fire Department conducted a
recruitrnent process to fill four (4) Firefighter positions that had been vacant since the PARS
retirements in 2013. One (1) of the four (4) positions was filled on July l, 2015.
Based on a review of the qualifications of each eligible candidate and an extensive background
investigation, it was determined that Justin Corson, Troy Milano and John Vittorio, to be the best
qualified candidates to fill the remaining three (3) open positions of Firefighter.
F iscal Imoact
There is no fiscal impact to the City's general budget as these positions were included in the
2015-2016 fiscal year budget.
Attachment(s)
None
Page 1 of I
STAFF REPORT
HUMAN RESOURCES DEPARTMENT
RECEIVED
JAN 0 5 20t6
CITY ADMINISTRATION
K!-
DATE:
TO:
FROM:
RE:
January 19,2016
Honorable Mayor and City Council
Lisette Michel Grizzelle,Interim Director of Human Resources
Originator: Veronica Avendano, Administrative Secretary
Service Pin Awards for December 2015
Recornmendation
A. City Council to present service pins to those employees hired in December.
Background
Submitted herewith lists the employees who are eligible to receive their service pin based on the
number of service years with the City of Vemon.
Fiscal Impect
None.
Attachment(s)
l. December 2015 Service Pin employee list.
Page 1 of I
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REGEiVED
JAN 1.4 2016
CITY CLERKS OIIICE
RECEIVED
JAN 13 2016
CITY ADMINISTRATIONSTAFF REPORT
HUMAN RESOURCES DEPARTMENT
DATE:
TO:
FROM:
RE:
w
January 19,2016
Honorable Mayor and City Council
Lisette Mchel Grizzelle, Interim Director of Human Resources
City of Vernon Exceptional Employee Program (YEEP) Award 2015
Recommendation
A. City Council to present VEEP perpetual plaque awards to each of the category winners
listed herewith for the 2015 calendar year.
B.
YEEP Cateeorv 20fS VEEP Award Winners
Cost-Savings Idea Shahram Sharifzadeh
Team Award Human Resources
Employee of the Year Danita Robertson
Backqround
Employee recognition programs are designed to motivate, recognize, and reward outstanding
employee excellence and public service. The VEEP Award was created to recognize excellence
in the areas of quality service. process improvement, and teamwork. In creating a high-
performance workplace, recognition is a motivating factor that:
o Provides employees with job satisfaction and encouragement to perform their jobs more
effectively.
o Provides excellent motivators that are critical to employee retention.
o Provides employees with appreciation for their efforts and reinforces that their work is
valuable.
o Contributes to the overall objectives and effective operations of the City of Vernon.
Page I of 3
. Promotes good employee relations.
o lmproves morale and increases productivity.
A selection committee comprised of department representatives evaluated nominees based on the
below criteria in three (3) award categories; Employee of the Year, Team Award and Cost-
Savings Idea of the Year.
o Extribited excellence to public service and to serving the City of Vemon
businesses, customers and workforce. Evidence of excellence in service should
be demonstrated by communication skills, problem solving, customer focus, and
such people metrics as responsiveness, helpfulness, knowledge, courtesy and
accessibility.
o Sustained excellence in productivity and consistent quality of work.
. Demonstrated high degree of initiative above and beyond the normal performance
responsibilities.
o Outstanding participation in the development of a program that has benefited the
City (new procedure or process which effectively increased efficiency in
operations, public service, or improves cost savings).
o Displayed outstanding leadership qualities through teamwork, promoting
employee morale and cooperation and respectful treatrnent of others.
Winners shall be announced annually in January ofeach calendar year and shall be awarded the
following:
For awards of two or less recipients shall receive:
o A plaque presented by the City Council at a Council meeting.
r One-day Employee Leisure Leave.
r $100 Gift Certificate.
o Recognition at Employee Service Awards Dinner.
. Recognition at Employee hformational Meeting.
o Editorial in the Vemonite Employee Newsletter.
For awards of three (3) through ten ( 10) recipients shall receive:
. A plaque presented by the City Council at a Council meeting.
o Two (2) movie tickets.
o Choice of Luncheon or Breakfast for award recipients.
Page 2 of 3
. Recognition at Employee Service Awards Dinner.
. Recognition at Employee Informational Meeting.
o Editorial in the Vemonite Employee Newsletter.
For awards of eleven ( I I ) or more recipients shall receive:
. A plaque presented by the City Council at a Council meeting.
o Choice of Luncheon or Breakfast for award recipients.
. Recognition at Employee Service Awards Dinner
o Recognition at Employee Informational Meeting.
o Editorial in the Vemonite Employee Newsletter.
Fiscal Impact
The approximate cost to implement the Vemon Exceptional Employee Program (VEEP) Award
is $1,000 and can be absorbed in the Human Resources Departmental line item budget for fiscal
year 2015-2016.
Attachment(s)
None
Page 3 of 3
REGEIVED
JAN 0 5 2016
CITY CLERKSOIIICE
STAFF REPORT
CITY CLERK DEPARTMENT
RECEIVED
DEC 3 0 2015
CITY ADMINISTRATION
re
DATE:
TO:
FROM:
REr
January 19,?,/J16
Honorable Mayor and City Council
Maria E. Ayala, City C
Presentation on Vernon's Various Governing Bodies
Recommendation
A. Receive informational presentation on the City's various goveming bodies.
Backqround
The City Council had previously made a request for information on the City's various governing
bodies. An overview of each of the entities such as: when they were established; what the
original purpose was; and is there still a benefit in keeping these bodies active.
The presentation will provide a general overview of each of the active bodies. Council, upon
receiving more information, may determine that certain bodies are no longer active and may
direct staff to proceed with steps to dissolve.
Fiscal Impact
There is no fiscal impact
Attachment(s)
None.
Page I of 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, JANUARY 5, 2016, 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 9:00 a.m. by Mayor McCormick; Councilmember Woodruff-
Perez led the flag salute.
CHANGES TO THE AGENDA
City Clerk Maria E. Ayala announced that Item No. 15, the bid award for urban forest management
services, Contract No. CS-0607, is removed from 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 and recommendations
on the City Administrator and Human Resources Director recruitment process. Van de Kamp also
provided public comment on the performance evaluation process for the Executive Team.
Vernon Chamber of Commerce President Marisa Olguin echoed comments made by Van de Kamp
and provided comments concerning the renewal of a contract with Independent Reform Monitor
John Van de Kamp.
PRESENTATIONS
1. Los Angeles County Bicycle Coalition announcement on the Operation Firefly
program.
Kelly Martin, Development Director at the Los Angeles County Bicycle Coalition, reported on the
grant funding received from the City, the work being performed in the area, and intr oduced and
invited all to the Operation Firefly Event.
CONSENT CALENDAR
It was moved by Ybarra and seconded by Davis 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 Ad Art Co received on December 15, 2015 in the amount
of $17,222.
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.
Regular City Council Meeting Minutes
January 5, 2016
Page 2 of 6
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.
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 §
Regular City Council Meeting Minutes
January 5, 2016
Page 3 of 6
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.
Deputy City Administrator Kristen Enomoto reported on the item.
Independent Reform Monitor John Van de Kamp provided public comment, suggesting a renewal
of the agreement under the same terms and scope of work with a possible change to the title.
Marissa Olguin, President of the Vernon Chamber of Commerce, provided public comment in
support of the renewal and maintaining the independent role.
It was moved by Davis and seconded by Ybarra to approve the proposed one-year professional
services agreement with John Van Kamp to serve as special advisor to the City. Motion carried,
5-0.
Staff was directed to negotiate a one-year service agreement with the same current scope of service
with a possible title change. Final proposed agreement will be presented to City Council for
consideration at a subsequent meeting.
Public Works, Water and Development Service Department
15. REMOVED - 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
B. Accept the bid from Trimming Land Company, 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
Regular City Council Meeting Minutes
January 5, 2016
Page 4 of 6
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).
Mayor McCormick announced the proposed ordinance by title.
Public Works and Water Superintendent Scott Rigg and Director of Gas and Electric Carlos
Fandino both confirmed that there was nothing further to report.
It was moved by Ybarra and seconded by Martinez to adopt Ordinance No. 1235.
City Clerk Maria E. Ayala conducted a roll call vote:
- Mayor McCormick, yes
- Mayor Pro-Tem Davis, yes
- Councilmember Martinez, yes
- Councilmember Ybarra, yes
- Councilmember Woodruff-Perez, yes
Motion carried, 5-0.
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:
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 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
Regular City Council Meeting Minutes
January 5, 2016
Page 5 of 6
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.
Mayor McCormick announced the proposed ordinance by title.
Public Works and Water Superintendent Scott Rigg confirmed that there was nothing further to
report.
It was moved by Ybarra and seconded by Martinez to adopt Ordinance No. 1234.
City Clerk Maria E. Ayala conducted a roll call vote:
- Mayor McCormick, yes
- Mayor Pro-Tem Davis, yes
- Councilmember Martinez, yes
- Councilmember Ybarra, yes
- Councilmember Woodruff-Perez, yes
Motion carried, 5-0.
ORAL REPORTS
19. City Administrator Reports – brief reports on activities and other brief announcements
by the City Administrator and Department Heads.
(Addressed out of order)
Police Chief Daniel Calleros reported on recent incidents including the following: strong arm
robbery, attempted robbery, and upcoming active shooter training exercise at City Hall. Calleros
also announced the suspension of contract tow services with HP Tow pending the outcome of a
federal criminal investigation that is being conducted.
Police Captain Michael Gillman reported that there have been no acts of vandalism since the last
Council meeting.
Fire Chief Michael Wilson reported on the receipt of a Certificate of Commendation for
participation in the “Life After Uncivil Ruthless Acts” event. Announced the hiring of three new
firefighters. Wilson reported on response to one vehicle incident.
In response to Councilmember Woodruff-Perez’ comment to provide Public Information Officer
Fred MacFarlane information on the upcoming active shooter training exercise as she has not heard
of other agencies doing the same, Chief Wilson and Chief Calleros provided information on local
agencies’ activity.
Director of Gas and Electric Carlos Fandino reported on one recent outage.
Director of Finance William reported on the completion and filing of the City’s annual audit report.
Presentation of the same is scheduled for the next Council meeting. Fox also provided an update
on business license renewals.
Director of Health and Environmental Control Leonard Grossberg reported on the Green Vernon
Commission meeting held in December. Grossberg announced the hiring of one new
Environmental Specialist.
Interim Director of Human Resources Lisette Grizzelle advised that the department is working on
health and benefit changes as well as various recruitments.
Economic Development Manager Alex Kung reported on upcoming Successor Agency and
Oversight Board meetings to address the Recognized Obligation Payment Schedules (ROPS).
Kung reported on the potential parks needs assessment for the City.
Regular City Council Meeting Minutes
January 5, 2016
Page 6 of 6
City Clerk Maria E. Ayala announced that nomination period for the upcoming election will close
on January 19, 2016 at 5:30 p.m.
Deputy City Administrator Kristen Enomoto advised that John Van de Kamp’s service agreement
will be forthcoming by the end of month. Enomoto provided an update on the Human Resources
Director recruitment, the sale of the Huntington Park units, and upcoming Independent Cities
Association Seminar.
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.
(Addressed out of order)
Senior Advisor to the City Administrator Fred MacFarlane provided the update.
Council directed MacFarlane to gather feedback from the business community on the proposed
logo options and provide rough projections for potential costs.
20. City Council Reports – brief report on activities, announcements, or directives to staff.
Chief Wilson reminded Council to bring in their issued brush gear for reissuance, and reminded
all of the tour to the Verdugo Dispatch Center
In response to Councilmember Ybarra, Chief Calleros further reported the recent armed robbery
incidents within the city.
With no further business, at 10:06 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, JANUARY 5, 2016, 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 1:02 p.m. by Mayor McCormick.
CHANGES TO THE AGENDA
Deputy City Clerk Ana Barcia announced that an addendum to the agenda for the following was
posted in compliance with the Brown Act:
PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1)
Title: Public Works, Water and Development Services Director
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 public comment was provided.
CLOSED SESSION
At 1:04 p.m., the City Council entered into closed session to discuss the following agendized items:
1. PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1)
Title: Interim City Administrator
2. PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1)
Title: Public Works, Water and Development Services Director
At 5:01 p.m., the City Council exited closed session. Interim Human Resources Director Lisette
Grizzelle announced that there was no reportable action.
With no further business, at 5:01 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 THURSDAY, JANUARY 7, 2016, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT
4305 SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Davis, Martinez, Ybarra, and Woodruff-Perez
MEMBERS ABSENT: McCormick
The meeting was called to order at 2:00 p.m. by Mayor Pro-Tem Davis.
CHANGES TO THE AGENDA
City Clerk Maria E. Ayala announced that there were no changes to the agenda. However, she
requested that Council wait for her return once they have convened from closed session before
commencing the open session proceedings. The Council was in agreement.
PUBLIC COMMENT
Mayor Pro-Tem Davis 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
At 2:01 p.m., the City Council entered into closed session to discuss the following agendized items:
1. PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1)
Title: Interim City Administrator
2. PUBLIC EMPLOYEE APPOINTMENT
Government Code Section 54957(b)(1)
Title: Interim City Administrator
At 2:28 p.m., the City Council exited closed session. City Attorney Hema Patel announced that
A.J. Wilson was appointed as Interim City Administrator and is scheduled to start on Monday,
January 11, 2016.
With no further business, at 2:29 p.m., Mayor Pro-Tem Davis adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk
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Checks
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Payroll taxes
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Franchise Tax Board
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Vemon Police Officers' Benefit Association
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Franchise Tax Board
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Vernon Firemen's Association
Vernon Police Officers' Benefit Association
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iAN 13 20t6
CITY ADMINISTRATION
REGEIVED
JAN I S 2016
CITY CLERt{'S OFFICE FIRE DEPARTMENT
Mchael A. Wilson, Fire Chief
4305 Santa Fe Avenue, Vemo& Califomia 90058
Telephone (323) 5838811 Fax (323) 8zGt4f7
January 13,2016
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 16,2015 through December 31, 2015.
: Fireletnow
lE4c tusiv e ty I n^[ru t ria f
VERNON FIRE DEPARTMENT
COMPANYACTTWTIES
December 16,2015 to December 31, 2015
This Period Last Year
Last Year To Date
ACTIVITYTYPE
FIRE PREVENTION:
Regular lnspections (#) :
Re-Inspections (#):
Spec. Haz. lnspections (#):
Total hspections:
Total Man Hours:
TRAINING (HOURS):
Firefrghting
Hazardous Materials
Safety
Apparatus Operations
Equipment Operations
CPR
First Aid
Total Hours:
PRE-INCIDENT fiOURS):
Planning
District Farniliarization
Total Hours:
PERIODIC TEST (HOURS):
Hose Testing
Pump Testing
25
0
3
28
55
537
1276
285
47
1608
1980
1480
439
43
r962
2593
2271
754
3166
30s3
3130
30
5ll
12915
73
33
12t
t23
121
0
32
92
20
132
130
136
0
)1
62
79
141
2166
750
2936
2933
2927
66
692
12470
This
Period
3
19
0
22
26
0
2
This Year
To Date
r82
89
93
34
0
1905
2003
3908
66
16
82
2096
2018
4tt4
102
32
13434Total Hours:
Page I
503
School Programs
Fire Brigades
Emergency Preparedness
Total Hours:
ROUTINE MAINTENANCE (HOURS):
Station
Apparatus
Equipment
Total Hours:
Grand Total Hours:
: F ireactivity
J
0
4
7
6
0
2
8
125
123
126
374
1054
130
132
138
400
t2t5
3l
6
276
313
2836
2940
2955
8731
27484
58
25
272
355
3008
3034
3l 19
9161
29272
Page 2
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lncident Date
1211612015 07:08:04
1211612015 09:56:32
1211612015 11:59:25
1211612015 16:59.50
1211712015 08:30.41
1Z17l2O'15 09.23:57
1211712015 10:21:59
1211712015 10:28:22
1211812015 07'.59:24
12/1812015 14:52.56
1211812015 14:55.10
1211812015 21:48:53
1211912015 09.23:55
1211912015 14:05:46
12h912015 21:16:26
1212012015 14:04:19
1212012015 18:11:51
1212112015 13:08:53
1212112015 15:02:52
1212112015 18:50.04
1212212015 04:24.11
1212212015 06:13:40
1212212015 10:18:49
1212312015 13:41:59
1212312015 15:26:14
1212312015 18:38:30
12123t2015 19.34:12
1212412015 09.56:56
1212412015 11:22:03
1212412015 11:36:50
1212412015 11:53:10
1212412015 12:25:37
1212512015 15:35:03
1212512015 22:14:49
1212612015 11:20:49
1212612015 13:48:38
1212612015 18:10.14
1212612015 21:55:18
1212712015 13:08:45
1212812015 07:54:20
1212812015 09:28:19
1212812015 11:29:53
122812015 15:05:28
122812015 22:37:15
PREVENTION FOLLOW.UP?
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
shiftlncident TyPe
7OO False alarm or false call, other
321 EMS call, excluding vehicle accident with inju
6'1 1 Dispatched & canceled en route
322 Motor vehicle accident with injuries
31'l Medical assist, assist EMS crew
741 Sprinkler activation, no fire - unintentional
700 False alarm or false call, other
321 EMS call, excluding vehicle accident with inju
324 Motor vehicle accident with no injuries
321 EMS call, excluding vehicle accident with iniu
571 Cover assignment, standby, moveup
324 Motor vehicle accident with no injuries
324 Motor vehicle accident with no injuries
321 EMS call, excluding vehicle accident with inju
322 Motor vehicle accident with inluries
322 Motor vehicle accident with iniuries
321 EMS call, excluding vehicle accident with inju
550 Public service assistance, other
322 Motor vehicle accident with injuries
700 False alarm or false call, other
322 Motor vehicle accident with injuries
324 Motor vehicle accident with no injuries
321 EMS call, excluding vehicle accident with inju
611 Dispatched & canceled en route
7 45 Alatm system activation,no fi re,unintentional
520 Water problem, other
321 EMS call, excluding vehicle accident with inju
321 EMS call, excluding vehicle accident with inju
321 EMS call, excluding vehicle accident with inju
7 45 Alam, system activatlon,no fire,unintentional
7 45 Alarm system activation,no fire,unintentional
741 Sprinkler activation, no fire - unintentional
324 Motor vehicle accident with no iniuries
324 Motor vehicle accident with no injuries
571 Cover assignment, standby, moveup
324 Motor vehicle accident with no injuries
700 False alarm or false call, other
700 False alarm or false call, other
611 Dispatched & canceled en route
321 EMS call, excluding vehicle accident with inju
311 Medical assist, assist EMS crew
743 Smoke detector activation, no fire - unintenti
311 Medical assist, assist EMS crew
321 EMS call, excluding vehicle accident with inju
700 False alarm or false call, other
611 Dispatched & canceled en route
322 Motor vehicle accident with injuries
321 EMS call, excluding vehicle accident with inju
322 Motor vehicle accident with injuries
321 EMS call, excluding vehicle accident with inju
324 Motor vehicle accident with no injuries
322 Motor vehicle accident with injuries
322 Motor vehicle accident with injuries
731 Sprinkler activation due to malfunction
12n912015 01:19:35
122912015 12:55:09
1212912015 13:46:52
1212912015 15:03:11
1212912015 18:34:45
1213012015 16:12:30
12130D015 18:40:36
1213112015 11:10:55
1213112015 16'.34:28
1213112015 18:24:03
No
No
No
No
No
No
No
No
No
No
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REG q\/ED
JAN 0 5 2016
CITY CLERt('5 (]FFICE
RECEIVED
JAN 0 { 2016
CITY ADMINISTRATION
rL
POLICE DEPARTMENT
Daniel Calleros, Chief of Police
4305 Santa Fe Avenue, Vemoq Califomia 90058
Telephone (323) 587-5771 Fax (323) 82G1481
January 4,2015
Honorable City Council
City of Vernon
Vernon, California
Ilonorable Members:
Attached are copies of the Vemon Police Departrnent Activity Log and Statistical
Summary of Arrest and Activities which cover the period from 12:01 a.m.,
December 16, 2015 up to and including mid"ight of December 31, 2015.
Respectfu lly submitted,
YERNON POLICE DEPARTMENT
0 r,,*e C/e"*-
DAI\IEL CALLEROS
CHIEF OF POLICE
DClar
E{gtusbdy Infiutriaf
VERNON POLICE DEPARTMENT
D epartment Activity Rep o rt
Jurisdiction: vERNoN
FiIJ,t Dale: 12J16t201s
Lasl Date: 12!31t2o1s
Depa ment Complaint
Type Description
All Units P mary Unit
VPD
105
10-96H
10-96M
20002
20002R
207
415
422
422R
459A
459S
45gVR
4U
484R
487R
503R
586
594R
602
647F
901
9017
9O1TR
9027
9O2TR
9097
911
9114
A211
4484R
AGTAR
ASTVFD
BOSIG
BOVEH
CITCK
CIVIL
coP
DET
DETAIL
DPTAST
DUI
DUI CKPT
DUITRAFFIC
FILING
FOUND
FU
GTAR
oFFtcER rs 10$ c7,961 .962,10-10, WASH. EQUIPI
PICK UP THE JAIL PAPER WORK FROM HP JAIL
1G96 MARY ffiAIL DETAIL)
NON]NJURY HIT AND RUN
NON.INJURY HIT ANO RUN REPORT
KIDNAPPING
DISTURBING THE PEACE
TERRORIST THREATS
TERRORIST THREATS REPORT
AUDIBLE BURGLARY ATARM
SILENT BURGLARY ATARM
BURGLARY TO A VEHICLE REPORT
PETTY THEFT
PETTY THEFT REPORT
GMND THEFT REPORT
EMBEZZLEMENT REPORT
PARKING PROBLEM
VANDALISM REPORT
TRESPASS
DRUNK IN PUBLIC
UNKNOWN INJURY TMFFIC COLLISION
INJURY TRAFFIC COLLISION
INJURY TRAFFIC COLLISION REPORT
NON-INJURY TRAFFIC COLLISION
NON]NJURY TMFFIC COLLISION REPORT
TRAFFIC HAZARD
911 MISUSE / HANGUP
CONTACT THE REPORTING PARTY
SUSPICIOUS CIRCUMSTANCES
ATTEMPT ROBBERY
ATTEMPT PETTY THEFT REPORT
ATTEMPT GMND THEFT AUTO REPORT
ASSIST VERNON FIRE DEPARTMENT
BROKEN SIGNAL OR LIGHT
BROKEN DOWN VEHICLE
CITATION CHECK
CIVIL MATTER
COP DETAIL
DETECTIVE INVESTIGATION
OETAIL
DEPARTMENTAL ASSIST
DRIVING UNDER THE INFLUENCE
DUI CHECK POINT
DUI CHECK POINT TMFFIC
OFFICER IS 106 REPORT WRITING
FOUND PROPERTY REPORT
FOLLOW UP
GRANO THEFT AUTO REPORT
103
1
10
8
4
12
2
2
158
2
b
J
7
4
2
27
5
5
4
11
28
82
1
4
7
14
24
4
1
1
18
4
1a
o
2
2
25
2
o
1
25
52
r,
10
13
99
I
,'
5
'1
I
5
I
I
82
I
3
I
3
3
I
20
J
2
I
J
8
I
40
I
2
4
9
ll
I
t
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l3
3
9
6
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2
l3
5
1
3
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t6
49
4
9
9
01/01/2016 00:21:38 Page of
VERNON POLICE DEPARTMENT
D ep artment Activity Rep ort
Jurisdiction: vERNoN
First Dale: flri6t2o1s
Last Dale: 1zn1no1s
Depa ment Complaint
Type Descriplion
All Units Primary Unit
\?D
HBC HAILED BY A CITIZEN
ILLDPG RPT ILLEGAL DUMPING REPORT
KTP KEEP THE PEACE
LOJACK LOJACK HIT
MISPLOCATE LOCATED MISSING PERSON REPORT
MR6O MISC REPORT
MUTUALAID MUTUAL AID
PANIC ALARM PANIC ALARM/DURESS ALARi'
PAPD PUBLIC ASSIST-POLICE
2
2
1
J
1
2
2
14
121
56
1
8
13
4
4
3
1
153
81
7
7
3
I
I
3
I
I
I
4
5
99
29
I
,1
5
2
4
I
I
ll3
60
7
2
PATCK
PEDCK
PTATE
PATROL CHECK
PEDESTRIAN CHECK
LOST OR STOLEN PTATES REPORT
PRSTRAN PRISONERTRANSPORTED
REC RECOVERED STOLEN VEHICLE
RECKLESS DF RECKLESS DRIVING (23103)
REPO REPOSSESSION
SPEED SPEED CONTEST OR SPEEOING (23109)
SUBPOENA SUBPOENASERVICE
TMFFIC STOI TRAFFIC STOP
VCK VEHICLE CHECK
VEH RELEASE VEHICLE RELEASE
WELCK WELFARE CHECK
Depa ment:1233 8r8
Overall:1233 819
I
01/01/2016 00:21:38 Poge oJ
VERNON POLICE DEPARTMENT
Police Activity Report
Period Ending: l2l3lll5
TRAFFIC COLLISIONS
TOTAL
NON-INJURY
INruRY
Pedestrian
Fatalities
City Property Damage
Hit & Run (Misdemeanor)
Hit & Run (Felony)
Persons Injured
VEHICLES STOREI)
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
ARl5-332 CRls-2192 10851(A) VC
ARls-336 CRt5-2205 108s1(A) VC
PROPERTY RECOVERED
VEHICLES: $2,800
PROPERTY RECOVERED FOR
OTHER DEPARTMENTS
VEHICLES: $2,000
NO.
),
15
7
4
1
22
13
I
7
103
l8
121
44
58
I
ARl5-337 CRl5-2206
AR15-338 CRl5-1816
AR15-339 CR15-2209
ARl5-341 CRt5-2217
ARl5-342 CRt5-2217
69 PC
11364 H&S
11364 H&S
459 PC
459 PC
AR15-343 CRl5-2219 664t211 PC
ARls-344 CR15-2220 14601.2(A) PC
AR15-348 CR15-2240 11364 H&S
AR15-349 CRt5-2245 11379 H&S
VERNON POLICE DEPARTMENT
REPORT FOR PERSONS ARRESTED
MALE FEMALE TOTAL
ASSAULT WrIH A DEADLY WEAPON
BURGLARY
DOMESIIC VIOLENCE
GRAND THEFT OVER $4OO
GMND THEFT AUTO 2 2
MURDER
POSS. CONTROLLED SUBSTANCE
ROBBERY 1 1
TMNSPORT/SELUNG CONT. SUB.1 1
VEHICLE BURGLARY 2 2
WARMNT (FOREIGN)1 1
WARMNT (BENCH)
TOTAL FETONY ARRESTS 7 0 7
ADULT MISDEMEANOR ARRESTS AND DTSPOSITIONS
MALE FEMALE TOTAL
APPROPRIATE LOST PROPERTY
DRIVING WfftI A SUSP. UCENSE 1 1
DRIVING UNDER THE INFLUENCE 3 3
DRUNK IN PUBLIC
FALSE DMV DOCUMENT
OBSTRUCT/RESIST OFFICER 1 1
POSS. CONTROLLED SUBSTANCE
POSS. CONT. SUB PAMPHERNAUA 3 3
RECKLESS DRIVING
TRESPASSING
WARMNTS (BENCHTTRFC)
WARMNTS (FOREIGN)4 4
rOTAt MISD. ARRESTS L2 0 t2
MALE FEMALE TOTAL
BURGTARY
PETry THEFT
VANDAUSM
VEHICLE THEFT
WARRANTS (BENCH)
TOTAL JUVENILES DET.0 0 o
TOTAL FELONY ARRESTS (ADULT) TO DATE:
TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE:
TOTAL JUVENILES DEIAINED (FELONY AND MISDEMEANOR) TO DATE:
TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR) TO DATE:
231
331
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REGEIVED
JAN 13 2016
CITY CLERli'S OFFICE
DATE:
TO:
FROM:
RE:
STAFF REPORT
CITY ADMINISTRATION
January 19,2016
Honorable Mayor and City Council
A.J. Wilson, Interim City Administrator
Originator: Kristen Enomoto, Deputy City Administrator
Housekeeping ltem Related to Appointment of the City Administrator as the
Municipal Employee Relations Representative
Recommendation
A. Find that approval of the proposed action is exempt from Califomia Environmental
Quality Act ('CEQA") review because it is a continuing administrative 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; and
B. Approve and adopt a resolution to appoint the City Administrator to serve as the
Municipal Employee Relations Representative.
Background
Section 2.8 of the Vemon Municipal Code requires the City Council to appoint the Municipal
Employee Relations Representative ('MERR') by resolution to serve in said capacity and be
responsible for the performance of all duties and obligations provided for in the City's
Employer-Employee Relations Resolution (Resolution No. 4027).
On February 20,2007 , the City Council adopted Resolution No. 9248 appointing the Acting City
Administrator as the MERR (Attachment 1).
In preparation for upcoming labor negotiations, it is recommended that the City Council take this
opportunity to do a little housekeeping and repeal Resolution No. 9248 and adopt a new
resolution appointing the City Administrator (including, in the absence of a permanent City
Administrator, the appointed Interim or Acting City Administrator) to serve as the MERR
(Attachment 2).
Attachment(s)
l Resolution No. 9248
2. Resolution Appointing City Administrator as Municipal Employee Relations Representative
Page 1 of I
Attachment 1
Resolution No. 9248
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RESOT.UTTON NO. 9248
A RESOLUTION OF THE CITY COUNCIL OE THE CITY OF
VERNON APPOINTING THE ACTING CITY ADMINISTMTOR AS
THE MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE
hIHEREAS, on July 79, 2006, the City Counci] adopted Ordinar
No. 1-L21 which amended section 2.a of the vernon city code to providr
for the appointment of a Municipal Emp.royees Re-Iations Representativ(
(MERR) by resoLution; and
WHEREAS, on January 19, L9'll, the City Council of the City
Vernon adopted Resolution No. 402? refating to employe r-employee
relations within the Ci.ty of Vernon; and
WHEREAS, Section 2.8 of the Vernon City Code also provides
that the MERR shall serve in said capacity and shafl be responsible :
the performance of alL duties and obligations provided for in
Resol-ution No. 4027 and in accordance with City Council- policy and
direction and be responsible for aII of the ]abor relations for the
City; and
WHEREAS, the Cit.y Council of the Clty of Vernon desires to
appoint the Acting Cj.ty Administrator to serve as the MERR and to
ratify all, actions taken by the Acting City Administrator prior to tl
adoption of this resolution relating to labor relations fo! the City
NOW, THEREEORE, BE ]T RESOLVED BY THE CITY COUNC]L OF THE
CITY OE VERNON AS FOLLOWS:
SECTION l-: The City Council of the City of Vernon hereby
the recitafs contained hereinabove are tru(finds and determines that
and correct.
SECTION 2: The City Council of the Cj.ty of Vernon hereby
appoints the Acting City Administrator to serve as the CiEy,s
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Municipal Employee Rel-ations Representative with the authority to
assume the duties and discharge the obligations of said position in
accordance with Resolution No. 4027 effecti.ve February 20, 2007, unti
such time as the city councir approves his removal or appoints anothe
person to said position.
SECTION 3: The Cj-ty Council of the Ci.ty of Vernon hereby
approves and ratifies aLL actions taken by the Acting City
Administrator regarding emp I oyee-employer relations prior to the
adoption of this resolution.
SECTION 4: The Acting City Clerk of t.he City of Vernon
shal,L certify to the passage of this resolutj-on, and thereupon and
thereafter the same shalL be in ful] force and effect.
APPROVED AND ADOPTED this 2orh day of Eebruary, 2007.
, Mayor Pro-TeLARIO GONZAL
MANUELA GIRON,cting City Clerk
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STATE OF CAL]EORNIA
COUNTY OF LOS ANGELES
I, MANUELA GIRON, Acting City Clerk of rhe City of Vernon, do
hereby certify that the foregoing Resolution, being Resolutj.on No.
9248,was duly adopted by the City Council of the City of Vernon at a
regular meetj.ng of the Cj-ty Council dufy held on Tuesday, February 20
2007, and thereafter
of Vernon.
was duLy signed by the Mayor Pro-Tem of the City
(SEAL)
-3-
SS
, Acting City C1e rMAN U ELA
Attachment 2
Resolution Appointing City Administrator as
Municipal Employee Relations Representative
RESOLUTION NO.
A RESOLUTION OF THE CITY COIJNCfL OF THE CITY OFVERNON APPOINTING THE CTTY ADMINISTRATOR AS THEMTJNICIPAI EMPLOYEE REI,ATIONS REPRESENTATIVE AND
REPEAITNG ALL RESOLTITfONS IN CONFLICT THEREWTTH
WHEREAS. on January L9, L971_, the City Council of t.he City of
Vernon adopted Resolution No. 4027 relaEing to employer_ employee
relations within the City of Vernon; and
WHEREAS, Section 2.8 of the Vernon City Code also provides
that. a Municipal Employees RelaE.ions Representative sha11 serve in said
capacity and shal-I be responsibfe for the performance of all- duties and
obligat.ions provided for in Resorution No. 4027 and in accordance wit.h
city council policy and direct.ion and be responsibfe for arr of the
labor relations for the Cit.y; and
WHEREAS, on ,fufy L9, 20OG, the Cit.y Council adopt.ed Ordinance
No. 1121 which amended section 2.9 of the vernon city code to provide
for t.he appointment. of a Municipal Employees Relations Representative
("MERR" ) by resolut.ion; and
WHEREAS. on February 20, 2OO7, the City Council- of the City
of Vernon adopted Resolut.ion No. 9248 appointing the Acting Cit.y
Administrator as the MERR; and
WHEREAS. the Cit.y Council of the City of Vernon desires E.o
repeaf ResoLut.ion No. 9248 and appoint the city Administrat.or t.o serve
as the MERR.
NOW, THEREFORE,
CITY OF VERNON AS FOLLOWS:
SECTTON 1: The
BE IT RESOLVED BY THE CITY COUNCIL OF THE
City Council- of the City of Vernon hereby
E.he above recitals are true and correct.finds and determines t.hat
SECTION 2:The City Councif of the City of Vernon finds
that this action is exempt from carifornia Environment.ar euar-ity Act
("ceqa") review, because it. is a continui-ng administrat.ive activit.y
t.hat will not result in direct or indirect physicar changes in the
environment, and therefore does not. constitute a "project.,, as defined
by CEQA Guidel_ines sect.ion 15378.
SECTION 3: The City Council- of the City of Vernon hereby
appoints the City Administrator (incl-uding, in the absence of a
permanent City Administrat.or, the appointed hterim or Acting City
Administrator) to serve as the city's Municipal Empfoyee Rerations
Representat.ive with the aut.hority to assume the duties and discharge
the obligat.ions of said position in accordance with Resolution No. 4027
effective ,fanuary 19, 2O1-G, until such time as the City Council
approves his/her removal- or appoint.s another person t.o said position.
SECTION 4: Al-1 resolutions or part.s of resolut.ions,
specificafly ResoLution No. 9248, not consistent with or in conflict
with this resolution are hereby repealed.
2
SECTTON5 :The City Clerk of the City of Vernon shal-f
cert.ify to the passage, approval and adoption of this resol_ution. and
the city clerk of the cit.y of vernon sharl cause t.his resol-ut.ion and
t.he city clerk's certificat.ion t.o be entered in the Fire of Resorut.ions
of the Council of this City.
APPROVED AND ADOPTED t.his 19th day of lTanuary, 2016.
Name:
Title: l(ayor / Mayor pro-Tem
ATTEST:
City Clerk / Oeputy Ciry Clerk
Deputy City Attorney
3
STATE OF CALTFORNIA )
) ss
COUNTY OF LOS ANGELES )
T,, City Clerk / Deputy City Clerk of the Ciry
of Vernon, do hereby certify that the foregoing Resolution. being
Resofution No. . was duly passed. approved and adopted by the
Cit.y Council of the City of Vernon at a regular meeting of t.he City
council duly held on Tuesday, ,fanuary 19. 2or-G, and thereaf ter r^ras duly
signed by t.he Mayor or Mayor pro-Tem of the City of Vernon.
Execut.ed this _ day of January, 201,6, aL Vernon, Cafifornia.
City Clerk / Deputsy City C1erk
(sEAr)
4
R. GEIVED
JAN 13 2016
RECEIVED
JAN r I 20t6
CITY ADMINI
r;ii'rcLERKSoFFIr**o*:IllTrtP.T.orTJ,RrMENr
DATE:
TO:
FROM:
RE:
Januara 19,2016
Honorable Mayor and City Council fi''"'d
Carlos Fandino Jr., Director of Vernon Gas & Electric Department
Originator: Abraham Alemu, Electric Resources Planning & Development
Manager
Renewable Portfolio Standard Annual Status Report for Calendar Year 2015
Recommendation
A. Find that the Renewable Portfolio Standard Annual Status Report is exempt from
Califomia Environmental Quality Act (CEQA) review because, as a continuing
administrative activity, such is not a ''project" as defined in cEeA Guidelines Section
15378. And even if such activity were a "project," it would be exempt from CEeA
review in accordance with CEQA Guidelines Section 15307 and 15308 because the RPS
activity managed by Vernon Gas & Electric is aligned with regulatory provisions to
maintain, restore, or enhance the environment; and
B. Acknowledge and frle the annual Renewable Portfolio Standard (RpS) Report for
calendar Year 2015 as presented by the vemon Gas & Electric Department. This report
is for informational purposes only. There is no fiscal impact.
Background
vemon Gas & Electric (vG&E) is responsible for implementing and enforcing a renewable
portfolio standard for the utility that recognizes the intent of the Legislature to encourage
utilization of renewable resources, while taking into consideration the effect of the standard on
rates, reliability, and financial resources and the goal of environmental improvement.
Per{ormance Summary
Vemon procured RPS resources equal to 17.4o/o of retail sales (including excess procurement
carryover from 2014) to meet compliance obligations for Calendar Year 2015. The compliance
requirement for calendar Year 2015 is 20Y:o of retail sales. The primary resources were
Vemon's long-term biomethane contracts. Additional short-term contracls ofCategory I eligible
renewable resources were purchased to cover a portion of the compliance obligations for
Page 1of 8
Calendar Year 2015. The City did not realize the specified RPS target for Calendar year 2015.
However, vemon is making reasonable progress in attaining the goals of SB Xl 2. The City is
currently seeking out additional renewable energy contracts in Calendar Year 2016 to meet the
mandated twenty five percent RPS target in 2016, and fill the shortfall ofRpS target in 2015
with eligible renewable resources by December 31.,2016. Staff fully expects that it-will secure
sufficient resources to meet its Compliance Period 2 procurement quantity targets. As specified
in the RPS Program and cEC Regulations, the city is not required io p.oir." i specific quantity
of MS-eligible resources in any individual year during this Compliance Period 2, but the total
renewable procurement for the three year period that is equal or greater than the sum of the
following equation: (20 percent of 2014 retail sales) + (20 perceni of 2015 retail sales) + (25
percent of 2016 retail sales).
Vernon's RPS Procuremenl Stotus for Calendar Year 2015
Pursuant to Vemon's RPS Procurement Plan and Enforcement Program, action has been taken to
acquire renewable energy during Calendar Year 2015. The following is a brief description of
renewable resources used to meet compliance requirements.
Biomethane
Consistent with the RPS eligibility criteria, the City identified use of biomethane fuel at the MGS
plant as a portfolio Content category GCC) 1 resource. Element Markets and clean Energy
have both secured a contract to deliver biomethane fuel to Vemon. The initial contract vear for
Element Markets was March 2,2012. Under existing Transaction confirmation Numbers I & 2,
the city receives from Element Markets approximately 2,500 MMBtu/day of biomethane and./or
biomethane equivalent renewable energy. Element Markets has a lO-year contract to assist the
City in meeting Califomia Renewable Portfolio Standard.
The city also receives from clean Energy approximately 1,875 MMBtu/day of biomethane
under existing Transaction confirmation Number 1. clean Energy is obtigated to deliver a
minimum quantity of biomethane over the course of a contract year lexiluding from the
calculation any days on which Force Majeure affected seller's performance) equivaGnt to 7 5%o
ofthe contract quantity. The initial contract year was August l, 2013 through July 31, 2014, and
future contract years start July lst of each year. clean Energy has also entered into a 10-year
contract with the City to deliver biomethane fuel. Clean Energy was also not able to deliver full
contract amounts by December 2015. The following table illustrates biomethane deliveries by
the suppliers for Calendar Ye ar 2015.
Table l: Biomethane /Biomethane Deliveries for Calendar Year 201 5
Include the biomethane equivalent replacement power from Element Markets in the above table.
Page 2 of 8
Contract
Volume
Difference
MMBtu
Yo
Bucket I RECs
The City procured 10,000 MWs of short-term renewable resources to make up for the
biomethane delivery shortfail. These renewable resources were classified as Bucket I RECs
(energy bundled with environmental green attributes) consistent with SB Xl 2 requirements
The following table provides an overall assessment of VG&E renewable resources and RPS
requirements during Calendar Year 2015.
Table 2: RPS Status in 201 5
Not IIE Exc6s of RPS Fareftra q b. camd@rro ffil6!u€ cmrpl"fte.equemtu
" Relar b.d 6 cahuht€d as WnoEe b bad kss rlE sm of d6inbds h6rs ard Mr4al 6e €rcrgti
Summary of Procurement Plan to meet RPS Requirements in the Future
The city of vemon intends to meet all future procurement targets, baning any events and
occulrences that are beyond the City's control. A combination of the RPS mandate for publicly
owned utilities (PoUs) and some expiring power contracts in the next seven years, has made
Vemon more aware of the need to include more renewables in its portfolio. Vemon will seek to
develop a diverse RPS portfolio, with a combination of landfill gas, solar pV, and other
renewable resources, based on the forecasted need for additional energy resources, as well as the
economics and timing of any particular projects.
In order to meet the RPS mandates. Vemon plans to preserve its existing renewable resources!
carry forward excess procurement from one compliance period to the next, and look for timely
and economic opportunities to diversify and expand its RPS portfolio, while protecting vemon's
customers from excessive rate increases that could jeopardize economic growth and viability
within the City.
In accordance with state regulations, a minimum of 50%o-7 5o/o of RPS procurement used for
compliance must meet the established requirements for Bucket I , which for most practical
purposes means use of bundled energy from Califomia sited renewable power plants. Existing
Bucket 1 resources are in limited suppty, and it typically takes from three to five years to
construct a new utility-scale renewable generation project. vemon works with Southem
(It\r}f,q r.r FCCI )
Y.r C.rry Ov.r (D u.l.t 1)
F.brurr! lrrEh April lrrr Jnne Jnl! augutt Seplemb€r O.(ober \or€mh.r Drftmb.r
90-Or7 81.69:1 91J09 90-07,{ 9l-it56 94-l5l 97,008 9923 J54 97,1. 86.268 3a.l
50.28r ?3059 78.081 .u:9j 76259 6A.111 6r.050 71.m5
6.701 t0.408 l0.1ll 5_906 t0.t68 8.616 3.{O? 9.@l
ll7: 1623 t6225
r8_llr
28.,107 22.0t6 16.616 5.q)6 t0.168 8.616 8 itOT 9.t l
2.075
771
r1,157
Page 3 of 8
( rlendrr lcar 2015
RPS ( omDlien(e Sratus Renon
991,
2.00(
|9-l)
tPS r,Acl
24.0.n
a5 vA
t5 a4
t.t07,to
20e,
22t.42
9138:
6q681
t6Jl
t9LA9.
Be/
Califomia Public Power Authority (SCPPA) to gain greater access to a broader pool of
renewable resources, through a competitive renewable procurement bidding process, which
would otherwise be difficult to leverage as a result of VG&E's size.
The City has acquired multi-year contracts for solar and landfill gas power generation to satisflz
the new RPS requirements as required by the State of Califomia and SB Xl 2. If these
renewable resources that are expected to come on-line in 2017 are added into the supply
portfolio over the next three years, the proportion supplied by bundled renewable energy will
increase during the planning period and displace purchase of unbundled RECs, and enable the
City to attain an RPS of 33% by 2020, as required by SB X1 2. Additional bundled renewable
energy sources (potential renewables) as of yet unplanned, will contribute towards meeting
Vemon's long term goal ofreaching an RPS of 50% by 2030 as required by the new legislation
authored by Califomia Senate President pro Tempore Kevin de Le6n. SB 350.
The following is a brief description of future renewable contracts entered in 2015 and potential
new renewable projects:
Astoria Phase II Solar Project
Astoria II LLC has entered into a long-term power purchase agreement with SCPPA to
build a Solar Photovoltaic facility that has a net capacity of approximately 175 megawatts
of electricity. This contractual arrangement is basically considered firm generation,
which is jointly owned with other municipal partners. By leveraging this asset with our
municipal partners, the City achieves the critical mass needed to build a large project/or
contract. This strategy practice reduces construction. financing, and operation costs and
lets us achieve economies ofscale and obtain the most favorable financing rates.
The project located in Kem County will be available for commercial operation by
December 31, 2016 with SCPPA taking control of 75 MW power produced. The City of
Vemon, in conjunction with other 5 municipal utilities from SCPPA, is participating in
the PPA to purchase the facility energy for 20 years. The City Council has approved a
power purchase agreement (through SCPPA) with Astoria for its renewable energy that
will entitle Vemon ro 20 MW of capacity for the period of January 2017 to December
2021, and 30 MW for the remainder contract period ofJanuary 2022 to December 2036.
Puente Hills Gas to Energt Project
Puente Hills landfill gas station was constructed by Los Angeles County Sanitation
District in the 1980s; this facility is located in Southeastem Los Angeles County, near
Vemon service area. It has been in full commercial operation since January 1987 and has
remained on-line 95 percent of the time. The facility produces approximately 46 MW
capacity.
The Puente Hills Gas-to-Energy facility is a conventional Rankine cycle Steam power
Plant using landfill gas (LFG) as fuel to generate electricity. LFG is fired in the plant,s
boilers producing superheated steam. The superheated steam is used to drive the steam
turbine/generator to generate electric power.
Page 4 of 8
The City (through SCPPA. a utility group) has entered into a power purchase agreement
for 10 megawatts of renewable power from the Puente Hills Landfill Gas-to-Energy
Facility beginning January 1, 2017 and ending on December 31, 2030.
c sPoy,er Antelope DSR Solar Project
The Antelope DSR Solar Project developed by Sustainable power Group (spower) was
selected from many responses to SCPPA's Request for proposals in 2014. Along with
other SCPPA members, Vemon staff conducted in-depth reviews of the many projects
submitted through the SCPPA RFP process and concluded that the Antelope DSR Project
has many superior characteristics and an attractive pricing structure when compared to
other renewable projects considered. The final project price ($53.75iMWh) was the
lowest for a technology offering on-peak energy profiles. Energy from the project will
qualiff as Portfolio Content Category I -- the SB X1 2 mandated and most
valuable/desirable class of renewable energy. The Antelope DSR project will be sited in
the City of Lancaster, Los Angeles County. The project is planned to be operational by
December 31, 2016. Vemon will have a 20 MW entitlement and associated
environmental attributes for a twenty-year term purchase.
The project will be interconnected via a "gen-tie" line to sPower's collector substation
which in tum will interconnect with the ISO point of Delivery (POD) at the nearby SCE
Antelope 220 kV substation. It will have a common on-site 34.5kV/220 kV substation
serving as the point of interconnection to the common collector gen-tie. spower has
obtained a site control at the location via leases with purchase option. The project has
been studied and approved by the ISO for full energy deliverability a prerequisite for
resource adequacy capacity qualification.
In addition, the contracting cities (Riverside, Vemon, Colton and Azusa) negotiated an
energy storage option in the PPA which provides for potential design, built and operation
of an energy storage facility (when economically feasible) in conjunction with the
subscribed solar project. Under State Assembly Bill 2514, all Califomia publicly owned
utilities are to review economic feasibility of incorporating storage devices in their
electric systems.
Citv of Vernon Reney'able Portfolio Standards
on April 12,2oll,Govemor Edmund G. Brown, Jr. signed into law the califomia Renewable
Energy Resources Act, Senate Bill 2 ofthe First Extraordinary Session C'sB x1 2") requiring all
load serving entities in califomia to achieve a 33%o Renewable portfolio standard ("Rps") by
2020. Additionally, SB X1 2 required each publicly owned utility such as the City of Vemon
("Vemon") to develop a procurement plan and to adopt an enforcement program (by 1/l/2012).
The legislation became law effective January 1,2012. lt was again amended effective January l,
20t3.
sB 1078
ln 2002, Senate Bill 1078 (''sB 1078") implemented a RPS with a goal of providing 20 percent
of the energy sold to retail customers be generated using eligibte renewable resources by 2017 .
Pursuant to SB 1078, the city council adopted Resolution 8511 on August 4, 2004, which
Page 5 ofS
established for vemon a goal of serving 20 percent of Vemon's load with "eligible" renewable
energy resources by 2017.
Under SB 1078, the goveming board ofa local publicly owned electric utility is responsible for
implementing and enforcing a renewable portfolio standard for the utility that recognizes the
intent of the Legislature to encouage utilization of renewable resources, while taking into
consideration the effect of the standard on rates, reliability. and financial resources and the goal
of environmental improvement.
The legislation requires that the RPS include a determination of what resources qualified as
renewable, the percentage of total energy resources that would be renewable and a timetable for
meeting the goals. SB 1078 does not include a specific definition of renewable resources for
municipal utilities, but instead delegates this responsibility to the goveming board of each
municipal. SB 1078 establishes the CEC as the Certified agency for renewable resources and
requires the CEC to establish a tracking mechanism for renewable energy credits to insure that
renewable energy output is counted only once for RPS standards. sB 1078 was superseded by
the passage of SB X1 2 in 201 l.
SBXl 2
In the ongoing effort to codifij the 33 percent by 2020 goal, SB Xl 2 was signed by Govemor
Edmund G. Brown, Jr.. in April 2011. sB X1 2 revised the RPS Program to state the intent of
the Legislature to increase the amount of electricity generated from eligible renewable energy
resources per yezu. so that amount equals at least 33 percent of total retail sales of electricity in
Califomia per year by December 31.2020.
This bill makes the requirements of the RPS program applicable to local publicly owned electric
utilities, except that the utility's goveming board is responsible for implementing those
requirements. However. certain enforcement authority with respect to tocal publicly owned
electric utilities was given to the Energy Commission and State Air Resources Board. Further,
the bill required that the goveming board of each local publicly owned electric utility adopt an
enforcement program on or before January 1, 2012. The Gas & Electric Department formulated
a plan to address all legal provisions and this proposed program was adopted by council via
Resolution 2012-02 on January 3, 2012. thereby implementing Vemon's SB Xl 2 Compliance
Plan.
SB 350
on october 7,2015, Govemor Jerry Brown signed the nation's most far-reaching climate change
legislation by califomia Senate President pro Tempore Kevin de Le6n. SB 350. The legislature
calls for a new set of objectives to improve air quality and public health, reduce greenhouse gas
emissions and climate change, and expand clean energy policies. The objectives of the bill
consist of the following:
. Requires all electricity providers in the state to get at least 50 percent of their supply of
electricity from renewable energy resources like wind and solar by no later than 2030o Directs state agencies to double the energy savings in electricity and natural gas final end
uses of retail customers through energy efficiency and conservationo Takes an important step forward toward creating an Integrated westem System to
consolidate control over electric grid operations (right now more than 38 separate entities
Page 6 of 8
run smaller parts of the grid), paving the way for easier integration and continued gro*th
of renewable energy resources
The governing board of a local publicly owned electric utility shall adopt an integrated energy
resource plan and a process for updating the plan at least once every five yeals to ensure the
utility achieves all of the lollowing:
o Ensures procurement ofat least 50 percent eligible renewable energy resources by 2030
o A diversified procurement portfolio consisting of both short-term and long-term
electricity, electricity-related, and demand response products
o Meets the greenhouse gas emissions reduction targets established by the State Air
Resources Board, in coordination with the Public Utility Commission and the Energy
Commission, for each local publicly-owned electric utility that reflects the electricity
sector's role in achieving economy wide greenhouse gas emissions reductions of 40
percent from 1990 levels by 2030
Vernon's SB Xl 2 Complionce Plan
The existing SB X1 2 Compliance Plan represents Vemon's commitment to renewable energy
procurement consistent with the legislative intent of SB Xl 2 to ensure the development of a
procuement plan and the adoption of an enforcement program. Some of the major provisions
are as follows:
. Procurement Targets - SB Xl 2 calls for interim targets that must be attained. There are
three compliance periods ("CPs"). The first compliance period covers 2011 through
2013 ("CP1). The second period covers 2014 through 2016 ("CP2'). The third period
covers 2017 through 2020 C'CP3'). CP1 has a compliance target of 20Vo by December
31,2013. CP2's target is 25%oby the end ofCP2. CP3's target is 33 percent by the end
of CP3. After 2020, the procurement target is 50 percent. Consistent with the legislation,
Vernon will increase procurement of electricity from eligible renewable resources,
including renewable energy credits, to meet the target objectives. The following table
summarizes these requirements.
Table 3: RPS
201 1 Retail Sales: 20%
2012 Retail Sales: 20%
2013 Retail Sales: 20%
Conpliarre Period 1
(2011-2013)
2014 Retail Sales: 20%
2015 Retail Sales: 20%
2016 Retail Sales: 25.0%
Corrpliarrce Period 2
(2014-2016)
2017 Retail Sales: 27.0%
2018 Retail Sabs:29.0%
2019 Retail Sales: 31.0%
2020 Retail Sales: 33.0%
Conrpliarrce Period 3
(2017-2020)
Page 7 of8
Periods
Compliance Periods Mandated Renetable (7o of Retail Sales)
Portfolio Categories - SB Xl 2 establishes three categories of renewable energy
resources and sets minimum and maximum levels of each category of resource that can
be included in a utility's renewable portfolio for each compliance period. A series of
tests is applied to each renewable energy fesource, based on the physical characteristics
of the generation facility and on the contract terms under which the utility procures the
product(s). to determine in which category a resource is classified.
The first resource category is bundled renewable energy resources (i.e. energy and
environmental attributes) connected to or scheduled into a Califomia Balancing
Authority. Resources located outside of Califomia, and which are not directly scheduled
into a Califomia Balancing Authority, are not eligible to be categorized as renewable
resources in this category.
The second category is renewable energy resources that are firmed and shaped with
energy that is new to Califomia (i.e. not purchased from a source already within
California).
The third category is any product that fails to meet the conditions of categories 1 or 2,
including transactions for Renewable Energy Credits (discussed below) with no
electricity associated with them.
The statute mandates thal 50oh of the renewable energy used for compliance must
initially come from the first category (i.e. connected to or scheduled into a Califomia
balancing authority). The portion of energy which must come from this category
increases over time. The use of resources from the third category is initially capped at
25oh, with that cap decreasing over time. Resources from the second category may be
used to satisff the remainder of the renewables requirement. These mandates and their
changes are tied directly to the "compliance periods" described above. The portfolio
balance mandates are summarized in the following table.
Enforcement Program The legislation required the City Council to adopt an
enforcement program and, effective January 3,2012. pursuant to Resolution 2012-02,
City Council approved the implementation of Vemon's Compliance Plan.
Fiscal Imoact
This report is for informational purposes only. There is no fiscal impact.
Attachment(s)
None.
Table 4: RPS
2011-2013
2014-2016
Page 8 of 8
Durins Yean
Category I
Must Be At Least
Category 2
(has oo drect restriction)
Category 3
Cannot Exceed
50o/o 25%2s%
6s%20%15%
2017-2020+75%15%10%
REGEiVED
JAN 13 2016
ctTYCLERKS0FFI ,*on
RECEIVED
JAN I I 2016
CITY ADMINISTRATIO
STAFF REPORT
GAS & ELECTRIC DEPARTMENT
DATE:
TO:
FROM:
RE:
January 19,2016
Honorable Mayor and City Council
Carlos Fandino Jr., Director ofVerno
Originator: Ali Nour, Utilities Engine
Award of Bids and Purchase Contr
Industries) and Banes Associates (CG Power Systems USA, Inc.) for Pad-
mount Distribution Transformers for the Vernon Gas & Electric
Department (Bid Specification #TR3-201S-PM)
Recommendation
A. Find that proposed purchase of pad-mount 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(bX2). And even if such activity were a "project," it would
be exempt from CEQA review in accordance with CEQA Guidelines Section
15061(bX3), the general rule that CEQA only applies to projects that may have a
significant effect on the environment, because the agreement does not have an impact;
and
B. Accept that the following companies were the lowest responsive and responsible
bidders for bid specification #TR3-2015-PM, relating to the purchase of pad-mount
distribution transformers :
I . Young & Company (Howard Industries) for bid items l-3 and 9-12.
2. Banes Associates (CG Power Systems USA Inc.) for bid items 4-8 and 13-18; and
C. Award bids and authorize the Purchasing Department to issue purchase order conEacts
for a one (l) year term as follows:
1. Young & Company (Howard Industries) for bid items 1-3 and 9-12 for a grand
total amount, not to exceed, $152,089.
2. Banes Associates (CG Power Systems USA Inc.) for bid items 4-8 and l3-18 for
a grand total amount, not to exceed, $330,164; and
Page I of 3
D. Reject all other bids.
Backsround
Through the normal course of providing electrical service to its customers, Vemon Gas &
Electric (VG&E) requires distribution transformers to convert the Department's electrical
distribution high voltage electricity to voltages that can be used by our customers. The
Department needs to replenish its inventory oftransformers.
On October 8, 2015, in compliance with all legal requirements, the City published Specification
#TR3-2015-PM on the city web site and bid newspapers requesting bidders for the fumishing
and delivery of 18 qpes of pad-mount distribution transformers for the Gas & Electric
Department.
The City received bids from six companies which were opened on November 16, 2015. The six
companies bid on all 18 items with a couple of exceptions. One bidder did not bid on Item #17
and another bidder did not bid on Item #18. The bid package explained that a purchase conract
would be awarded to the ''lowest responsible and responsive bidder". The ''lowest" bid was
calculated pursuant to a specified formula that is intended to assess the overall cost of the
transformer over its expected lifespan. Stated differently, the lowest bidder would not
necessarily be the bidder with the lowest per unit price. For each of the bids staff is
recommending be awarded, the bidder had the lowest "total ownership cost", as required by the
bidding documents.
Recommended Bid Awards and Purchase Orders
Staff recommends the City Council declare that (a) Young & Company, representing Howard
Industries, is the lowest responsible and responsive bidder for items 1-3 and 9-12; and (b) Banes
Associates (CG Power Systems USA Inc.) is the lowest responsible and responsive bidder for
items 4-8 and 13- 18.
It is recommended that the City Council authorize purchase order contracts for the grand total
not to exceed amounts shown in the table below with Young & Company (Howard Industries)
and Banes Associates (CG Power Systems USA Inc.) based on a thorough evaluation process
and on the basis of being the lowest bidders complying with the specifications on each item
respectively. The purchase orders include sales taxes and fees for the entire one ( 1) year term.
Recommended Vendor Amount Bid Price Items Awarded
Young & Company (Howard
Industries)
$ l 52.089 Items 1 through 3 and 9
throueh 12
Banes Associates (CG Power
Systems USA, Inc.)
$3 30.164 Items 4 through 8 and 13
through I 8
Fiscal Imnact
The proposed purchases totaling $482.253 are within the Capital Budget for Vemon Gas &
Electric Department for fiscal year 2015-2016.
Page 2 of 3
Attachment(s)
1. Young & Company (Howard Industries) Proposal
2. Banes Associates (CG Power Systems USA, Inc.) Proposal
Page 3 of 3
y"q"tfr*rg
530 South Marengo Ave, pasadena, California 9.1 101-3130
PH 626-795-9955 . p41 626-683-3232
November 16,201s
City Clerk
4305 Sante Fe Avenue
Vernon,CA, 90058
Phone: (323) 583-BBt1
Attention: Ali Nour - Electrical Engineering Manager
Dear Ali Nour:
Howard Industries c/o Young & company is happy to submit a complete proposal for the supplyof padmount transformers to the city of vernon. we are submitting a silicon'cor- designproposal' we completed your forms as required, and we are submitting nameplate ind outlinedrawings, and attaching Howard,s proposals.
Please review our comprete proposal and please ret us know if there are any questions. prease
issue the Po to Howard Industries c/o young & company or simply Howard'Industries if we aresuccessful and we will process the pO.
Sincerely,
Hunter Coulston
Representative, Sales Engineer
Cell: 626-720-3460
SIGNATURE PAGE AND LE6AL STATUS
The undersigned certifies that he/she is an olficial legally authorized to bind his/her firm
and to enter into a contract should the City accept this bid.
Bid by Hovard Industries, Inc.
Legal status of bidder:
(Name of Firm)
Please check the appropriate box
X corporation/Llc State of lncorporation Mississippi
_ Partnership List Members (attach additional sheets if necessary)
OBA state full name DBA
Other Expla in
Signa Lure ol Bidder Title Sales Marager
Address P.0. Box 1588 City Laurel State MS zip 39441
Telephone No. (60r ) 425a151
Sisned thisla day of Nglqqber , zefii 2015
ADDENDUM NO
None
BIDDEN'S INITIALS
1,
2
3
28
UNIT PRICE BID FORM
CITY OF YERNON CAS & ELECTRIC
PADMOUNT TRANSIIORMER TOC}INICAL REQIITRIiI}IDNTS
'Ilxnsformer rrtiIgs uscd by the rity oICit] ofVcrnon
nnd eip€ctcd p rchnsilrg qutntities
Notc (l)r Ptice bid shnll i chlde nll fcdcral,statc, loctl nnd othcr taxes
BV-4333
Pagc I of I
tT[]]i PRIMARY
VOLTAGE
SOCO].IDARY
vol,TA(;I
RATINC
(KvA)
ctTY s'toct(
CODE
ernccted to bc
or(ler cd lry city
BID PIIR UNTT ORDERIiD
sEI NOTO (l)
1 7200/t2470Y t2aiNE 150 2064 3 $ 5,961 .00
1200/ 12470Y '271I'180 225 206 t 2 7,058.00
7200/ 12470v 271i480 .t00 zo62 J B ,001 .00
4 120011247Ay 277 /480 50c 206t 3 10,181.00
)./20012470Y 271/480 750 2065 l 13,184.00
12A01 124',t 0Y '27'/ /480 t000 2066 16 ,488 .00
1 7200i12410Y z77 t4EA t500 2061 2L ,445 .00
1200/t2470Y 271/480 2000 2 063 I 29 ,717 .00
,16140
I6340
r20/208 5(J x069 l 6 ,312 .00
t0 27 tt48A 150 20ilt J 5 ,9s8 .00
I t6340 27'7i480 22 2071 l 6 ,755.00
?.r61,10 27?/4U0 100 2072 J 7 ,961 .00
r6110 )77/484 500 1,0 74 10, 302 .00
t6140 277 /481)15C 2075 l 12 ,813 .00
16140
r6140
277t484 i000 1,0'/(t 2 1s,543.00
(27 t/480 r500 201',l 22,659 .00
l1 16340 27'7 !480 2000 201tt 2 27 ,555 .00
8 r6140 277 t480 2500 2019 t2 32,498.00
AFI'IDAVIT OF iYON-COLLIJSION BY CONTRACToR
STA'IE Ot; Mississippi /,SS
couNTYoF Joles I
Jeffrey Foxworth
an(l says that he/she is -- sales Manager - -
' being first dulY swotn deposes
(I'rc. solcOtW'', P.rrrcr', l,eldc r", SN ctar y". or olhcr prol(r I (1.)
et _ Horlgd Ind_usEries, Tnc.
(loscrl name cfhddcr)
who subnrits herewith to the Cily or Vcrnoo a proposal;
That all statements of fact in such ploposal are true;
That such ploposal was no[ made in thc interest ofor on behalfofLrlry Lrndisclosed person,
Pdftnership. company. associatiun, organization or corporation;
That such proposal is genuine and not collusivc or sham;
Thar saicl biddcr has not. dircctly o. i[dilectly by agreement, cornnrurication o[ confercnce with
anyone atternpted to induce action prcjudicial to fie interest olthe City ofVernon, or ofany
other bidder o[ a]ryone else intelested in the proposed cont(act; and lilther
That prior to the public opening and read ing of proposals, said bidder':
a, Did not directly or iodirectly, induce or solicit anyone else to submil a false or sham proposal;
Did not dircctly or iIdirectly, collude, conspire, connive or agree with anyone else that said biddcr ol
nnyone clse worrld sLrhrnit a false or sham proposal, or thal anyone should rcfrain from bidding or
withdraw his proposal;
Did not, in zury rnanner, clircctly or indirectly seek by aglacmeflt, communication or confelence with
oryone [o raise or fix the proposal price of said bidder or of anyone else, or lo misc of fix any overhead
pr oflt or cost element of this proposal price, or of thal of aryone else;
Did not, direotly or indireotly, suhmit his proposal price or any breal(down thereof, or the contents
tlrereof, ol divulge iul-ormatiou or data relative thereto, to nay aorporation, pamnclship, company,
associatioo, organization, bid depository, or to any membel or agent thercoi o( to any individual or
gloup of iudividuals, excopt the Ci(y of Veflron, or to uly person o[ persons who have a partnership or
othel tinancial interqst with biddef in his busincss.
d
of pcriLrry that the above inlbroration is co ect
1111". Sales Manager
CITY OF VERNON
4305 5anta fc'Avenuo, Vernon, California gllQlq
r!&pha4e 13 2 3 l_!8l. 8qll
Vendor Llst Q estionnirirg
Atlidly!! pf Elc-slqlpol]tlrqEy 3 m_qnjcsleKoqol
ln order to be placed to the City's vendor list and be eligible to receive City business, you must
provide the following information. By submitting this form you are declaring under penalry of
perjury under the laws of the State of California and the laws of the United States that the
information is true and correct. Furthermore, you are certifying that your firm will adhere to
equal opportunity employment practices to assure that applicants and employees are not
discriminated against because of their race, religion, color, national origin, ancestry, disability,
sex or age, And, your firm does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments, and that it does not and will not permit its
employees to perform their services ar any location, under its control, where segregated
facilitres are maintained.
Name of Company Ilovard fndugtries Business Telephone 601-425-315 t
Address P.0. Box 1588 FaxNumber 601-649-8090
cty Laurel State MS zip 3944r
contact Person - fSgI slgyl __ E-mail Address J99_r/b.q4!gYerd-ind. com
Tax lD N umber (orsocial Security Number)64-O4661-43
RemitAddress (if different).!,0. qgl llq0-L0124 Pasadena, CA 91110-0724
Please state clearly and concisely the type(s) of goods and services your company provides:Distribution transformers
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Howard Pricing lndex for DOE-Compliant Distribution Transformers
(Silicon Core / Mineral Oil Filled)
City of Vernon Contract (BV-4332, BV-4333)
Data References:
Commodrty
Current
Commodty Cost
or lndex
Base Commodity
Cost or lndex
(Nov 2015 HPI)
Percent
Change
Werghtrng Factor
(% of Pflce)
Weighted %
Change
Carbon steel 115 115 0 00%B0%0 00%
Srlicon steel N/A'0 00%24 0%0 00%
Copper 5.222 61 ,222 61 o oo%20%0 00%
Aluminufil 1 523 98 '1,523 98 0 00%10 0%0 00%
)rl 546 2:.$46.22 0 00%I47,0 00%
Al other variabie costs and marqin 0 00%480 0 00%
Total oercent chanqe from base month c 00%
Base price muLtiplier '1 0000
CRUspr GlobalSteel lndex for prevjous monlh
http //cruonline cJUgroup com/SteelFeroAlloyyPncelndex/tabrd/1 43/default aspx/homep€ge aspx
S tcon stee 'Confdential Howard supply charn cost dala
c_.pper
L[4E Grade A Copper, Monthly Average tor previous month, Cash Seller {USS per metnc lon)
htlpsj/secure lme coflVdata/communrty/rndex aspx
LME PflmaryAumlnum, Nlonthly Averaqe for previous monlh Cash Seller(USs permelnc ton)
htlpsJ/sec!re lme-com/datrcommuniiy/rndex aspx
o EIA Cush ng, OK West Texas lnlermedate, spol pnce monthly average (llS$ per barrel)
http firww eia gov/orl_gaypelroleu m/data_publicanons^/veek y_petro eum slatus reporuwpsr hlm
Document No 2367 Rev 0
Howard lndustries. lnc
't 1t 1012015
Howard price Adjustment policy
For DOE-Compliant Distribuiion Transformlr Contracts
The How ed on long{erm transformer contracts locompensweisrrted ,1,':T:;:".:i*':i1;ll[ill *,.n *"
hypotheti
Price Adiustment Example
ln this example a revised transformer price rs estabhshed for orders placed in the 2tu quarter oI 2013, using thequarter-preceding March 2013 Hpl as shown below
Base price as stated in the Howard proposal ..... $1,OO0OOWeighted change in commodity cost since date of proposal .. j .24%Muttiplieron base price .. .... . .. . . 10124Price for orders places during the 2.d quarter of 2013 .. $,1012 40
Kev Commodities
The table below lists the key commodities kacked by th the cost data. Costs forcarbon steel, copper, aluminum and oil are obtained fro
the pubric. costs for siricon steer, amorphous d 're readily available to
ctrain oata, srnce no itiro-pr',{, j#
"orr"". h nfidential internal supply
March,20l3
Howard Pricing lndex for DOE-Compliant Distribution Transformers(Siticon Core / Mineral Oil Fifled)
XyZ Utitity Company Contract
Commodity
Current
Commodty
Cost or lndex
Base Commodity
Cost or lndex
Percent
Change Factor (% of Weighted
%Change
049Carbon stee 181 74 171 )n 6.16%I 0a/.Silicon sleel N/A N/A 1 400/0 24 lyaCopper8214 50 i090 02 1 54%) oo/"o 030/"AlLrminum 2017 61 $1998 23 a 97y"1n n,0 100/0oit101 33 s90 53 11 930/0 80,All othe. vaflable costs and margtn 0 00%4A A%0 00%I urdr pErLc r (. d qe rrorn oase monln
1 4124
CRUspi: clobat Steet 1tn?e4liieEge for;rtious monih
chain qost data, current rnonth
chain cost data, current rnontft
per metric ton), average
LME I
month
Aluminum,Casns@
crude, Spor price (U S5iEibiirelf
Howard lndustries supply chah cost-
Document No 2.4 140, Revision 2
Howard lrdustnes, lnc
3t5t2014
Page 1 ol2
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CG Power Systens USA Inc
One Pauwels Drive, Washington, Missouri 63090. USA
T: + I 636 239 9300 F: + I 636 239 9398 W: ,,,\\r !.,!loirrt .(),il
Sman sol"liors
November 13, 2015
rlcns 'el3tons, Ds
Ali Nour - Electrical Engineering Manager
City of Vernon
Department of Gas & Electric
4305 Santa Fe Avenue
Vernon, CA 90058
Phone: (323) 583-8811 Ext. 316
RE: FURNISH AND DELIVER PADMOUNT TRANSFORMERs
FOR THE DEPARTMENT OF GAS & ELECIRIC
SPECIFICATION NUMBER: TR3-2015-pM
Dear Ali Nour,
we are pleased to submit our quotation "495910902 for Distribution Transformers,, in response to
your Request for Quotation for Distribution Transformers. we would like to be excused from
quoting the single phase and submersible transformers as CG specializes in three phase padmount
tra nsformers.
Today cG is a market leader in three (3) business areas as attached hereafter, and has over 9,000
employees worldwide, spanning various nationalities and cultures. rt has enhanced and
consolidated its global footprint by emphasizing a corporate culture built on values, quality and
customer service.
CG Power systems usA lnc. (cc ps us) formally known as pauwels Transformers rnc, objective is to
establish a chain of supply while providing integrated services, delivery of materials, and timely on-
site technical support this for the quoted transformers.
All prices and electrical data have been entered onto your spreadsheets as requested. A hard copy
of the input data has been enclosed for your convenience, together with additional information
covering our leadership position in the domestic market and willingness to work with New
Brunswick Power in forming a relationship that centers on opportunities for learning from each
other along with joint problem solving.
cG Ps us is a very reliable transformer manufacturer specia,ized in the manufact uring of threephase distribution transformers up to and including go MVA 230 KV 6508lL oNAF - refer to
www.cqolobal.us.
Ciiy ol Vernon
cG PS US #495910902
l lPagc
The CG Power Systems group is one of the world's top five (5) manufacturers of power
transformers up to and including 750MVA and/or 1000kV refer to y.y.yyrl.qggtc b aLL4l-r.
To further present our leadership position in the T&D Market cG ps us full range of transformers
consists of:
e Power Transformers for transmission of electrical energy up to SOMVA 230 KV 6508lL
ONAF
c Distribution transformers for distribution of energy to consumers up to 10 MVA 46kV
250 BtL
CG Power Systems currently operates eleven (11) transformer manufacturing facrlities; two (2) in
Belgium and one (1) each in Canada, Hungary, lndonesia, lreland, two (2) in the United States of
America, and three (3) in lndia.
CG Power Systems enhanced its competitive momentum by forcefully targeting the growth
oriented utility power transformer segment, to offset the slowdown in industry demand for
distribution transformers. CG is also building competencies and pursuing new attractive segments
such as renewable energy, ultra high voltage and energy automation, CG Power Systems is also
increasingly finding new profitable opportunities in developing, constructing and supplying end-to-
end power solutions in various parts of the world.
It shall be known that CG Power Systems is structured in four (4) main businesses, these are:
c Power Systems: Manufacturing a large range of transformers, switchgear, and providing
transmission and distribution (T&D) solutions with its engineering pro.iects and services
capabilities.
c Automation Solutions: Custom design and manufacturing of automation
software/hardware for today's SMART Grid initiative.
. lndustrial Systems: Producing a wide spectrum of high tension (HT) and low tension (LT)
rotating machines, namely motors and generators, as well as related solutions.6 Consumer Products: Manufacturing and marketing a large variety of industrial and
household solutions in lighting, fans, pumps and home appliances.
By means of this breakthrough program CG Power Systems USA lnc as a group, wants to confirm its
position as main independent transformer manufacturer.
We, at CG PS US believe that as a team of professionals we can position ourselves such to support
the City of Vernon in their alliance goals and objectives.
City of Vernon
cc PS us #495910902
2lPage
Thank you for choosing CG Power Systems USA lnc. as your reliable supplier.
Sincerely,
CG Power Systems USA lnc
7+-
Sally Kleekamp Brian McCarrick
Account Specialist Product Sales Manager
T 636-239-9337 Distribution Transformers
.s_alll[]eeka rn p@csglobal.com T 636-432-2527
brian.rnccarrick@cgqiobal.com
City of Vernon
cG PS US #495910902
3lPage
1'-fB
.,,il'li:ll{l:l:,.
Our mission statement:
Mission 2076
'To become o world cldss provider of integroted solutions to our global
customers in the domoin of T & D of electricol energy through relioble,
stdte of ort products ond services."
CG PS US Core Values are:
Performance
Excelience
Performonce Excellence is obout reviewing and raising the performonce
threshold, for self and os pqrt of o teom, for competitive edge, setting and
meeting stretch targets; accomplishing and exceeding performance
commitments. lt meons discouraging mediocrity in others ond ourselves
and confronting status quo.
Leading Edge
Knowledge
Leoding Edge Knowledge is a necessory ingredient for competitiveness ond
growth; enhancing capobilities; actively pursuing ond opplying Best
Practices; continuously upgroding and benchmarking with Best in Class. lt
is the key to working smort insteod of only working hard; a continuous
seorch for olternatives and new woys of doing things.
City of Vernon
cG PS US #4959t0902
4lPage
Nurturance
Nurturonce is helping ourselves ond others grow in professional ond
personal life. lt encourages an otmosphere of fairness with porticipotion
ond o climate of trust as well os trustworthiness; a positive environment
for CG to become o leorning Orgonization; for Connection between CG ond
its employees.
Customer
Orientation
Customer Orientation is sensitivity and responsiveness to the market ond
customer needs for high quolity existing os well os new products ond
services, with deliveries ond ofter-sales service os committed. tt estqblishes
positive long-term relationships with internal and external customers.
lntellectual
Honesty
lntellectuol Honesty is honesty to self; doing whot we soy; moking ond
meeting meaningful commitments. lt goes beyond simplistic integrity
finonciol honesty, telling the truth and includes openness and speaking up
in situations when silence would yield on undesired result.
City of Vernon
cG PS US #495910902
5lPagc
Table of Contents
Attachment 1 Company Profiie Page 7
Attachment 2 Contract Management Page 8
Attachment 3 Quality of Materials and Service Page 9
Attachment 4 Customer Service Page 11
Attachment 5 Warranty Page 13
City of Vernon
cc Ps us #495910902
6lPage
ATTACHMENT 1. - COMPANY PROFILE
CG Power Systems USA lnc
CG Power Systems USA lnc (CG PS US) is a Corporation that designs, engineers, manufactures, tests
and delivers quality three phase distribution and power transformers.
Our main objective and goal is to help serve our customers more effectively in the changing
ma rket.
Headquarters of the CG Power Systems - Location: Mumbai, lndia
Consolidated annual turn-over approximately 3 billion US Dollars
CG PS US FederalTax Numb eti'J.4-I799233
The CG PS US sales organization is structured to ensure the shortest possible communication links
between customer and us - this is a must in today's business environment.
This goal is achieved through a network of small efficient sales offices and specialist representatives
with an expert knowledge of domestic market environment and customers' requirements.
The City of Vernon is served by:
. Our representative:
Banes Associates lnc.
2340 South El Camino Real #4
5an CIemente, CA 92672
Mr. Jay Whalen
Tel.:949-361-0700
Email: jay@banesreps.com
" ManufacturinEfa€ilitv:
CG Power Systems USA, lnc
One Pauwels Drive
Washington, MO 63090
Ms. Sally Kleekamp
Tel.: 636-239-9337
Fax: 636-239-9398
Crty of Vcrnon
c(; Ps us #495910902
TlPagc
ATTACI.IMENT 2 - CONTRACT MANAGEMENT
This contract between the City of Vernon and CG PS US is of the utmost importance to us.
Consequently, we wlll have available for you an Extended Enterprise Partner that will be heavily
involved in the day-to-day management of this contract. The objective of this Extended Enterprise
Partner will be to build a positive relationship between the business partners as well as to attain
optimum efficiency and savings.
CG PS US will commit the necessary human resources to fully support the proposed Extended
Enterprise Vision - the following CG Power Systems USA personnel will be part of this team:
cG Power Svstems USA lnc Extended Enterprise Pariner
1. Jay Whalen, Representative
2. Brian Mccarrick, Product Sales Manager Distribution Transformers
3. Hugo Flores, Engineering Manager
4. Sally Kleekamp, Account Specialist
5. Mary Stolte, Sales Correspondent
6. Don McDonald, Design Engineer
ln order to maintain clear communication between the City of Vernon and CG PS US and to address
any of your needs for transformer procurement, we suggest that at minimum there be:
E Monthly meetings with you and our representative, Jay Whalen
o Quarterly meetings with you and our representative, Jay Whalen
As time progresses, the monthly meetings can be replaced with quarterly meetings.
This principal contract should be signed by two executive sponsor each belonging to the parties
entering the contract.
The purpose of this written contract shall be as follows:
i To establish a mission statement
. To establish clear goals and objectives
e To establish a clear reporting methodology
u To establish an evaluation criteria. To establish a prjce structure
. To establish a confidentiality agreement
. To establish a way to drive savings to the bottom
City of Vernon
cG PS US #495910902
8lPage
,,:T:'i,i:i*"'.i:,,
ATTACHMENT 3 - QUALITY OF MATERIALS AND SERVICE
CG PS US maintains a Quality Assurance Program that is updated continuously to detail the latest
modern techniques and processes as they are developed. A copy of the program is provided as a
part of Attachment c.
1. We are providing three references associated with the US Electric Utility lndustry.
Exe lon
Louisville G&E
David Dunkle, Category Manager 41"0-47O-78L9
David Campbell, Purchasing 5O2-627-358t
Portland General Electric Kelly Foster, Purchasing 503-464-24L9
2. We are providing data that describes how our company measures metrics such as on delivery,
order accuracy, backlog and cycle time and how your company is performing against these
measures.
CG PS US incorporates the use of the SAP system. The system is designed to enter orders,
design transformers, track orders through the system, and measure the delivery cycles,
material use and inventories. cG PS US has performed within the ranges established by the
Managers of each department and the ranges established by the Executive staff.
3. Our safety program is provided as an attachment.
4. CG PS US Quality Assurance Program is attached.
5. CG PS US is ISO 9001 certified.
6. The process used by our company to regularly review and amend the quality manual is:
Quality Assurance reviews the manual on a monthly basis. Additions and amendments are
controlled by the quality Assurance Manager and approved by the Executive Staff.
7. We are describing how manufacturing and processing procedures/specification manuals are
used by our company:
Manufacturing and processing procedures are monitored and reviewed by the managers and
supervisors of each process, Employees are encouraged to participate in the process of
developing new procedures that will enhance the process and eliminate waste. Engineering
provides ECO's (Electronic Change Orders) to change processes and specifications when
necessary.
City of Vcrnon
cG PS US #495910902
9lPage
8. We are describing how statistical process control methods used by our company to control
plant manufacturing processes:
Each process is carefully monitored to meet the quality standards established for that section.
Those statistics are then posted with the results for each person responsible for the given
process. Changes needed to increase production or quality, are then put in place to increase
the performance of the section.
9. We are describing the final inspection process used by our company:
The inspection process is incorporated throughout the manufacturing process. The final
inspection includes the use of the manufacturing documentation that will accompanY the
transformer. lnspectors are provided full access to engineering to discuss any inconsistencies
they may have observed or to ask general design and specification questions.
L0. We are describing the quality problem and corrective action reports and records used by our
company:
Quality Assurance records all internal problems as PPR'S and any customer questions as SCR'S.
These items are collected within a data base and are required to be addressed within a three
day period of time- Corrective Actions are issued. A team dedicated to researching all
inconsistencies, manufacturing requirements for materials produced by external entities uses
this opportunity to not only resolve the present problem but to also incorporate new details
and information to the design and manufacturing process to enhance the quality of the
transformer.
11., We are describing the process used by our company to establish an expected life span of our
products:
Design, research and development and historicaldata is used to establish the expected life span
of the product line. Technological exchanges between the Belgium production plant and the
Washington, MO plant serves as a starting point in the establishment of the data used to
determine anticipated life spans for each product design.
12. We can describe any additional factors necessary to achieve the expected iife span:
Maintenance programs provided in the operation manual with each transformer establishes
the procedures necessary to reach the expected life span of the transformers.
13. UL Certification:
CG PS US Transformers can be UL Certified.
City of Vernon
cc Ps us #495910902
l0 lP age
AT-rACHMENT 4 - Customer Service
L. Our company's definition oftotal customer satisfaction is:
CG PS US basic corner stones for total customer satisfaction is:
Providing on-time and every time hassle free service
Providing on-time and every time quality products that are exceeding the City of
Vernon's expectation
Providing a collaborative service easy to manage and in an accurate way
Providing product having a 0% failure rate
Providing cost reduction opportunities for the customer
2. How we intend to provide the City of Vernon with customer service is as follows:
At CG PS US we distinguish two types of customer service groups, these are;
= After Sales Customer Service Group: This group can be contacted through our customer
service desk as described above. Service people can be made available immediately; the
customer service desk, in the event of on-site emergencies, does coordination; personnel
can be made available within 24 hours. The staff that forms this Eroup is as follows with
their contact email address:
E Eric Doak, VP Services N.A. etr! d-ae!@!8C!gbe!!qEu Sharon Cole, Service Project Manager $p194=9q[gqeE8!qqai!c,m. DaleScheible, LeadService Representativedale.scheible@cgglqbqllqlq
+ Sales and Marketing Customer Service Group: This group handles basically the daily
management of your contract. Any given issue whether technical or commercial will be
handled by your Account Specialist - Sally Kleekamp (:ql-L'f,EleS!emp@iCCb!AL!g-!l) or
Sales Correspondent - Mary stolte (Olry-slqiie@feCl-qb!],celd.
+ Sales and Marketing Customer Service Group - Sales Representative: Our Sales
representative is extremely important for Iocal support and daily customer contact support.
Our Sales Representative will dedicate one (L) sales person to your account- This person will
handle all issues from daily order management to eventual accounting issues - he is CG
Power Systems interface with the City of Vernon.
Extended Enterprise,ssues;
Hiring additional people in Sales and Marketing and our After Sales Service group has
enhanced the CG PS US Customer Service Group. This improved our customer focus time
City of Vernon
cG PS US #495910902
ll lPage
,,,'.il'1,::1fl'.i:,,
and improvement of various report documentation and tracking systems
3. How we will support providing service in the following situation:
u Emergency basis:
Plant personnel can be contacted through our customer service desk as described
above. Plant people can be made available immediately; the customer service desk, in
the event of on-site emergencies, does coordination; plant personnel can be made
available within 24 hours.
As for every emergency situation, engineering personnel is immediately available via
phone or email contact. Any given technical issue is mostly handled via email in today's
business environment - problem areas would be addressed by means of exchanging
digital pictures in order to have a hands-on situation and to facilitate problem analysis
reports.
2'd party support:
2nd party of choice will be contacted through our customer service desk and can be
made available within 48 hours; plant personnel can be made available within 24 hours.
City ofVernon
cG PS US #495910902
12 | P a g e
ATTACHMENT 5 - WARRANTY
As per your request CG PS US is quoting Three Phase Distribution Transformers with the warranty
as follows:
WARRANT\: Company wqffants to Purchoset that the equipment to be delivered to Purchoser will be Jree from
defects in moteriol ond workmonship when used under proper ond normol use for d period of 12 months aJter
the equipment is put into service. Not to exceed 18 months from the ddte the equipment is delivered (whether
by sole, leose or rentol). Orgonic insulotion moteriols ore sold with the exprcss understonding thdt their life
ond Jitness for purpose ore indeterminote ond lorgely depend on opplicqtion ond operating circumstonces ond
continuing mointenonce. Should ony failurc to conform to the obove (ot to ony odditionol worronty contoined
in the speciol conditions of sole set forth in the oppticable product-line price sheet) oppeor with within one (1)
year after the dote of shipment by company, the company aqrees, upon prompt notificotion thereoJ ond
conformotion thot the equipment hos been stored, instolled, operoted ond mointoined in occordonce with
recommendotions ol the Compony ond stondord industry practice, to correct the nonconlormity ot Compdny's
option either by repoiring ony defective poft or ports ot by making avoiloble ot compony's pldnt o repdired or
replocement port. The liobility ol Compony to Purchoser arising out ol the supplying of soid equipment or its
use, whether on worronty, contruct or negligence, sholl not in ony event exceed the cost of cofiecting delects
in the equipment os herein provided, and upon the expirotion ol soid one (1) year, oll such liability sholl
terminote. The foregoing shall constitute thesole remedy ofthe Purchaser ond the sole liobility of Company.
The Worronty does not ond sholl not include reimbursement lot the expenses which moy be incurred by
Putchoser. No "ln ond out" chdrges included. Before ony moterid is returned, Purchaser must contoct
Compony, ds outlined under Returned Goods. No woffanty is mode with respect to equipment not
monuloctured by Compony, such being subject onty to worronties mqde by their respective monulodurers.
Compony sholl in no event be responsible or lioble for modificdtions, olterotions, misapplicotion ot repoirs
made to its products or equipment by Purchoser or others, or for damoge coused thereto by neqligence,
occident, overlooding or improper use by Purchoser ot others.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN,
ORAL OR IMPLIED IINCLUDING ANY WARPi,.NrY ON MERCHANTABILITY OR FITNESS FOR PURPOSE). THE
ONLY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE ARE THOSE EXPRESSED ABOVE AND
THERE ARE NO
'MPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE.
Extended Worrunties up to 5 yedrs con be mode dvoildble.
City of Vernon
cG PS US #495910902
13 lP a g e
'
:"'li'l,l:liJi"xi,.
Quotation Number: 495910902 Date: l1ltl/2015
Customer: MISC RF,GION 400
USA
Attention: Cust. Code: 1000088
Fax: Ernail: Region: 200400
Reference: CITY OF VERNON TR3-2015, CA
Wc are pleased to present oul quotation lor three phase transformers with the accessories according to
the attached bill of material(s).
General Conditions:
Prices: Firm for the duration of the contract.
Validity: From l1116/2015 to 0211612016
Taxes: Federal, state, local or any other taxes ate excluded-
lreight: FOB Dcst., Frt allowed on PPD FOB DESTINAI'ION
Payment: 30 Days Net
Wairanty: Standaid, 12 months from the date of installation, but not to exceed 18
months from the date of shiPment.
Any design dimensions, unless otherwise specified are for indication only, and arc not binding. , _This
quotation-is subject to CG Power System USA Terms and Conditions of Sale, which are availahle at
wu,w. cgglobal. us-
Any dcviation from the attached bill ot material(s), beforc or after receipt of order, .may affcct price
and delivery. The quoted ship weeks will go into effcct aftcr all outstanding technical matters have
been resolved. Ship -wccks are based on plant loading at time of quotation. Please verifu ship weeks
when placing an order. Please reference our quotation number on all pttrchase orders and
correspondencc.
We will bc pleascd to provide you with any additional information that is required. Thank you for your
inquiry, and we look forward to working with you in the future.
Sincercly,
CG Power Systcms USA Inc
Sott j fL KU+I-a,'"-p
Sally Kleekamp
Account Specialist
Utility Sales
636-239 -9337 x
Rep CC : BANES ASSOCIATES
YoLr are requested to please relcr lo CG's Customer and Suppliq Privacy Policy available on CG s websile
w ww.cqglobal.com to underctand and familiarise yourself wilh CG's ftivacy Policy towards ils busrness
partners with respect to sharing of personal dala,
74-
Brian McCarrick
Product Sales Managcr
Distribution Transformers
(636) 239-9380
AVANT HA
6qC'JP CO!,1PANY
Quotation Numbcr: 495910902 Date: I l/ I l/2015
Customer: MISC REGION 400 Cust. Code: 1000088
usA Region: 2oo+oo
Attention:
Fax:
Quotation Comments:
TO ENSURE THER,E IS NO DELAY IN EN'I'ERING YOUR PURCHASE ORDER, YOUR
TAX IDENTIFICATION NUMBER IS REQUIRED WITH ACCEPTANCE OF THE
QUOTATION.
Please scc attached CG Power Systems Additional Terms & Conditions of Sale, List of Routine
Tests that are included in our quotcd prices, Plice Schedule for additional testing if rcquited,
our Warranty Ternrs and Canccllation schedule.
4.4 As specificd, first cight itcms are 7200 Delta-
4.5 Large kVA's are designed for ANSl-standard 5.75% nominal Impedance, plus or minus
1.5yo.
5. l.A. 300 through 750 kVA's witl have 5Jegged wound cores; 1000 through 2500 kVA's will
havc stacked corcs. Since transformers are Delta-connccted, stacked corcs are 3-legged, per
ANSI C57. 105 Scction 3.3.3.
5.4.A- Liquid levcl gauge will be in low Voltage compartment
6. l. Per E-mail from Vernon, designs will include a transformer on-off load-break switch.
7.LD. Partial Range Current Limiting fi.ses are selected from Cooper's current fuse tine. 2000
kVA witt have 353C17 Bayonets.
8. 1.B- Pinned spades are not available.
8.3. Translormers wil[ havc CG-standard weldcd-on parking stands.
ll.l.C. [,osses at ll0% Voltage are not guarantccd values (lor relerencc only). Efficicncies arc
calculated with Load Loss at 55 C, pcr DOE requirements. ANSI tolerances will apply to
quoted losses. Loss pcnalties may apply, but CC witl not accept rcturn of traosformer for
misscd losscs.
MINERAL OIL IS TESTED & CERTIFIED AS "NON-PCB' BY THE BATCH, NOT BY
INDIVIDUAL TRANSFORMERS. FOR ADDITIONAL DETAIL, PLEASE REFER TO THE
You are requested lo please re,er to CG's Customq and Supolier Privacy Policy avarlable on CG's websile n
w ww .caglobal.com lo understand and lamiliarise yourseif will' CG's Rvacy Folicy lowards rls business \-rtpartners with respect lo sharing of personal dala
AVANTHA
GFCUP COMPINY
Slronq relalionshrps
Quotation Number: 495910902
Customer: MISC REGION 400
USA
Attention:
Fax:
ATTACHED LETTER REGARDING "Certification
PCB content.. . "
I)^te: 1Ilttl2015
Cust. Code: I 0000filt
Region:200400
of compliancc with ledcral laws govcning
NAMEPLATE STATES, "LIQUID CONTAINS LESS THAN 1 PPM PCB AT TIME OF
MANUFACTURT".
Prclim Dims:
Item l0:61"W x 47"D x 58"H, 3,235 lbs
OIL: 150 gal
Itcm 20: 6l"W x 49"D x 58"H, 3,514 tbs
OIL: 155 gal
ltem 30: 6l"W x 5l"D x 58"H, 4,235 lbs
OIL: 191 gal
Item 40: 6l"W x 54"D x 58"U, 5,054 lbs
OIL: 207 gal
Item 50: 66"W x 64"D x 62"H, 6,591 lbs
OIL: 271 gal
Item 60: 6l"W x 65"D x 74"II, 7,331 lbs
OIL: 299 gal
Item 70: 66"W x 7l"D x 77"FI, t0,021 lbs
OIL: 404 gal
Itcm 80: 17"W x 75"D x 77"H, 11,065 tbs
OIL: 427 gal
Itcm 90: 6l"W x 48"D x 58"H, 3,384 lbs
OIL: 159 gal
Item 100: 6l"W x 48"D x 58"H, 3,295 lbs
O.tL: 159 gal
Item It0: 6l"W x 49"D x 58"H, 3,510 lbs
OIL: 152 gal
Item 120: 61"W x 50"D x 58"H, 4,055 lbs
OIL: 172 gal
Itcm 130: 6l"W x 53"D x 58"H, 5,085 lbs
OIL: 201 gal
Item 140: 66"W x 65"D x 62"H, 6,773 lbs
OIL: 217 gal
Item 150: 6l"W x 64"D x 74"II, 7,509 lbs
OIL: 307 gal
You are requesled lo please refer lo CG's Cuslomer and Supplier Prrvacy Policy available on CG's websile
www.cgglobal com to understand and lamilianse yourself with CG's Privacy Policy towards ils business
partners with rcspect to sharing of personal data.
AVANTHA
ORCU: COU?A\Y
Quotation Number: 495910902
Customer: MISC REGION 400
USA
Attention:
Fax:
Date: I l/ I l/2015
Cust. Code: l oooo88
Region:200400
Itcm 160: 66"W x 70"D x 77"H, 9,814 lbs
OIL: 396 gat
Ilern 170: 79"W x 75"D x 82"H, 12,051 lbs
OIL: 453 gal
Iten 180: 86"W x 77"D x 82"H, 14,787 lbs
OiL: 529 gat
If drawings arc needed please indicatc on Purchasc Ordcr and what type (Rccord or Approval).
Record drawings are not availablc until I (onc) week prior to shipmcnt.
Our standard Approval drawing can bc provided, if needed, 2-3 wccks after rcceipt of order.
Shipping lead-timc docs not begin until drawings are reh.rncd approved by customer.
Due to the volatility of thc raw materials markct, strict interpretatior o[ our 30 day quotation
validation period rnust be adhered to. If your quote has expired, please consult your Account
Spccialist/Product Engineer for a qr.rotation update.
Accurate and detailcd ship to address and contact information is required at time of purchase
ordcr to assure corrcct shipping and handling.
Orders cntered 'on HOLD for APPROVAL' and NOT released within three (3) weeks after
receiving factory approval type drawings are subjcct to price increases at the time of release.
If approval drawings are required, quotcd lead timcs begin after drawings have been approved.
Subject to Credit Approval.
You are requesled lo please relcr lo CG's Cuslomer and Supplier ftivacy Policy available on CG's websile
w w w.cgglobal. com to understand and familiarise yourself wrth CG's Privacy Policy towards its business
parlners with respecl to sharing ol personal dala.
AVANTH A
GFOUF CO!,4P^NY
5?$NATURE PAGE ANT' LE€AL STATUS
The undersigned certifies that he/she is an official legally authorized to bind his/her firm
and to
Bid by
enter into a contract should the City accept this bid.
CG Power Systems USA, fnc
(Name of Firm)
Legat sta tus of bidder: Please check the appropriate box
x corporation/Lt.c State of lncorporation Deraware
Partnership List Members (attach arlditional sheets if necessary)
D Br\ State full name
Other Explain
DBA
signature of Bidde , 4/44<- liBEoduc'! sares ' Manager ' Dr
(lruthorized Signature)
AddreQne Pauwels Drive Ci$ashingtoSq, te MO Zip 63090
relephone No. (at el!]Z-JszJ-
Signed this 13 day of November, 2015,2013
ADDENDUM NO, BID DER'S INITIALS
L.
2.
28
tii{tT i-}RreE BID F'e)R[rR
CIT'Y ON? VtriThION GAS & ELtrCT'RTC
PADii{OUNT TILANSFCRMIR'TIiCHNICAL REQT]IREI\IONTS
TrlIls[ormer r':rtiugs uscd by thc city of City ofVcruoft
ilad exPcctcd purchasirg qll ntities
l{ote(t):Plicebidstrrllincludc:rlltcdcurl,state,local lnd ollrer txxes Plgctofl
fIM?i PRTMAIIY
VOI-'I'ACD
SI]COND,,\RY
vorrAGt'
RATING
((vA)
ctlY slocl(
CODB
Nonrt €r ofr its
crpcrted to be
ordcl.rd by city
BII) UFlll tlNrl'ORDllll D
sEE rio'rE (lt
1 12001t2470\t20i ?03 150 206',n s6,629
1200/ t24',7 0v 211t430 215 ?.061 s7,211
i2a0/12470Y 2711480 l0 L)
',"062 s8.41.1
7200i l2rl70\'2',71/430 500 206-t $r0,r58
i2c0it 21i01 27'7 !.t30 750 2065 s 13,089
6 'i200t t2110Y 2'l ," t4gA i000 20ttG $ t5,457
71001 124'i0Y ?17/180 t500 )o(7 $ r9,022
j i2no/12170Y ?71/480 2000 206[j I $23,754
l6lrl0 Il0rl08 i 50 2069 1 $6,E21
l0 16i10 771i430 )l 20'o $6,68 r
ll 16140 )7 / l43o 125 2071 s7,278
l.],l6i.l0 117 i48t)100 zt't),s8,3 52
r 6140 27'i i4E0 i00 2lJ7,l $r0,r6l
l4 16.i40 2-/1i480 750 1,9't5 3 $12,7'13
li i614{)211/430 t000 2\',/ 6 1 $ 14,808
lr;r6i40 277 t430 t500 2t17 $19,710
1l 16140 a'77 i48A 2000 2iin -j.s25,489
iB i6.140 27 ,1i4lt)?-500 1,t)19 t?$31,077
.4.FFIT}AVI'T OF NOi'i-.CO t,LUSTO:"I BY COT'ITRACTOR
SL4'TI' OF (:ALIF)RNIA iS,S
COL|NTY OF LOS ANGELESI
Brian McCarrick being first duly sworn deposes
anClsaySihathe/Shei.'!.@ibut1onTransformcrs
(i.rq r "So:c Or"'e -', "lh.tci.'l',6nb , "Sc.'ilary'-, orotlEr prcl,er lirlc)
of s trems USA, Inc
(inscd n:rnc rfhiddcr)
who subrniLs herewith to the Cily or Vcrnon a ptoposal;
'flrat all statements of lact ir such Proposal ale tlue;
'l-hat such pr.oposal rvas not rnade in the interest olor on behalfofany undisclosed petson,
Parttrelship, cotrtpany. association, organization or col'polatio[;
That stLch proposal is gerruine and uot collLrsive or sham:
That said bkklet has not, tlircctly or ilrditectly by agteement, courmunicittion or confctcncc rvith
anyone attollrpled to indrtce actiott preiLrdicia I to the interest of thc City ol'Veruon, ot ofany
othcr bidtler ot artyonc clse iutercsted irr thc proposed contract; and futther
That prior to tho public opening and reatling of proposals, saicl bi.lder':
a. Ditl not rlirectly o[ indilectly, inducc ot solicit anyone else to submit a false or sham proposal;
Did not direcrly or ildirectly, collude. corrspire, coullive or agrcc rvith anyone else thal saicl biddel ot
alyone else woultl submit a fals,] or sham ptoposal, ol that anyone shotLld relrain fiom biddirrg or
r.vithdtarv his ploposal;
L)id lroL, in any manner., dir.cctly or indirectly scek by agteement, commuIicatioD or cooflJrence !vith
alyrrne to raise or lir the proposal ptice of said biddel or of anyotte else, ol to mise of fix al1y ovcl head
profit or cost elcn1ent of this Proposal price, or ofthat olanyonc else;
Did not, directly or indircr:tly, submir his proposal plice or any bteal<dorvtr thereo[, ol thc contents
thereot, or divulge inEolmaiion or dala IelatiYe thetcto, to nay corpoution, par1nership, company.
association, olganization, bicl clcpository. or to any meflbel oI agelt thelEo[. ol to any indiviclual or
gloup 0f ilclividuals, cxoept the Cily of Verllou, or to any percon oI persons who havc a padnership ot'
other'financial inte!est tYith biddet ir his busin<,ss.
CG Porver S
I ccltifl, under pcnalty ol perjury that thc above infotmation is con:cct
Title: Product Sales Manager, DT
t)
d.
Dare: 11.13.2015
EIIY OF VERNON
4305 santa Fe l\venue, Vernon, California 90058
Ielerillercl3z3l5!3-8!]L
V€ndor l.ist QuestioxrlqlIg
AfI4@4 of Equal ctBportunitv 8s Non segreeation
ln order to be placed to the City's vendor list and be eligible to receive City business, you must
provide the following information. By submitting this form you are declaring under penalty of
perjury under the laws of the State of California and the laws of the United States that the
informatiorr is true and correct. Furthermore, you are certifying that your firfir will adhere to
equal opportunity employment practices to assure that applicanls and employees are not
discriminated against because of their race, religion, color, national origin, ancestry, disability,
sex or age. And, your firm does not and will not maintain or provide for lts cmployees any
segregated facilities at any of its establishments, and that it does not and will not permit its
employees to perform their services at any location, under its control, where segregated
facilities are maintained.
Name of Company
CG Power Systems
USA, INC Busi ness Telephon 6 352tr 2-9 tr-1L
Addresne PauweLs Drive Fax Number
City Washington State Mo Zip 63090
Contact PersoBrian Mccarrick E rnail AddrLbEian . mccarrick€ caglobal . com
L4-L7 99233Tax lD NumLrer (or Social Security Nurnber)
Remit Add ress (if different)
Please state clearly arrd concisely the type(s) of goods
Three Phase Transformers - Padmounts and
and services your companV provides:
Non Padmounts
CG Power Syilcms USA Inc
One Pauwels Drive, Washington, lvlissouri 63090, USA
T. r I 636 239 9300 F: + I 616 219 9198 W: www.csqlobal com
Si(onq relalioEshrp;
CG Power Systems USA
Terms and Condition Comments, Clarifications and Exceptions
> Limitation of Liability: CG total aggreBate liability, including warranty, shall be limited to 100% of
contract value.
> lndemnification: CG liability under indemnity shall be limited to circumstances where CG has control
and involvement.
> consequential Damages: CG shall not be liable for Consequential, lndirect or Special Damages.
> Warranty; CG warrantv does not cover in/out costs (connections, craning, civil work, etc); should
product require return to factory for repair CG will cover freight only to/from factory. The option for repair
or replacement will beatCG discretion. Timetable allowed for repair or re placement of product under
warranty must be 'reasonable' in consideration of the claim. CG standard warranty is 12 months from
installation or 18 months from shipment; whichever occurs first. CG can offer extended warranties for up to
5 years from shipment. Attached is CG standard warranty language which would apply to any agreement.
> Cancellation: CG standard cancellation charges to apply. Cancellation is not an acceptable remedy for
Supplier Delays less than 60 daVs. CG shall not be liable for any costs incurred for cancellation.
Above terms comments shall apply over Customer provided Terms & Conditions or, upon request, CG can
offer redlined terms & conditions for mutual agreement.
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a!o!,49E9qroFNo{o@F6
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Customer Lire No.: I Stock Code 2060
Unit Price: $6,629.00
CG Power Syslems USA lnc
;..rsleec Cjli.e t ll$:
0n: P.lJr,-Js tflre !l?-irx€101, )lisrll6:{!'J USAi n.ii52m l:+lt .li]423!9$:I :'.'rE cgqjobalrorr
TECHNICAL SPBCS
Datc: llll l/lf)15
Quotation Numlrer: 95910902
Item Nurnbcr: l0
Quantity: 3
Extcnded I'rice:s 19,1387.00
Three Phase Pad-NIount Transformcr(s)
kVA ll.ating:Model ll:
Cooling Class: ONAN
Ircquency:60 Hz
Avg. Winding Temp. 65 "C
Primary Yoltage: 7200 Delta volts Secordary voltage: 208Y/120 volts
Primary BIL Rating: 95 kV Secondary BIL Rating: 30 kV
HV lVinding lvlatl: Aluminrm LV Winding Matl: Alunrirlunr
High Voltage Taps: B Txps - Two 2.5% Taps below Nominal and Two 2.57, Taps above No|l.ilul
No Load Loss: 291 watts Load Loss: 158,1 watts Total Loss: 1875 wats
Impedance: 3.83 Eo
Tank Enclosure:
Bolted Cover
Starnless Stcel Namcplate
Cabinct Depth: 19 lrches
Steel HV LV Banier
t50 kvA
Mineral Oil Immersed
Bushings:
Radial Feed ANSI Minimum Dimensrons
Dend Front Primary Terminations: Vy'ells
Secondary Terminations: [poxy Bus]Dngs w/Thread-on 6 Hole Aluminum H Spades, Spade Support
Protection:
[,hult Sensins Bayonet Fusing (353C10), Ptastic Dripshield ( ), Spare bayonet fuses (6), PRCLF (ELSP CBUC0808OCl00)
Accessorics:
Pressure Relief Valve QUALITROI,202 030-01. Drain plug
Liquid Level Gauge, Liquid 'l'enrperature Cauge
SST NAMEPLATE
TNTERLOCK SWITCHF]S
Switching:
L.V. Neutral Bushing with Removable Grounding Strap, One ON/OFF Transformer SwiLch (300 Atups)
Paint Color:
GREEN (Mrnse[ 7.0GY3.29l1.5), Touch-up Paint , Coal Tzr Undel Powder, 2"
Standards:
Quoted in compliance with the Iatest applicable ANSI standr(ds unless otherwise specrfied by the customer.
Shipmentr 3 to l0 weeks
Pnnred by PSUs-Sally Kleckrmp on I l/ll/2015
. CG Power Systems USA lnc
l-alrsural Cilic, & 2l;rii_ ![e["Jllslri]/8 ihslntlcr, ],ll<r.Lx 6]!:! Us,t
! .lLlI::i']l1liF rl ffri 2:!lr!:itt ll ,!.,.v rfii0Lrlcan
Customel Line No.: 2 Stock Code 2061
TBCHNICAL SPECS
Date:. llllll20l5
QuotationN[mber: 959t0902
Item Numbcr: 2O
Quantity: 2
Unit Price: $7,2tl.OO Extended hice: $14,42200
'l'hr.ce I'hase Pad-Nlount Transforrner'(s)
liVA Rating:Model #:
Cooling Class:
Frequency:
Avg. Winding Temp. 65.C
Primary Vollage: 7200 Delta volls Secondaly Voltage: 480Y/277 volts
Primary BIL Rating: 95 kv Secoodary BIL Rating: 30 kV
HV lYinding Matl: Aluminum LV Winding Nlatl: Aluminum
High Voltage Taps: B Taps - Two 2.5'lo Taps bclow Nominal and Two 2.57o Taps above Nominal
NoLoad Loss: 421 Watts Load Loss: 2104 Watts Total Loss: 2525 watls
Impedarrcc:315 Co
225 kV A
Mrneral Oil Immersetl ONAN
60 Hz
Tank Enclosure:
Boltcd Cover
Stainless Steel Nameplate
Cabinet Depth: l9 Inches
Steel Fry t,V Barrier
Bushings:
Radial Feed ANSI Minimum Dimensions
Dead Front Primilry Terminations: We]ls
Secondary Terminations: Epoxy Bushngs Ml'hread-on 6 tlole Aluminum H Spades, Spade Support
Protection:
Fault Sensins Bayonet Fusing (353C10), Pla-stic Dripshield ( ), Spare bayonet fuses (6), PRCLF (El-SP CBUC08080Ct00)
Acccssor'ies:
Pressure llelicI Valve QUALITROL 202-030 01, Drain plug
Liquid Lcvel Gauge, Liquid 'Iemperlture Gauge
SST NAMEPLATE
INTERLOCK SWITCIIES
Switching:
L.V. Neutral BLrshing with Relrovable Grorudin.q Strap, One ON/OFF Transforrner Switch (300 Amps)
Paint Color:
CREEN (Munscll 7.0CY3.29l1.5), Touch-up Paint , Coal Tar Under Powder, 2"
Standards:
Quoted in compliance with the latesr applicable ANSI standards unless othcrwise specified by the custontr
Shipnent: 8 to l0 weeks
Prirned by PStis'S.lly Klcckxorp ou I l/ ll/2015
CG Power Syslems USA lnc
ae,iisreei Crlikd & Plar'
ore P,rJirds rrfiye lYe i:Eiox, lrrncN,r63t!C USA
'i ,: l1i 23! 9:i.I F IL"il6 Zil9315 ?J *tr';ico!:Dblclln
TECHNICAL SPECS
Date: t l/l l/2015
QuotationNumber: 95910902
Itcm Number: 30
Quantity: 3Customer Linc No,: 3 Stock Code 2062
Unit Ptice:$8,414.00 Extended Price: $25,242.00
Three Phasc Pad-IUount Tr.ansformer(s)
kVA Rating:300 kvA
Mineral Oil Inrmersed
Model #:
Cooling Class:
Frcquency:
ONAN
6ll H7-
Avg. Winding Temp. 65 'C
Primary Voltage: 7200 Delta volts Secondary Voltage: 480Y/277 vQlts
Primary BIL Rating: 95 kV Secondary BIL Rating: 30 kV
HV Winding Matl: Aluminum LV Windi[g Matl: Aluminum
High Vollage Taps: B Taps - Two 2.5o,uo Taps belorv Nominal and Two 2.570 Taps bove Nonrinal
No Load Loss: 520 Watts Load Loss: 2445 Watts Total Locs: 2965 Wiltts
1.36 qa
Tank Flnrlosurc:
Bolted Cover
Stainlcss Steel Nameplate
Cabinet Depth: l9 Inches
Steel HV LV Barrier
Bushings:
Radial Feed ANSI Minimum Dimensrons
Dcad Front Primary Tenninations: Wells
Secondary Terminations: Epoxy Bushings w/Thread-on 6 Hole Aluminum H Spades, Spade Support
Protection:
Faulr Sensins Bayonet Fusing (353C12), Plastic Dripshield ( ), Spare bryonet fuses (6), PRCLF (ELSP CBUCOSl00Cl00)
Accessories:
Pressurc ReliefValve QTJALITROL 202-030-01, Drain plug
Liquid Level Cauge, Liquid Temperature Cauge
SST NAMEPLATE
INTERI-OCK SWITCHES
Srvitching:
f- v. Neutral Bushing with Removable Grounding Strap, One ON/OFF Transfotmer Switch (300 Amps)
Paint Color:
GREEN (Munsell 7.0GY3,29l1.5), Touch up Paint, Coal lar Under Powde., 2"
Standards:
Quoted in compliance with the latest applicable ANSI standards unless otherwise specified by thc customcr-
Shipment: 8 to [0 rvccks
Pri,rtcd by PSUS-Sally Kleekrri,p otr I l/l l/2015
Customer Linc No.: .l Sk)ck Code 2064
Unit Price:
CG Poujer Sysiems USA lnc
;:! sl;icn Cili.e !:h::
C,rs P,rr.,,?h rri!. l'fdrii.rllGr, l,lissr:r.r 53yiJ, r.lSA
: .1 L1\2:tjo;Jtl!, a iI5._i62:i$rj,5Yt x.r,? rjr.Itt0lrtcln
TECHNICAL SPECS
Date: I l/l I /2015
Quotation Number: 959 t0902
Item Number: ,10
Quantity: 3
$30,474.00
ONAN
fiHz
kVA Rating:
Primary Voltage:
P mary RIL ILating: 95 kV
500 kvA
Mineral Oil Immersed
7200 Delta volts
l0.l,rti.{10 Extended Pdc€:
lvlodel #:
Cooling Class:
Frequency:
Avg. lvindirB Temp. 65 "C
Secondary Voltagc:480Y/277 volts
Secondary BIL Rating: 30 kV
AluminLlm LV lViuding i\'Iatl:AlLlrDiDUnl
B Taps - Two 2-5qo Taps below Nonrinal ind Two 2.57, Taps above Nominal
Load Loss: 4294 Watts 'fotal Loss: 4991 Wrtts
HV Winding Matl:
High Voltage Taps:
No Loa.l Loss:
Imp€dance:
699 Watts
4.-l'1 9a
'IhIee Phase Pad-NIount Ttansfornler(s)
Tank Enclosure:
Boltcd Cover
Stainless Sieel Nameplate
Cabrnet Depth: 19 Inches
Steel HV-LV Banier
Bushings:
Radial Feed ANSI Minimum Dimensions
Dead Iront Primary Terminations: Wells
!L
Protecaion:
fuses (6), PRCLF (ELSP CBUCO8l50Dl00)
Accessories:
Pressure ReliefValve QUALITROL 202-030-0.t, Dcain plLtg
Liquid l-evel Gauge, Liquid Temperature Caoge
SST NAMEPLATE
INTERLOCK SwlTCIIES
Switching:
L.v. Neutral Br$hing with Removable Grounding Strap, One ON/OFF Transformer Switch (300 Am!s)
Paint Color:
GREEN (Munscll 7 0GY3 2911.5), Touch-up Paint , Coal Tar Untlcr Powder,2"
Standards:
Quored in colrpliance with the liresr applicrble ANSI stxn(iards unless odrc[wise specified by the custonlcr
Shipment: 8 to l0 u,eeks
PrinrLd b) PSUS Sally Klcelarrp on IUI U2015
Cr$tomer Linc No.: 5 Stock Code 2065
lJrit l'r'ice:$ r3,089 00
CG Power Systems USA lnc
Fe,jlsErad C'f.€ a Pl$:
ore PJ,r,,i9ls Cfire 'r'.fu\triqlol l,+;cLx 6.ja!1, llSA
I . I "{:rl 2il9 }:lilt i r I il,i 2:l-q 9$5 ,l!: ..,r^,i r[li]10M1 cJr
TECHNICAL SPECS
Date: I l/l l/2015
QuotationNumber: 95910902
Itern Number: 50
Quantity: 3
Dxtcnded Plice:s39.267.00
Three Phase Pad-Mount Transformer(s)
kVA llating:Model #:
Cooling Class:
Frequency:
Avg. Winding Temp. 65 "C
Primary Voltage: 7200 Delta volls Secondary Voltage: 480Y/277 volts
Primary BIL Rating: 95 kV Secondary trIL Rating: 30 kV
HV Winding Matl: Alrninum LV lVinding Matl: Alumi nnr
fligh Voltage Taps: B Taps - Two 2.570 Taps below Noninal and Two 2-570 Taps xbove Nominal
No Load Loss: 9t8 Watts Lo.d Loss: 5933 Watts Totd lrss: 6851 Watts
Tank Enclosur.c:
Bolled Cover
Stainlcss Steel Nanreplatc
Cabinet Depth: 24 Inclres
Steel HV LV Barrier
Bushings:
Radial Feed ANSI Mininrum Dimensions
Dcad Front Primary Terminations: Wells
Protcctioni
Fault Sensing Bayonet Fusing (353C16), Plastic Dripshield ( ), Spare bayonet flrses (6), PRCLF (ELSP CBUC08l65Dl00)
Accessories:
Pressure RclicfValve QUAI-ITROL 202-030-0t, Drain valve Sampler
Liquid Lelel Gauge, Liquid Temperature Gauge
SST NAMEPLATE
INTERI,,OCK SWITCHES
Switching:
I- V. Neutral Bushing with Removable Grounding Strap, One ON/OFF Transformer Switch (30O ArDps)
750 kvA
Mineral Oil lmnrersed ONAN
6O Hz
Painl Color:
GREEN (Munsell 7.0GY3.29l1.5), Touch-up Paint , Coal Tar Under Powder, 2"
Standards:
ustonrer.
Shipment: 8 to l0 weeks
P.incd by PSUS Sally Klcekamp on I l/ll/2015
CG Power Systems USA lnc
li,]slcrd orll.a & Phii
Olf Piur,rls;n!a lvasninglon. rrrssrlfl ({jg3. USA
i . | 5l:l 2J: -4:iiii a ,I[ii23ir1](i5W rn.,,cicl:rba] ccn
kVA Rating:
Primary Voltage:
Primary BII- Rating:
tfv Winding Mafl:
High Voltage Tnps:
No Load Loss:
lmpedance:
Tank Enclosure:
Bolted Cover
1000 kvA
Mineral Oil Immersed
7200 Delta volts
95 kV
Aluminum
6(t Ht
Avg. lVinding Temp. 65 "C
SecoDdarJ Voltage:430Y/277 volts
Secondary BIL Rating: 30 kV
LV Winding Matl:Alurunum
B Taps - Two 2-570 Taps below Noninal lnd Two 2.57o Taps abovc Nominal
t069 Walts
5.'7-l o/o
Load Loss: 8176 Watts fohl Loss: 9245 Warc
TECHNICAL SPECS
Date: I I / 1l /2015
QuotationNumber: 95910902
Itcm Number: 60
Quanrity: 2
Model #:
Cooling Class: ONAN
l-requencv:
Customer Line No-: 6 Stock Codc 2066
UDit Price: $15,457.00 Extended Price: $10,914.00
Three Phnse Pad-Ntount Transformer(s)
Stainless Steel Namcplatc
Cabinet Depth: 24 Inches
Steel HV LV Barrier
Bushings:
Radial Feed ANSI Minimun Dimensrons
Dead Front Prinrflry Tcrnrinations: Wells
Secondary 'Ienuinations: Epo,\y Bushrngs w/lhJead-on l2 Hole llrass J Spades, Spade Support
Protection:
Fault Sensing Bayonet Fusing (353C l7), Plastic Dripshield ( ), Spare bayonet fuses (6), PRCLF (ELSP CBUC08 t50Dl00 IN
PARALLEL)
Accessories:
Pressure Relief Valve QUALI'IROL 202-030-01, Drain valve w/Sampler
Liquid LevelGauge, Liquid Tempera(ure Cauge
SST NAMEPLATE
INTERLOCK SW]TCHES
Switching:
L.V. Neuual Bushing with Removable Grounding Strap, One ON/OFF 'transtbflner Switch (300 Amps)
Paint Color:
GREEN (Munsell 7.0GY3.29l1.5), Touch-up Paint , Coal Tar Uoder Powder, 2"
Standards:
Quoted in conpliance with the latest applicablc ANSI standards unless otherwise specif,ed by the customer.
Shipment: 8 to I0 weeks
hintcd by IrSUS-S.lly Kl@krmp on I l/t l/2015
CG Power Systems USA lnc
+slislr,eJ Clift, FIM:
One Pa,riEli !'fire. +ies1m!10r, lrissc,rl6:3jJ USA
I .I 5:t6 iM:ii); i r I 116 2:19 1]:11!t !i: r,r,r.r:i{l0P,l urr!
TECHNICAL SPECS
Date: ll /l I /2()15
QuotatiorNumber: 959t0902
Itenr Number': 70
Customer Line No,: 7 Stock Code 2067
Unit Plicc:
Quanlity: 2
$19,022.00 Extended Price: $38,044.00
Thrcc Phase Pad-Nlount Transformer(s)
kVA Rating:
Primirry Voltage:
Primary BIL Rating:
Ilv lvinding luatl:
High voltage Taps:
No Load Loss:
1500 kvA
Mineral Oil Innnersed
7200 Delta volts
95 kV
Alunrinum
Model #:
Cooling Class: ONAN
!'requcncy:60 Hz
r\vg. lVinding Temp. 6-5 "C
Scr:ondary Voltage:430Y/277 volts
Secondary BIL Rating: 30 kv
LV \.nding Nlatl:AlLru)roum
B Taps - Two 2.5'Z Taps helow Nominal and Two 2.5olo Taps above Non nal
l,oad Loss: I 1067 Watts 'fotal l-oss: 12536 Wxtts
I4p"4!U!9,
1469 Watts
5.7 5 co
Tank Enclosure:
Bolted Cover
Stainless Steel Nameplate
Cabinet Depth: 24 Inches
Sreel HV-LV Banier
Bushiugs:
R.dial Feed ANSI Minimunr Ditnensrons
Dead Fronr Primary Terminations: Wells
Secondary Terminations: Epoxy Bushings w/Thredd-on 12 Holc Brass J Spades, Spade Support
Protection:
None
Accessories:
Pressure Relief Valve QUAI-ITROL 202{30-01, Drain vrlve Vsampler
Liquid Level Gauge, Liquid 'femperature Gauge
SST NAMEPLATE
SrYilching:
L.V. Neutral Bushing with Removable Grounding strap, one oN/oFF Transformer Switch (300 Amps)
Pai[t Color:
CREEN (Munsell 7.0GY3.29l1.5), Touch-up Paint , Coal Tar Under Powder, 2"
Standaids:
Quoted in compliance with the Iatest applicable ANSI standards unlcss otherwise specified by the cu.stomer
Shipment: 8 to [0 rveeks
Pdnted by PSUS Silly Kleekrmp on I Ul l/20t5
'
CG Power Syslems IJSA Inc
i?lrse€ C1€e ,, PIa'
0re Palirh iflr- !/esirlrtclo.1, ),1;3.J16-ll[l, Llji
.
'
r:ii 231ti:,)i F rr ti62:lj']:l!tlr **prq4Lt lci)ri
TECHNICAL SPECS
Datc: I Ul l/20 t5
QrotationNumber: 95910902
Item Numbcr: 80
Quantily: tCustomcr Line No.: 8 Stock Codc 2068
Unit Price: $23,'15400 Exlerxlcd Price:$23,754.00
Three Phase Pad-NIount Transtbrmer(s)
kVA ltating:2000 kvA
Mineral Oil lmmersed
Nlodel #:
Cooling Class:
Frequency:
ONAN
60 Hz
Avg. lvinding Temp. 65 "C
PrimarJ Yoltage: 7200 Delta volts Secondary Voltage: 4{t0Y/277 \,olts
Primary BIL Rating: 95 kV Secondarf BIL Rating: 30 kV
HV Winding Matl: Alrminum LV Winding Matl: Aluminum
Iligh Voltage Taps: BTaps Two 2.570 Taps belorv Noninal and Two 2.57o Taps above Nominal
No Load [nss: t94l wails Load Loss: 13328 watts Total Loss: 15269 watts
Impcdancc:5.'t 6 10
Talrk Enclosure:
Bolted Cover
Stainless Steel Nameplate
Cabinet Depth: 30 Inches
Steel HV-LV Bnnier
Bushings:
Radial Fced ANSI Mininrum Di:nensrorrs
Dead Front Primary Ternrinations: wells
Secondary Terminations: Epoxy Brshings MThread-on 14 Hole Brass J Spades, Spade Support
Protcction:
None
Accessories:
Pressure ReliefValve QUALITROL 202 030-01, Drain valve w/Sampler
Liquid t-evel Gauge, Liqrid Tenperalure Gauge
SST NAMEPLATE
Switching:
L-V. Neutral Bushing with lienDvable Grounding Strap, One ON/OFF Transformcr Switch (300 Amps)
Paint Color:
GREEN (Munselt 7 0GY3.29ll.5), Touch-up Paint , Coal Tar (.lnder Powder, 2"
Standards:
Quored in corupliance with the lntest applicable ANSI standnrds unless otherwise specified by the customer.
Shipmclt: 3 to l0 weeks
tti t{t by PSUS-Sally Klcekcmp on I l/l 1,2015
Cusaomer l,i e No.: 9 Stock Code 2069
CG Power Sysiems USA lne
blrsEr# 0il.e t ftarl
&E Par,{iJs Dri}r l',hhr,Tlor. l,ns.ux 6E!! LJSi
; , t "\:i5 239 i:lnc I 11 ?i36 2:lg.a3-.i It r-.ri_cerct:r crfn
150 kvA
Mineral Oil Immersed
TECHNICAL SPECS
Date: I l/t l/2015
Quot tionNumb€r: 95910902
Item Number: 90
Quantity: ?
ONAN
60 Hz
Unit Price: Xi6,821.00 Extended Price: $13.642 00
Thrce Phase Pad-Mount Transfolmer(s)
kVA Rating:Model #:
Cooling Class:
Frequency:
Avg. Winding Tcmp. 65 .C
Primary Voltagc: 16340 Delta volts Secondary Voltage: 208Y/120 volts
Primary BIL Rating: 95 kV Secondary BIL Rating: 30 kV
HV lvinding Ma[: Ahunrnum LV Winding Matl: Alumimrm
High Voltage Taps: B Taps - Two 2.57a Titps below Nominal and Two 2.57o Taps above Nominal
No Load Loss: 306War6 Load Loss: 1513 Watts Total Loss: lSl9Warrs
lmpedance:35fqa
Tank Enclosure:
Bolted Cover
Stainless Steel Nameplate
Cabinet Dcpth: t9 lnches
Steel HV-LV Ba.rier
Bushings:
Radial Feed ANSI Minimum Dimensions
Dead Front Prinury ltnninations: Wells
Prote,c tion:
Accesories:
Pressure Relief Valve QUALITROL 202-030-01, Drain plug
Liquid l-evcl Gaugc, Liquid Temperature Cauge
SST NAMEPLA fE
INTERLOCK SWITCHES
Switchirg:
L.V. Ncutral Bushirg with Removable Crounding Strap, One ON/OI-F'l ransformer Switch (300 Amps)
Paint Color:
CREEN (Munsell 7.0GY3 2911.5), 'l'ouch-up Paint , Coal Tar Under Powder, l'
Siandards:
Quoted in compliance with the latest appllcable ANSI standards unlcss otherwise spccified by the customer.
Shipment: 8 to l0 weeks
P.inGd by PSUS-SI|ly Kleekamp on I I/l1,2015
Customer Linc No.: l0 Stock Code 2070
Unit Pricc:s6,63r00
CG Power Systems USA lnc
.i.lisiar?d CirE. r. lir I
O_e P.u?:I3 Jrilr t/i.rj:!-lor, !isr.r1 fiileJ, LSA
: , 1 1l:15 2.i! !:rrl; F , rii 2lir , i1l5 iiJ: ry.ir! :a!trt!l car
TECHNICAL SPECS
Date: I l/l l/201-5
QuotationNumber: 95910902
Item Number: t00
Quantity: 3
Extcnded Price:$20.0'B 00
Three Phase Pad-Mount Tlanstblmer(s)
kVA Rating:
F[cqucncy:6O Hz
Avg. tvinding Temp. 65 .C
Prirnlry voltage: 16340 Deka volts Secondary Voltage: 480Y/277 volts
Prinury IllL Rating: 95 kV Secondaly BIL Rating: 30 kv
HV Winding Matl: Aluminum l,V Windiug Matl: Aluminum
High voltagc Taps: B Taps Two 2.5cla Taps below Nominirl and Two 2.570 Taps ttove Nominal
NoLoad Lossi 116Watts Load Loss: 1479 Watts 'lbtal Loss: 1795Watts
Impedance: 3 911,'
Taok Enclosure:
Bolted Cover
Stamless sreel Nameplate
Cabinet Depth: l9 Inches
Steel HV-LV Barrier
150 kvA
Mineral Oil Inmersed
Dlodel #:
Cooling Class: ONAN
Bushings:
Radial Fted ANSI Minimurn Dimensions
Dead Front Prilnary Temrinations: Wells
Sccondary Tcrnrinations: Epoxy Bushings w/Th-ead-on 6 Hole Aluninum H Spades, Spade Support
Protection:
Dual Sensing Bayonet Fusing (353C06), Plastic Dripshield ( ), Spare bayonet fuses (6), PRCLF (CBUCl7030Ct00)
Accessoriui:
Pressure ReliefValve QUALITROL 202-030-01, Drain plug
Liquid Level Gauge, Liquid Temperature Gaugc
SST NAMEPLATE
INTERLOCK SWITCHES
Switching:
L.V. Neurral Bushing with Removable Crounding Strap, One ON/OFF Trans[orn]er Switch (300 Amps)
Paint Color:
GREEN (Munsell 7.0GY3.29l1.5), Touch-up Paint , Coal Tar Under Powder, 2"
Standards:
Quoted in compliance with the latest applicable ,{NSI standards unless otherwise specified by the customer.
Shipmcnt: 8 to l0 weeks
PriDtcd by PSUS-Sally Kleekanrp on I l/ll/2015
Customer Line No.: I I Stock C-ode 2071
Unit Price: $7,27ti.00
TECHNICAL SPECS
Datc: I l/l l/2015
Quotntior Nunber: 959 t09m
Item Number: lt0
Quantity: l
Extended Price: $2t,834.00
Three Phase Pad-Mount Traosformer(s)
kVA Rating: 225 kVA
Mineral Oil lrtuilersed
Primary Voltage: 16340 Delta volts
Primary llIL Rating: 95 kV
HV Winding Matl: Alu rinurn
Nlodcl #:
Cooling Class: ONAN
Frequency:60 t{z-
Avg. Winding Tcmp. 65 "C
SecondaryVoltage: 48OYl27-lvolts
Secondary BIL Rating: 30 kV
LV Winding Nlatl: Alumrmrm
High Voltage Taps: B Tups - Two 2.57o Taps below Nominal and Two 2 57o Taps above Noninal
No Load Loss: .108 Watts
Impedance: 3.f6 7o
Load Lossi 2l3ll watts Total Loss: 2546 watts
Trnk fanclosure:
Bolted Cover
Srainless Steel Nanepldte
Cabinet Depth: t9 tnchcs
Sleet HV LV Barrrer
IJushings:
Radial Feed ANSI Minimurn Dimensrons
Dead Front Primary Terminations: Wells
Secondary Terminations: Epoxy Bushings !4threu4 9n 6HoleAlun numHS
Prot€ction:
Dual Sensing Bdyonet Fusing (153C08), Plastic Dripstueld ( ), Spare bayonet tLrses (6), PRCLF (CBUCl7040Cl0O)
Accessories:
Pressure Relief Valve QUALITROL 202-030-01, Drain ptug
Liquid Level Gauge, Liquid Tclnpcmturc Gauge
SST NAMEPLATE
INTERLOCK SWITCHES
Svitching:
L-V. Neutral Bushing with Rernovable Grounding Strap, One ON/OFF'[ransformer swi(ch (300 Amps)
Paint Color:
GREEN (Mulsell ?.0GY3.29l1 5), Touch-up Paint , Coal Tar Under Powder, 2"
Standards:
Q oted in compliance rvith the latest applicable ANSI standarls unless othcrwisc spccificd by thc cusromcr.
Shipmcnt: 8 to l0 wceks
Pdtrtcd by PSUS'Srlly Kleeka',,p oo ll/l l/2015
CG Power Syslems USA lnc
i.3]islrx ofce n Plrni
CFe PJfirh irir€, l',2snr.alox, tir';.1r a.:riel, US,i
, 1 l-id 211 .P,i: F rl iiri Zi:l g:liit tir r'.',r'r.dq0i'tal mE
TECHNICAL SPECS
Date: I l/l l/2015
QuotationNumberr 95910902
IteD Number: 120
Custoorer Line No.: l2 Stock Code 2072 Quantity:
Extcnded Price:
l
s25
'fhIee Phase Pad-Mount Trarlslbrmer(s)
Unit Pr-icc:
kVA Rating:
Primary Voltage:
Primary llIL Rating:
HV Winding luatl:
High Voltage Taps:
No Load Loss:
Impedance:
300 kvA
Mineral Oil Immersed
16340 Delta volts
95 kV
Aluminurn
tvlodel #:
Cooling Cla-ss: ONAN
Frequency:6O llz
Avg. lVinding Temp. 65 "C
Secondary Voltage:480Y/277 volts
Secondary BIL Rating: 30 kV
I-V Winding NIatlr Aluminum
I3 Taps Two 2.57a Taps below Nomin l irnd Two 2 57o Taps above Nominal
Load Loss: 245 t Watts Total Loss: 2982 Wxtts531 Watls
4.46 o/o
Tank Enclosure:
Eoltcd Cover
Stainless Sleel Nanreplat€
Cxbinet Deplh: l9 Inches
Steel HV-LV Barrier
Bushings:
Radial Feed ANSI Minimum DimensloN
Deid Front Pdmary Terminalions: Wells
Secondary 'l'elnrinationsl Epoxy Bushings MThread on 6 Hole AluminLrm H Spade-s, Spade Support
Protection:
Dual Sensins Bayonet Fusins (353C10), Plastic Dripshield ( ), Spare bryonet fuscs (6), PRCLF (CBUCl5080Cl00)
Accessori€s:
Pressure Relief Valve QUALITROL 202-030-01, Drain plug
Liquid L-evel Gauge, Liquid Tenperature Gauge
SST NAMF,PI,ATE
INTERLOCK SWITCHES
Srvitching:
L.V. NeutralBushing with Rcmovablc Crounding Strap, One ON/OFffr,t,l&.!!9l!l!ll9! Q004.P.)
Paint Color:
CREEN (Munscll f
Standards:
llcY3.29l I 5), Touch up Paint, Cocl Ta. Under Powder, 2"
Quoted in compliance with the htest applicable ANSI standards Lrnless otherwise specilied by the customer.
Shipnrclrl: 8 to I0 weeks
Prnted by PSUS-Sally Kicckrmp or I l/l t,2015
CG Po$rer Syslems lrSA lnc
Bjisld;4 CIl:> ii Fla]:
0 e Prvi4s tnve i'.rasirirSlrr, lirsstr x 63!!C. l.lsn
: , I I:15 23! ):1rI I r I {i:!d 2:jg (1i5 al H,rn!:r.Jliilrl cai
.IECHNICAL SPECS
Dale: ll/l l/2015
Quotatior Number: 95910902
Item Number: 130
Quanlity: 2Crstomel Line No.: 13 Stock Code 2t)74
Unit Pdcc:$10,163.00 Extended Price: $20,326.00
'l'hree Phase Prd-N'Iount Transtbtm€t(s)
kVA Rathrg:
Frequency:60 Hz
Avg. Winding Temp. 65 "C
Primary Voltage: t6340 Delta volts Secondary Voltage: 480Y/277 volts
Primary BIL Rating: 95 kV Secondary BIL Rating: l0 kV
HV Winding Matl: Ahrminrmr LV Winding Nlatl: Ahrmiflum
High Volrage Taps: BTaps-Tlvo257,'[apsbelowNominal dnd Two 2-5'76 Taps abovc Non nal
No Load I-oss: 719 Watts Load l-oss: 3897 Watts Total Loss: :1636 Watts
Impedance: 4.73 Ea
500 kvA
Mineral Oil ftnmersed
Model #:
Cooling Class: ONAN
Tank Enclosure:
Bolted Cover
SLailless SteeL Namephte
Cabinet Depth: l9 Inches
Steel HV LV Barrier
Bushings:
Radial Fccd ANSI Minimum Dime[slons
Dead Front Prmary Terminations: Wells
Sccondary Ternrinations: Epoxy Bushings w/Tlrreild-on 8 Hole Aljminurn H Spades, Spade Support
Protection:
Fault Sensing Bayonet Fusing (353C10), Plastic Dripshield ( ), Spare bayonet fuses (6), PRCLF (CBUCl508OCl00)
Accessories:
Pressure Relief Valve QUALITROL 202-030-01, Drarn plug
Liquid l-evel Gauge, Liquid Temperatrre Gauge
SST NAMEPLATE
TNTERLOCK SWTICHES
Switching:
L.V. Neutral tsushing wirh Removable Crounding Strap, Onc ON/OFF Transformer Switch (300 Amps)
Paint Color':
CltBtsN (Munsell 7.0GY3.29l1.5), Touch-up Paint, Coal Tar Under Polvder, 2"
Standards:
Quoted in compliance with the latest applicable ANSI standards unless otherwise specilied by the custolrrer.
Shipmert: 8 to I0 uveeks
Pnnted by PSUS-Sally Kleekamp on I l/l l/2015
Customer Line No.: 14 Stock Code 2075
Unit Pr-ice:$12,1'73.(n $38,3t9 00
CG Power Systems USA Inc
frelisecC Cili.E 4 ilmi
orie Pr,ri:I. ilrve Yla1rehl, M!$.!x 5f]9J. US\
: r1 {S 2:E'gnr a .l ii.i; 23! !.1ji5 }1, Iix:clglct?l c}I
TECHNICAL SPECS
Date: I l/l I /2015
QuotationNumber: 95910902
Item Number: 140
Quantity: 3
Extended Pricc:
Three Phasc Pad-Mortrt Transformer(s)
kVA Rating:
Prinrary Yoltage:
Primary BIL Rating:
HV lvinding Matl:
High Voltage Taps:
No Load Loss:
750 kvA
Mi[eral Oil lmmersed
16340 Delrx volLs
95 kV
Aluminum
Modcl #:
Cooling Class: ONAN
[-req(rency:60 Ht
Avg. Winding Temp. 65 'C
Secondary Voltrge:J80Y/277 volts
Secondary BIL Rating; 30 kV
LV Winding Matl:Aluminunr
B Taps Two 2 5df Taps below Nominal and Two 2.570 Taps above Nominal
_I"{9.I9 nqg !
8lJ6 Watts
5.-t5 %
Load Loss: 6223 watts Total Loss: 7l l:l Watts
Tank Enclosur.e:
Bolted Cover
Stalnless Stccl Nameplate
Cabinet Depth: 2.1 Inches
Stecl HV LV Barrier
Bushings:
Radial Feed ANSI Miniruurn Diurensions
Dead Front Primary Terminations: Wells
Protection:
Dual Sensing Bayonct Fusing (353C t2), Plastic Dripshielq ( ), Spare bayonet tuses (6), PRCLF (CBUCl5 tOOCl0O)
Accessories:
Pressure Relief Valve QUAI-ITROI- 202-030-01, Drarn vnlve w/Sampler
Liquid t-evel Gauge, Liquid Tempe.ature Cauge
SST NAIIIEPLATE
INTERLOCK SIVITCHES
Switching:
L.v. Neutral B shing with Removable Grounding Strap, One ON/OFF Transforrner Switch (100 Arrps)
Paint Color;
GREEN (Munsell 7.0CY3.29l1.5), Touch up Paint , Coal Tar Under Powder. 2"
Standards:
Quoted in comphance with the lalest applicable ANSt standards unless otherwise specified by the customer
Shipment: 8 to l0 weeks
ttinted by PSUS Sally Kleekamp on l1/l1,20I5
TECHNICAL SPECS
Customer Line No.: I5 Stock Codc 2076
Date: I l/1t/20t5
QuotationNumber: 95910902
Itenr Number: 150
Quaoaily: 2
Unit Pricc: $14,808.00 Extended Pricc: $29'616 00
'l'hree Phase Pad-Mount Transformcr(s)
Nlodel #:
Cooling Class: ONAN
FIequeflcy:60 Hz
Avg. Winding Temp. 65 "C
Secondary Voltagel 48OY 127'7 volLs
Secondary BIL Rating: 30 kV
A[lnlinun1 LV Winding I\Iatl:A luminun'l
B Taps - Two 2 5eZ Taps below Nominal and Two 2.570 Taps above Nonrinal
I 169 Wa(s Load Loss: 7732 Watts Total Loss: 8901 wntts
5 19 0/a
CG Poqer Systems USA lnc
.jisla€aCt6E6Plin:
0|'d Piu,Eb l,r€. iva:1,l{'cl. r,l,sc!r 63C-I}C. USA
t , I rl3li 2i]'i -q:lol t , I :ii6 2l! q]$ Yl $,'rltcg0iot-3l ccn
kVA Rating:
Primary Voltage:
Primary BIL Rating: 95 kV
1m0 kvA
Mineral Oil lmnrersed
16340 Delta volrs
HV Winding t\{atl:
High Voltagc 'l aps:
No Load Loss:
Impedance:
Tank Enclosure:
Boltcd Cover
Srainless Steel Nar[eplate
Cabinet Depth: 24 Inches
Steel HV LV Banier
Bushiogs:
Radiat Feed ANSI Minimum Dimensions
Dead Front Primary Tcrninations: Wells
Protertion:
Accessories:
Pressure Relief Valve QUALITROL 202-030 01, Drain valve Sampler
Liquid trvel Gauge, Liquid Tenperature Cauge
SST NAMEPLATE
INTERLOCK SWTTCHES
Srvitching:
L.V. Neutral Bushing wirh Removablg Grounding Strap, One ON/OFF Transtbrmer Switch (3t[ Atnps)
Paint Color:
CREEN 't.oGY3.29fi Paint , Coal Tar Under Powder, 2"
StaDdard\:
rstomer
Shipment: 8 to t0 weeks
Pfi ed by PSUs'Sally Kleckrtrrp on lUl U2015
Custome I Line r.*o.: 16 Stock Code 2077
CG Power Systems IJSA lnc
a{rslrr.C C'[.e & flarl
ore Pr'ri,:h } !t. f4:irn!k'x uEs|.r,,r€$.iiJ, USA
a -! i,ll5 riE lli : ,r f523!J.Jilj ,! \r!.cq!ti:rb?l con
TECHNICAL SPECS
Date: t1/l l/2015
QuotationNumber: 95910902
Item Number': 160
Quautity: 2
Unit Price: l|i 19,730.00 Extended Price: 539,460.00
Thrce Phasc Pad-Mount l'raosfotmcr(s)
kVA Rating:r 500 kvA
Mineral Oil lnmersed
N{odel #:
Cooling Class:
Irequcncy:
ONAN
@Hz
Avg. Winding Temp. 65 'C
P mary Voltage: 16340 Delta volts Secondary Voltage: 480Y/277 volts
Primary BIL Rating: 9-5 kV Secondary BIL Rating: l0 kV
HV Winding Matl: AlNninum LV Winding Matl: Aluminum
High voltage'faps: B Taps - Two 2.57o Taps below Nominal
^nd
Two 2-57, Taps above Nominal
No Load Loss: 1606 Wats Load Loss: 10471 watts Total Loss: 12077 Watts
Impedrnce:5S67a
'l'ank Enclosure:
Bolted Cover
Stainless Steel Nameplxtc
Cabinet Depth: 24 Inches
Steel HV LV Barrier
Bushings:
Radial Feed ANSI Minimum Dirrensrons
Dead Front Prin1ary Terminations: Wells
Secondary Terminations: Epoxy Bushings UThread on 12 Hole Brass J Spadcs, Spadc Suppon
Protection:
Accessories:
Pressure Relief Valve QUALITROL 202 030-0l, Drain valve w/Sampler
I-iquid Irvel Cauge, Liquid Temperature Caoge
SST NAMEPLATE
INTERLOCK SWITCHES
S!ritching:
L.V Ncutral Bushing with Removable Grounding Strap, One ON/OFF Ttansformer Swilch (300,A.mps)
Paint Color:
GRF-EN (Munsell 7.0GY3.29l1.5), Touch-up Paint , Coal Tar Uoder Powder. 2"
Standards:
Quoted in compliance with the latest applicable ANSI standads unless othelwise specified by the customer.
Shipment: 8 to [0 weeks
Printcd by PSUS Srlly Kleekrmp on I l/l l/2015
CG Power Systems USA Inc
R:4rtirEC t]:li$, Pl r
0n9 Pir,,,rs ifiv., t{arrriElox, 1,1{sst11 6i:rSJ, US
_: ,I ij.i5 Z:i,r ,.r.:jGj i rt!i.rj2uir,ii!5rat :r..,r r:Eliotjtc.r
TECHNICAL SPECS
Datc: I t/l t/201-5
QuotationNumber: 95910902
Item Number: 170
Customcr Line No.: l7 Stock Code 2078 Quantity: 2
Unit Ptice: $25,489 00 Extended Price: $50,978 00
'Ihree Phasc Pad-lvlount Tlansformer'(s)
kVA Ratirg:
Prinrary Voltage:
Primary BIL Raling:
HV Winding Ivtatl:
Iligh Voltage Taps:
No Load Loss:
2000 kv A
Mirlcral Oil lmmersed
I6340 Delta volrs
95 kV
,{luminum
Model #:
Cooling Class:
Frequency:
Avg. Winding Tcmp. 65 'C
Secondary Voltage: 480Y/277 volts
S€condary BlL Rating: 30 kV
Total Loss: 15950 Watts
ONAN
60 H,
LV lVinding lVIatl:Alunrinr.rn
B Taps - Two 2.57o Taps below Nominal and Two 2.57o TLrps above Nomiual
1755 Wrtts
578Vo
Load Loss: 14195 Watrs
Tank Enclosure:
Bohed Cover
Stainlcss Stccl Nameplate
Cabinet Depth: 30 lnches
Steel HV-LV Barier
Brchingsi
Radial Fced ANSI Mininlum I)imensions
Dcad Front PriDrary Terminations: Wells
Secondary Terninations: Epoxy Bushings w/Thread-on 14 l]ole Brass J Spades, Spade Support
Protcction:
Dual Sensing Bayonet Fusing (3 53C l7), Plaslic Dripshield ( ). Spare bayonet fuses (6), PRCLF (CB UC23 l50D l0O IN
PARAII trI )
Accessories:
Pressure llelief Valve QUALITROL 202-030-0 t, Drain valvc Sampler
Liquid Level Cauge, Liqr-rid Temperature Gauge
SST NAMEPLATE
INTERLOCK SWTTCHES
S\ritching:
L.V. Neubal Bushing with Ilemovahle Crounding_StrlplqlllqlqoFF Transformer Switch (J00 Amps)
Painl Color:
CREEN (Munsell 7.0GY3.29ll .5),_Touch-Lrp Paint , Coal Tar Under Powder, 2"
Standards:
Q[otcd in compliance wlrh the latesl applicable ANSI standards unless otherwise specifted by the customer.
Shipment: Ii to I0 weeks
PnnGd by PSUS-SaUy Klcck.nnp on I l/11/2015
CG Power Syslems USA lnc
i3Jsln;a CJ'Ee a Pleri
0rr Pr:.&?h rnvt. 'ir:irrr{lax, E:fu'r6-i091 1.1;A
: . ! [lt 2:i9 :;6 f r I iiili 2:l! qII ,.j .r,.ir r.r:!Uld!l Er$:
TECHNICAL SPECS
Date: I l/l 1/2015
QuotalionNumber: 95910902
Item Number': 180
Quantity: 12Customer Line No.: l8 Stock Code 2079
tirit Price: !;11.07700 Extended Plice: .5172.924 00
fhrce Phase Pcd-lvlount Tmnsformet(s)
kVA ll:raing:
I'rirnary Voltage:
Prirnary BIL Rating: 95 kV
HV Winding Nlatl: Aluminun't
No Load Loss: 2i69 Wdts
2500 kvA
Mineral Oil Lnmersed
16340 Delta volts
Model #:
Cooling Class:
Ilrequency:
Avg. WindiDg Temp. 65 "C
Secondary Voltagc:480Y/277 volts
Secondary BIL Rating: l0 kV
LV Winding Matl:Alrtruiuun
Total Loss: 18131 Watts
ONAN
60 Hz
High Voltage Taps: B Taps - Two 2.57o Taps below Nominal and Two 2.50.6 Trps above Nominal
l,oad Loss: 15762 Walts
lmpedance:5.7 5 1o
Tank Enclosure:
Bolted Co\.er
Stainless Stccl Narneplate
Cabrnet Dcpth: 30 Inches
.Steel HV-LV Barricr
Bushings:
Radial Feed ANSI Minimunr Dinrensrous
Dead Front Primary TenninatiorN; Wells
Secondnry Terminations: Epoxy Bushings MThread-on l4 Holc Brass J Spades, Spade Support
Protection:
None
Accqssoric's:
Pressure ReliefValvc QUALITROL 202-030-01. Drain valve Msampler
Liquid Level Gauge, Liquid Temperature Cauge
SST NAMEPLATE
Switching:
L.V. Neutral Bushing with Rernovable Grounding Strap, Oae ON/OFF Transformer Switch (300 Amps)
Paint Color:
GREEN (Munsell 7.0GY3.29l I 5), Tor-tch-up Paint , Coal Tar Under Powder, 2"
Standards:
Quoted in compliance with the latest applicable ANSI standards unless otherwise specified by the customer.
Shipmcnt: 8 ro l0 weeks
Prinred by PSUS-S.lly Kleekanp o r l/1U2015
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CG Power Syslems USA lnc
ll,"grslereJl 0i,i.e & Pran:
ol]e PaJ,ftls 0 ir!E. ',1hsiin!t!n. l,risloitlrB3c!0, USA
a - I (i35 2.]g $iao F
'
1 6ii,i 23(, -0,:195 !l: ift * c0qlobal cinl
TEST PRICE SCHEDULE - 2500 kVA and Smaller
Following list prices shall be respected for test in accordance to the latest ANSI
standards at time of quotation:
s Witness Testing or Temperature Rise Testing wlll add 1-2 weeks to shipment
schedule.
Thecontrolled copy of thrs documcnt rs locatcd on the PSUS Inrarlel Silc
Thrs copy \Es p'r'nted on l/26115 at l0 2l AM
AVi\Nl llA
Description Unit Size Unit price each Remarks
Full impulse test 2500 kVA and smaller $900
Heat Run Test, OA
rating or one rating
only*
1000 kVA and smaller $2400
Heat Run Test, OA
rating or one rating
only*
1500 kVA up to and
including 2500 kVA
$2700
Heat Run test, each
add. FA ratinq*
2500 kVA and smaller $10s0
Sound level test, one
rating only
2500 kVA and smaller $600
sound level test, each
additional ratinq
2500 kVA and smaller $400
Insulation P/F test (not
doble test)
2500 kVA and smaller $200
Oil Quality test 2500 kVA and smaller $200
Per sample
Outside Lab
Oil DGA test 2500 kVA and smaller $400
Per samDle
Outside Lab
Short Circuit test 2500 kVA and smaller TO BE REQUESTED Outside Lab
Witness testing*2500 kVA and smaller $750 per day To be scheduled in
advance
1. Procluet and company identifie ation
Product name
Supplier
Il4aierial u$es
Produci code
Validatiori date
Version
!!!se,s€-eie-meluercv
Product iype
Caltran 60-30
Calumet Speclalty Products Partners, L. P.
2780 Waterfront PkwY E. Dr.
Suite 200
lndianapolis, lndiana 462'14 USA
Technical Services: 3'1 7-328-5660
Petrochemical industlvl
3020-11-J
12111!2012.
1
24hr, CHEMTREC 1-800-424-9300 i lntsrnational'l-703-527-3887
Liquid.
Petroleum refining. Naphlhenic Lubdcant.
2. F{azards identifieation
Emeroencv o.lerview
Physical state
Color
Odor
Hazard stateiriilntE
OSHA/HCS status
Routes of entry
Potential ac {iqbei:llh effgcls
Inhalatioo
lngestion
skin
Eyes
See toxicological informaiion
Liquid. [Mobile liquid I
Colorless to light yellow.
Mild. Hydrocarbon.
HARMFUL.'AB.FATAL IF SWALLOWED- CAN ENTER LUNGS AND CAUSE
DAMAGE,
While this material is not considered hazardous by the oSHA Hazard CommLrnication
Standard (29 CFR 1910.1200), this MSDS contains valuable informatron critical to the
safe handlrog and proper use of the product This l\ilSDS should be retained and
available tor employees and olher users of this producl
Eyes, Skin, lngestion, lnhalation
No known significant effects or critical hazards
Aspiration hazard if swallowed. Can enter Iungs and cause damage.
: No known signrficant effects or criiical hazards.
: No known significant ef+-ects orcritical hazards.
(Section 11)
3. eornpositionlinforrnatisn en ingreeiiemts
l! ar-,1!CAS number % try rreight
Distillaies (petroleum), hydrotreated light naphthenic 647 42-53-6 99 - 100
There are no additional ingredienis presert whiclr, wiihin ihe current knowledge oi ihe supplier afld in the
concentlations applicable, are classified as hazardous to health or the environment and hence rcquire reporling
in this section.
1Zfi112n1?.30:10-00-D Parent 1/7
CaltraD 60-30
4. First aid measures
Eye contact
Skin contact
lnhalation
lngestiolr
Protection of f irst-aiders
Check for and remove any contact lenses lmmediately flush eyes with plenty of water
for at least 15 minuies, occasionally lifting the upper and lower eyelids, Get medical
attention immediately.
ln case of contact, immediately flush skin with plenty of water for at least 15 minutes
while removing contaminated clothing and shoes. Wash clothing before reuse. Clean
shoes thoroughly before reuse. Get medical attention rmmediately.
Move exposed person to fresh air lf not breathing, if breahing is irregularor if
respiratory arrest occurs, provide adificial respiration or oxygen by trained personnel.
Loosen tight clothing such as a collar, tie, belt or waistban d. Getmedical attention
immediately
Wash out mouth with water. Do not induce vomiting unless directed to do so by medical
personnel. Never give anything by mouth to an unconscious person. Get medical
attention immediately
No action shall be taken invovrng any personal risk or without suitab le training ltmay
be dangerous to the person providing aid to give mouth-to-mouth resuscitation.
5" Fire-fighting tneasures
Flamrnability of the product
Extinquishinq media
Sufable
Not su itable
Special exposure hazards
l"lazardous thermal
decornpositioI products
Special protective
equipment for fire-fighters
: ln afireorif heated, a pressure irlcrease will occur and lhe contalner may bursl.
: tlse an extinguishing agent surtable for the surrounding fire.
: None l<nown
: Promptly isolate the scene by removing all persons fuom the vicinity of the incident if
there is a fire No actron shall be taken involving any personal risk or without suitable
training.
Decomposition products may include the following materials:
carbon dioxide
carbon monoxide
Fire-fighters should wear appropriate protective equipment and self-contained breathing
apparatus (SCBA)with a full face-piece operated in positive pressure mode
6. Accidental release measures
Personal precautions
Environmenta I precautions
Methods for cleaninq uo
Small spill
Largs spill
No action shail be taken rnvolving any personal risk or without suitable trainrng.
Evacuate surroundlng areas. Keep unnecessary and unprotected personnel from
entering Do not touch orwalk through sPilled materiat. Avoid breathing vapor or mist.
Provide adequate ventilation. Wear appropriate respiratorwhen ventilation rs
inadequate. Put on appropriate personal proteclive equipment (see Section 8).
Avord dispersal of spilled material and runoff and contact with soil, waterv/ays, drains
and sewers lnform lhe relevant authorities if the ploduct has caused environmental
pollutron (sewers, waterways, soil or air).
Stop leak if without risk- Move containers from spill area. Drlute with water and mop up
ii water-soluble. Alternatively, or if water-insoluble, absorb with an inert dry material and
place rn an appropriate waste disposal container. Dispose of via a licensed waste
drsposal contractor.
Stop leak if without nsk Move containers from spillarea. Approach release from
upwind. Prevent entry into sewers, water courses, basements or confined areas. Wash
sprllages into an effluent treatment plant or proceed as follows. Contain and collect
spillage with non-combusiible, absorbent material e.g. sand, earth, vermiculite or
diatomaceous earth and place tn container for disposal according to local regulations
(see Section 13). Disposeof via a licensed waste ciisposal contractor. Contaminated
absorbent material may pose the same hazard as the spilled product. Note: see
Section '1 for emergercy contact information and Section 13 for waste disposal.
12t1112012.3020-00-D Parent 2fi
7. hlandling and storage
I'land ling
Storage
pro , drinking and
d in ed and
wa and smoking.
ing eating areas
Do nct swallow Avoid contact with eyes, skin and clothing. Avoid breathrng vapor or
nrist. Keep in the original contaaneroran approved alternative made from a compatible
material, kept trghUy closed when not in use. Empty contaillers retain produci residue
and can be hazardous. Do not reuse container'
8 Exposure controls/personal protection
lngiedient Exposure limits
Distillates (pelroleum), hydroireated light
naphther'ric
ACGIH TLV (United States, 3/20'12).
TWA: 5 mg/m" 8 hours. Form lnhalable fraction
NIOSH REL (United States,612009).
TWA: 5 mg/m" 10 hours. Form: lvist
STEL: 10 mg/m" 15 rninutes. Form. Mist
OSHA PEL (United States,6/2010).
TWA: 5mg/m"8hours.
Recommended monitorin g
procedures
Engineering measu res
Hygiene tneasures
Personal Brotection
Respiratory
Hands
hazardous substances,Ivill also be requlred.
sufficient to
ns ingredients
r other
or statutory
limits.
: Wash hands, forearms and face t
ealing, smoking and using the lav
Appropriate techniques should be
\\iash contaminated clothing befo ty
showers are close to lhe workstation location.
: Use a properly fitted, air-purifying or air-fed resplrator complying with an approved
standaro ii a risk assessmeni indicates this is necessary. Respirator selectlon mustbe
based on known or anticlpated exposure levels, the hazards of the product and the sale
workrng limits of the selected respirator'
glove manufacturers. ln the case of mixtures, conslsiing of several substances, the
protection time of the gloves cannot be accurately estimated
12111t2012.3020-00 D Parent
S. Exposure controls/personal protection
Eyes
Skin
Environmental exposure
cofltrols
Safety eyewear complying with an approved standard should be used when a rrsk
assessment indicates this is necessary to avoid exposure to liquid splashes, mists or
dusts. lf contact is possible, the following protection should be worn, unless the
assessment indicates a higher degree of protection. safely glasses wlth side-shields'
Personal protective equipment for the body should be selected based on ihe task being
performed and the risks involved and should be approved by a specialist before
handling this product.
Emrssions lrom ventilation or work process equipment should be checked to ensure
ihey comply with the requirements of environmental protection legislation. ln solne
cases, fume scrubbers, filters or engineering modificatlons to the process equipment
wrll be necessary to reduce emissions to acceptable levels.
9. Physical and chemical properties
Plrysical state
Flash point
Color
Odor
Relative density
Viscosity
Solulrility
API Gravity @60"F
Pour Point 'C
Liquid. [Mobile Iiquid.]
Open cup: 149'C (300.2'F) lcleveland.]
Colorless to light yellow
Mild. Hydrocarbon
088
Kinematic (40'C (104'F)): 0.1 cm'/s (10 cst)
lnsoluble in the followng materials: cold water and hot water.
-55
10. Stability and reactivitY
Chemical stability
conditions to avoid
I ncompalible materials
Hazardous decomPosition
products
Possibility of hazardous
reactions
The product is stable.
No specific data
No specific data.
Under normal conditions of storage and use,
not be produced.
Under normal conditions of storage and use,
hazardous decomposition products should
hazardous reactions will not occur.
1 1. Toxieological information
Producuingredient name Result Species Dos e Exposu re
Distillates (petroleum).
hydrotreated light naPhthenic
LC50 lnhalation Dusts and mists
LDs0 Dermal
LD50 Oral
Rat
Rabbit
Rat
5.7 mgi I
>2000 mg/kg
>5000 m9/kg
4 hours
Acute toxic itv
Conclusion/Summary
Chronic toxicit.v
Conclusion/SummarY
carcinoqenicity
Conclu sion/Su mma ry
Classification
Not available
; Not available.
: Not available.
ProducuiDgredieni name ACGIH IARC EPA NIOSH NTP OSHA
Distillates (petroleum),
hydrotreated iight naphthenic
12.t1112012.3020-00-D Parent 4n
Caltran 60-30
1 1. Toxicological information
Mutaqenicitv
Conchrsion/Summary
Teratoqenicitv
Conclusion/Summary
Reoroductive toxicitv
Conclusion/Summary Not available.
12. Ecological information
; Not available
: Not avarlable.
Ecotoxicity
Aquatic ecotoxicitv
Conclusion/Summary
Persistence/deqradabililv
Conclusion/Sumnrary
: No known significant effects or critical hazards.
: Not available.
Not available.
13. Disposal considerations
Waste disposal : The generation of waste should be avoided or minimized wherever possible. Disposal
of this product, solutions aDd any by-products should at all times comply with the
requirements of environmental protection and waste disposal legislation and any
regionallocal authority requirements. Dispose of surplus and non-recyclable products
via a licensed waste disposal contractor, Waste should not be disposed of untreated to
the sewer unless fully compliant with the requirements of all authorrties with jurisdiction.
Waste Dackaging should be recycled. lncineration or landfill should only be considered
when recycling is not feastble. This material and its container must be disposed of in a
safe way Care should be taken when handling emptied containers that have not been
cleaned or rinsed out. Empty coniainers or linels may retain some product resadues.
Avoid dispersal of spilled material and runoff and contact with soil, walerways, drains
and sewers.
Disposal should be in accordance with applicable regional. national and local laws and regulations.
Refer to Section 7: HANDLING AND STORAGE and Section 8: EXPOSURE CONTROLS/PERSONAL PROTECTION
for additional handling irformation and protection of employees.
1 4. Transport information
Regulatory
information
UN number Proper shipping
name
C lasses PG-Labei Additional
information
DOT Classification Not
regulated
IMDG Class Not
regulated.
IATA-DGR Class Not
regulated.
PG'; Packing group
12t11t2012.3020-00-D Parent 517
CG Power Systems USA lnc
Registered Offce & Plant:
One Pauwels Drfue
Wash,ngtofl MO 63090
#h.
%ffi
Sma,l solulions.
StDng rolalionships
SUBJEGT: Certification of compliance with federal laws governing PCB content
of oil and oil-filled transformers.
REFERENCE: Final rule on PCB's per Environmental Protection Agency Part lV
Federal RegisterVol.44, Nos- 106, dated May 31, 1979
As part of our program for compliance with Federal Environmental Laws, we are
required Io maintain and certify that our product and production oil system contains
less than 50 PPM of PCB's (Polychlorinated Biphenyls.)
This letter is to certify that cG Power Systems USA lnc supplies insulating oil-filled
equipment with oil which contains less than 1 PPM PCB'S.
our suppliers of oil have ceriified to us that no PCB's are introduced into the oil any
time during their processing.
We have no knowledge that CG Power Systems USA Inc has produced a product
coniaining over 50 pPM of PCB's. Our certification is maintained by ensuring that all
new oil received at our plant is PCB free, by periodic testing of samples from various
plant locations and requiring thai relumed product containing oil be ceflfied to less
than 1 PPM PCB.
The serial numbers for certified transformers will be 89A- or later. The first two
numbers are the year and the lefter is the month of order entry.
we do not anticipate transmitting test results in the form of reports or guarantees for
specific individual units,
Jeff Barnes
Total Quality Manager
CG Porver Systems USA Inc
Onc Pauwels Drive, Washington, Missouri 63090, USA
T: + t 636 239 9100 F: + 1 636 239 9398 Wi w\,llv.csslobal.com
CANCELLATION SCHEDULE
Sally Kleekamp Brian McCarrick
Account Specialist Product Sales Manager
The controlled copy ofthis document is located on the SharePoint Intranet Site
This copy was printed on l0/t4l2015 at l0:06 AM PSUS-Sally Klcekamp.
Av^N'rHA
STA'TUS SALES I'RICD
Order Acknorvledged 5%
Schedulcd
. Order Scheduled )0,.1
Engineering
. Drawings Isslred t5clo
Production Conhol
. Final Material Ordered 30sa
. Schedules Issued To Pla[t 35"t
Tr ansformer Prodnction
. Ta[k Startcd 5os"
. Core Staned 65%
. Coil Started 15qa
. Advanced Assenrbled Parts
(Core & Coils)
I ooo/.,
. Oven Llt)an
. Tinked tooEa
. Tesred tooq.
. Final Assembly )00qc
. Dock t00qa
Shipped tu)o/c
CG Services
Division FIELD SERVICE RATES
PRICE SCHEDULES
The following rates are applicable per each personnel working on behall oI CG Services Division.
DAILY RATE. . 91,250.00 per day or any part thereof.
The darly rate is applicable to all days, including travel days and days at the job site, whether worked or not.
The regular workday is considered to be eight (8) hours, maximum 5 days / week, l\,4onday thru Friday
between 6:00 a.m. and 6:00 p.m-
HOLIDAY RATE .......... . ......... 91,750.00 per day or any part thereof.
This holiday rate is applicable to all US and Canadian holidays that are actually worked (workday).
OVERTIME RATE . ............ ........9225.00 per hour or any part thereof .
This overtime rate is applicable to all days and holidays when actuai time worked exceeds eight (8) hours.
SPECIAL RATE............... ........... $225.00 per hour or any part thereof.
Special rate is applicable for any night work executed between 10:00 p.m. and 6:00 a.m. unless part of
scheduled and agreed night working shitt
SUNDAY RATE.. . . ...... ............$300.00 per hour or any part thereof.
Sunday rate is applicable for any Sunday work executed during all hours. Rates are per person.
Travel Time
Travel Expense
Standby Time
Terms of Payment
Malerials
Travel time shall be billed al $1,250.00 per day to and from the location or
site.
Travel ex@nse shall be based on actual air lare costs, plus 25%. Extra
charges for excess luggage will be charged.
All hotels, meals and other misc, travel charges will be based on actual
costs plus 25%.
Any waiting time when the service engineer is avarlable to work, up to a
maximum ol eight (8) hours on any one workday or holiday, will be
regarded as time actually worked and will be billed at the applicable rale.
Net 30 days from the date of rhe invoice.
All materials (including rental equipment, tooling, etc.) will be invoiced at the
full cost plus 25%.
Revised 03/07/2014
CG Services
Division
Responsibility
lnsurance Certilicales
Scheduling
Transportation
Miscellaneous
lmportant
FIELD SERVICE RATES
CG Services cannot accept any responsibility for the workmanship,
equipment, or materials provided by others.
lnsurance certficates for workmen's compensation and liability can be
provided by CG Services upon sutficient advance notice.
A minimum of two (2) weeks advance nolice and a purchase order
descnbing the exact services to be rendered shall be provid€d to CG
Services when scheduling a service engineer.
Transportation may be arranged by the client free of charge or will be
invoiced at current prices plus 2570.
Special equipment, parts or tools are not included in before mentioned
prices - please consult CG Services.
No employee of CG Services is authorized to work on equipment which has
not been electrically isolaled and grouoded by lhe owner or his authorized
agent
Revised 03/07/2014
REGEIVED
JAN 13 2016
CITY CLERK'S OfFICE
RECEIVED
JAN t 2 20t6
STAFF REPORT
VERNON GAS & ELECTRIC DEPARTMENT
DATE:
TO:
FROM:
RE:Approving the Issuance of One Notice Inviting Bids for eualified
Manufacturers and Distributors for the Replacement of Circuit Breakers at
Leonis Substation Identified as a Capital Improvement Project
Recommendation
A. Find that approval of the proposed issuance of an Invitation to Bid is categorically
exempt under the Califomia Environmental Quality Act (CEeA) review, in accordance
with CEQA Guidelines section 15301. because the project consists ofthe maintenance,
repair or minor alteration of existing equipment and involves negligible or no
expansion of an existing use. The equipment referenced herein merely replaces older
equipment and improves electric system efficiency and reliability in Vemon; and
B. Approve the issuance of Notice Inviting Bids to qualified manufacturers and
distributors for the procurement of necessary vacuum filled Circuit Breakers at Leonis
Substation in order to maintain safety, capacity and reliability.
Background
City of Vemon's electric distribution system master plan provides a forecast of future electric
demands that is used in conjunction with the system planning and reliability criteria to determine
which equipment upgrades or new facilities are needed to serve system requirements capable of
providing safe, reliable, and cost-effective service to Vernon's electric customers.
Vemon has four major substations that serve the 7 and 16 KV electric distribution system,
namely Leonis, vemon, Ybarra and Mccormick substations. Leonis Substation has three
transformer banks of 6617 KV and two transformer banks of 66116 KV connected to the electric
distribution system. The 7 md 16 KV feeders exiting Leonis Substation provide power to nearly
35% of the city's customers, successfully meeting their electric demands. The feeders, prior to
exiting the Substation, are connected to circuit breakers. A circuit breaker is used as a
mechanism to trip a feeder off line in the case ofsevere abnormalities in the distribution svstem.
January 19,2016
Honorable Mayor and City Council
Carlos f,'andino Jr., Director of Vernon Gas & Electric Depa
Originator: Ali Nour, Utilities Engineering Manager ,\p\t/
Page 1 of2
At Leonis Substation there are (37) 7 KV circuit breakers and (14) 16 KV circuit breakers.
Installed in the early 1950s and 1960s, the majority are oil-filled circuit breakers, have exhausted
their useful life, and are considered obsolete and not environmentally friendly. Many of the
breakers show evidence of oil leaks and the existing components oi the uniis u." no long".
manufactured. Due to component inaccessibility, it is required that replacement parts be crafted
by special machine shops and, when these parts are needed, it c."ut". an unacceptable situation
where a feeder has to be out of service for a lengthy period in order to aciommodate the
tumaround time for the production of specialty replacement part(s).
Staff is recommending to replace the existing obsolete oil-filled circuit breakers at Leonis
Substation systematically, such that replacements wilt not impact electric service continuity to
customers. Staff has identified (20) 7 KV circuit breakers as the first priority. The Invitation to
Bid will identi$, the manufacturers and their pricing for the new vacuum circuit breakers. The
Invitation to Bid will follow the City's policies and procedures and will detail the Department's
equipment specification. The circuit breakers will be ordered in quantities of four and the
engineering and the replacement will be accomplished by City personnel.
Fiscal Impact
It is expected that a not to exceed amount of 5450,000 will be applied toward the purchase of the
circuit breakers at Leonis Substation over the course of the next two years. This purchase has
been identified as a capital Improvement Project expense and has been budgeted accordingly.
Attachment(s)
1. Notice Inviting Bids for 7KV Circuit Breakers
Page 2 of 2
City of Vernon
Specification No. CB7-2OL6-L
Furnish and Deliver
Medium Voltage Vacuum Circuit Breakers
15.5kV, 1200Amp, 40,000A1C
For the
Department of Gas & Electric
7
City of Vernon
NOTICE INVITING BIDS
To Furnish and Deliver
Medium Voltage Vacuum Circuit Breakers
15.5kV, 1200Amp, 40,000A1C
Department of Gas & Electric
Three (3) copies of sealed bids will be received prior to Monday, February
22,2016,2:00 PM by the City Clerk, 4305 Santa Fe Avenue, Vernon, CA
90058, and will be opened at that time and place.
The bids shall be clearly titled. Copies of the Specifications may be obtained
by mail, City of Vernon Website or in person from the Gas & Electric
Division, 4305 Santa Fe Avenue, Vernon, CA 90058, telephone No. (323)
583-8811 Ext. 825
Refer to the specifications for complete details and bidding requirements.
Circuit Breakers size and anticipated order quantities are identified in the
Attachment Unit Price Bid Form. The specification and this notice shall be
considered a part of any contract made pursuant thereunder.
z
City of Vernon
lnstructions for Bidders
And
Specification No. CB7-201G-1
Medium Voltage Vacuum Circuit Breakers
15.5kV, 1200Amp, 40,000AtC
City personnel with whom prospective bidders will deal with are:
Ali Nour, Department of Gas & Electric, 4305 Santa Fe Avenue, Vernon, CA 9005g-
(323) 583-8811 Ext. 316
Javier Valdez, Department of Gas & Electric, 43OS Santa Fe Avenue, Vernon, CA 9005g_
(323) 583-8811 Ext. 825
Marisela Martinez, Purchasing Division, 4305 Santa Fe Avenue, Vernon, CA 9005g -
(323) 583-8811 Ext. 235
Bid opening time is 2:00 PM Monday, February 22,2016
Bids will be received and opened at the office ofthe city clerk, 4305 santa Fe Avenue,
Vernon, CA 90058
The bid must be received by the City Clerk prior to the time set for bid opening. A bid
received by the city Clerk after the time set for the bid opening shall not be considered.
3
TABLE OF CONTENTS
PAGE
Ntr t tLt tNrvt I tNo 6t1r5
PART l: REqUIREMENTS AND TNSTRUCTTONS TO 8tDDERS.....................6
1.0 GENERAT INSTRUCTIONS
General Bid Requirements
6
L.7 6
1.2 Bidder Must Make Thorough tnvestigation
Acceptance of Conditions
6
1.3 6
7.4 Truth and Accuracy of Representation
City Changes to the Bid Documents
7
1.5 7
1.6 Notice Regarding Disclosure of Contents of Documents
Award of Bid and Determination of Responsiveness
7
7.7 7
1.8 Error and Omissions 8
1.9 Patent Fees; Patent, copyright, Trade Secret and Trademark Fees 8
1.10 Ta xes 8
2.O SPECIAL CITY REqUIREMENTS 8
2.L tiving Wage Ordinance and Prevailing Wage Where Applicable 9
2.2 Equal Employment Opportunity tn Contracting 9
2.3 Affidavit of Non-Collusion by Contractor 9
2.4 Local Preferences 9
3.0 GENERAL SPECIFICATIONS 9
).,t Bid Order Quantities 10
3.2 Eva luation of Bid 10
3.3 Total Ownership Cost 10
3.4 Award of Contract 10
3.5 Duration of Contract 10
3.6 Sample Purchase Contract 11
3.7 License and Permits 11
3.8 Substitution for Patented and Specified Articles 11
3.9 Bid Your Full Equal or Better 1,1,
3.10 Exceptions and Exclusions 1,L
3.11 Liability lnsurance 11
3.72 Order and Delivery 12
3.13 For Delivery 12
3.74 Most Favorite Customer L2
4.O DOCUMENTATION 1,2
4.1 For Bid Evaluation 72
PART ll: DETAItED SCOPE SpECtFtCAT|ONS...................-1,4
28
SIGNATURE PAGE AND LEGAL STATUS
4
29
1 BIDDER'S CHECKLIST
2 UNIT PRICE BID FORM
3 AFFIDAVIT OF NON-COLUSION
4 VENDOR LIST QUESTIONNAIRE
5 PURCHASE CONTRACT
6 LAIBILIry INSURANCE REQUIREMENTS
Exhibit A - LIVING WAGE ORDTNANCE AND pREVAtLtNG WAGE
Exhibit B - EQUAL EMPLOYMENT OPPoRTUNITY IN coNTRAcTING
5
1.0 GENERAT INSTRUCTIONS
1.1 GENERAL BID REQUTREMENTS: To be considered, a bidder must follow the
format for bids in the specifications, as listed in the bidder,s checklist. Bids
must be binding and firm. Any bids may be withdrawn before bid opening but
not for 90 days after opening.
1.2 BIDDER MUST MAKE THoRoUGH INVESTIGATIoN: It is the bidde/s
responsibility to examine the location of the proposed work, to fully acquaint
themselves with the specifications and the nature ofthe work to be done. The
bidder shall have no claim against the City based upon ignorance ofthe nature
and requirements of the project, misapprehension of site conditions, or
misu nderstanding of the specifications or contract provisions.
1.3 ACCEPTANCE OF CONDITIONS: By submitting a bid, each bidder expressly
agrees to and accept the following condition:
1.3.1 All parts of the lnstructions to Bidders and Specifications will
become part of the Contract between the selected bidder and the
City;
1.3.2 The City may require whatever evidence is deemed necessary
relative to the bidder's financial stability and ability to complete
this proiecu
1.3.3 The City reserves the right to request further information from
the bidder, either in writing or orally, to establish any stated
qualifications;
1.3.4 The City reserves the right to solely judge the bidder,s
representations, and to solely determine whether the bidder is
qualified to undertake the project pursuant to the criteria set
forth herein. The bidder, by submitting a bid, expressly
acknowledges and agrees that the judgment of the City as to
whether or not the bidder is qualified to perform the project, shall
be final, binding and conclusive;
1.3.5 The City reserves the right to reject all bids, waive any irregularity
in any of the bids, or cancel or delay the project at any time;
6
7.4
1.5
1.3.6 This bidding process does not commit the City to award any
contract, and the City is not liable for any cost incurred by the
bidder in the preparation and submission of a bid.
TRUTH AND ACCURACY OF REPRESENTATTON: False, incomplete or
unresponsive statements in connection with the bid may be sufficient cause for
rejection of a bidder.
CITY CHANGES TO THE BtD DOCUMENTS: The City reserves the right to change
any part of these lnstructions to Bidders and Specifications any time prior to
the bid opening. Any changes shall be in the form of addenda and will become
a part ofthe bid documents and ofthe contract. Addenda shall be made
available to each bidder. Bidders must return a signed acknowledgement to
receipt for each addendum with their bid. The receipt acknowledgment of all
addenda will cause the bid to be deemed incomplete and nonresponsive. lf the
City determines that a time extension is required for the bid, the addenda will
give the new submission date.
NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENTS: Ail bids
accepted by the City shall become the exclusive property of the City. Upon
opening, all bids accepted by the City shall become a matter of public records
and shall be regarded as public, with the exception of those elements of each
bid which are identified by the bidder as business or trade secrets any plainly
marked as " trade secret," " confidential," or "proprietary.,, Each element of a
bid which a bidder desires not to be considered a public record must be clearly
marked as set forth above, and any blanket statements (i.e., regarding entire
pages, documents, or other non-specific designations) shall not be sufficient
and shall not bind the City in any way whatsoever. lf disclosure is required
under the California Public Records Act or otherwise by law (despite the
bidder's request for confidentiality), the City shall not in any way be liable or
responsible for the disclosure of any such records or part thereof.
AWARD OF BID AND DETERMTNATTON OF RESPONSTVENESS: purchase Orders
shall be awarded to the lowest responsive and responsible bidde(s) for each of
the items listed on the unit price bid form. tn determining whether a bidder is
responsible, the following shall be considered:
1.7.1 The quality of the material or service offered;
1..6
L.7
7
t.7 .2 lhe ability, capacity and skill of the bidder to perform the contract
or provide the material or services;
1.7.3 Whether the bidder can perform the contract or provide the
service promptly, or within the time specified, without delay or
interference;
1.7.4 The sufficiency of the bidde/s financial resources and the effect
thereof on his ability to perform the contract or provide the
material or services;
1.7.5 The character, integrity, reputation, judgment, experience and
efficiency of the bidder;
1.7.6 The quality and timeliness of the bidder,s performance, if any, on
previous orders or contracts for the City;
1.7.7 Litigation by the bidder on previous orders or contracts with the
City;
1.7.8 The ability of the bidder to provide future maintenance and
service where such maintenance and service is essential;
ERROR AND OMISSIONS: Bidders shall not be allowed to take advantage of
any errors or omissions in the lnstructions to Bidders or Specifications. Full
instructions will be given if such error or omission is discovered and timely
called to the attention of the City.
Each bidder shall include in the price bid any patent fees, royalties and charges
on any patented article or process to be furnished or used in the prosecution of
the Work.
1.10 TAXES: Price bid shall include all federal, state, local, and other taxes.
2.0 SPECIAT CITY REQUIREMENTS:
There is a separate packet of forms as part of these specifications that a bidder
must complete to establish compliance with a number of special City of Vernon
requirements, including, but not limited to, Equal Employment in Contractin& an
Affidavit of Non Collusion and a Vendor List euestionnaire Form. These forms and
their instructions should be considered an integral part of the specifications and
failure to complete them shall be grounds, in the sole discretion ofthe City, for
rejections of any bidder.
1.8
1.9
8
2.2
Contractor, or subcontractor, if any, working on City service contracts of any
amount, as to all employees spending time on city contracts shall observe the
city's Living wage ordinance and all requirements thereof at all times on city
contracts. The Current Living Wage Standards are set forth in Exhibit ,,A,,.
Upon request, certified payroll shall be provided to the City.
EQUAL EMPLOYMENT OPPORTUNTry tN CONTRACTTNG: Contractor certifies
and represents that during the performance of this Contract, it and any other
parties with whom it may subcontract shall adhere to equal employment
opportunity practices to assure that applicants, employees and recipients of
service are treated equally and are not discriminated against because of their
race, religion, color, national origin, ancestry, disability, sex, age, medical
condition, sexual orientation or marital status. contractor further certifies that
it will not maintain any segregated facilities. Contractor further agrees to
comply with The Equal Employment Opportunity practices provisions as set
forth in Exhibit "8".
VENDOR LIST QUESTTONNATRE: Each bidder must submit a completed Vendor
List Questionnaire included in Attachment No.4, unless bidder has submitted
an approved form on file with the City
AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR: The City requires that each
bidder executes and submits to the City with the Bid, the Affidavit of Non-
Collusion included in Attachment No. 3.
LOCAL PREFERENCES: The City of Vernon is committed to promoting the
economic health and well-being of its residents. To this end, contractor agrees
to recruit Vernon residents initially and to give them preference, if all other
factors are equal, for any new positions that result from the performance of
this contract and which are performed within the City.
2.3
2.4
2.5
2.1 LIVING WAGE ORDINANCE AND PREVAILING WAGE WHERE APPLICABLE:
9
3.0 GENERAT SPECIFICATIONS:
3.1 BID ORDER QUANTITTTTES: The quantities contained in the bid documents are
approximate only and are for the sole purpose of comparing bids. The City may,
in accordance with the specifications, order circuit Breakers as needed at the
City's sole discretion. payment will be made for the quantities actually
provided as determined by the city and accepted at the unit price noted in the
bid. The bid will be awarded to the responsive and responsible bidder(s) .
3.2 EVALUATIoNoF BrD: The city of Vernon reserves the right to reject any or alr
bids or any part thereof, and to waive any minor technicalities from the
specifications. The contract award will be made from among responsive and
responsible bidders meeting the scope specification requirements set forth in
Part ll "Detailed Technical Requirement,,. The Contract will be awarded to one
bidder per item listed on the unit price Bid Form. To be considered responsive
on a particular Circuit Breaker bidders must bid in the location indicated in the
detailed Unit Bid Price Form listed under,.Bid Unit price,,. lf a bid is marked
,,0", ,,NO BlD,,, or is left blank, then it will be considered to not have been bid.
3.3 AWARD oF coNTRACT: Evaluation of the bid will be based on the competitive
bidding process. A contract will be awarded to the lowest responsive and
responsible bidder for each "ltem" listed on the Unit price Bid Form.
3.4 DURATION OF CONTRACT: The initial term for any contract resulting from
these Specifications shall be two (2) years from the date of execution by the
City. The contract may be extended for a period of up to two additional one-
year periods, with the approval ofthe City Administrator and without further
City Council approval. Approximately 60 days before the end of any contract
period the Contractor may request changes in the Bid Schedule, however, any
proposed price increase shall not exceed the percentage ofthe then applicable
Producers Price lndex. (PPl) for the most recently available 12 month period.
3.5 SAMPLE PURCHASE CONTRACT: A sa mple of the purchase contract the
successful bidde(s) will be required to enter into with the City contract
included in Attachment No.5 and by this reference incorporated herein and
made part of these specifications.
10
3.6 LICENSE AND PERMITS: Contractor shall obtain and pay for any requ ired
business license. For further information, contact Community Services
Department at (323) 583-8811, Monday- Thursday between 7am and 5:30pm.
Wherever these
specifications specify any material or process by patent or proprietary name or
by name of manufacturer, such specification is only for the purpose of
describing the material or process desired and shall be deemed to be followed
by the words and/ or approved equivalent. Any bidder may offer in the
proposal any material or process that is equivalent in every aspect to the
material or process specified. This statement of alternate unit shall clearly
describe the material or process for which the substitution of alternate and
shall provide technical data establishing equivalency.
3.8 BID YOUR FULL EQUAL OR BETTER: Circuit Breakers furnished shall be new,
complete, ready-for-use and of the latest model, shall not have been used in
demonstration or the services and have all the usual equipment as shown by
manufacturer's current specifications and catalogs unless otherwise specified.
3.9 EXCEPTIONS AND EXCLUSIONS: No exceptions and exclusions are permitted.
Contractor shall discuss and resolve all questions with the project engineer
prior to bid opening. Any attachment of exceptions, exclusions or clarifications
to the Bid Proposal will be deemed non-responsive.
3.10 LlABLlry INSURANCE: Proof of insurance is not required to be submitted with
your bid, but will be required prior to the City,s award of the contract. A copy
of the standard insurance is included in Attachment No.6.
3.11 ORDER AND DELIVERY: Orders for Circuit Breakers shall be made by
telephone, fax, or e-mail. Delivery of materials shall be to the Gas & Electric
Department warehouse located at 28OO Soto Ave, Vernon, CA 9OO5g. 7:00 AM
to 3:00 PM, Monday through Thursday. A delivery date of 12 weeks ARO or
less is required. Failure to quote a delivery schedule within this period may
disqualify the bid. All deliveries must be accompanied by a packing slip
indicating those items actually delivered.
3.12 FOR DELIVERY: Supplier shall furnish MSDS and certified test reports and
drawings, as listed in Section 11.1Scope Specifications (part ll Detail Scope
Specifications) one month before Circuit Breakers are shipped.
7t
These Documents shall be submitted to:
City of Vernon
Department of Gas & Electric
4305 Santa Fe Avenue
Vernon CA, 90058
Phone: (323) 583-8811 Ext. 316
Attention: Ali Nour - Electrical Engineering Manager
3.13 Mosr FAVoRITE cUSToMER: contractor agrees to treat the city as its most
favored customer. Contractor represents that all of the prices, warranties,
benefits, and other terms being provided hereunder are equivalent to or better
than the terms being offered by Contractor to its current customers. The City
shall be entitled to any and all other services normally offered by the
Contractor (and/ or manufacturer through the Contractor) to its customers.
Examples of such services are technical training programs, ASE Certification,
inventory certification, access to video tape library, daily deliveries, will calls,
special orders, night deliveries, etc.
4.0 DOCUMENTATION
4.1 FOR BID EVALUATTON: Bidders shall furnish the following in their bid package.
1. Circuit Breaker unit price, F.O.B. Gas & Electric Department warehouse
located at 2800 Soto Ave, Vernon, CA 90058
2. Two sets of dimension and outline drawings.
3. Completed Unit Price Bid Form.
72
SPEC|F|CATION NO. CB7-2016-1
FOR
Medium Voltage Vacuum Circuit Breakers
15.skv, 1200Amp, 40,000A1C
CITY OF VERNON
DEPARTMENT OF GAS & ELECTRIC
13
l. Purpose
This Specification defines a power circuit breaker to be designed and manufactured for
installation and satisfactory operation outdoors under the conditions set forth below.
The power circuit breaker furnished under these specifications shall be in accordance
with all the requirements of applicable ANSI, ASTM, NEMA, and IEEE standards.
The circuit breaker shall be outdoor, three pole, single throw, free standinB, dead tank,
vacuum circuit breaker with options as described herein.
ll. TechnicalSpecification
The Breaker shall meet the following ratings and electrical characteristics:
A. ANsl and IEEE standards: The circuit breakers shall meet all applicable ANSI, IEEE,
and NEMA Standards.
1. ANSI/IEEE C37.06 - AC High-Voltage Circuit Breakers Rated on a Symmetrical
current Basis--Preferred Ratings and Related Required capabilities for voltages
Above 1000 V
2. ANSI/IEEE C37.09 - Standard Test procedure for AC High-Voltage Circuit
Breakers Rated on a Symmetrical Current Basis
3. ANSI/IEEE C37.O4 - Standard Rating Structure for AC High-Voltage Circuit
Breakers
4. ANSI/IEEE C37.LL- Standard Requirements for Electrical Control forAC High-
Voltage (>1000 V) Circuit Breakers
5. ANSI/IEEE C57.13 - Requirements for lnstrument Transformers.
6. ANSI 255.1- Gray Finishes for lndustrial Apparatus and Equipment
7. NEMA SG4 - Alternating Current High Voltage Circuit Breakers.
B. Breaker Type: outdoor, three pole, single throw, free standing, dead tank, vacuum
circu it breaker
C. Required maximum voltage: 15.5kV, RMS
D. lnsulation level:
1. Low Frequency (Dry, 1 minute):50kV, RMS
2. lmpulse Crest (Full wave): 110kV, RMS
E.Rated Continuous Current Rating: 1200 Amp
F. Rated Short Circuit Current: 40 kA, RMS
G. Rated Interrupting Time: 3 cycles
H. Rated Reclosing Time: 15 cycles
l. Rated Permissible Tripping Delan y: 2 Seconds
J. Frequency: 60Hz
K. Maximum Rated Symmetrical lnterruptint Current:4OkA, RMS
t4
1.3-Second Short Time Current Rating: 40kA, RMS
M. Close and tatch (peak): 108
N. Duty Cycle: 0 - 0.3 Seconds
O. Closing Control Voltage: 90-14OVDC
P. Tripping Control Voltage: 7G.14OVDC
Q. Motor Voltage: 125VDC
R. Heater Voltate: 120VAC
S.Temperature Range: -30 degrees to +40 degrees Celsius
T.Seismic Zone: Zone 4 as described by ANSt/tEEE 693-1984
U. wind Load: withstand a wind load of 90mph imposed upon the structure supporting
the terminal connection per ANSI C37.04 Section 6.2.
V. Altitude: Rated for altitudes up to 3300 ft. above sea level per ANSI c37.04 section
4.2.2.
w. Finishing: The enclosure shall be painted ANSI #70 light gray with a TGrc polyster
powder coat protective paint finish. Total paint thickness on exterior surfaces shall
be 3.0 mils. Production samples shall have passed 5,OOO hours minimum of salt
spray testing per ASTM 8-117 and ASTM D-1654 procedure .A, with a rating of 6 or
higher.
lll. Components
A. lnterrupter
1. The vacuum interrupters shall be hermetically sealed in high vacuum, protecting
contacts from moisture and contaminated atmosphere.
2. The interrupters shall be maintenance free.
3. Circuit Breaker shall have readily accessible provisions for measuring the
contact wear for each pole
B. Operating Mechanism
1. The mechanism shall be spring-charged stored-energy with electrical charging
motor.
2. The mechanism and control circuitsshall be located in the low voltage
compartment. The mechanism shall not be mounted in a separate housing.
3. The mechanism shall be designed with an integral, manual charging handle.
Charging handle shall not be removable.
4. The mechanism shall be mechanically and electrically trip free and non-pumping
for both manual and automatic operations.
5. The following shall be clearly visible on the mechanism when the outer door is
closed:
a. A non-resettable, mechanical 5-digit operation counter which increases on
each trip operation
b. A mechanical indicator to indicate the open and closed positions of the
circu it breaker.
c. A mechanical indicator to indicate the status of the closing springs.
d. Open and close push-buttons for operating the breaker.
6. The standard design shall have a 12 contact auxiliary switch, of which (5 with DC
control) (6 with AC control) are used for internal breaker wiring.
a. Auxiliary contact shall be rated for 15A continuously or 2504 (VDC) for 3
seconds.
7. The mechanism shall be designed with a latch-check switch as standard.
8. Mechanism shall be equipped with a dual-trip coil.
C. Bushings
1. Six (6) roof bushings with lugs shall be provided. The material shall be porcelain
and ANSI # 70 light gray in color.
2. Bushing terminals shall be threaded stud type and capable of accepting 4-hole
NEMA connectors.
3. Bushings shall have a minimum rating of 15kV, 11OkV BlL. Minimum bushing
creepage distance shall be 24.5".
4. Each ofthe six (6) bushings shall be equipped with a 5-tap, multi-ratio current
transformers. Three (3) of the bushings with a rating of 3000:5, C400 class and
three (3) ofthe bushings with a rating of 1200:5, C400 Class. All secondary leads
shall be terminated on short-circuit type terminal blocks in the low voltage
compartment and can be accessible at all times with the breaker energized.
D. Controls
1. Control wire shall be #14 AWG Type StS for general control and #I2 AWG Type
SIS for CT circuits. Wire color shall be gray.
2. Terminal blocks for control circuits and use/s external connections shall be
provided with terminal marking strips labeled in accordance with the wire
diagrams.
3. When required, short circuit terminal blocks shall be provided with shorting
screws and common shorting bar for each individual current transformer.
4. Control circuit shall be provided with fused switches or low voltage circuit
breakers for disconnecting external low voltage supply circuits.
5. An anti-pump relay shall be provided to inhibit multiple close-open operations in
the event that a continuous close signal is applied.
6. One pistol grip control switch, Electroswitch Series 24, engraved TRlP-CLOSE
shall be supplied.
7. Red and green indicating lamps for closed or open status ofthe breaker shall be
supplied.
8. Space heaters, rated 120VAC, shall be supplied to prevent moisture
condensation in the breaker enclosure. Heaters shall be thermostatica lly
16
controlled and rocated in the low vortage compartment. The heater contror
circuit shall be provided with fused switches or low voltage circuit breakers for
disconnecting external low voltage supply circuit.
9. An emergency manuar trip, ANS| Device Number 69, shafl be provided and sha
be readily accessible on the exterior mechanism side ofthe breaker. lt shall be
labeled "MANUAL TRtp OPEN,, and the actuating handle shall be painted red.
The device shall be operable from the exterior ofthe breaker without the
necessity of open ing any doors, panels, etc. Actuation of thedevicewill block
any electrical closing ofthe breaker until the switch has been manually reset.
lV. Fabrication:
A. MechanicalConstruction
1. The enclosure shall be weatherproofand designed in a modular construction
isolating line potential components from secondary control devices.
2. The high voltage compartment shall house the vacuum interrupter assemblies
supported on standoff insulators.
3. The enclosure shall be provided with lifting eyes for lifting the entire unit during
loading and unloading.
4. The breaker shall be shipped completely assembled. Breakers shall not be
shipped with legs unattached.
5. Ground pads,2"x 3.5"with provisions for NEMA 2-hole connectors, shall be
welded on each side ofthe enclosure for external ground connections. #4
cables from the roof and HV & LV compartments shall be connected internally to
the ground pads to insure a solidly grounded enclosure, with negligible
difference in ground potential between compartments. Enclosure grounding
shall not depend on bolted connections or "star washers,,.
6. The breaker legs shall be painted and have an adjustable height ranBe of 24,,in
3" increments. Total height of breaker shall vary from 101.gg,, minimum to
125.88" maximum.
7. Leg assemblies shall have a galvanized base channel.
8. Outer doors shall have padlockable handles for preventing access to all controls
in the enclosure. Doors are to be gasketless and vertically hinged. provisions
for holding all doors in the open position 180 degrees shall also be provided. lt
shall be documented that the breaker passed rain testing per ANSI C37.2O.2,
Section 5.2.9
9. The low voltage cabinet bottom shall have an g,, x 14,, removable cover for
entrance of user's control conduit. Conduit entry location to be clearly marked
on detail drawings.
10. All external hardware shall be stainless steel.
V. General
A. Manufacturer shall provide a list and option pricing for recommended spare parts.
B. Three sets of all drawings shall be submitted for approval before manufacture.
C. Five copies of all drawings, instruction books, etc. for the installations and
maintenance of the breakers shall be supplied, preferably before the time of
shipment.
D. one copy of all information and instruction books shall be included in each breaker.E. Three electronic copies of certified ratings, test plans, test results, and all other
engineering data including weights, dimensions, and description shall be included.F. cAD drawings including Construction Layout, schematics, and control wiring, etc.
shall be supplied in digital format. (AutoCAD 2013 or newer).
G. Delivery ofthe circuit breakers will be accepted only on a prearranged basis
between the hours of 8:30 am and 2:00 pm Monday through Thursday, excluding
holidays.
H. The manufacturer or driver shall confirm the planned delivery date and time not less
than 48 hours prior to the planned delivery time. Notices must be provided during
normal business day hours.
l. Freight that is obviously damaged on arrival will be refused. Any necessary action
regarding replacement of materials or equipment delivered in unacceptable
condition shall be the responsibility of the supplier. This includes freight damage as
well as items defective from the manufacturer.
J. Freight charges shall be included in the price ofthe breaker. lnvoices for separate
freight charges will not be accepted.
The delivery of the breakers will be staggered. The delivery shall occur 4 at a time over a
2 year period.
Bidders must list all exceptions to these specifications in letterform accompanying the
proposal with sufficient detail to permit evaluation of such deviations.
18
SIGNATURE PAGE AND TEGAT STATUS
The undersigned certifies that he/she is an official legally authorized to bind his/her firm
and to enter into a contract should the City accept this bid.
Bid by
(Name of Firm)
Legal status of bidder: Please check the appropriate box
Corporation/LLC Stateoflncorporation
Partnership List Members (attach additional sheets if necessary)
DBA State fu ll name
Other Explain
Signature of Bidder
Address
(Authorized Signature)
City State _ Zip
Telephone No. ( )
Signed this _ day of
ADDENDUM NO. BIDDER'S INITIALS
DBA
1.
2.
3.
19
ATTACHMENTS
20
BIDDER'S CHECKLIST
The following list is provided to assist bidders to eliminate errors and omissions which
may render your bid unacceptable.
DOCUMENTS TO INCLUDE:
Bid packages must include the following completed documents:
o Signature Page and Legal Status
o Unit Price Bid Form (complete the column entifled "Bid Unit price" - if you do not
wish to bid on a particular item, write "NO BID)
o Affidavit of Non-Collusion by Contractor Form
o City of Vernon Vendor List Questionnaire Form
HOW TO SUBMIT THE BIDS:
/ Bids must be signed and submifted in TRlpLlcATE. Bidder must submit bids in
an ORIGINAL AND TWO COPIES.
/ All bids shall be enclosed in sealed envelopes, distinctly marked "Bid" with the title of the
bid and the bidder's name address appearing on the outside.
/ Bids should be addressed to:
City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058
TIMING TO SUBMIT AND OPEN BIDS
The city clerk must have receivedthe bids by 2:00 p.m., on the day listed in the Notice
lnviting Bids. The city strongly recommends that bidders either hand deliver or mail
well before that time and date to ensure that it is timely received.
At the time of the bid package opening, the city clerk will open the bid packages and
acknowledge the receipt of Unit Price Bid Form from Manufacturer/supplier. once all
bid packages are opened, and the bids announced, the unit price Bid Forms will be
made available for public review.
27
Item Maximum
Voltage
(kv)
Continuous
Current Rating
(Amps)
Short Circuit
Current Rating
(kA)
Number of
units
expected to
be ordered
by city
Unit Price Bid $
1 15.skv 1,200 40 20
2 15.5 KV 1,200 40 Spare parts
for one Circuit
Breaker
List Recommended Spare Parts:
22
UNIT PRICE BID FORM
'r1
AFFIDAYIT OF NON.COLLUSION BY CONTRACTOR
STATEOFCALIFORNIA ISS
couNTY oF LOS ANGELES]
being first duly sworn deposes
and says that he/she is
of
(ln*rt _Sole Ownea, Pannea, _President-, Sec.etar_v, ororher proper litle)
(lnsert nahe of brdder)
who submits herewith to the City or Vernon a proposal;
That all statements of fact in such proposal are true;
That such proposal was not made in the interest ofor on behalfof any undisclosed person,
Partnership. company. association, organization or corporation:
That such proposal is genuine and not collusive or sham;
That said bidder has not, directly or indirectly by agreement, communication or conference with
anyone attempted to induce action prejudicial to the interest ofthe City ofVemon, or ofany
other bidder or anyone else interested in the proposed contract; and funher
That prior to the public opening and reading ofproposals, said bidder:
a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham proposal;
b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or
anyone else would submit a false or sham proposal, or that anyone should refrain from bidding or
withdraw his proposal;
c. Did noq in any manner, directly or indirectly seek by agreement, communication or conference with
anyone to raise or fix the proposal price of said bidder or ofanyone else, or to raise of fix any overhead
profit or cost element of this proposal price, or ofthat of anyone else;
d. Did not, directly or indirectly, submit his proposal price or any breakdown thereoi or the contents
thereoll or divulge information or data relative thereto, to nay corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof, or to any individual or
group of individuals, except the City ofVemon, or to any person or persons who have a partnership or
other financial interest with bidder in his business.
I certifo under penalty of perjury that the above information is correct
By: Title:
Date:
CITY OF VERNON
4305 Santa Fe Avenue, Vernon, California gOO58
Telephone (3231 583-8811
Vendor List Questionnaire
Affidavit of Equal Opportunity & Non Sepregation
ln order to be placed to the city's vendor list and be eligible to receive city business, you must
provide the following information. By submitting this form you are declaring under penalty of
perjury under the laws of the State of California and the laws of the United States that the
information is true and correct. Furthermore, you are certifying that your firm will adhere to
equal opportunity employment practices to assure that applicants and employees are not
discriminated against because of their race, religion, color, national origin, ancestry, disability,
sex or age. And, your firm does not and will not maintain or provide for its employees any
segreBated facilities at any of its establishments, and that it does not and will not permit its
employees to perform their services at any location, under its control, where segregated
facilities are maintained.
Name of Company
Address
Business Telephone
Fax Number
ZipCityState
Contact Person E-mail Address
Tax lD Number (or Social Security Number)
Remit Address (if different)
Please state clearly and concisely the type(s) of goods and services your company provides:
24
25
PURCHASE CONTRACT
City of Vernon
Purchase Contract
City of Vernon
Finance Department
PurchasiDg Division
4305 Sanra Fe Ayenue
Vemon, CA 90058
Phone #: (323) 583-881 I
Fax #: (323) 826-1491
Intemet Address: www.cityofvernon.org/
Vendor Name
Contract Date Am€ndment Page
Buyer:
Ship To:
Bill To:
Start Dare Date Amendment Amount Contmct Total
Qr
I,J)A]l\fiP]Ltr
Important Notice to VerdoN;
Contractor represents that ir has a City approved Equal Employment Opportunity and Non-segregation Affidavit.
The attached Terms ard Conditions ofPurchase Order/Contract shall be part of this Purchase Order/Contract.
Vendors performing services must indicate acceptance of City Terms and Conditions and retum a copy of this
acknowledgement to the City prior to performance. Failure to do so will void this Puchase Order/Contract.
Print or
All shipments, shipping papers, invoices and conespondence must be identified with our Purchase Order/Contracr
Number. Failure to do so may delay payment processing.
are a part of this Purchase
EXHIBIT 7
8t2014
CITY OF YERNON
TERMS AND CONDITIONS OF PURCHASE ORDEWCONTRACT
This is a govemment contract. The terms are not changed by any words added by Contractor, nor superseded because of anv formused by Conractor in the course of business. Any chanige in'ternis must be agreed o byan aurhorized repii;"mdra;f ri. diry. i;writing. Acceptance by the City of goods. materiais or seivices is not an acceprince or c.inrriciort"Gii iiiiri.-
I Contractor agrees to furnish the materials or services described in the Purchase Order/Contracr to which rhis is attached andsubject to all terms and conditions of the Purchase Order/Contract, this Attachment to the Purchase Ordir/Contract and all otheiattachments hereto.
2. Contractor agrees to submit all invoices in duplicare to the address indicared on the Purchase Order/Contracr.
3. Contractor agrees to invoice at net prices without federal excise tax or federal fuel tax.
4. Contractor agrees ro show on all invoices the name of the depanment to which goods or services were fumished, and whether theinvoice covers comDleie or nartial delivery or performanie. rhe Purchase drder/Contracl number and ""y ippticaUt"- c"ittdiscounr-
5. Contractor agrees to prepay transportation charges and show them separately on all inyoices.
6. Contractor agrees to show applicable sales or use tax as separate items on all invoices.
7. Title to all materials furnished under the Purchase Order/Contract shall pass ro the Ciry upon delivery and loading of merchandise
at the F.O.B. point designated in the Purchase Order/Contract.
8. Any item.ordered on the face hereof thar is listed in the Safety Orders of the Califomia Division of Indusrial Safery shall fully
comply with the latesr revised requirements of said Salery Ordeis.
9. All goods, materials and equipment ordered shall, except as otherwise noted in this contract, be delivered in a new and unused
condition.
10. All automotive equipment delivered to the City shall meer all requirements of the latest revision of rhe Califomia Vehicle Code
and oI the Federal Departmenr of Transponalion.
I t.
eans most
days after
necessary
The City
cover any
12. Prior to the issuance of the Purchase Order/Contract, Contractor may be required to provide to City evidence of insurance. Failureto maintain .the required amounts and rypes of coverage throughorit the dirration oT services supplied shall constinrte a mate al
breach of this contract and shall entirle the City to terminate thiiconrract.
defend (even if the allegations are false, fraudulent or
, the City, its City Council and each member thereof, and
ves, from any and all liability, loss, suits, claims,
fe€s and costs of litigation) which in whole or in
contract or tort or patent, copyright, trade s€cret
p€rsons (includirg, but not limited to, companies, or
members of the gen€ral public).
14. Contractor shall not perform work on City owned property, and shall not commence work or cause materials ro be delivered to thejob site, until so authorized in writing by ihe Headbf the Depanment (or designee) for whom the work was ordered.
15. h subcontractor shall
equally and are not
medical condition or
16. Contractor shall obtain a City Business License under the terms and conditions of Vemon City Code, Secrions 5,20, and followiog,
where required.
EXHIBIT 7
812014
17.9,"1T*l:lTl:9L1?r::"-ntt,-YlrruntsandcertifiestharnoofficeroremployeeofrheContractorisadirecror,ofliceroremployee
ol the clty of vemon, or a member ofany boards, commission or commiitees, except to the extent perminea uy taw-
18.
i
i
promptly i
the audit
personnel
19. It is underslood. thar in the performance of any services herein provided, for Contraconractor. and ls nol an agent or employee of Ciry and shall furnish such services in
requrred by this contract. Further, Contracror has and shall retain rhe right to exercise full
)y Contractor in the p€rformance of
20. In case of conflict bet\peen the terms of this contract and the terms of ally other document which is a part of this transactioo, theterms of this Purchase Order/Conhact shall strictly prevail.
2l Contractor.shall not.assign.or lransfer this contmct or any rights hereunder with our the prior written consenr of lhe Ciry which
may be withheld in the City's sole discretion. Any unauthorized assignmenr of transfer shail be null and void and shall conltirute amatenal breach oI Contractor of its obligations under this contract.
22. Time is srrictly of the essence of this contract and each and every covenart, terrn and provision hereof.
23 The Ciry's waiver of any term, condition, breach or default of rhis contract shall not be considered to be a waiver of anv orher
term, condition, default of breach, not ofa subsequent breach of the one waived.
24. The provisions of Vemon's Living Wage Ordinance. Vemon Ciry Code, Sections 2.131, and followinq. reouires rhat conracrorsproviding labor or services to the Ciry pay employees in accordance wirh the Ordinance.
25. The City reserves the right to cancel any portion of this Purchase Order at any time prior to the delivery of Goods and Services.
26. This Purchase Order/Contmct shall be govemed and construed according to the laws of the State of Califomia.
27. This Purchase Order/Contract, including any Exhibits anached hereto, constitutes the entire agreement and undersranding between
the parties regarding its subject matter and supersedes all prior or contemporaneous negotialions, representations, understandings,
correspondence, documentation and agreements (written or oral).
28. Additional terms (All additional terms and conditions must be approved as to form by the City Attomey in \trriring).
EXHIBIT 7
8t20't4
LIABILITY INSURANCE REQUIREMENTS
26
CITY OF VERNON GAS AND ELECTRIC
INSURANCE SCHEDULE (Vendor)
The Contractor shall provide proof of insurance, including a standard certificate of
insurance, in at least the following amounts and coverage (combined single limit permitted)
The general liability policy shall contain the following special endorsements which shall be noted on or attached to
the standard certificate of insurance:
An endorsement naming City, its officers, and employees as insureds under the policy. An endorsement providing
City thirty (30) days notice of cnacellation or material reduction of coverage.
An endorsement providing coverage for all operations under City permit and specifying the activities covered.
Such other endorsements as may be required by addendum hereto.
ln addition to the standard certificate of insurance, proof of general and umbrella liability coverage shall be
fumished in the form checked belo\ r. Certification of the following proofs by the insurance agent or broker will not
be accepted:
For each policy, a notarized letter from the underwriter or canier certifying that the coverage and statemenl in the
standard cerlificate of insurance (attached thereto) are true and conect and that the signator is an officer authorized
to so certih/.
A copy of each policy certified by an officer of the underwriter or carier and nolarized.
Coverage and Limits
Bodlly lnjury Property Damage
Hazards Each Person Each Accident Each Accident
Automobile Liabilitv
Owned Automobile $s00,000 $1,000,000 $500,000
Hired Automobile $s00.000 $1,000.000 $500.000
Non-Owned Automobile $500,000 $1,000,000 $s00,000
Workefs Compensation $ Statutory
Employer's Liability $ 1,000,000 per eEployer
General Liability
Premises Operations $1,000,000 $2,000,000 $1,000,000
Elevators (lf Applicable)$1,000.000 $2,000,000 $1,000,000
lndependent Contractors $1,000,000 $2,000,000 $1,000,000
Products - ComDleted $1,000.000 $2,000.000 $1,000,000
Operations
Contract Liabilty $1,000,000 $2,000,000 $1,000,000
Umbrella Liabilitv $4,000,000 $1,000,000 $1,000,000
Exhibit A
LIVING WAGE STANDARDS
Minimum Livinq Wages:
Article xvlll of chapter 2 of vernon's Municipal code (section 2.13r et seq.l requires employers to pay a
wage of no less than "ten dollars and thirty cents (510.30) per hour with health benefits, or if health
benefits are not provided, then eleven dollars and fifty-five cents ($11.55) per hour."
Paid and Unpaid Days Off:
Employers must provide qualifying employees at least twelve (12) compensated days off per year for
sick leave, vacation, or personal necessity. Employers shall also permit employees to take an additional
ten (10) days a year of uncompensated time for slck leave for the illness of the employee or a mem ber
of his or her immediate family where the employee has exhausted his or her compensated days off for
that year.
Retaliation Prohibited:
No employer may discriminate against any employee for complaining to the City regarding the
employe/s compliance or anticipated compliance wlth the Cit/s Living Wage Ordinance, for demanding
compliance with the Living Wage Ordinance, or for otherwise asserting rights under the Living Wage
Ordinance.
Enforcement:
Employees may bring an action in Superior Court against an employer for back pay, treble damages for
willful violations, and attorney's fees, or to compel City officials to terminate the service contract of
violating employers.
B.
Exhibit B
EQUAL EMPLOYMENT OPPORTUNIW PRACTTCES
Contractor certifies and represents that, during the performance of this Agreement, the
Contractor and each subcontractor shall adhere to equal opportunity employment
practices to assure that applicants and employees are treated equally and are not
discriminated against because of their race, religion, color, national origin, ancestry,
disability, sex, age, marital status, medical condition, sexual orientation or any other
protected class status. Contractor further certifies that it will not maintain any
segregated facilities.
Contractor agrees that it shall, in all solicitations or advertisement for applicants for
employment placed by or on behalf of Contractor, state that it is an ,,Equal Opportunity
Employer" or that all qualified applicants will receive consideration for employment
without regard to race, religion, color, national origin, ancestry disability, sex, age,
marital status, medical condition, or sexual orientation or any other protected class
status.
Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in
the performance of this Agreement, discriminated against applicants or employees
because of their membership in a protected class.
Contractor agrees to provide the City with access to, and, if requested to do so by City
through its awarding authority, provide copies of all of Contractors records pertaining to
the practices subject to this policy, even if the material may be otherwise confidential or
privileged except as prohibited by law.
Nothing contained in this Agreement shall be constructed in any manner as to require or
permit any act which is prohibited by law.
D.
E.
28
REGEIVED
JAN l4 2016
CITY CLERl{'S OFFICE STAFF REPORT
HUMAN RESOURCES DEPARTMENT
RECEIVED
JAN l3 2016
ATIO NCITY ADMINISTR
KE
DATE:
TO:
FROM:
RE:Affirmation of the Appointment of Interim City Administrator and
Ratification of the Execution of a Related Temporary At-Will Employment
Agreement
Recommendation
It is recommended that the City Council:
A. Find that approval of the attached resolution in this staff report is exempt from California
Environmental Quality Act (CEQA) review, because it is a general administrative acrivity
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.
Funhermore, 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 signihcant effect on the environment; and
B. Adopt the attached resolution affirming the appointment of Arnold Jesse Wilson to serve
as the Interim City Administrator of the City of Vemon effective January 11, 2O16, md,
ratifying the execution of a related temporary atwill employment agreement.
Background
As a result of the City Administrator vacancy effective December 28, 2015, the City Council
requested to hll the City Administrator vacancy on an Inrerim basis during the City's ongoing
executive search for a permanent City Administrator. The kague of Califomia Cities was
contacted as an outreach communication resource to let experienced prospective candidates
know of the City of Vernon Interim City Administrator opportunity. Five candidates submitted
resumes prior to the interview date of Tuesday, January 5, 2016, and four candidates were
interviewed. One of the candidates was not available to interview and had limited availabilitv
January 19,2016
Honorable Mayor and City Council
Lisette M. Gnzzelle,,Interim Director of Human Resource
for the month of January. During the Special City Council meeting held on Thursday, January 7,
2O16, the City Council appointed Arnold Jesse Wilson ("A.J." Wilson") to serve as Interim City
Administrator effective January ll, 2016.
Mr. Wilson is a public administration consultant with more than 4O-years of public management
experience. Mr. Wilson was a former Deputy Mayor in St. t ouis, Missouri and City Manager in
the cities of Pomona, Santa Ana, Kansas City, Portland (Maine), and Interim City Manager in
Norco. Mr. Wilson is president of Wilson Communications, LLC, a management services
consulting hrm.
A temporary at-will employment agreement between the City of Vemon and Mr. Wilson has
been prepared by the City Attorney's Office, and has been executed by both parties. The
temporary agreement is slightly different than the standard executive arwill employment
agreement in the following respects: (l) because it is an agreement for a temporary Interim City
Administrator employment assignment, it does not include benefits or leave accruals; (2) the
agreement asks for four (4) business days advance written notice of a resignation as opposed to
the standard 30 day notice requirement and (3) there is no severance pay provision.
Fiscal Impact
All costs associated with the aforementioned interim appointment are being absorbed by the
existing City Administrator department budget.
Attachment(s)
None
RESOLUTTON NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AFFIRMING THE APPOINTTMENT OF ARNOLD JESSE
WILSON TO SERVE AS THE II{TERIM CITY ADMINTSTRATOR
AND RATIFYING THE EXECIIIION OF A RELATED AT_WILL
EMPLOYMENT AGREEMENT
WHEREAS. on December 28, 20L5, Mark Whitwort.h retired as
City Administrat.or of the City of Vernon; and
WHEREAS, tshe CiCy Councif of tshe City of Vernon request.ed to
f il-l- the City Administracor vacancy on an Interim basis during the
City's ongoing executive search for a permanent. City Administ.rator;
and
WHEREAS, on ,fanuary 7,2016, at a special meeting, after a
search process and int.erviews of t.op candidatses. the City Council
appointed Arnold ,Jesse Wi]son (',Wi1son,, ) to serve as Ehe fnterim City
Administrator of the Citsy of Vernon effective January 11, 2O1G; and
WHEREAS, the City and Wilson have execut.ed a Temporary Ats-
Wiff EmpLoyment Agreements (the "Agreement,,), subject Co the
ratification by the City Counci1,. and
WHEREAS. the City Council of the CiEy of Vernon desires to
affirm the appointment and approve the AgreemenE and ratify t.he
execution lhereof.
NOW, THEREFORE,
CITY OF VERNON AS FOLLOWS:
SECTTON 1: The
BE TT RESOLVED BY THE CfTY COUNCIL OF THE
f inds
City Council- of E,he City of vernon hereby
the above recitafs are true and correct.
City Council of the City of Vernon fj-nds
under the California EnvironmenE.al Quality
it is a general- administ.rative act.ivity
and determines that
SECTION 2: The
that this action j.s exempt
Act (CEQA) review, because
affirms the appointment of
City Administrator of t.he
approves and ratifies the
Employment Agreement. with
Administrator of the City
as Exhibit A.
tshat will not result in direct or indirect. physical changes in the
environment and therefore does not. const.itute 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, t.his action woul-d be exempt from CEOA review pursuant to
CEQA Guidelines Section 15051(b) (3), the general rul_e that CEQA only
appfies tso projects that may have a significant. effect on Ehe
environment .
SECTfON 3: The CiEy Council of t.he City of Vernon hereby
Arnold Jesse Wilson to serve as tshe Interim
City of Vernon effective January L]-, 20f6.
City Council of the City of Vernon hereby
executj-on of the Temporary At-Wi11
Wilson Eo serve as the InCerim City
of Vernon, a copy which is attsached hereto
SECTION 4: The
SECTfON 5: The City Council of the City of Vernon hereby
City Clerk's designee, to give a fu11ydirecEs the City C]erk, or the
executed Agreement to Wifson.
SECTION 5: The City C1erk, or any authorized officer, shall
administer the Oath of Office prescribed in the Constitut.ion of the
Stsate of California to Wilson and shaIl have him su-bscribe t.o it and
file it with the Human Resources Department.
2
SECTION 7: The City C1erk, or Deputy City CLerk, of the
City of Vernon sha]f cerlify to the passage, approval and adoption of
this resol-ution, and the City C1erk, or Deputy City C]erk, of the City
of Vernon shall cause this resofution and the Cit.y C1erk, s, or Deputy
City Clerk's, certification to be entered in tshe File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 19th day of .fanuary, 2016.
Name:
Titfe: l4ayor / Mayor Pro-Tem
ATTEST:
City Clerk / Deputy Cit.y Clerk
APPROVED AS TO FORM:
Deputy City Attorney
3
STATE OF CAIIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I,, City Cl-erk / Deputy Citsy Clerk of t.he City
of Vernon, do hereby certify that Ehe foregoing Resolution, being
Resolution No. , was duly passed, approved and adopted by the
City Councif of the City of Vernon at a regular meeting of the City
Council duly held on Tuesday. ,January l-9. 2016, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of t.he City of Vernon.
Execut.ed t.his day of January, 2015, at Vernon, California.
City Clerk / Deputy City Clerk
(sEAr)
4
EXHIBIT A
AT-WILL EMPLOYMENT AGREEMENT (NON-SAFETY)
BETWEEN THE CITY OF VERNON AND
Amold Jesse Wilson
This Agreement is between the City of Vemon ("Cit/) and Amold Jesse \Mlson
("Employee").
Recitals
City desires to employ Employee as an at-will temporary employee in the position of
lnterim City Administrator. Employee desires to be the lnterim City Administrator and
acknowledges that such employment is at-will
City Council, pursuant to the authority granted by the City of Vernon Charter, agrees to
hire Employee, as an at-will temporary employee, subject to the terms and conditions identified
below.
AGREEMENT
Section 1 :
The effective date of this Agreement shall be Mondav. Januarv 11, 2016. Either party
may terminate this Agreement pursuant to the provisions set forth below. Employee is an at-will
employee and may be terminated, with or without cause, upon four (4) business days written
notice. Employee may resign with four (4) business days advance notice as set forth in Section
8 below.
Section 2; DUTIES
A. City engages Employee as the lnterim City Administrator to perform the functions
and duties specified in the job description for the position (Attachment "A', incorporated herein
by this reference), as the same may be modified by the City Council, from time to time, and to
perform such other legally permissable and proper duties and functions as the City Council shall,
from time to time, assign.
B. Employee agrees that to the best of his ability and experience that he will at all
times conscientiously perform the duties and obligations required, either express or implied, by
the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of
Vemon and the laws and regulations of the State of Califomia and the United States.
C. As a public employee, Employee is required to work a full and complete work
week pursuant to the established work schedule as determined by the City Council, and devote
whatever time is necessary to futfill the employment responsibilities and duties as identified in
this Agreement,
D, During the term of this Agreement, Employee is required to have and maintain a
valid Califomia Driver's license.
E. Employee acknowledges that in connection with the performance of his duties,
he will obtain information from City employees and third parties that is of a confidential nature.
December 2015
Employee agrees that he will not disclose such confidential information other than to officers
and employees of the City who have been authorized to have access to such informalion.
Employee further agrees that if he has a question as to the confidentiality of information
obtained in the course of his employment, he will contact the City Attomey for advice,
Section 3: EXCLUSIVE ETSPLOYilIENT
Employee agrees to focus his professional time, ability and attention to City business
during the term of this Agreement. Consequently, Employee agrees not to engage in any other
business pursuits, whatsoever, directly or indirectly, render any services of a business,
commercial, or professional nature to any other person or organization, for compensation,
without the prior wriften consent of the City Council. This does not preclude Employee from
volunteering his services to other entities or individuals as long as such volunteer services are
not in conflict with the services to be provided by Employee under this Agreement_
Section4: COiIPENSATION
As compensation for the services to be rendered by Employee, City agrees to pay
Employee a base starting salary of no less than $_141.0750_, per hour, payable in biweekly
installments at the same time as other employees of the city are paid and subject to customary
withholding. Any and all adjustments shall be in accordance with City personnel policies and
procedures- Employee's salary shall be reflected in the City's publicly available salary
schedule.
Section 5: BENEFITS
A. This is a temporary employee position that is not eligible for any employee
benefits.
Section6: TERiIINATION
A. Employee is an at-will employee and serves at the will and pleasure of the City
Council and may be terminated at any time, without cause, subject to the conditions
of Section 1.
SectionT: EXECUTIVECOTPENSATIONLIMITATIONS
lf Employee is on paid leave salary during a pending investigation, any salary provided
for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime
involving an abuse of his office or position.
lf Employee is provided funds for any legal criminal defense during his employment with
the City, any funds provided for that purpose shall be fully reimbursed to the City if the
Employee is convicted of a crime involving an abuse of his office or position.
Section 8: RESIGNATION
Employee may resign at any time. Employee agrees to provide four (4) business days
advance written notice of the effective date of his resignation
)
December 2015
Section 9.
A
GENERAL PROVIS]ONS
Notice
Any notices required by this Agreement shall be in writing and either delivered in person
or by first class, certified, retum receipt requested US Mail with postage prepaid. Such notice
shall be addressed as follows:
TO CITY:City Council and City Attorney
City of Vemon
4305 Santa Fe Avenue
Vemon, CA 90058
TO EMPLOYEE:
B Entire Agneement
The text of this Agreement shall constitute the entire and exclusive agreement between
the parties. All prior oral or written communications understanding or agreements between the
parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or
modification to this Agreement may be made except by a wriften igreement signed by the
Employee and the Mayor and approved as to form by the City Aftoiney.
C Assignment
This Agreement is not assignable by either the City or Employee.
D Severability
ln the event that any provision of this Agreement is finally held or determined to be illegal
or void by a court having jurisdiction over the parties, the remainder of this Agreement shall
remain in full force and effect unless the parts found to be void are wholly inseparable from the
remaining portions of this Agreement.
E. Effect of Waiver
The failure of either party to insist on strict compliance with any of the terms, covenants,
or conditions in this Agreement by the other party shall not be deemed a waiver of that term,
covenant or condition, nor shall any waiver or relinquishment of any right or power at any one
time or limes be deemed a waiver or relinquishment of that right or power for all or any other
time or times.
F. Jurisdiction
Any action to interpret or enforce the terms of this Agreement shall be held exclusively in
a state court in Los Angeles county, califomia- Employee expressly waives any right to remove
any such action from Los Angeles County.
G. Effective Date
December 2015
This Agreement shall take effect on Monday, January 'l 1, 2016
[Signatures Begin on Next Page].
4
December 2015
IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed
and executed on its behalf by its City Council, and executed by the Employee
g.r.a 7rlJ* cztll
City of Vemon, a Califomia charter City and
California municipal corporation
Bv: .%Zf. tt ichael trrtccormtck, Mayor
)
December 2015
In signing this Agreement, Employee understands and agrees that his employment status is that
of a temporary at.rrill employee and that his rights to employment with the city are governed
by the terms and conditions of this Agreement rather than the ordinances, resolutions, and
policies of the city of vemon which might otheMise apply to employees of the city. Employee
further acknowledges that he was given the opportunity to consult with an aftorney prior io
signing this Agreement.
Daled: /- | .X'il.
6
December 2015
ATTACHIENT A
Job llescriotion
Date Prepared: March 20'14 Class Code: 1010
SUMMARY: Under administrative direction of the City Council, serves as the
Chief Staff Advisor for the City of Vernon; responsible for leading, planning,
directing, and evaluating the City's op€rations, programs, priorities, projects, and
policies; leads efforts to maximize the efficiency of City services and assures all
operational activities comply with City policies, procedures, and goals.
B--
ESSENTIAL FUNCTIONS: - Essential functions. as defined under the Aneicans wrth Disabitities Act, nay inctude
any of the following rcpresentative duties, knoflledge. ard sk//s. Ih,S ,,:s Ilot a conprehensive listing ol all functions and ddies
peiomed by incunbents of th,s c/ass; enphpes nay be assigned ddies vhich are not listed below: reasonabte
accommodations will be made as requied. The job desciption does not constifile an enplayment agrcenent and is subject to
change at any tine by the employer. Essential duties aN responsibilitas may include. but are not fimited to, the following:
. Serves as the principal advisor to the City Council: exercises independent judgment within
broad policy guidelines; evaluates city issues, and develops reports to effectively
communicate plans and city council actions required to meet city needs; assures the
efficient delivery of high quality public services.. Exercises independent judgment within broad policy guidelines; evaluates operational
issues, and recommends solutions to improve the city's operations; works independenfly
and makes appropriate decisions based on knowledge of City Council goals.. Meets regulady with staff to discuss and resolve assignments, priorities, workload, staffing,
budgets, technical issues, quality standards, and services; motivates and evaluates staff,
and provides leadership, direction, and guidance in operational plans and priorities; assures
all operational activities are in compliance with City policies and procedures, and state and
federal regulations.
. lmplements policies and plans to meet city council goals and directives; interprets
concerns, defines desired results, develops solutions, determines scope and priorities of
projects, and communicates status of proiects and organizational issues.. Monitors City operations, analyzes operational information, evaluates trends, and develops
plans to meet goals and future needs; assigns resources required to meet organizational
issues and city council goals; reviews and monitors status reports, and directs appropriate
actions; prepares and presents status reports to city council, and assures effective
communication of operational issues.
7
December 2015
Directs, leads, and motivates City staff, and evaluates performance; encourages interactive
dialogue throughout the organization, and effeclively addresses personnel issues in order to
promote a productive and healthy work environment,
Directs development of City budget, approves expenditures, manages contracts and
agreements-
Meets with City committees, commissions, and residents to discuss and resolve issues;
coordinates projects and regional issues with local ofiicials, agencies, community
organizations, and advocates.
Manages public information and community relations activities, represents the City's
interests to key stakeholder groups, advocates, regional agencies, organizations, boards,
and commissions.
Supports the relationship between the City of Vernon and the general public by
demonstrating courteous and cooperative behavior when interacting with visitors and City
staff; maintains confidentialig of work-related issues and City information; performs other
duties as required or assigned,
iIINITUM QUALIF]CATIONS:
Education, Training and Experience Guidelines:
Bachelor's Degree in Finance, Business, Public Administration or related field; AND seven
years of experience managing govemment operations.
Knowledge of:
. Cit-v organization, operations, policies. and procedures.
o Federal, State and City laws, mles, regulations, and ordinances goveming municipalities.. Duties, powers, authorities. and Iimitations of a City Administrator.o Principles and practices of local govemment administrative management, including
personnel rules, procurement, finance, budgeting, contract and risk management,
performance management, and evaluation ofpublic sector progrzrms, policies, and operations.o Strategic ptanning techniques for the economic, financial, and environmental needs of the
City.o Legal. ethical, and professional rules of conduct for municipal govemment officers.. Current political and economic frends in state and federal govemment.. Techniques and methods for long-range strategic and financial planning.. Techniques and practices for efficient and cost effective management ofresources.r Business computers, and standard and specialized software applications.
Skill in:
o Assuming executive-level responsibilities. projecting consequences of proposed actions. and
making appropriate decisions, while assuring compliance with City goals and objectives.. Analyzing complex administrative and operational issues. interpreting laws and regulations,
evaluating altematives. and developing recommendations, strategies, and operational
improvements.
8
December 2015
. Analyzing City needs, and prioritizing and promoting operational strategies to meet future
needs.
o Preparing and administering the City budget.. Interpreting and applying municipal policies and procedures.o Presenting and defending operational reports and information in public meetings.. Analyzing problems, resolving disputes and conflicts, and developing effective solutions.. Using initiative and independent judgment within established procedural guidelines.r Assessing and prioritizing multiple tasks, projects and demands.. Managing staff, delegating tasks and authority, and coaching to improve staff performance.o Establishing and maintaining cooperative working relationships with CiE- employees, elected
officials, community groups, advocates, and representatives from other local, state, and
federal agencies.
o Communicating effectivelv verbally and in writing.
LICENSE AND CERTIFICATION REQUIREMENTS:
A valid Califomla State Driver's License may be required.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT:
Work is performed in a standard office environment.
9
December 2015
RECEIVED
JAN I 3 2016REGEE ED
JAN l4 2016
CITY CIERl('S OFFICE
-Dt#STAFF REP
HUMAN RESOURCES DEP
DATE:
TO:
FROM:
RE:Approval of a Resolution Adopting an Amended and Restated Citywide
Fringe Benefits and Salary Resolution in Accordance with Government Code
Section 20636@)(l) and Repealing Alt Resolutions in Conllict Therewith
Recommendation
It is recommended that the City Council:
A. Find that approval of the attached resolution in this staff report is exempt from Califomia
Environmental Quality Act (CEQA) review, because it is a general administrative 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 rhat CEQA only applies ro projects rhat
may have a significant effect on the environment; and
B. Adopt the attached resolution amending and restating the Citywide Fringe Benefits and
Salary Resolution, effective December 21, 2015 to reflect the following provision:
1) Add 4O-hour Administrative work schedule pay ranges to the Classification and
Compensation Plan for Firefighter, Firefighter/Paramedic, Firefrghter/Paramedic
Coordinator and Fire Engineer in accordance with Govemment Code Section
20636(b)( I ), as listed below:
Class EqI
Code Job Title Grade Annual Monthlv Hourlv pay period
5040 Fire Engineer (A) FA28
Step I $82,524 $6,877 $39.6750 $3,174.00
Step 2 $86,652 $i ,221 $41.6596 $3,332.17
step 3 $90,984 $1,582 $43.1423 $3,499.38
January 19,2016
Honorable Mayor and City Council
Lisette M. Gizzelle,Interim Director of lluman Resourc
Step 4
Step 5
Firefi ghter/Paramedic
5035 Coordinator (A) FA29
Step I
Step 2
Step 3
Step 4
Step 5
5045 Firefighter/Paramedic(A)
Step 1
Step 2
Step 3
Step 4
Step 5
5060 Firefighter (A)
Step I
Step 2
Step 3
Step 4
Step 5
FA25
$95,5.r4
$100,320
$86,652
$90,984
$95,5,{4
$100,320
$105,336
$82,524
$86,6s2
$90,984
$95,5.r4
$100,320
$71,280
$74,8s6
$78,600
$82,s24
$86,652
$7,962
$8,360
$4s.9346
$48.2308
$3,674.77
$3,858.46
$7,22t
$7,582
$7,962
$8,360
$8,778
$6,877
$7,221
$7,582
$7,962
$8,360
$5,940
$6,238
$6,s50
$6,877
$7,22t
M1.6s96
M3.7423
$4s.9346
$48.2308
$50.6423
$39.6750
Ml.6s96
$43.7423
$45.9346
$48.2308
$34.2692
$3s.988s
$37.7885
$39.6750
$41.6596
$3,332.77
$3,499.38
$3,674.77
$3,858.46
$4,051.38
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$3,8s8.46
$2,741.54
$2,879.08
$3,023.08
$3,174.00
$3,332.77
Background
The Administrative Firefighter, Firefighter/Paramedic, Firefighter/Paramedic Coordinator and
Fire Engineer designations are needed to accommodate Administrative assignments in these
positions when supporting medical documentation is provided and the Fire department is able to
accommodate.
Fiscal Imoact
No fiscal impact, Administrative hourly pay ranges are adjusted to reflect the 40 hour work
schedule. The annual, monthly and bi-weekly pay ranges are the same as the non-administrative
counter-part positions.
Attachment(s)
None
RESOLUTTON NO.
A RESOLUTTON OF THE CITY COIJNCIL OF THE CITY OF
VERNON ADOPTING AN AMENDED AND RESTATED CITYWIDE
FRINGE BENEFITS AND SAI,ARY RESOLUTION IN ACCOR-DANCE
WITH GOVERNMENT CODE SECTTON 20536 (b) (1) AND
REPEALING AIL RESOLUTIONS IN CONFLICT THEREWITH
WHEREAS, on Septernber l, 20].5, tshe City Council of the City
of Vernon adopted Resolution No. 2Ol-5-62, adopting an amended and
rest.at.ed Citywide Fringe Benefits and Sa1ary Resolution; and
WHEREAS. by memorandum dated January !9, 2016, the Interim
Human Resources Director, in conference with City AdminisE.rat.ion, has
recommended the adoption of an amended and restated Citlrwide Fringe
Benefits and Sa1ary Resolution to add forty (40) hour Administrat.ive
work schedules for the pay ranges of Fire Engineer,
Firef ight.er/Paramedic Coordinator, Firef ight.er/paramedic, and
Firefighter to the Cfassificat.ion and Compensation pfan in accordance
wit.h Government Code Section 20535 (b) (1) ; and
WHEREAS, the City Councif desires to adopt an amended and
rest.ated Citywide Fringe Benefits and Sa1ary Resolution, a copy of
which is attached hereto as Exhibit. A.
NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCfL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The Cit.y Council of the City of Vernon hereby
finds and detsermines that t.he above recitals are true and correct.
SECTTON 2: The City Council of the City of Vernon finds
t.hat this action is exemp! from California Environmental Ouality Act.
("Cfqa") review, because iE. is a generaf administrative activity that
will not result. in direct. or indirect physical changes in the
environment, and therefore does not conslitute a ..project,. as defined
by CEOA Guidelines section 15378. zurthermore, 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. t.o
CEQA Guidelines Sect.ion 15061(b) (3), Che general- rule that CEQA only
applies to projects t.hat. may have a significant effect on the
environment.
SECTfON 3: Effective December 2]-, 2075, the City Council of
the City of Vernon hereby approves the amended and restated Citylvide
Fringe Benefits and Sal-ary Resolution, a copy of which is attached
hereto as Exhi-bit A.
SECTION 4:Alf resolutions or parts of resolut.ions,
specifically Resolution No. 2015-62, Ij,.o|- consistent with or in
conflicts with this resol-ution are hereby repealed.
2
SECTION 5: The City C1erk, or Deputy City Clerk, of t.he
City of Vernon shall- certify to the passage, approval and adoption of
this resoluEion, and the City Clerk, or Deputy City C1erk, of the City
of Vernon sha11 cause this resolution and t.he City Clerk, s, or Deputy
City Clerk's, certification to be entered in the Fil-e of Resofut.ions
of E.he Council of t.his City.
APPROVED AND ADOPTED this 19th day of ,fanuary, 201G.
Name :
Tit.le: Nlayor / Mayor Pro-Tem
ATTEST:
City Clerk / Deputy City Cferk
APPROVED AS TO FORM:
Deputy City At.torney
STATE OF CALfFORNTA )
) ss
COUNTY OF LOS ANGELES )
T,, City Cl-erk / Deputy City Clerk of the Cit.y
of Vernon, do hereby cert.ify that the foregoing Resolutsion. being
ResoLution No. _, was duly passed. approved and adopt.ed by the
Citsy Council of the City of Vernon aU a regrLrlar meeting of the City
Council duly held on Tuesday, January 19, 2016, and tshereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of January, 20L6 , aL Vernon, Cal-if ornia.
City Clerk / Deputy CiEy Clerk
(SEAT)
4
EXHIBIT A
Gity of Vernon
FRINGE BENEFITS
AND
SALARY RESOLUTION
Effective December 21, 2015
TABLE OF CONTENTS
FRINGE BENEFITS AND SALARY RESOLUTION
PARTl-FRINGEBENEFITS
lntroduction:
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
Section 6:
Section 7:
Section 8:
Section 9:
Section '1 0:
Section 1 1:
Section 12:
Section 13:
Section 14:
Section 1 5:
Section 16:
Section 1 7:
Section 18:
Section 19:
Section 20:
Section 21 :
Section 22.
PART II - CLASSIFICATION AND COMPENSATION
Section 1.
Section 2.
Section 3.
EXHTBtT A - CLASStFtCAT|ON AND COMPENSATTON p1AN.................................40
)
PART 1
FRINGE BENEFITS
J
INTRODUCTION
The Fringe Benefit and Salary Resolution shall apply to all employees and officers of
the City of Vernon. Exceptions, additions, and/or limitations to this basic policy may be
found in respective Memoranda of Understanding or employment contracts. The
existence of these policies shall not create or imply any employment contract or vested
right of employees.
For those employees covered in respective memoranda of understanding (MOU), the
provisions set forth in the applicable MOU shall prevail in the event that there is any
conflict between provisions established in this Resolution and any provisions
established in the respective MOU.
The provisions set forth in this Resolution or as amended from time to time shall be
effective upon City Council adoption, unless a specific effective date is stated therein.
PARTl-FRINGEBENEFITS
Section 1. HOLIDAYS
A. Authorized holidays are as set forth in Table 1, attached hereto and incorporated
herein by reference. Municipal offices shall be closed on such holidays.
B. The dates for observation of holidays shall be approved by the City Council.
C. lf an authorized holiday falls on a Sunday, the following Monday shall be treated
as the holiday. Holidays falling on a Friday, or Saturday, shall not be granted as
an authorized holiday to employees.
D. An employee whose regular shift assignment falls on an authorized holiday and
who is required to work on that day shall be paid at hisiher regular hourly rate of
pay for the holiday, plus hisiher regular hourly rate including any applicable
overtime pay for the actual hours heishe was required to work on the authorized
holiday.
E. Temporary and parttime employees are not eligible for paid holidays.
G. All full-time employees may use vacation time or compensatory time for a
religious holiday (not listed herein as an authorized holiday) with the prior
approval of the department head. lf there is insufficient accumulated time, the
employee may request the time as unpaid leave of absence.
4
TABLE 1 . HOLIDAY
HOLIDAY
January 1't - New Year's Day
3d Monday in January - Martin Luther Kinq Jr. Dav
3d Monday in February - Presidents Day
March 31"t - Cesar Chavez Day
The Last Monday in May - Memorial Day
July 4s - lndependence Day
The 1'' Monday in September - Labor Day
The 2nd Monday in October - Columbus Day
November 11rh - Veterans Dav
The 4th Thursday in November - Thanksqivinq Dav
December 24th - Christmas Eve
December 25b - Christmas Day
December 31't - New Year's Eve
And other days as such designated by City Council.
5
B.
C.
D.
E.
Section 2. ADMINISTRATIVE LEAVE
A. Executive and Management - lncludes City Administrator, City Attomey, City
Clerk, City Treasurer and the heads of all Departments as listed in the City Code
or City Charter and their respective Deputies and Assistant Directors shall
receive, effective January 1 of each calendar year, 80 hours of Administrative
leave.
The 80 hours may not be carried over into the succeeding calendar year and is
lost and not eligible for cash payout if not used by December 31 of each calendar
yeat.
Executive and Management staff hired, promoted, or reclassified on or after April
1 of each calendar year shall be eligible to receive pro-rated administrative leave
hours during the year of hire as identified below:
Hired, Promoted, or Reclassified on
or Between
Administrative Leave
Januaryl-March31 80 hours
April 'l - June 30 60 hours
Julyl-Sept.30 40 hours
Oct '1 - Dec. 31 20 hours
F.
Mid-Management - Staff who are designated as exempt in accordance with the
Fair Labor Standards Act shall receive, effective January 'l of each calendar
year, 60 hours of Administratlve leave
The 60 hours may not be carried over into the succeeding calendar year and is
Iost and not eligible for cash payout if not used by December 31 of each calendar
year.
Mid-Management FLSA exempt staff hired, promoted, or reclassified on or after
April 1 of each calendar year shall be eligible to receive pro-rated administrative
leave hours during the year of hire as identified below:
Hired, Promoted, or Reclassified on or
Between
Administrative Leave
Januaryl-March31 60 hours
April 'l - June 30 45 hours
Julyl-Sept.30 30 hours
Oct 1- Dec. 31 1 5 hours
G. All Administrative leave requests should be approved by the department head or
City Administrator at least ten days in advance of the date to be taken, although
6
the department head retains discretion to approve the use of Administrative
Leave in special circumstances.
H. The City Administrator or his/her designee may grant additional administrative
leave upon commencement of employment in order to attract highly qualified and
experienced executive and management level staff.
7
Section 3. OVERTIME
A. lt shall be the duty of all department heads to operate their respective
departments with a minimum amount of overtime. lf the best interests of ti.re City
require that an employee work beyond the forty (40) hours of work scheduled,
such employee shall be compensated as set forth hereinafter.
B. The department head may reschedule the workweek of employees in positions
not exempt from the FLSA to allow credit for productive hours actually worked on
one day (excluding lunch periods) towards the regular paid workweek schedule.
For example, if an employee works twerve (12) hours on one day (based on a ten(10) hour day), the entire twelve hours wiil be recorded on the iime card as paid
worked time. ln this example, the department may schedule the employee to
work only eight (8) hours on one of the other schedured workdays in the
workweek, as long as the employee's hours for the workweek do not ?all below
the minimum paid work hours schedule.
c. All overtime requests must have prior written authorization of the respective
department head or designee prior to the commencement of such overtime work.
Where prior written authorization is not feasible, explicit verbal authorization must
be obtained. where verbal authorization is obtained, wriften authorization must
be obtained as soon thereafter as practicable.
D. Except as may be provided in specific memoranda of understanding, employees
will be paid overtime at time and a half (1.5) of their regular hourly rate for all
eligible hours worked in excess of forty (40) hours in a single workwe-ek.
E. Holidays (regular, in-lieu), vacation time, sick leave, compensatory time, paid jury
duty leave, and bereavement leave shall count as time worked for the purposesof computing overtime. Unpaid jury leave, disciplinary suspensions, and
administrative leave shall not count as time worked for the purpose of computing
overtime.
t.
ln the event a part-time or temporary employee is required to work beyond
his/her assigned working hours, compensation shall be at the normal hourly rate
up to forty (40) hours per workweek. For hours worked beyond forty (a0) in a
workweek, such employee shall be compensated at the rate of one and one-half
of (1.5) said employee's hourly rate.
lf an employee works on his/her regular day off, the employee will receive paid
compensation or receive compensatory time, at the employee's discretion. With a
mutual agreement between an employee and his/her supervisor, an employee,s
regular day off may be rescheduled to another day off in the same pay period.
An employee is expected to begin work no more than five (5) minutes prior to the
beginning of his or her scheduled start time, and to stop work no later than five
F.
G.
J.
K.
(5) minutes after the end of his or her scheduled ending time. An employee who
wishes to begin or end work at a different time must obtain written approval from
his or her department head prior to working the different or additional time.
Straight time and overtime will be compensated in six (6) minute segments of
time.
While overtime should be attempted to be distributed equally amongst all
employees in a given classification, the department head retains discretion to
assign such overtime.
The City Administrator, department heads and those management employees
designated by the City Administrator as exempt under the provisions of the Fair
Labor Standards Act (FLSA) shall not be subject to the provisions of this section
relating to overtime, but shall work such hours as may be necessary for the
effective operation of their respective departments.
Please refer to Human Resources Policy, Salary Plan Administration ll-3
L.
M-
9
Section 4. COMPENSATORY TIME
A. All regular full-time employees may request to accrue compensatory time in lieu
of cash payment for overtime worked. The total compensatory time accrued is
calculated by multiplying the number of hours of overtime worked by the
applicable overtime rate (1, 1.5 or 2), and is subject to the approval of the
department head.
B. Compensatory time may be accumulated up to a maximum of sixty (60) hours. lt
is at the employee's option whether to receive overtime compensation or
compensatory time accruals up to the 60-hour limit.
C. Compensatory tlme shall be taken in 1S-minute increments. Scheduling of
compensatory time requires prior approval and must be preceded by a ten (10)
day notlce of intended use from the employee- Management may waive the ten
( 10) day notice in cases of emergency.
D. Employees who have reached the 60-hour limit shall receive overtime
compensation. There are no cash payouts of compensatory time once an
employee has elected compensatory accrual.
l0
Section 5. COURT TIME
A. The required presence in a court of law of any employee subpoenaed to testify in
a matter arising within the course and scope of his/her City employment shall be
compensated in accordance with the below provisions.
B. For each day that the presence of the employee is required in a court of law in
response to an order or subpoena in relation to an incident or event arising out of
the course and scope of employment with the City, the employee shall be given a
paid leave of absence.
C. For each day an employee is required in a court of law in response to an order or
subpoena in relation to an incident or event arising out of the course and scope
of employment with the City that is outside of the employee's regularly scheduled
work shift, the employee shall be given a paid leave of absence.
D. An employee who needs to appear in court on any other matter not arising out of
the course and scope of employment with the City shall be expected to use their
accrued paid leave to make such appearance, or unpaid leave if no leave is
available.
lt
Section 6. VACAT]ON
A. Except as provided for in respective memoranda of understanding, every full time
employee who has been in the continuous employment of the City shall receive
annual vacation leave as set forth in below:
Mid-Management and Confidential Staff:
Conlinuous Years of Service Vacation Hours Earned Bi-Weeklv
Accrual
1't year thru 4th year
5th year thru 9th year
1 0h year thru 'l4th year
't 5th year thru 24th year
25h year and more
Continuous Years of Service
1st year thru 4th year
Sth year thru 1Oth year
10h year thru 1Sth year
1 Sth year thru 25h year
25th year and more
80
100
120
160
190
Vacation Hours Earned
120
150
170
185
190
3.08
3.85
4.62
6.16
7.31
Executive and Management Staff: lnclude the City Administrator, City
Attorney, City Clerk, City Treasurer and the heads of all Departments as listed
in the City Code or City Charter and their respective Deputies and Assistant
Directors.
Bi-Weeklv
Accrual
4.62
5.77
6.54
7.12
7.3',1
B.
C.
Mid-Management and Confidential staff shall be allowed to accumulate and carry
over to the next calendar year a maximum number of hours equal to the number
of hours the employee accrued during the immediately preceding year. ln or
about January of each year, employees shall be compensated for unused
accrued vacation benefit in excess of the allowed accumulated amount
referenced herein.
Executive and Management staff shall be allowed to accumulate up to a
maximum accrual cap of 480 hours. Upon reaching the 480-hour maximum
accrual cap, the employee shall stop accruing vacation leave benefit until such
time he/she brings the vacation accrual below the 480-hour maximum accrual.
Vacation leave shall be scheduled with the approval of the City Administrator or
department head or his or her designee by submitting a Leave Request Form in
D.
12
writing, within ten (10) business days before the beginning of the vacation.
Vacation leave requests for extended times (3 weeks or more), unless an
unforeseen emergency exists, shall be submitted at least thirty (30) days in
advance of the beginning of the vacation.
E. Vacations shall be approved subject to the needs of the department. The
employee's seniority and wishes will be factors that are considered during the
scheduling process.
F. Vacation leave requests shall not be in excess of such leave actually earned at
the time it is requested or in excess of the regular scheduled workweek.
G. No vacation leave shall be accumulated by employees while they are on an
unpaid leave of absence.
H. Vacation may be taken prior to the completion of the employee's probationary
period under special circumstances and with the approval of the department
head.
l. ln the event one or more City holidays fall within a vacation period, such holidays
shall not be charged as vacation leave.
J. Upon separation from City employment, compensation shall be paid for vacation
leave that has been earned but not taken.
K. Vacation leave shall be requested in fifteen (15) minute increments.
L. The department head retains discretion to cancel previously authorized vacation
in the case of an emergency.
M. The City Administrator or his /her designee may grant additional leave upon
commencement of employment in order to attract highly qualified and
experienced executive and management level staff.
l3
Section 7. SICK LEAVE
A. All full-time employees shall accrue up to 80 hours of sick leave per calendar
year, at a rate of 3.08 of sick leave hours per pay period.
B. ln accordance with the Healthy Workplaces, Healthy Families Act of 2014,
beginning July 1, 2015, all part-time and temporary employees (excluding
CaIPERS retired annuitants) working for 30 or more days within a year shall be
entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours
worked.
C. Employees shall only receive sick leave accrual while they are in a pald status.
D. The City shall allow annual carry-over of sick leave hours for full-time employees
up to a maximum accrual cap of 960 hours and 48 hours for eligible part{ime/
temporary employees. This bank of carry-over sick leave would provide a
cushion for long-term illnesses and injuries.
E. Any sick leave hours exceeding 960 hours (full-time) or 48 Hours (part{ime will
be compensated for at the end of the calendar year at 50% of the employee's
hourly rate.
F. Temporary employees are not eligible for cash-out of accrued sick leave hours.
G. All employees who are rehired with a break in service of less than one year are
entitled to have previously unpaid accrued and unused paid sick days reinstated.
t.
Sick leave shall be allowed on account of actual illness, for the diagnosis, care,
or treatment of an existing health condition or preventative care for an employee
or an employee's family member (including to care for a parenlin-law,
grandparent, grandchild, or a sibling, in addition to child, parent, spouse or
registered domestic partner). Sick leave shall also be allowed for an employee
for certain purposes related to being a victim of domestic violence, sexual
assault, or stalking. Preventive health care shall include medical and dental
appointments (if such appointments cannot be arranged other than during
working hours) and injury not arising out of and in the course of employment.
Sick leave shall be used in increments of fifteen (15) minutes and shall not be
taken in excess of time earned at the time it is taken.
Foreseeable sick leave requires advance notification, while unforeseeable sick
leave requires notice as soon as practicable. lf sick leave on account of any of
the above illnesses exceeds two (2) consecutive working days, the employee,
prior to return to work, shall submit a statement of such disability illness or injury
from the employee or family member's physician. The statement shall certify the
physical condition of the employee/employee's family member that prevented the
H.
t4
J.
employee from performing the duties of said employee's position during the
period of absence. The department head or designee, in accordance with
departmental procedure, shall approve all sick leaves. Notwithstanding the
above, the City may require verification of sick leave use whenever it has reason
to believe there is misuse, abuse or a pattem of abuse.
Abuse of sick leave, and excessive leave, may constitute grounds for disciplinary
action. Abuse of sick leave includes, but is not limited to, not adhering to sick
leave policies, using sick leave for purposes not enumerated in this policy, and
falsifying or misstating facts when using sick leave. A pattern of sick leave usage
on Mondays, Thursdays, and immediately before and after holidays and/or
vacations may be evidence of sick leave abuse. A violation of this policy will
result in corrective action including counseling and/or disciplinary action, and/or a
mandatory referral to the City's Employee Assistance Program. This
determination of abuse does not apply to an employee's use of sick leave under
an approved family, medical, and/or pregnancy disability leave in accordance
with state and federal laws.
lf in the opinion of the department head it appears that an employee may be
establishing a pattern of abuse of sick leave or frequent or excessive absences,
a statement establishing the need for sick leave from the employee's physician
may be required as a condition of approved sick leave.
Employees may use accrued compensatory or vacation leave for extended sick
leave absence because of a prolonged and continuing illness and/or medical
treatment after sick leave has been exhausted.
Employees are required to use accumulated sick leave concurrently with
absences on account of a work related injury arising out of and in the course of
his/her employment. ln cases where the injury suffered is covered by Workers
Compensation lnsurance, accumulated sick leave must be used concunently to
make up the difference between Workers Compensation lnsurance allowance
and full base pay. Please refer to Personnel Policy, Family and Medical leave
Policy.
lf an employee resigns from the City with 20 years or more of continuous service,
he/she will be compensated for all unused sick leave hours in his/her sick leave
bank at the time of separation at 50% of his/her then current regular hourly rate
of pay.
lf an employee retires from the City with 15 or more years of continuous service,
but fewer than 20 years, he/she will be compensated for all unused sick leave
hours in his/her sick leave bank at the time of separation at 50o/o oI his/her then
current regular hourly rate of pay. lf an employee retires from the City with 20 or
more years of continuous service, he/she will be compensated for all unused sick
K.
M,
N.
o.
l5
leave hours in his/her sick leave bank at the time of separation at 100% of his/her
then current regular houdy rate of pay.
P. lf a temporary employees resigns or the temporary assignment has ended,
he/she shall not be eligible for compensation of unused sick leave hours in
his/her sick leave bank at the time of separation.
l6
Section 8. FAMILY SICK LEAVE (KlN CARE)
ln any calendar year, employees may use the employee's accrued and available sick
leave entitlement, in an amount not more than the sick leave that would be accrued
during six months at the employee's then current rate of entitlement, for qualifying family
illness as follows: Sick leave for family illnesses will be allowed only for the sickness of
the spouse of, or the children of, or mother or father of, the employee living within the
same household. ln the case of joint custody of a child, illness of the child occurring at
the other custodial parent's house may also qualify. The department head shall approve
all family sick leaves and a statement establishing the need for sick leave from a
physician may be required as a condition of payment while on such leave.
t7
Section 9: BEREAVEMENT LEAVE
A. Permanent full{ime employees, regardless of period of service, may in the event
of death or if death appears imminent, of any "immediate family member'' as
defined below, including the equivalent relatives of a registered domestic partner,
be allowed up to the equivalent of four (4) work days (total hours may vary
depending on work schedule) of bereavement leave without loss of salary.
Relative All Regular
Emplovees
Spouse 4 work davs
chitd 4 work days
Registered
Domestic Partner
4 work days
Step-Child 4 work days
Parent 4 work days
Step-Parent 4 work days
Mother-in-law 4 work davs
Father-in-law 4 work days
Grandchild 4 work days
Step-Grandchild 4 work days
G rand parent 4 work davs
Grand parent-in-law 4 work davs
Brother 4 work davs
Sister 4 work days
Step-Sister 4 work days
Step-Brother 4 work days
Daughter-in-law 4 work days
Son-in-law 4 work days
Brother-in-law.4 work days
Sister-in-law.4 work days
Brcther-inlaw and sister-inJaw are defined as the spouse of the employee's sibling or
the sibling of the employee's spouse.
Bereavement leave is paid over a maximum of seven (7) workdays and is paid in
thirty-minute increments. The bereavement leave begins on the first regularly
scheduled workday as requested by the employee. lf the employee learns of the
death while at work, he or she is entitled to leave work immediately; this partial
day leave will not be counted towards the bereavement leave.
Bereavement leave must be authorized by the Department head and must be
utilized within fifteen (15) days of employee learning of the death, or of the date
of foreseen imminent death of the immediate family member, unless special
circumstances require that the leave begin at a later date. Such requests to the
Department head shall be made within 15 days of the employee learning of the
B.
c.
t8
death or of the date of foreseen imminent death and shall not be unreasonably
denied.
D. Representatives may be selected by the Department head to attend with pay the
funeral of a co-worker in said department on behalf of the City if the funeral of the
deceased co-worker occurs during working hours; provided the funeral is held
within a reasonable distance of City limits.
l9
Section 10: JURY DUTY
All regular full-time employees summoned to serve on jury duty shall be provided
"Jury Duty Pay" and there shall be no loss of compensation. An employee will be
compensated up to two weeks at full pay for jury duty. The employee must
provide notice of the expected jury duty to his or her supervisor as soon as
possible, but in no case later than 14 calendar days before the expected start
date of the jury duty.
An employee on call for jury duty is expected to report to work. An employee who
is called in for jury duty does not have to report to work before or after appearing
in court. All employees shall obtain verification of the hours of jury duty
performed using verification forms as may be supplied by the court.
Except as herein provided, employees shall remit to the City any compensation
received for those days while on jury duty and shall receive regular pay for the
time served. Employees shall be reimbursed by the City for the mileage portion
of the jury duty compensation. Jury duty performed on an employee's regular day
off shall not be compensated by the City and the employee shall be entitled only
to the jury's compensation for duty performed on such employee's regular day
off. Employees assigned to jury duty on a City authorized holiday will be
considered to have taken such a holiday and will receive regular holiday pay, but
the employee shall be entitled to the jury compensation for duty performed on
such holiday.
B.
c.
20
A.
B.
Section 11: AUTOMOBILE ALLOWANCE AND REIMBURSEMENT FOR
EXPENSES
Any employee who is required to use said employee's personal
automobile in the course of employment with the City shall be reimbursed
for each mile actually traveled on official business in accordance with the per
mile reimbursement rate allowed by the lnternal Revenue Service in effect at the
time of such travel.
Any employee who is required to travel in the performance of his or her duties
or to aftend an authorized meeting or conference which is of benefit to the City
shall be reimbursed for reasonable expenses incurred for transportation, meals,
lodging and incidentals. Automobile allowance and reimbursement for expenses
shall be recommended by the department head or designee and approved by
the City Administrator pursuant to the provisions of the City of Vernon Travel
and Meeting Expense Reimbursement Administrative Policy. No allowance
shall be made for transportation between the employee's home and the place
where such person is normally employed by the City.
Certain employees serving in specified classifications shall receive a monthly
automobile allowance a s set forth b e lo w and incorporated herein by
reference; alternatively, specified employees may opt to receive use of a City-
owned vehicle and fuel.
Classification Amount
City Administrator $600.00 or City Vehicle
City Attorney $400.00
Finance Director $400.00
Fire Chief City Vehicle & Fuel
Assistant Fire Chief City Vehicle & Fuel
Fire Marshal City Vehicle & Fuel
Administrative Fire Battalion
Chief
City Vehicle & Fuel
Administrative Fire Captain City Vehicle & Fuel
Fire Training Captain City Vehicle & Fuel
Gas & Electric Director $400.00"
lndustrial Development
Director
$400.00
c.
2t
Utility Operations Manager City Vehicle & Fuel
Police Chief City Vehicle & Fuel
Health Director $400.00
Police Admin. Lieutenant City Vehicle & Fuel
Police Canine Officer #1 City Vehicle & Fuel
Police Canine Officer #2 City Vehicle & Fuel
Police Captain City Vehicle & Fuel
Police Lieutenant City Vehicle & Fuel
Police Motor Otficer #1 City Vehicle & Fuel
Police Motor Otficer #2 City Vehicle & Fuel
Public Works, Water &
Development Services Director
$400.00
D. Wherever an automobile allowance is made to any employee for the use of their
personal automobile, such allowance shall not be payable whenever the
employee is on vacation, leave of absence, or otherwise absent the entire
calendar month, unless otherwise specified by the City Administrator.
E. The City shall not be responsible for repairs or any additional costs for upkeep,
fuel, lubrication, replacement in whole or in part, or other expenses in connection
with any such vehicle beyond the respective amounts set forth above.
+Fringe benefits for the Director of Gas and Eleclric clcrssiJication hare historically included and cunently include
use of a City-otvned vehicle ancl firel. Accordingl|,, the current Director of Gas and Electric nal contirue to use q
City-owned whicle and fuel in-lieu of receh'ing the $400 monthly automobile allotance Once the cunent Ciry-
owned vehicle is due for replacenenl or the current incumbenl leat'es the position, whichercr occurs first, the
Director ofGas and Electric classiJication will recetue the 5100 monthll' automobile allowance.
22
Section 12: HEALTH INSURANCE
A. The City offers various medical plans to employees under a Section 125
Cafeteria plan (non-cash out). The City reserves the right to select, administer, or
fund any fringe benefit program Involving insurance that now exist or may exist in
the future. The City will adhere to the cafeteria plan requirements in accordance
with IRS Section 125 regulations.
B. The City shall contribute for each full-time employee up to the maximum
amounts as set forth below per pay period, toward the cost of his/her medical
plan as outlined in Subsection A through C below. ln the event an employee
does not exhaust nor exceed his/her monthly medical allowance, the employee
shall be allowed to apply any unused portion towards the purchase of dental,
vision, supplemental or ancillary plans offered through the City and approved by
the Director of Human Resources.
a. For employees enrolled in either the HMO or PPO (non-HSA)
medical plans, the City shall pay up to $1 ,050 per month of the
cost of the plan for employees and their eligible dependents
(spouse, registered domestic partners and qualified
dependents) The cost of any plan selected by the employee that
exceeds $1,050 shall be paid by the employee through a pre-tax
payroll deduction.
b. Effective January 1, 2015, employees enrolled in either the
HMO or PPO (Non-HSA) medical plans, the City shall increase
the amount by $70.00 and pay up to $1 120.00 toward the
monthly medical allowance.
c. For Employees enrolled in the PPO/HSA plan, the City shall pay
up to $800 per month of the monthly cost of the plan for
employees and their eligible dependents (spouse, registered
domestic partners and qualified dependents). ln addition, for
each employee enrolled in a PPO/HSA plan, annually the City
shall make lump sum contributions to a health savings account
(HSA) as follows: $1,500 in January and $500 each in March,
June, and September. The cost of any PPO/HSA plan selected
by the employee that exceeds $800 shall be paid by the
employee through a pretax payroll deduction.
d. Effective January 1,2015, employees enrolled in the PPO/HSA
medical plan, the City shall increase the amount by $70 and pay
up to $870 toward the monthly cost of the plan for employees
and their eligible dependents.
D.
City Council members are entitled to the same medical benefits offered to the
management and confidential employees. The City shall not pay or reimburse
any medical-related health, vision, or dental costs not covered by the City's
insurance program or Medicare for City Council members or their eligible
dependents or spouses.
The City shall not provide or reimburse the City Council members or their
dependents or spouses for expenses incurred relating to a PERS longterm
health care benefit.
24
Section 13: DENTAL INSURANCE
The City of Vernon provides a dental insurance plan to fulltime employees. ln the
event an employee does not exceed his/her monthly employer medical allowance, the
employee shall be allowed to apply any unused portion toward the purchase of dental
insurance for himself/herself and eligible dependents (spouse, registered domestic
partners and qualified dependents). The cost of any plan selected by the employee
that exceeds his/her monthly employer medical allowance shall be paid by the
employee through a pre-tax payroll deduction.
25
Section 14: VISION INSURANCE
The City of Vernon provides a vision care plan to full{ime employees. The City shall pay
100% of the cost of such a plan for employees only. Employees shall have the option of
purchasing vision care for their dependents at a cost of $6.95 for one dependent or
$13.95 for two or more dependents. ln the event an employee does not exceed his/her
monthly employer medical allowance, the employee shall be allowed to apply any
unused portion towards the purchase of additional provided coverage for vision care.
26
Section 15: LIFE INSURANCE
The city provides a $20,000 life insurance plan to full-time employees. The city shall
pay 100% of the cost of such plan for employees. The City's agreement to pay full or
partial costs of said premiums shall not create or ripen into a vested right for said
employee. ln the event an employee does not exceed his/her monthly employer
medical allowance, the employee shall be allowed to apply any unused portion
towards the purchase of additional provided coverage for supplemental life insurance.
27
Section 16: DEFERRED COMPENSATTON PLAN
Employees are eligible to participale in the City's Deferred Compensation program.
28
Section 17: CALIFORNIA PUBLIC EMPLOYEE RETTREMENT SYSTEM (CALPERS)
CONTRIBUTION
MISCELLANEOUS EMPLOYEES
A. The City shall maintain its contract with the Califomia Employees Public Retirement
System (PERS) that provides full{ime employees hired before January 1, 2013 with
2.7oh al55 PERS retirement benefit plan.
As a result of the recent passage of AB 340, Public Employee Pension Reform Act
(PEPRA), new CaIPERS members hired on or after January 1, 2013 who meet the
definition of new member under PEPM, shall be provided a 2.0% at 62 pERS
retirement benefit plan.
B. Employees shall be responsible for paying 100% of their PERS employee's
contributions.
C. The City provides additional supplemental retirement benefits to full-time employees
under CaIPERS as follows:
Gov't Code Section: 20042 - (Classic Members Only) One
Year Final Compensation
New employees hired on or after January 1,2013 who meet the
definition of new member under PEPRA shall receive 3 Year
Averaqe Final Compensation
Gov't Code Section: 21024 - Military Service Credit as Public
Service
Gov't Code Section: 21624,21626,21628 - Post Retirement
Survivor Allowance
d. Gov't Code Section: 21548 - Pre-Retirement Option 2W
Death Benefit
d. Gov't Code Section: 21573 - Third Level of 1959 Survivor
Benefits
The payment to CaIPERS made by the City on behalf of the affected employee
shall not be considered as base salary but shall be considered an employer
contribution pursuant to Section 414(h)(2) of the lntemal Revenue Code.
b.
D.
29
SAFEW EMPLOYEES
A. The City shall maintain its contract with the California Employees Public Retirement
System (PERS) that provides full-time safety employees hired before January 1,
2013 with 3.0o/o at 50 PERS retirement benefit plan.
As a result of the recent passage of AB 340, Public Employee Pension Reform Act
(PEPRA), new CaIPERS safety members hired on or after January 1,2012 who meet
the definition of new member under PEPM, shall be provided a 2.7Yo at 57 PERS
retirement benefit plan.
B. Employees shall be responsible for paying their PERS nine percent (9%) employee's
contributions.
C. The City provides additional supplemental retirement benefits to full-time employees
under CaIPERS as follows:
a. Gov't Code Section: 20042 - (Classic Members Only) One
Year Final Compensation
New employees hired on or after January 1,2013 who meet the
definition of new member under PEPRA shall receive 3 Year
Averaqe Final Comoensation
b. Gov't Code Section: 20124 - Military Service Credit as Public
Service
c. Gov't Code 21574 - 4h Level 1959 Survivor Benefit (Fire
members only)
d. Gov't Code Section: 21571 - Basic Level of 1959 Survivor
Benefit (Police members only)
e. Gov't Code Section: 21624, 21626, 21628 - Post Retirement
Survivor Allowance
f. Gov't Code Section: 21548 - Pre-Retirement Option 2W
Death Benefit (Fire members only)
S. Gov't Code Section 20965 - Credit for Unused Sick Leave
D. The payment to CaIPERS made by the City on behalf of the affected employee
shall not be considered as base salary but shall be considered an employer
contribution pursuant to Section 414(h)(2) of the lnternal Revenue Code.
30
Section 18: RETIREE MEDICAL - NON-SAFEW EMPLOYEES
A. The City will pay up to the amount equivalent to the then current, lowest cost,
employee only HMO insurance premium for the City's m edical and/or dental
insurance premium(s) for all full-time employees designated as Executive,
Management, Mid-Management and Confidential who retire at age 60 or later with at
least twenty(20) years of continuous uninterrupted service.
B. Retired employees will be permifted to enroll in a higher-cost plan and pay the
amount in excess of the HMO equivalent.
C. All full-time regular employees with at least thirty (30) years of continuous
uninterrupted service who retire before the age of sixty (60) years will be
permitted to pay their medical and/or dental insurance premiums, and, upon
reaching the age of sixty (60), the City will pay up to the amount equivalent to
the then current lowest cost, employee only HMO medical and/or dental
insurance premium(s).
D. All f ull-tlme regular employees, who retire with a minimum of ten (10)
years of continuous uninterrupted service with the City, may pay the premium(s)
for medical and/or dental insurance.
E. All retiree medical and/or dental insurance benefits provided pursuant to subsections
A, B, and C above, shall be for retired employees only and shall not include their
spouses or other dependents.
F. All retired employees who receive medical and/or dental insurance benefits
pursuant to subsections A, B, or C above and who reach the age of sixty-five
(65), are required to be enrolled in Medicare, and shall show proof of such
enrollment, where upon the City's insurance policy will become supplemental
coverage, if applicable.
G. Should the retired employee fail to pay any premiums due for the cost of the
insurance premium for the City's medical-dental insurance program for any two
(2) consecutive months, or should the coverage otherwise lapse for any reason
other than City's non-payment, then the City's obligation to make further payment
under the retiree medical benefits program shall automatically terminate and
cease, without the need for further notice.
H. The City's obligation to make any payment under the retiree medical benefits
program shall automatically terminate and cease upon the death of the retired
employee.
I. The offer of the retiree medical benefits is not a vested right for future years.
J. City Council members are entitled to the same retiree medical benefits offered to all
3l
full-time regular employees as identified under the cityivide resolution for retiree
medical benefits in effect at the time Council members retire.
32
Section 19: LONGEVITY PROGRAM
A. LONGEVITY PROGRAM FOR EMPLOYEES EMPLOYED ON OR BEFORE
JUNE 30, 1994.
The City has established a longevity program for all employees. The
longevity program described herein will apply to all employees, except Department
Heads and employees covered in a collective bargaining agreement, employed on or
before June 30, 1994.
a. Five (5) Years of Service.
All eligible employees who have five (5) years of consecutive
uninterrupted service on or before July 1, 1986, shall receive an additional five percent
(5%) per month of their base salary effective July 1, 1986, and every year thereafter
until reaching the next step. Employees upon reaching their Sth anniversary date after
July 1, 1986, shall be entitled to said five percent (5%) per month upon said anniversary
date.
b. Ten (10) Years of Service.
All eligible employees who have ten (10) years of consecutive
uninterrupted service on or before July 1, 1987, shall receive an additional ten percent
(10%) per month of their base salary effective July 1, 1987, and every year thereafter
until reaching the next step. Employees upon reaching their 1Oth anniversary date after
July 1 , 1987, shall be entitled to said ten percent (10%) per month upon said
anniversary date.
c. Fifteen (15) Years of Service.
All eligible employees who have fifieen ( 1 5) years of consecutive
uninterrupted service on or before July 1, 1988, shall receive an additional fifteen
percent (15%) per month of their base salary effective July 1, 1988, and every year
thereafter until reaching the next step. Employees upon reaching their 1Sth anniversary
date after July 1, 1988, shall be entitled to said fifteen percent (15%) per month upon
said anniversary date.
d. Twentv (20) Years of Service.
All eligible employees who have twenty (20) years of consecutive
uninterrupted service on or before July 1, '1989, shall receive an additional twenty
percent (20o ) pq month of their base salary effective July 1, '1989, and every year
thereafter. Employees upon reaching their 20th anniversary date after July 1 , 1989,
shall be entitled to said twenty percent (20o/o) per month upon said anniversary date.
e. Thirtv (30) Years of Service - Fire - Sworn
All eligible fire employees who have been appointed to a position ranking
above Captain and who have thirty (30) years of consecutive uninterrupted service on
or before July 1, 1991, shall receive an additional twenty-five percent (25%) of their
base salary per month effective July 1, '1991, and every year thereafter. Employees in
J-)
said position upon reaching their 30th anniversary date after July 1 , 1991 , shall be
entitled to said twenty-five percent (25%) per month upon said anniversary date.
f. Compensation Not Cumulative.
Payment of the aforesaid longevity compensation shall not be cumulative
and only the highest applicable longevity pay shall be paid.
B. LONGEVITYPROGRAM FOREMPLOYEESONORAFTERJULYl,
1994 AND ON OR BEFORE DECEMBER 31,2013.
The longevity program described in Section B herein will apply to all
employees, except Department Heads and employees covered in a collective
bargaining agreement, employed on or after July 1, 1994.
a. Five (5) Years of Service.
All eligible employees who are employed on or after July 1, 1994 and on
or before December 31, 2013, who attain five (5) years of consecutive uninterrupted
service shall receive an additional five percent (5%) per month of their base salary.
Such employees upon reaching their Sth anniversary date shall be entitled to receive
said five percent (5%) per month upon said anniversary date. Further, such
employees will not be entitled to receive any additional percentage increase to their
base salary for further service. This subsection shall only apply to employees hired
on or after July 1 , 1994 and on or before December 31 , 201 3.
34
Section 20: BILINGUAL PAY
A program is hereby established for all employees whose regular and essential job
duties as described in their job description provide for interaction with the public on a
regular basis, allowing said employee to be compensated for bilingual skills after the
employee demonstrates proficiency in speaking Spanish (the ability to read and write in
Spanish may also be tested, if necessary), which proficiency would be determined by
successful completion of a proficiency test administered by the Human Resources
Department. Those employees who successfully demonstrate this skill would be eligible
to receive an additional One Hundred Twenty-Five Dollars ($125.00) per month for
bilingual pay.
35
Section 21: UNIFORM ALLOWANCE
A. lf an employee's job classification requires him/her to wear a uniform while on
duty, as designated by the City or employee's Department, the City will provide
and launder such uniform.
B. For the Administrative Secretary and Police Records Manager that works in the
Police Department, the City will provide the initial set of uniforms to the
employees. The newly hired employee will receive: two (2) class A uniforms; two
(2) class B uniforms; two (2) polo shirts and one (1) jacket or sweater. On all
subsequent anniversary dates the City will provide an annual uniform purchase
and maintenance allowance of $600.00. The employee's uniforms shall meet the
applicable regulations for his/her job classification pursuant to City/Departmental
policies.
C. The monetary value of uniforms shall be reported to CaIPERS in accordance with
CCR 571(a) and as defined by GC 7522.O4(t\
36
Section 22: STAND-BY POLICY
The purpose of the Stand-by Policy is to have employees on stand-by to respond to
major incidents and emergencies during non-working hours which require immediate
aftention to availability of qualified individuals with expertise in operating, maintaining,
restoring and repairing the City's technology systems.
A. lt is presently anticipated that the need for stand-by is for one (1) lnformation
Technology staff, with the understanding that actual stand-by staffing, if any,
remains at the discretion of the department head.
B. The Stand-by Policy does not apply to FLSA exempt managers and Executive
staff.
C. Stand-by duty requires that an employee be accessible, available, and physically
able to report to work. The employee must possess a City issued mobile phone
device that remains available for immediate contact. The employee must be
ready, willing, and able to respond to an emergency or incident or request for
assistance based on a pre-arranged schedule. Employees on stand-by must
respond to the mobile phone call immediately and be able to respond to the City
within one (1) hour of being called upon. The department head or designee will
determine if an employee is qualified to perform stand-by duties. The stand by
duty period shall be defined by the Department Head.
D. Employees on "stand-by" shall receive two (2) hours of regular straight time
compensation for each date that the employee is assigned to be on stand-by.
Stand-by time is not counted as hours worked for purposes of overtime
calculation as employees are not restricted in their activities and may engage in
non-work related personal activities. On City-recognized Holidays where City Hall
is closed, employees on stand-by will be compensated four (4) hours of straight
time compensation.
E. An employee assigned to stand-by who is not available to report will be subject to
appropriate disciplinary action, unless the employee provides sufficient notice to
their immediate supervisor of their incapacity to respond prior to the call back so
that appropriate arrangements can be made for stand-by coverage.
F. When an employee on "stand-by" is called back to the City, he/she shall be
entitled to "stand-by" pay. Call back duty does not occur when an employee is
held over from his/her prior shift, or is working planned overtime. An employee
called back to duty shall be paid a minimum of four (4) hours of pay at the
applicable overtime rate. Time begins when the call back request is received and
ends when the employee returns home. lf work is performed remotely, the
employee shall receive hour for hour compensation at the applicable overtime
rate.
G. The employee will at times remain able to immediately respond to any
emergencies.
H. Each employee on stand-by duty is accountable to all of the rules and regulations
of the City.
L
ln the event of a call back, the employee will wear his/her City uniform, if
applicable.
38
PART I!
CLASSIFICATION AND COMPENSATION PLAN
39
Section 1. PURPOSE
Exhibit A to this resolution is enacted pursuant to the city of Vemon city charter to
provide for the classification and compensation of City officers and employees, and to
conform to the principle of equal pay for equal work.
Officers and employees of the City of Vernon shall receive compensation and costs in
accordance with the amounts set forth in the attached compensation plan.
Section 2. THE COMPENSATION PLAN
The basic compensation plan for the various employee units, groups and non-
classified employees, as of the date of adoption of this plan is hereby established as
set forth in Exhibit A, Citywide Classification and Compensation Plan, which is
attached hereto and incorporated herein by reference.
The City Administrator shall have authority to create and maintain salary steps to
implement the provisions of this Section. Salaries granted pursuant to this provision
shall be reported to PERS as compensation earned. Please refer to Human
Resources Policy ll-3, Salary Plan for specific policy and procedures.
Section 3. THE CLASSIFICATION PLAN
The classification plan includes the allocation of class titles to salary ranges for City
officers and employees. The Classification Plan further includes the allocation of class
titles to salary ranges for those employees that are designated as exempt from the
classified service. These exempt classes are for elective officers; persons appointed
by the City Council, including the City Administrator, and City Attorney; persons
appointed by the City Administrator, including department head or designees; and
persons appointed by the City Attorney pursuant to City of Vernon Municipal Code
that serve in an "at will" capacity subject to the terms and conditions of an
employment contract and are so designated in the plan as "non-classified." The
classification plan as of the date of adoption of this plan is hereby established as set
forth in Exhibit "A" whlch is aftached hereto and incorporated herein by reference. The
Human Resources Director, with approval by the City Administrator or his/her
designee, is responsible for maintenance of the Classification Plan, including the
allocation of new or changed positions to the appropriate class, the recommendation
of proper salary ranges within the provision of pay administration, maintenance of up-
to-date class specifications, and the preparation of reports and recommendations on
revisions to the Classification Plan. Please refer to Human Resources policy ll-1,
Classification Plan Administration for specific policy and procedures.
40
EXHIBIT A
CLASSIFICATION AND COMPENSATION PLAN
4t
City of Vernon
Classification and Compensation Plan
Effective December 21, 2015
1ot22
1025 Council Member
1030 Mayor
1010 City Administrator
101 5 Deputy City Administrator
1625 lnformation Technology Analyst
1630 lnformation Technology Technician
Step 1
Step 2
Step 3
Step 4
Step 5
o01
o0l
E50
NE c26
$25,752
$25,752
$241/U
$293,436
$148,212
$155,616
$163,392
$171 ,564
$180,156
$74,856
$78,600
$82,524
$86,652
$90,984
$86,652
$90,984
$95,5214
$100,320
$105,336
$128,028
$134,436
$141 ,144
$148,212
$155,616
$s8,644
$61 ,s84
$64,656
$67,896
$71,28O
$2,146
$2,146
$20,1-t7
$24,453
$12,351
$12,968
$13,616
$14,297
$15,013
$1 16.0s96
$141 .0750
$71 .2558
$74.8154
$78.5538
$82.4827
$86.6135
$990.46
$990.46
$9,284.77
$1 1,286.00
$5,700.46
$5,985.23
$6,284.31
$6,598.62
$6,929.08
E
E
Min
Max
Step 1
Step 2
Step 3
Step 4
Step 5
1620 lnformation Technology Analyst, Senior NE
Step 1
Step 2
Step 3
Step 4
Step 5
1 610 lnformation Technology lvlanager
Step .l
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
$6,238
$6,550
$6,877
$7,22.1
$7,s82
$7,22'l
$7,582
$7,962
$8,360
$8,778
$10,669
$1 1,203
$1 1,762
$12,351
$12,968
$4,887
$s,132
$5,388
$5,658
$s,940
$35.9885
$37.7885
$39.6750
$41.6s96
$43.7423
$41.6s96
$43.7 423
$45.9346
$48.2308
$s0.6423
$61 .5s19
$64.6327
$67.8577
$71.2558
$74.8154
$2A1,942
$29.6077
$31.0846
$32.e.23
$34.2692
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,499.38
$3,332.77
$3,499.38
$3,674.77
$3,858.46
$4,051.38
$4,924.1s
$5,170.62
$5,428.62
$s,700.46
$5,985.23
$2,255.54
$2,368.62
$2,486.77
$2,61 1.38
$2,7 41 .54
Class Occubati6nal .l.|h Familias ,n.l .lrlh alaccae PAY
Annual
New
Monthly Hourly Pay PeriodCodeFLSA
'Add Administ@live Fire Engineer, Fielighler/Paramedic, FielighterParamedic Coodinatot and Fircfighter Pay Bange Onty
ELECTED OFFICIALS
City of Vernon
Classification and Compensation Plan
Effective December 21, 2015
2o122
1615 Programmer/Analyst
1 1 10 City Attorney
1 1 15 Deputy City Attorney
.1525 Legal Secretary
131 0 City Clerk
1315 Deputy City Clerk
1320 Records Management Assistant
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step I
Step 2
Step 3
Step 4
Step 5
$90,984
$95,5,14
$100,320
$105,336
$1 10,592
$208,536
$255,780
$134,436
$141,144
$148,212
$15s,616
$163,392
$s8,644
$61,584
$64,6s6
$67,896
$71,280
$134,436
$163,392
$71,280
$74,856
$78,600
$e2,524
$86,6s2
$ss,860
$58,644
$61,584
$s,656
$67,896
$69,840
$7,582
$7,962
$8,360
$8,778
$9,216
$17,378
$21 ,315
$1 1,203
$11,762
$12,351
$12,968
$13,616
$4,887
$5,132
$5,388
$5,658
$5,940
$1 1,203
$13,616
$s,940
$6,238
$6,5s0
$6,877
$7,221
$4,655
$4,887
$s,132
$5,388
$5,658
$5,820
$43.7423
$45.9346
$48.2308
$s0.6423
$53.1692
$3,499.38
$3,674.77
$3,858.46
$4,051.38
$4,253.54
E47
Min
Max
$100.2s77
$'122.9712
$&.6327
$67 .8577
$71.2558
$74.8154
$78.5538
$28.1942
$29.6077
$31.0846
$32.6423
$34.2692
$8,020.62
$9,837.69
$5,170.62
$5,428.62
$5,700.46
$5,985.23
$6,284.31
$2,25s.54
$2,368.62
$2,486.77
$2,61 1.38
$2,74'1.54
Min
[r1ax
t\4 38
E38
NE \,25
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Yl
$M.6327
$78.5538
$u.2692
$35.9885
$37.7885
$39.6750
$41.6596
$26.8558
$28.1942
$29.6077
$31.0846
$32.6/.23
$33.5769
$5,170.62
$6,284.31
$2,741.54
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$2,148.46
$2,255.54
$2,368.62
$2,486.77
$2,61 1.38
$2,686.1s
Clas-s f.ll.!l!"rrati.rrtal .l6h Familiac rn.l .lah t]laac..PAY
Annual
New
Monthly Hourly Pay PeriodCodeFLSA
'Add Administrative Fie Engineer, FitefrghterParamedb, Fiefighte Paamedic Coordinatot and Firelightet Pay Hange Only
City of Vernon
Classification and Compensation Plan
Effective December 21, 2O1 5
3o122
1505 Administrative Aide (part-time hourly)
Step 1
1 530 Administrative Assistant
SteP 1
Step 2
Step 3
SleP 4
Step 5
1530 Administrative Assistant, (Confidential)
Step 1
Step 2
Step 3
Step 4
Step 5
1520 Administrative Assistant, Senior
Step 1
Slep 2
Step 3
Step 4
Step 5
Y1
1520 Administrative Assistant, Senior (Confidential
Step 1
Step 2
Step 3
Step 4
Step 5
1510 Administrative Secretary
Step 1
Step 2
Step 3
Step 4
Step 5
Grandfathered - G1
Grandfathered - G2
Grandfathered - G3
'1500 Executive Assistant to the City Administrator
Step 1
Step 2
Step 3
NE
c5
G13
c13
NE G17
c17
$39,696
$41,688
$43,764
$45,960
$48,252
$39,696
$41,688
$43,764
$45,960
$48,252
$48,252
$s0,6s2
$53,208
$s5,860
$58,644
$59,484
$48,252
$50,6s2
$53,208
$55,860
$58,644
$55,860
$s8,6,14
$61,584
$64,656
$67,896
$66,216
$69,864
$73,704
$67,896
$71,280
$74,8s6
$3,308
$3,474
$3,647
$3,830
$4,021
$3,308
$3,474
$3,647
$3,830
$4,021
$4,O21
$4,221
$4,434
$4,655
$4,887
$4,9s7
$4,021
$4,221
$4,434
$4,655
$4,887
$4,655
$4,887
$5,132
$5,388
$5,658
$s,518
$5,822
$6,142
$s,6s8
$5,940
s6,238
$40.0000
$19.0846
$20.0423
$21.0404
$22.0962
$23.1981
$19.0846
$20.0423
$21.0404
$22.0962
$23.1981
$23.1981
$24.3519
$25.5808
$26.8558
$28.1 942
$28.s981
$23.1981
$24.3519
$25.5808
$26.8558
$28.1942
$26.8s58
$28.1942
$29.6077
$31.0846
$32.6423
$31.8346
$33.5885
$3s.4346
$32.6423
$u.2692
$35.9885
$1,526.77
$1,603.38
$1,683.23
$1,767.69
$1,855.85
$1,526.77
$1,603.38
$1,683.23
$1,767.69
$1,855.8s
$1 ,855.85
$1,948.15
$2,046.46
$2,148.46
$2,255.s4
$2,287.85
$1,85s.85
$1,948.15
$2,046.46
$2,148.46
$2,255.54
$2,148.46
$2,255.54
$2,368.62
$2,486.77
$2,61 1.38
$2,546.77
$2,687.08
$2,$4.77
$2,61 1.38
$2,7 41 .54
$2,879.08
City of Vernon
Classification and Compensation Plan
Effective December 21, 2015
4o122
Step 4
Step 5
$6,ss0
$6,877
$37.7885 $3,023.08
$39.6750 $3,174.00
1250 Account Clerk
1247 Accounl Clerk, Senior
1240 Accountant
1230 Accountant, Senior
1220 Assistant Finance Director
1249 Business License Clerk
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
$3,474
$3,647
$3,830
$4,o21
$4,221
$4,221
$4,434
$4,6ss
$4,887
$5,132
$5,132
$s,388
$5,658
$s,940
$6,238
$6,238
$6,550
$6,877
$7,221
$7,s82
$10,161
$10,669
$1 1,203
$11,762
$12,3s1
$3,830
$4,021
$4,221
U,434
$4,655
$20.0423
$21.0404
$22.0962
$23.1981
$24.3519
$24.3519
$2s.s808
$26.8s58
$28.1942
$29.6077
$29.6077
$31.0846
$32.6/.23
$34.2692
$35.988s
$3s.9885
$37.788s
$39.6750
$41 .6596
$43.7423
$58.6212
$61.5519
$64.6327
$67.8577
$71 .2ss8
$22.0962
$23.1981
$24.3519
$25.5808
$26.8s58
$1,603.38
$1,683.23
$1,767.69
$1,855.85
$1,948.15
$1 ,948.15
$2,046.46
$2,148.46
$2,255.54
$2,368.62
$2,368.62
$2,486.77
$2,611.38
$2,741.54
$2,879.08
$2,879.08
$s,023.08
$3,174.00
$3,332.77
$3,499.38
$4,689.69
M,924.15
$5,170.62
$s,428.62
$5,700.46
$1,767.69
$ l,855.85
$1,948.15
$2,046.46
$2,148.46
$82,524
G14
M1,688
$43,764
$45,960
$48,252
$50,652
G18
$50,6s2
$53,208
$55,860
$58,644
$61,584
c22
$61,s84
$64,656
$67,896
$71,280
$74,856
c26
$74,856
$78,600
$82,524
$86,652
$90,984
M36
$121 ,932
$128,028
$134,4s6
$141,144
$148,2't2
G16
$45,960
$48,252
$50,652
$53,208
$55,860
M341225 Deputy City Treasurer
Class
Code OccuDational Joh Famili.s ,n.l .l6h (:lrqs.s FI qA PAY
Annual
New
Monlhly Hourly Pay Period
'Add Admin$tative Fie Engineer, Firefighter/Paamedic, FiefighterParcmedic Cootdinatot and Fielightet Pay Range Only
E
City of Vernon
Classification and Gompensation Plan
Effective December 21, 2015
5o122
1210 Director ol Finance/City Treasurer
1245 Payrcll Specialist
1248 Public Housing Property Coordinator
1235 Purchasing Assistant
501 5 Assistant Fire Chief
5033 Assistant Fire Marshal
Step 1
Step 2
Step 3
Step 4
Step 5
$1 10,592
$1 16,124
$121 ,932
$128,028
$134,436
$1 55,616
$189,156
$210,000
$53,208
$5s,860
$58,644
$61,s84
$64,656
$45,960
$48,252
$50,652
$53,208
$55,860
$5s,860
$58,644
$61,584
$64,656
$67,896
$9,216
$9,677
$10,161
$10,669
$1 1,203
$12,968
$1s,763
$17,500
$4,434
$4,6s5
M,887
$5,132
$s,388
$3,830
$4,021
$4,221
$4,4u
$4,655
$4,655
$4,887
$5,132
$5,388
$5,65e
$53.1692
$s5.8288
$58.6212
$61 .5519
$u.6327
$74.8154
$90.9404
$100.961 5
$25.5808
$26.8558
$28.1942
$29.6077
$31 .0846
$22.0962
$23.1981
$24.3519
$25.s808
$26.8s58
$26.8558
$28.1942
$29.6077
$31.0846
$32.6423
$4,253.54
$4,466.31
$4,689.69
$4,924.15
$s,170.62
$5,985.23
$7,275.23
$8,076.92
$2,046.46
$2,148.46
$2,25s.54
$2,368.62
$2,486.77
$1,767.69
$1,855.85
$1 ,948.1 5
$2,046.46
$2,148.46
$2,148.46
$2,255.54
$2,368.62
$2,486.77
$2,611.38
$s,985.23
$6,284.31
$6,598.62
$6,929.08
$7,275.23
$3,332.77
$3,499.38
$3,674.77
$3,858.46
$4,051.38
E41
lvl in
l\ilax
Y,I
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
c19
cl6
FM41
$155,61 6
$163,392
$171,s64
$180,1 56
$189,1s6
M29
$86,652
$90,984
$95,544
$100,320
$105,336
$74.8154
$78.5538
$82.4827
$86.6135
$90.9404
$ 41.6s96
$ 43.7423
$ 45.9346
$ 48.2308
$ 50.6423
$12,968
$13,616
$14,297
$1 s,013
$15,763
$7 ,221
$7,582
$7,962
$8,360
$8,778
5025 Fire Battalion Chiel (P)NE FM38
l:laec Oc.rrrrali.lnal .l.lh Familics an.l .loh Classes PAY
Annual
New
Monlhly Hourly Pay PeriodCa.le FLSA
'Add Administative Fire Engineet, Fi@fighter/Parafiedic, FiefightelPaQmedic Cootdinator and Firelighter Pay Range Only
NE GzO
City of Vernon
Classification and Compensation Plan
Effective December 21, 2015
6o122
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
$1 1,762
$12,351
$12,968
$13,61 6
$134,436
$141,144
$14A,212
$15s,616
$163,392
FA38
$134,436
$141,144
$148,212
$155,61 6
$163,392
F31
$95,5,,14
$100,320
$105,336
$1 10,592
$116,124
FA31
$95's'14
$100,320
$10s,336
$1 10,592
$116,124
E45
$189,156
$229,908
G25
$71,280
$74,856
$78,600
$82,524
$86,652
F28
$82,s24
$86,652
$90,984
$95,5,14
$100,320
FFeA
$82,524
1 ,203 1662 $s,170.62
$48.4698 $5,428.62
$50.8970 $5,700.46
$s3.4396 $5,985.23
$56.1099 $6,284.31
5025 Fire Battalion Chief (A)
5030 Fire Captain (P)
5030 Fire Captain (A)
5010 Fire Chief
5050 Fire Code lnspector
5040 Fire Engineer (P)
NE
$1 1,203
$11,762
$12,351
$12,968
$13,616
$7,962
$8,360
$8,778
$9,216
$9,677
$7,962
$8,s60
$8,778
$9,216
$9,677
$15,763
$19,159
$5,940
$6,238
$6,s50
$6,877
$7 ,221
$6,877
$7,221
$7,582
$7,962
$8,360
$6,877
$M.6327
$67.8577
$71.2558
$74.8154
$78.5538
$32.8104
$34.4505
$36.1731
$37.9780
$39.8777
$45.9346
$48.2308
$50.6423
$53.1692
$55.8288
$5,170.62
$5,428.62
$5,700.46
$5,985.23
$6,284.31
$3,674.77
$3,858.46
$4,051.38
$4,253.54
$4,466.31
$3,674.77
$3,858.46
$4,0s1.38
$4,2s3.54
$4,466.31
Min
Max
$90.9404 $7,275.23
$110.5327 $8,842.62
NE
$34.2692
$35.9885
$37.7885
$39.6750
$41.6596
$28.3393
$29.7569
$31.22145
$32.8104
$34.4s0s
$2,741.54
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$3,858.46
5040 Fire Engineer (A)NE
$39.6750 $3,174.00
Occupational Job Families and Job Classes
City of Vernon
Classification and Compensation Plan
Effective December 21, 2015
7o122
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Slep 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step .l
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
$7,582
$7,962
$8,360
$8,778
$9,216
$9,677
$1 0,161
$10,669
$5,940
$6,238
$6,550
$6,877
$7,221
$5,940
$6,238
$6,s50
$6,877
$7,221
$6,877
$7 ,221
$7,582
$7,962
$8,360
$6,822
$7,221
$7,582
$7,962
$8,360
$7,221
$7,582
$7,962
$8,360
$8,778
$7,221
$43.7423
$45.9346
$48.2308
$50.6423
$53.1692
$55.8288
$58.6212
$61 .5519
$24.4780
$25.7060
$26.991 8
$28.3393
$29.7569
w.2692
$35.9885
$37.7885
$39.6750
$41.6596
$28.3393
$29.7s69
$31.2445
$32.8104
$34.4505
$39.6750
$41.6596
$43.7423
$45.9346
$48.2308
$29.7569
$31 .2445
$32.8104
$34.4505
$36.1731
$41.6596
$3,499.38
$3,674.77
$3,858.46
$4,051.38
$4,253.54
$4,466.31
$4,689.69
$4,924.'15
$2,741.54
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$2,741.54
$2,879.08
$3,023.08
$3,174-00
$3,332.77
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$3,858.46
$3,174.00
$3,332.77
$3,499.38
$3,674-77
$3,858.46
$3,332.77
$3,499.38
$3,674.77
$3,858.46
$4,051.38
$3,332.77
$86,652
$90,984
$95,5'z14
$100,320
FM33
$105,336
$1 10,592
$1 16,124
$121,932
$128,028
F25
$71,280
$74,856
$78,600
$82,524
$86,652
FA25
$71,280
$74,856
$78,600
$82,524
$86,652
F28
$82,524
$86,652
$90,984
$95,544
$ 100,320
FA28
$82,524
$86,6s2
$90,984
$95,544
$100,320
F29
$86,652
$90,984
$95,544
$100,320
$105,336
Fpeg
$86,652
,221 '1.6596 $3,332.77
5020 Fire Marshal
5060 Firelighter (P)
5060 Firefighter (A)
5045 Firef ighter/Paramedic (P)
5045 Firefighter/Paramedic (A)
5035 Firef ighter/Paramedic Coordinator (P)
NE
NE
NE
5035 Firefighter/Paramedic Coordinator (A)
Occupational Job Families and Job Classes
City of Vernon
Classification and Compensation Plan
Effective December 21, 201 5
8of22
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
M31
NE G27
M35
NE G17
$90,984
$95,544
$100,320
$105,336
$95,544
$100,320
$105,336
$1 10,592
$1 1 6,124
$78,600
$82,524
$86,652
$90,984
$95,544
$1 16,124
$121,932
$128,028
$134,436
$141,144
$48,252
$50,652
$53,208
$5s,860
$58,644
$74,856
$78,600
$82,524
$86,652
$90,984
$116,124
$121 ,932
$7,582 $43.7423
$7,962
$8,360
$8,778
$7,962
$8,360
$8,778
$9,216
$9,677
$4s.9346
$48.2308
$50.6423
$53.1692
$s5.8288
$45.9346 $3,674.77
$48.2308 $3,858.46
$s0.8123 M,051.38
$3,67 4.77
$3,8s8.46
$4,051.38
$4,253.54
$4,466.31
8710 Business and Account Supervisor
8615 Utilities Compliance Analysl
8610 Utilities Compliance Manager
$6,5s0
$6,877
$7,221
$7,582
$7,962
$9,677
$10,161
$10,669
$1 1,203
$1 1,762
$37.7885
$39.6750
$41.6596
$43.7423
$45.9346
$55.8288
$58.6212
$61 .5519
$64.6327
$67.8s77
$3,023.08
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$4,466.31
$4,689.69
$4,924.1s
$5,170.62
$5,428.62
8530 Utilities Customer Service Representative
SteP 1
Step 2
Step 3
Step 4
Step 5
8510 Utilities Customer Service Supervisor
SteP 1
Step 2
Step 3
SteP 4
Step 5
$4,021
$4,221
$4,434
$4,655
$4,887
$6,238
$6,550
$6,877
$7 ,221
$7,582
$23.1981
$24.3519
$25.5808
$26.8558
$28.1942
$35.9885
$37.7885
$39.67s0
$41 .6596
$43.7423
$1,8s5.85
$1,948.1s
$2,046.46
$2,148.46
$2,2s5.54
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,499.38
Step 'l
Step 2
$9,677
$10,161
$s5.8288 $4,466.31
$58.6212 $4,689.69
8040 ElectricOperations Supervisor
City of Vernon
Classification and Compensation Plan
Effective December 21, 2015
9o122
8035 Electnc Operator
8053 Electrical Test Technician, Senior
8050 Metering Technician
8045 Power Plant Operator
8055 Electrical Test Technician
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
$128,028
$134,436
$141,144
$90,984
$95,544
$100,320
$105,336
$1 10,592
$95,5,14
$100,320
$105,336
$1 10,s92
$116,124
$86,6s2
$90,984
$95,s44
$100,320
$105,336
$10,669
$1 1,203
$1 1,762
$7,582
$7,962
$8,360
$8,778
$9,216
$7,962
$8,360
$8,278
$9,216
$9,677
$7 ,221
$7,582
$7,962
$8,360
$8,778
$61.5519
$64.6327
$67.8577
$43.7423
$4s.9346
M8.2308
$50.6423
$53.1692
$45.9346
$48.2308
$50.6423
$53.1692
$5s.8288
$41.6596
$43.7423
$45.9346
$48.2308
$50.6423
$4,924.15
$5,170.62
$s,428.62
$3,499.38
$3,67 4.77
$3,858.46
M,051.38
$4,253.54
$3,674.77
$3,8s8.46
$4,0s1.38
$4,2s3.54
$4,466.31
$3,332.77
$3,499.38
$3,674.77
$3,858.46
$4,051.38
t31NE
NE
NE
129
$82,524
$86,652
$90,984
$95,544
$100,320
$86,6s2
$90,984
$95,544
$100,320
$10s,336
$10s,336
$1 10,s92
$1 16,124
$121 ,932
$128,028
$6,877
$7,221
$7,582
$7,962
$8,360
$7 ,221
$7,582
$7,962
$8,360
$8,778
$8,778
$9,216
$9,677
$10,161
$10,669
$39.6750
$41.6596
$43.7423
$45.9346
$48.2308
$3,174.00
$3,332.77
$3,499.38
$3,67 4.77
$3,858.46
$41.6596
$43.7423
$45.9346
$48.2308
$50.6423
$50.6423
$s3.1692
$5s.8288
$58.6212
$61.5519
$3,332.77
$3,499.38
$3,67 4.77
$3,8s8.46
$4,051.38
$4,051.38
$4,253.s4
$4,466.31
$4,689.69
$4,924.15
8030 Utilities Dispatcher
City of Vernon 10 ol 22
Classification and Compensation Plan
Effective December 21, 2O1 5
8025 Utilities Dispatcher, Senior
8015 Utilities Operations Manager
8130 Associate Electrical Engineer
Step 1
Step 2
Step 3
Slep 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
$1 10,s92
$1 16,124
$121 ,932
$128,028
$134,436
$134,436
$141 ,144
$148,212
$1 ss,616
$163,392
$86,6s2
s90,984
$95,544
$100,320
$10s,336
$55,860
$58,644
$61,584
$04,656
$67,896
$70,860
$9s,s44
$100,320
$105,3s6
$1 10,592
$1 16,124
$105,336
$1 10,592
$116,124
$121 ,932
$128,028
$148,212
$1 55,616
$163,392
$9,216
$9,677
$10,161
$10,669
$1 1,203
$1 1,203
$1 1,762
$12,351
$12,968
$13,61 6
s53.1692
$55.8288
$58.6212
$61 .5519
$64.6327
$64.6327
$67.8577
$71 .25s8
$74.8154
$78.5538
$4'l .6596
$43.7 423
$45.9346
$48.2308
$50.6423
$26.8558
$28.1942
$29.6077
$31.0846
$32.6/.23
$34.0673
$4s.9346
$48.2308
$50.6423
$53.1692
$55.8288
$50.6423
$53.1692
$5s.8288
$58.6212
$61 .5519
$71.25s8
$74.8154
$78.5538
$4,253.54
$4,466.31
$4,689.69
$4,924.15
$5,170.62
$5, 170.62
$5,428.62
$5,700.46
$5,985.23
$6,284.31
8140 Computer Aided Drafting Technician NE G20
8125 Electrical Engineer
8.1 15 Supervising Electrical Engineer
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Y1
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
$7,22.1
$7,582
$7,962
$8,360
$8,778
$4,6s5
$4,887
$5,132
$5,388
$5,6s8
$5,905
$7,962
$8,360
$8,778
$9,216
$9,677
$8,778
$9,216
$9,677
$10,161
$10,669
$12,351
$12,968
$13,616
$3,332.77
$3,499.38
$3,674.77
$3,858.46
$4,051.38
$2,148.46
$2,255.54
$2,368.62
$2,486.77
$2,611.38
$2,725.38
$3,674.77
$3,858.46
$4,051.38
$4,253.54
$4,466.31
$4,0s1.38
$4,253.s4
$4,466.31
$4,689.69
$4,924.15
$5,700.46
$5,98s.23
$6,284.31
31
81 10 Utilities Engineering Manager
NE M33
City of Vernon
Classification and Compensation Plan
Effective December 21, 2015
11 ot 22
Step 4
Step 5
$171 ,564
$180,156
$90,984
$95,544
$100,320
$105,336
$1 10,s92
$1 1 1,300
$1 10,592
$1 16,124
$121 ,932
$128,028
$134,436
$74,856
$78,600
$82,524
$86,652
$90,984
$82,524
$86,652
$90,984
$95,544
$100,320
$90,984
$95,544
$100,s20
$105,336
$1 10,592
$1 55,616
$163,392
$ r 71 ,564
$180,156
$189,156
$14,297
$.r 5,013
$7,582
$7,962
$8,360
$8,778
$9,216
$9,275
$9,216
$9,62
$10,161
$10,669
$1 1,203
$6,238
$6,5s0
$6,877
$7,221
$7,582
$6,877
$7,221
$7,582
$7,962
$8,360
$7,582
$7,962
$8,360
$8,778
$9,216
$12,968
$13,61 6
$14,297
$1s,013
$15,763
$82.4827 $6,s98.62
$86.6135 $6,929.08
8215 Gas Systems Specialist
8210 Gas Systems Superintendent
8220 Gas Systems Technician
8435 Assistant Resource Scheduler
8430 Associate Resource Scheduler
Step 1
Step 2
Step 3
Step 4
Step 5
YC1
Step I
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
$43.7423
$45.9346
$48.2308
$s0.6423
$53.1692
$53.5096
$53.1692
$55.8288
$58.6212
$61 .5519
$64.6327
$35.988s
$37.788s
$39.67s0
$41.6596
$43.7 423
$3,499.38
$3,674.77
$3,858.46
$4,051.38
$4,253.s4
$4,280.77
$4,253.54
$4,466.31
$4,689.69
$4,924.15
$5,170.62
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,499.38
r30
$39.6750
$41.6596
$43.7423
$45.9346
$48.2308
$43.7423
$45.9346
$48.2308
$s0.M23
$53.1692
$74.8154
$78.5538
$82.4827
$86.6135
$90.9404
$3,174.00
$3,332.77
$3,499.38
fis,674.77
$3,858.46
$3,499.38
$3,674.77
$3,858.46
$4,0s1.38
$4,2s3.s4
$s,985.23
$6,284.31
$6,598.62
$6,929.08
$7,275.23
8410 Electric Resources Planning & Dev. Mngr
Step 1
Step 2
Step 3
Step 4
Step 5
[i]41
NE I3O
City of Vernon
and Compensation Plan
December 21,2015
12 ol 22
Classification
Effective
8425 Electric Service Planner
8415 Resource Planner
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
8420 Resource Scheduler
831 5 Telecommunications Specialist
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step I
8310 Telecommunications Systems Engineer
SteP 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 1
Step 2
NE
NE
$74,856
$78,600
$82,524
$86,652
$90,984
$1 1 6,124
$121,932
$128,028
$134,436
$141,144
$100,320
$105,336
$1 10,s92
$1 16,124
$121,932
$6,238
$6,ss0
$6,877
$7,221
$7,582
$9,677
$1 0,161
$10,669
$1 1,203
$1 1,762
$8,360
$8,778
$9,216
$9,677
$1 0,161
$35.9885
$37.788s
$39.6750
$41 .6s96
$43.7423
$s5.8288
$58.6212
$61.5519
$&.6327
$67.8577
$48.2308
$50.6423
$53.1692
$55.8288
$58.6212
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,499.38
$4,466.31
$4,689.69
$4,924.15
$5,170.62
$5,428.62
$3,858.46
$4,051.38
$4,2s3.54
$4,466.31
$4,689.69
$3,169.38
$3,004.15
$2,847.69
$2,699.08
$2,558.77
$2,425.38
$2,298.92
$2,178.92
$4,280.77
$4,057.85
$3,846.00
$3,64s.69
$3,455.54
$3,27s.08
$3,104.31
$2,942.77
NE
$82,404
$78,108
$74,040
$70,176
$66,s28
$63,060
$59,772
$s6,652
$111,300
$105,504
$99,996
$94,788
$89,844
$85,152
$80,712
$76,512
$6,867
$6,509
$6,170
$5,848
$5,544
$5,255
$4,981
$4,721
$9,275
$8,792
$8,333
$7,89e
$7,487
$7,096
$6,726
$6,376
$39.6173
$37.s519
$3s.5962
$33.7385
$31 .9846
$30.3173
$28.7365
$27.2365
$53.5096
$50.7231
$48.0750
$45.5712
$43.1942
$40.938s
$38.8038
$36.7846
$1 16,124
$121,932
$9,677
$10,161
$ss.8288 $4,466.31
$58.6212 $4,689.69
2015 Deputy Dir. of Health & Environmental Contr( E
132
City of Vernon
Classification and Compensation Plan
Effective December 21, 2015
13 ot 22
Step 3
SteP 4
SteP 5
2010 Director of Health and Environmental Control E
Min
Max
2030 Environmental Specialist
2025 Environmental Specialist, Senior
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
G1
G2
G3
G4
1410 Director of Human Resources
E43
c26
E40
$128,028
$134,436
$141 ,144
$171 ,564
$208,s36
$67,896
$71,280
$74,8s6
$78,600
$82,524
$82,524
$86,6s2
$90,984
$95,544
$100,320
$95,916
$101 ,196
$106,764
$1 12,632
$148,212
$180,156
$196,000
$74,856
$78,600
$82,524
$86,6s2
$90,984
$100,320
$105,s36
$1 10,592
$1 16,124
$121,932
$10,669
$1 1,203
$11,762
$14,297
$17,378
$s,6s8
$s,940
$6,238
$6,s50
$6,877
$6,877
$7,221
$7,582
$7,962
$8,360
$7,993
$8,433
$8,897
$9,386
$61 .5519
$64.6327
$67.85r/
$82.4827
$100.252
$32.6423
$34.2692
$35.9885
$37.7885
$39.67s0
$39.6750
$41.6596
$43.7423
$45.9346
$48.2308
$46.1 135
$48.6519
$51.3288
$54.1500
$4,924.15
$5,170.62
$5,428.62
$6,598.62
$8,020.62
$2,611 .38
$2,741.54
$2,879.08
$3,023.08
$3,174.00
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$3,8s8.46
$3,689.08
$3,892.15
$4,106.31
$4,332.00
Grandfathered - Hired before July 1, 2014
Grandfathered - Hired before July 1, 2014
Grandfathered - Hired before July 1, 2O14
Grandfathered - Hired before July 1, 2014
1420 Human Resources Analyst
Min
Max
Y1
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
$12,351
$15,013
$16,333.34
$6,238
$6,550
$6,877
$7 ,221
$7,582
$8,360
$8,778
$9,216
$9,677
$10,161
$71.2558
$86.613s
$94.2308
$35.9885
$37.7885
$39.67s0
$41 .6s96
$43.7423
$48.2308
$50.6423
$s3.1692
$55.8288
$58.6212
$5,700.46
$6,929.08
$7,ss8.46
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,499.38
$3,858.46
$4,051.38
$4,2s3.s4
$4,466.31
$4,689.69
1415 Human Resources Analyst, Senior
Occupational Job Families and Job Classes
City of Vernon
Classification and Compensation Plan
Effective December 21, 2015
14 ot 22
Human Resources Assistant
3010 lndustrial Development Director
1020 Economic Development Manager
4035 Police Cadet
401 5 Police Captain
40.10 Police Chief
Step 1
Step 2
Step 3
Step 4
Step 5
$48,2s2
$s0,6s2
$53,208
$55,860
$58,644
$4,021
$4,221
$4,434
M,65s
$4,887
$11 ,762
$12,3s1
$12,968
$13,616
$14,297
$10,161
$10,669
$1 1,203
$11,762
$12,351
$3,177
$3,012
$2,85s
$2,706
$2,565
$2,431
$2,305
$2,184
$1 1,762
$12,351
$12,968
$13,616
$14,297
$16,551
$20,1 17
$10,161
$10,669
$23.1981
$24.351 9
$25.s808
$26.8558
$28.1942
$1,855.85
$1,948.15
$2,046.46
$2,148.46
$2,255.54
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 1
Step 2
Step 3
Step 4
Step 5
$141,144
$148,212
$155,616
$163,392
$171 ,s64
$121 ,932
$128,028
$134,436
$141 ,144
$148,212
3180
$38,124
$36,1'14
$34,260
$32,472
$30,780
$29,172
$27,660
$26,208
PM39
$141 ,-144
$148,212
$1s5,616
$163,392
$171 ,564
E46
$198,612
$241 ,404
PM36
$121,932
$12e,O28
$67.8s77
$71.2558
$74.8154
$78.s538
$82.4827
$58.6212
$61.5519
$64.6327
$67.8577
$71.2s58
$s,428.62
$5,700.46
$s,98s.23
$6,284.31
$6,s98.62
$4,689.69
$4,924.15
$s,170.62
$s,428.62
$5,700.46
Min
Max
Step 'l
Step 2
$18.3288
$17.3769
$16.4712
$15.61 1s
$14.7981
$14.0250
$13.2981
$12.6000
$67.8577
$71.2s58
$74.8154
$78.5538
$82.4827
$95.4865
$1 16.0596
$58.6212
$61.55'19
$1,466.31
$1 ,390.15
$1 ,317.69
$1,248.52
$1,183.8s
$1,122.00
$1,063.85
$1,008.00
$5,428.62
$5,700.46
$s,985.23
$6,284.31
$6,598.62
$7,638.92
$9,284.77
$4,689.69
$4,924.15
4020 Police Lieutenant
Clrq(Or!.'lneri.rnal .lah Famili.< ^n.l -l^h t:lae.Ec PAY
Annual
New
Monthly Hourly Pay PeriodCodeFLSA
'Add Adninislrative Fire Engineer, FirefighteiParamedic, FircfrghEr/Paramedrc Coordinalot and Frcfightet Pay Range Only
1425
City of Vernon
Classification and Compensation Plan
Effective December 21, 2015
15 ol 22
4030 Police Off icer
4025 Police Sergeant
4125 Civilian Court Officer
4123 Police Community Services Officer
41 30 Police Dispatcher
Step 3
Step 4
Step 5
Slep 1
Step 2
Step 3
Step 4
Step 5
Y1
Y2
Y3
Step 1
Step 2
Step 3
Step 4
Step 5
Y1
Y2
Y3
Step I
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
NE PO25
NE PO3O
G17
G16
G18
$134,436
$141,144
$148,212
$71,280
$74,856
$78,600
$82,524
$86,652
$83,784
$88,404
$93,2s2
$90,984
$95,s44
$100,320
$10s,336
$110,592
$102,012
$107,616
$1 13,s44
$48,252
$50,6s2
$53,208
$s5,860
$58,644
$45,960
$48,252
$50,652
$53,208
$5s,860
$50,652
$53,208
$5s,860
$58,644
$61 ,584
$1 1,203
$1 1,762
$12,3s1
$5,940
$6,238
$6,550
$6,877
$7,221
$6,982
$7,367
$7,771
$7,s82
$7,962
$8,360
$8,778
$9,216
$8,501
$8,968
$9,462
M,021
$4,221
$4,434
$4,6s5
$4,887
$3,830
$4,021
$4,221
$4,434
M,655
$4,221
$4,4U
$4,655
$4,887
$5,1s2
$67.8577
$71.2s58
$u.2692
$35.988s
$37.7885
$39.67s0
$41.6s96
$40.2808
$42.5019
$44.8327
$43.7423
$45.9346
s48.2308
$50.6423
$53.1692
$49.0442
$51.7385
$54.5885
$5,170.62
$5,428.62
$5,700.46
$2,741.54
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,222.46
$3,400.1s
$3,s86.62
$3,499.38
$3,674.77
$3,858.46
$4,051.38
$4,253.54
$3,923.s4
$4,139.08
$4,367.08
$23.1981
$24.3s19
$2s.5808
$26.8s58
$28.1942
$22.0962
$23.1981
$24.3519
$2s.5808
$26.8558
$24.3519
$2s.s808
$26.8s58
$28.1942
$29.6077
$1,855.85
$1,948.15
$2,046.46
$2,148.46
$2,255.54
$1,768
$1,856
$1,948
$2,046
$2,148
$1 ,948.15
$2,046.46
$2,148.46
$2,255.54
$2,368.62
G2041 '15 Police Dispatcher, Lead
Class Occuoalidnal .lalr Frmilias znd .ll1h Clrasae PAY
Annual
New
Monthly Hourly Pay PeriodCodeFLSA
'Add AdninEtrative Fie EngineeL Fircfightet/Paramedb, FirefightetPaafiedic Coordinator and Firefighter Pay Range Only
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Y1
Step 1
Step 2
Step 3
Step 4
Step 5
$58,644
$61,584
$64,6s6
$67,896
$78,600
$82,524
$86,6s2
$90,984
$95,544
$41,688
$43,764
$45,960
$48,252
$50,652
$51,540
$45,960
$48,252
$50,652
$53,208
$5s,860
$134,436
$141,144
$148,212
$155,616
$163,392
$198,612
$241,4U
$71,280
$74,856
$78,600
$4,655
$4,887
$5,132
$s,388
$s,658
$6,550
$6,877
$7,221
$7,582
$7,962
$3,47 4
$3,647
$3,830
$4,021
$4,221
$4,295
$3,830
$4,021
$4,221
$4,434
$4,655
$26.8ss8
$28.1942
$29.6077
$31.0846
$32.6423
$37.7885
$39.6750
$41.6596
$43.7423
$4s.9346
$20.0423
$21.0404
$22.0962
$23.1981
$24.3519
$24.7788
$22.0962
$23.1981
$24.3519
$2s.5808
$26.8ss8
16 ol 22
$5,170.62
$5,428.62
$5,700.46
$5,985.23
$6,284.31
$7,638.92
$9,284.77
$2,2s5.54
$2,368.62
$2,486.77
$2,611.38
$3,023.08
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$1,603.38
$1,683.23
$1,767.69
$1,855.85
$1 ,948.15
$1,982.31
$1,767.69
$1,855.85
$1,948.1s
$2,046.46
$2,148.46
City of Vernon
Classification and Compensation Plan
Effective December 21, 2015
41 10 Police Records Manager
4135 Police Records Technician
4120 Police Records Technician, Lead
G14
G.t 6
E46
$1 1,203
$1 1,762
$12,351
$12,968
$13,61 6
$16,551
$20,1 17
70 15 Deputy Director ot PW, Water and Dev. Serv E
Step 1
Step 2
Step 3
Step 4
Step 5
7010 Director o{ PW, Water and Development Ser E
Min
Max
Step 1
Step 2
Step 3
M38
$64.6327
$67.8s77
$71 .2558
$74.8154
$78.5538
$95.4865
$1 16.0596
$5,940
$6,238
$6,550
$34.2692 $2,742
$35.e885 $2,879
$37.788s $3,023
Building lnspector
Occupational Job Families and Job Classes
City of Vernon
Classification and Compensation Plan
Effective December 21, 2015
17 ol 22
7215 Building lnspector, Senior
7 225 Elecltical I nspector
7213 Electrical lnspector, Senior
7250 Permit Technician
7220 Assistant Planner
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Y1
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
G27
NE G25
NE G17
G2s
$82,524
$86,652
$78,600
$82,524
$86,652
$90,984
$95,544
$96,612
$71,280
$74,856
$78,600
$82,524
$86,652
$78,600
$82,524
$86,652
$90,984
$95,544
$48,2s2
$50,652
$53,208
$55,860
$58,M4
$61,584
$64,656
$67,896
$71,280
$74,856
$71,280
$74,856
$78,600
$82,524
$86,652
$78,600
$6,877
$7 ,221
$6,5s0
$6,877
$7,221
$7,582
$7,962
$8,051
$5,940
$6,238
$6,550
$6,877
$7,221
$6,5s0
$6,877
$7,221
$7,582
$7,962
$4,021
$4,221
$4,434
$4,655
$4,887
$s,132
$s,388
$5,658
$5,940
$6,238
$s,940
$6,238
$6,550
$6,877
$7 ,221
$6,5s0
$41.6596
$37.788s
$39.6750
$41.6596
$43.7423
$45.9346
$46.2148I
$34.2692
$35.988s
$37.7885
$39.67s0
$41.6596
$37.7885
$39.6750
$41.6596
$43.7423
$45.9346
$23.1981
$24.3519
$25.s808
$26.8558
$28.1942
$29.6077
$31 .0846
$32.6423
$34.2692
$3s.988s
$34.2692
$35.9885
$37.7885
$s9.6750
$41.6s96
$37.7885
$3,174
$3,333
$3,023.08
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$3,715.85
$2,7 41 .54
$2,879.08
$3,023.08
$3,1 74.00
$3,332.77
$3,023
$3,174
$3,333
$3,499
$3,67s
$1,855.85
$1,948.15
$2,046.46
$2,148.46
$2,255.54
$2,368.62
$2,486.77
$2,61 1.38
$2,741.54
$2,879.08
$2,741.54
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,023.08
7235 Plumbing and Mechanical lnspector
Step 1
Step 2
Step 3
Step 4
Step 5
7213 Plumbing and Mechancial lnspector, Senior
Step I
l:.l.lc Occrlnelionel .l.rh Frmilics en.l .l6ir Class.s FI SA PAY
Annual
New
Monthly Hourly Pav Pari6.l
'Add Adminbttalive Fire Engineer, Firefighter/Paramedic, Fi@fighter/Paamedb Cootclinator and Firclighlet Pay Bange Ooly
NE G27
NE G22
City of Vernon
Classification and Compensation PIan
Effective December 21, 2O1 5
18 ot 22
7140 Assistant Engineer
7135 Associate Engineer
71 18 Civil Engineer
7145 Engineering Aide
71 '15 Principal Civil Engineer
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
$82,524
$86,652
$90,984
$95,544
$67,896
$71,280
$74,856
$78,600
$82,524
$82,524
$86,6s2
$90,984
$95,s44
$1 00,320
$100,320
$105,336
$1 10,592
$1 16,124
$121 ,932
$58,644
$61,584
$64,656
$67,896
$71 ,280
$121 ,932
$128,028
$134,436
$141,144
$148,212
$90,984
$95,544
$100,320
$105,336
$1 10,592
$6,877
$7,221
$7,582
$7,962
$5,658
$5,940
$6,238
$6,550
$6,877
$6,8r2
$7,221
$7,582
$7,962
$8,360
$8,360
$8,28
$9,216
$9,677
$10,161
$4,887
$5,132
$5,388
$s,6s8
$5,940
$10,161
$10,669
$11,203
$11,762
$12,351
$7,582
$7,962
$8,360
$8,778
$9,216
$39.6750
$41.6s96
$43.7423
$45.9346
$3,174.00
$3,332.77
$3,499.38
$3,674.77
G28
G21
$32.6/.23
$34.2692
$35.9885
$37.7885
$39.67s0
$39.6750
$41 .6596
$43.7423
$45.9346
$48.2308
$48.2s08
$50.6423
$53.1692
$55.8288
$58.6212
$28.1942
$29.6077
$31.0846
$32.e.23
$u.2692
$58.6212
$61 .5519
$64.6327
$67 .8577
$71.2s58
$43.7423
$45.9346
$48.2308
$50.6423
$53.1692
$2,61 1 .38
$2,741.54
$2,879.08
$3,023.08
$3,174.00
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$3,8s8.46
$3,858.46
$4,051.38
$4,253.s4
$4,466.31
$4,689.69
$2,255.54
$2,368.62
$2,486.77
$2,611.38
$2,741.54
$4,689.69
$4,924.15
$5,170.62
$5,428.62
$5,700.46
$3,499.38
$3,67 4.77
$3,858.46
$4,051.38
$4,253.54
7120 Prcjecl Engineer G30
City of Vernon
Classification and Compensation Plan
Effective December 21, 2015
19 ol 22
7125 Stormwater and Special Proiects Analyst
Step 1
Step 2
Step 3
Step 4
Step 5
7720 Facilities Maintenance Worker
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
YCl
7730 Facilities Maintenance Worker, Senior
Step 1
Step 2
Step 3
SteP 4
Step 5
Mechanic
7735 Facilities Maintenance Worker, Lead
NE G27
G16
lrlll
G19
$78,600
$82,524
$86,652
$90,984
$95,544
$45,960
$48,252
$50,652
$53,208
$55,860
$61,584
$64,656
$67,896
$71,280
$74,856
$75,936
$50,652
$53,208
$55,860
$58,644
$61,584
$53,208
$55,860
$58,644
$61,584
$e,6s6
$64,656
$67,896
$71,280
$74,8s6
$78,600
$6,s50
$6,877
$7,221
$7,s82
$7,962
$37.7885
$39.6750
$41.6596
$43.7423
$4s.9346
$3,023.08
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$3,830
$4,021
$4,221
$4,4u
M,6ss
$5,132
$5,388
$5,658
$s,940
$6,238
$6,328
$4,221
W,4u
$4,655
$4,887
$5,132
$22.0962
$23.1981
$24.3519
$25.5808
$26.8558
$29.6077
$31.0846
$32.6/.23
$34.2692
$35.9885
$36.5077
$24.3519
$25.5808
$26.8558
$28.1942
$29.6077
$1,767.69
$1,85s.8s
$1,948.15
$2,046.46
$2,148.46
$2,368.62
$2,486.77
$2,611.38
$2,741.54
$2,879.08
$2,920.62
$1,948.15
$2,046.46
$2,148.46
$2,2s5.54
$2,368.62
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
$4,4u
$4,655
$4,887
$5,132
$s,388
$5,388
$5,658
$5,940
$6,238
$6,550
$25.5808
$26.8558
$28.1942
$29.6077
$31.0846
$31 .0846
$32.6423
$34.2692
$35.988s
$37.7885
$2,046.46
$2,148.46
$2,25s.54
$2,368.62
$2,486.77
$2,486.77
$2,61 1.38
$2,741.54
$2,879.08
$3,023.08
7520 Mechanic, Lead
Claq<Ocr:rrrrali.'nel .loh Familics an.l .l.ih (:l.e-qcq PAY
Annual
New
Monrhly Hourly Pav Pari.r.lCarleFLSA
'Add Administralive Fie EngineeL Fiefightet/Pa@rnedb, Firefighter/Paanedb Coordinalot and Firefighter Pay Range Only
City of Vernon
Classification and Compensation Plan
Effective December 21, 2O1 5
20 ol22
7525 Mechanic, Senior
Meter Reader
7820 Meter Beader, Lead
7430 Street Maintenance Worker
7425 Street Maintenance Worker, Senior
7630 Warehouse Worker
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
NE G21
G'1 8
G15
Gl8
G16
$58,644
$61,584
$s,656
$67,896
$71,280
$s0,652
$53,208
$55,860
$58,6214
$61,584
$55,860
$58,644
$61,584
$64,656
$67,896
$43,764
$45,960
$48,252
$50,652
$53,208
$50,652
$s3,208
$ss,860
$58,644
$61,sM
$45,960
$48,252
$50,652
$s3,208
$55,860
$4,887
$s,132
$s,388
$s,6s8
$5,940
$28.1942
$29.6077
$31.0846
$32.6423
$34.2692
$2,255.54
$2,368.62
$2,486.77
$2,61 1.38
$2,741.54
$4,221
$4,434
$4,655
$4,887
$5,132
$4,655
$4,887
$5,132
$s,388
$s,6s8
$3,647
$3,830
$4,021
$4,221
$4,434
$4,221
$4,4U
$4,6s5
$4,887
$5,132
$3,830
$4,021
$4,221
$4,434
M,65s
$24.3s19
$2s.5808
$26.85s8
$28.1942
$29.6077
$26.8558
$28.1942
$29.6077
$31.0846
$32.6423
$1,948.1s
$2,046.46
$2,148.46
$2,255.54
$2,368.62
$2,148.46
$2,255.54
$2,368.62
$2,486.77
$2,61 1.38
$21.0404
$22-0962
$23.1981
$24.3s19
$25.5808
$24.3519
$25.5808
$26.8558
$28.1942
$29.6077
$1,683.23
$1,767.69
$1,855.85
$1 ,948.1 5
$2,046.46
$1,948.15
$2,046.46
$2,148.46
$2,255.54
$2,368.62
$22.0962
$23.1981
$24.3s19
$2s.s808
$26.8558
$1,767.69
$1,855.8s
$1,948.15
$2,046.46
$2,148.46
7620 Warehouse Worker, Lead
NE
G21
I'IEEF r)cerrnrlinhrl .l6h Familiec .n.l .l.rh Cla.cac PAY
Annual
New
Monthly HourlyCarlaFLSA
'Add Administrative Fire Engineer, Firclighter/Parafiedic, Fi@lighte Paramedic C@dinator and Fiefighter Pay Range Only
City of Vernon 21 ol 22
Classification and Compensation Plan
Effective December 21, 2015
7625 Warehouse Worker, Senior
Step 1
Step 2
Step 3
Step 4
Step 5
Y1
Step 1
Step 2
Step 3
Step 4
Step 5
$61,584
$64,6s6
$67,896
$71,280
$73,704
$50,652
$53,208
$55,860
$58,644
$61,584
$4,887
$s,132
$5,388
$5,658
$5,940
$6,142
$4,221
$4AU
$4,65s
$4,887
$5,132
$2,368.62
$2,486.77
$2,61 1.38
$2,741.54
$2,834.77
$1,948.1s
$2,046.46
$2,148.46
$2,255.54
$2,368.62
$28.1942 $2,255.54
$29.6077
$31.0846
$32.6423
$34.2692
$35.4346
$24.3519
$25.5808
$26.8558
$28.1942
$29.6077
$3s.9885
$37.7885
$39.6750
$41.6596
$43.7423
$39.6750
$41.6596
$43.7423
$45.9346
$48.2308
$50.6423
$53.1692
$55.8288
$58.6212
$61 .5s19
$41.6596
$43.7423
$45.9346
$48.2308
$s0.6423
$41 .6596
$43.7423
$45.9346
$48.2308
7330 Public Works Foreman
7320 Public Works and Water Foreman
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
7310 Public Works and Water Superintendent
Step 1
Step 2
Step 3
SteP 4
Step 5
7130 Public Works Project Coordinator
Step 1
Step 2
Step 3
Step 4
Step 5
7132 Public Works Water Project Coordinator
Step 1
Step 2
Srep 3
SteP 4
G18
M26
M28
$6,238
$6,s50
$6,877
$7,221
$7,582
$6,877
$7,221
$7,582
$7,962
$8,s60
$8,778
$9,216
$9,677
$10,161
$10,669
$7,221
$7,582
$7,962
$8,360
$8,778
$7,221
$7,s82
$7,962
$8,s60
$74,856
$78,600
$82,524
$86,652
$90,984
$82,524
$86,652
$90,984
$95,5214
$100,320
$10s,336
$110,592
$116,124
$121 ,932
$128,028
$86,652
$90,984
$95,544
$100,320
$10s,336
$86,6s2
$90,984
$9s,5,14
$100,320
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,499.38
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$3,858.46
$4,051.38
s4,253.54
$4,466.31
$4,689.69
$4,924.15
$3,332.77
$3,499.38
$3,674.77
$3,858.46
$4,051.38
$3,332.77
$3,499.38
$3,674.77
$3,858.46
G29
Occupational Job Families and Job Classes
City of Vernon
Classification and Compensation Plan
Effective December 21, 2015
22 ol 22
Step I
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Slep 5
Step I
Step 2
Step 3
Step 4
Step 5
05,336
$67,896
$71,280
$74,856
$78,600
$82,524
$8,778
$s,658
$5,940
$6,238
$6,ss0
$6,877
$32.6/.23
$u.2692
$35.9885
$37.7885
$39.6750
$2,61 1.38
$2,741.54
$2,879.08
$3,023.08
$3,174.00
$s0.6423 M,051.38
7325 Street and WaterCrew Leader
7930 Water Maintenance Worker
7925 Water Maintenance Worker, Senior
G24
$48,252
$50,652
$53,208
$s5,860
$58,644
$61,584
$9,656
$67,896
$71,280
$74,856
$4,O21
$4,221
$4,434
M,6ss
$4,887
$5,132
$5,388
$5,658
$5,940
$6,238
$23.1981
$24.3519
$25.5808
$26.85s8
$28.1942
$29.6077
$31.0846
$32.6/.23
$34.2692
$35.9885
$1,85s.85
$1,948.1s
$2,046.46
$2,148.46
$2,255.54
$2,368.62
$2,486.77
$2,61 1.38
$2,7 41 .s4
$2,879.08
Alex Kung, Economic Development Vfonug". $lL
'REGEIVED
JAN 13 20t6
DATE:
TO:
FROM:
RE:Approval of Third Amendment to Agreement Regarding Assignment and
Assumption of Purchase and Sale Agreement with Fruitland Owner, LLC
(COX) for the property located at 3200 Fruitland Avenue
Recommendation
A. Find that approval of the Third Amendment to Agreement Regarding Assignment and
Assumption of Purchase and Sales Agreement proposed in this staff report is exempt from
the Califomia Environmental Quality Act (CEQA) in accordance with Section 15061(bX3),
the general rule that CEQA only applies to projects that may have an effect on the
environment.
B. Adopt a resolution approving the Third Amendment to Agreement Regarding Assignment
and Assumption of Purchase and Sale Agreement with Fruitland Owner, LLC for the
property located at 3200 Fruitland Avenue, in substantially the same form as submitted
herewith.
Background
At the August 12, 2015 meeting the City Council adopted Resolution No. 2015-57 which
approved the assignment of approximately 14.53 acres of unimproved property located at 3200
Fruitland Avenue to COX for $22,556,769 for the purpose of redevelopment. Since the approval
the City granted COX an amendment to the agreement to correct the Escrow Agent. At the
November 17, 2015 meeting the City Council ratified the second amendment to extend the
closing date to December 30,2015 with an extension up to sixty days. In late December 2015,
COX communicated to the city the desire to assign a percentage of their interest to another
investor. Below is a summary of the terms and agreements for the Third Amendment:
1) Assisnment: COX's rights and obligation shall be assigned to CPF/COX Vemon, LLC.
The assignment does not relieve COX from its obligations to the city under the original
assignment.
January 19,2016
Honorable Mayor and City Council
2) Closine: The Closing date shall occur Thursday, February 18, 2016 unless both parties
agree to close prior to that date. If the City Council has not approved the Third
Amendment by January 19,2016 COX may elect to waive any outstanding conditions
and close on January 25,2016 OR the original Assignment and Agreement with COX
would terminate.
3) Extension Fee: COX shall pay an additional $25,000 extension fee for the month of
February. This fee will be passed on to Pechiney.
Fiscal Imoact
The city will receive an additional $25,000 fee, however, this amount will be offset by the
$25,000 extension fee that Pechiney charges the city. Thus, the net impact to the city is zero.
Attachment(s)
None
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVTNG AND AUTHORfZTNG THE EXECUTION OF A
THIRD A},IENDMENT TO AGREEMENT REGARDING ASSIGNMENT
AND ASSI]MPTTON OF PURCHASE AND SALE AGREEMENT BY
AND BETWEEN THE CITY OF VERNON AND FRUfTI.AND OWNER,
LLC FOR PROPERTY LOCATED AT 32OO FRUTTI,AND AVENUE
WHEREAS. on March 22, 2006, the City Council of the CiCy of
Vernon adopted Resol-ution No. 8995, as amended on May 3, 2006,
Aprif 7, 2015, and June 11, 2015, approving a Standard Offer, Agreement
and Escrow Instructions and Addendum with Pechiney Cast P1at.e, fnc.
("Pechiney") for the purchase of property focated at 32OO Fruit.l-and
Avenue (the "Property,, ) ; and
WHEREAS, on Augus t. 18, 2015, the City Council of the City of
Vernon adopted Resolution No. 2015-57, as amended on August 2l , 20L5,
and November 17 , 2015, approving an Agreement regarding Assignment and
Assumption of Purchase and Sale Agreement (the '.Agreement,. ) by and
between the City of Vernon ("City" ) and Fruicland Owner, LLC (.COX" )
for property l-ocated at 3200 Fruitland Avenue Eo assign the City.s
right, t.ilIe and interest in, t.o and under Ehe Agreement Eo COX; and
WHEREAS, the City and COX desire to enEer into a Third
Amendment to the Agreement (Ehe .'Amendment,, ) to amend certain
provisions of the Agreement relating Eo Ehe closing date and
conditions of closing; and
WHEREAS, COX desires to assign their rights and obligations
of the Agreement. to CPF/COX Vernon, LLC; and
WHEREAS, the CiCy Council of the City of Vernon desires to
approve t.he Amendment and authorize Ehe execution thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CTTY COI]NCIL OF THE
CfTY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
the above recitals are true and correct..
City Council of the City of vernon finds
finds and determines that
SECTION 2: The
that Ehis action is exempt. under the Cafifornia Environmentaf Quafity
Act (CEQA), in accordance with Section 15051(b) (3), the general rule
that CEQA only applies Eo projects that. may have an effect on the
environment..
SECTION 3: The City Councif of t.he CiEy of Vernon hereby
approves and authorizes the execution of the Third Amendment to
Agreement regarding Assignment. and Assumption of Purchase and Sal-e
Agreement with Fruit.land Owner, LLC (t.he '.Amendment,, ) , in
substantiafly t.he same form as the copy which is attached hereto as
Exhibit A.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execut.e said Agreements for,
and on behaff of, the City of Vernon and the City C1erk, or Deputy
City Clerk, is hereby authorized to attest theret.o.
SECTION 5: The City Council of the City of Vernon hereby
instruct.s t.he City Administ.rator, or his designee, to t.ake whatever
actions are deemed necessary or desj-rable for the purpose of
implement.ing and carrying out the purposes of this Resolut.ion and the
transactions herein approved or authorized, incfuding but not 1imited
to, any non- su-bst.antive changes to the Amendment attached herein.
SECTION 6: The City Council of t.he City of Vernon hereby
direct.s the Cit.y Cl-erk, or the Deput.y City C]erk, to send a full-y
executed Amendment to Fruitl-and Owner, LLC.
2
SECTfON 7: The City Clerk, or Deputy City Clerk, of the
City of Vernon shalL certify to the passalJe, approval and adoption of
this resofut.ion, and the City Clerk, or Deputy City C1erk, of the CiE.y
of Vernon shall cause this resolution and the Cj-ty Cferk,s, or Deputy
CiEy Clerk's, certificat.ion to be entered in the FiIe of Resolut.ions
of tshe Council of this City.
APPROVED AND ADOPTED this 19Eh day of January, 201_6.
Name:
Titfe: vtayor / Mayor Pro-Tem
ATTEST :
City Clerk / Deputy City Clerk
3
STATE OF CAIIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, , City C1erk / Deputy Citsy Clerk of t.he City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. , was duly passed, approved and adopted by Ehe
City Councif of the City of Vernon at a regular meeting of the City
Council- duly held on Tuesday, ,January 19, 2016, and thereafter was duly
signed by Ehe Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this _ day of ,January, 2O!5, aL Vernon, California.
City C1erk / Deputy CiEy Clerk
(SEAT)
4
EXHIBIT A
Third Amendment to
Agreement Regording Assip.ment and Assumption of hrrchase and Sale Agreement
THIS TT]IRD AMENDMENT TO AGREEMENT REGARDING ASSIGNMENT AND
ASSUMPTION OF PURCHASE AND SALE AGREEMENT (this,,Amendment',) is made and
entered into as of January _, 2016 (the "Effective Date,), by and between the City of Vemon
(.'Crt/), and Fruitland Omer LLC, a Delaware limited liability compary C.COX'), City and
COX me each referred to herein as a "Part,r'' and me collectively referred to as the ,,parties,,.
RECITALS
A. City, as buyeq aad Pechiney Cast Plate, Inc., as seller (,.Selter,'), are pmties to
that certain Standard Offer, Agreernent and Escrow Inshuctions for the Pwchase ofReal Estate
dated as of March 20, 2006 ("Original Agreemenf), with attached Addendum datod Mmch 20,
2006 ('Addendum'), as amended by that certail First Amendment to the same dated as of
June 15, 2006 ('First Amendrnenf), as firther amended by that certain second Amendment
dated as of Apri.l 7, 2015 (the "Second Amendment'), as fiuther amended by that certain Third
Amendment dated as of June 11, 2015 (the "Third Amendment"). The Original Agreement as
amended by the Addendum, the First A:nendment, the Second Amendment and the Third
Amendment sha1l hereinafter be ref@red to as the "Purchase Agreement".
B. Seller oms fee simple title to cefiain real property located in Vemon, Califomia
and described more particularly in the Purchase Agreement (together with the Buyer. Up Land,
(as referenced in Section 4.1 ofthe Second Amendment) the "Propert/).
C. Ptusuant to the temts and conditions ofthe Purchase Agre€men! City has agreed
to buy, and Seller has agreed to se1l to City, the Property.
D. Purzuant to the terms and conditions of that certain Agreement Regarding
Assignment and Assumption of Purchase and Sale Agreement, dated as of August 4, 2015,
executed by and between the City aod COX, as amended by that certain Amendment to
Agreement Regarding Assignment and Assumption of Purchase and Sale Agreemenl dated as of
August 21, 2015, as amended by that ceflain Second Amendment to Agreement Regarding
Assigrment and Assumption on Purchase and Sale Agreanent, dated as of Octob er 27 , 2Ol5 (the
"Second .Amendment to Assignment") (as amended, the "Assignment'), City has agreed to
assign its right, tifle and interest in, to and under the Purchase Agreement to COX.
E. The Parties desire to further amend the Assignment as set forth herein.
F. All capitalized terms not otherwise defined herein shall have the meanings given
to such terms in the Assignment.
AGREEMENT
For good and valuable consideration, the receipt ofwhich is hereby acknowledged, COX
and City hereby agree as follows:
wEsTu66938325.5
i
1.Amendments.
Closing. The first sentence of Section 9 of the Assignment (as amended by
Section l(b) of the Second Amendmsnt to Assimment) is hereby amended in its
entirety as follows: '"The closing of the assignment of the Purchase Agreernent
conterrplated by this Agreement ("Closing') shall occur on Thursday, February
18, 2016 (the "Closing Date"); provided that the parties may elect by mutual
writtur agreement to close prior to February 18, 2016." Section l(b) of the
Second Amendment to Assignment is of no further foroe or effect. Without
limitation thereto, neither party has a right to extend the Closing Date from and
after the date hereof.
Citv's Condilions Precedent. Section l0 of the Assignment is hereby amended to
add the following as Section 10.6 thereof: "10.6. On or prior to January 19,2016,
the City Council of the City of Vemon shall have approved the Third Amendment
to this Agreement and such other matters as me related thoreto as detennined
necessary in the discretion of Cify staff, and COX shail have obtained all intemal
approvals of the Third Amendment to this Agreernent. City shall notifu COX as to
whether such approvai by City Council rvas obtained on or prior to 5 p.m. Los
Algeles time on January 1 9, 201 6."
COX's Conditions Precedent. Section t I of the Assignmant is hereby amended
to add the follorving as Section 11.6 thereof: "l 1.6. On or prior to January 19,
2016, the City Council of the City of Vernon shall have approved the Third
Amendrnent to this Agreement and such other matters as me related thereto as
detemined necessary in the discretion of City staff, and COX sha1l have obtained
all intemal approvals of the Third Amendment to this Agreenent. COX shall
notifu City as to whether such intemal approvals were obtained on or prior to 5
p.m. Los Angeles time on Jaauary 19,2016."
COX hereby acknowledges and agrees that all of COX's Conditions Precedent
have been satisfied as of the date horeo{ except for the conditions set forth in
Section 11.1 (City's representations and warranties), Section 11.2 (Purchase
Agreement in effect as of Closing), and Section 11.6 (approval of Third
Amendment).
Failure of Condition Precedent rmder 10.6 or 11.6. If the City Council has not
approved the Third Amendment, or if COX has not obtained all internal approvals
of the Third Amendment, on or prior to January 19, 2016, then unless COX elects
to waive such condition and proceed to Closing (by written notice from COX to
City given no later than 5 p.m. Los Angeles time on January 21, 2016), the
Assignment shall automatically terminate, in which case neither party sha11 have
any fuither obligations thereunder or herermder, except to the extent of any
obligations which are stated to survive. If COX elects to lvaive such condition
and proceed to Closing, then the Closing shall occur, consistent with the intent of
the parties in the Second Amendment to Assietrment, on January 25, 2016, which
is the first business day following the 30ft day after the condition in Section 11.5
b.
wFsTu66938125 5
of the Assignment (as added by the Second Amendment to Assign:nent) (i.e.,
approval of the Soil Management Plan by the Califomia Deparhnent of Toxic
Substances Control) was satisfied.
Extension Fee. Pursuant to Section l(a)(iii) of the Second Amendment to
Assignment COX shall continue to pay on the first calendar day of each month
until Closing (or the succeeding business day if the 1st day of the calendar month
is not a bminess day) the amount of $25,000.00 per month to the City as
consideration for the Extension Fee payable by the City to Sel1er under the
Purchase Agreement. h.rrsuant to Secfion 1(a)(iv) of the Second Amendment to
Assignment, such amounts shall not be credited against the Purchase Price at
Closing and are deemed frr1ly earned and non-refirndable upon paym.ent to the
City as independent consideration for the City's agreements set forth in the
Second Amendmetrt to Assigffnent aod this Amendment.
Assimment. Pursuant to Section 15.7 of the Assignment, the City hereby
consents to an assignment of COX's rights and obligations under the Assignment
to CPF/COX Vemon, LLC, a Delaware limited liability company ('Assignee'),
provided, however, no such assignment by COX shall relieve COX from its
obligations under the Assignment, it being understood that rtpon any such
assignrrent COX shall remain liable to the City for the perfonnance of the
obligations of COX under the Assignment. COX hereby represeo.ts and wanants
to City that Assignee shall be as of the date of Closing at least l0% beneficially
owned (whether directly or indirectly) by (i) CAM Fruitland Capital LLC, a
Delaware limited liability company and an affdiate of Coheo Asset Managelnent,
Inc., a Califomia corporatiorL (ii) Fruitland XC, LLC, a Delaware limited liability
company and an affiliate of Xebec, LLC a Califomia limited liability company,
anrVor (iii) 3200 Fruitland cAP, LLC, a Delaware limited liabiliry company and
affiliate of Oaktree Capital Management, LP, a Delaware limited partnership.
Notice, The Assignment lacked a formal notics provision. It is agreed that from
and after the date hereol and/or with respect to any prior notices given, any notice
or other communication requfued or desired to be given hereundff shall be in
writing and shall be deemed to have been sufliciently given for all purposes if(a)
delivered personally to the party to whom the same is directed, (b) sent by Federal
Express or other national ovemight courier, charges prepaid, or (c) surt by
registered or certifierl maii, postage and charges prepaid, addressed to the party to
whom the same is directed at the address of such party as set forth below:
City:City of Vernon
4305 Santa Fe Avenue
Vemon, CA 90058
Attn: Hema Pate1, City Attomey
E: hpatel@ci.vemon.ca.us
P: 323.826.1440
F: 323.826.1.438
wBs1',2669t q325 5
J
2.
With a copy to:DLA PiperLLP US
550 South Hope Street, Suite 2300
Los Angeles, CA 90071
Ath: Michael Hamiltor5 Esq.
E: michael.hamilton@dlapioer.com
P: 213.130.7736
F: 213.330.7536
CPF/COX Vernon, LLC
c,/o Cohen Asset Managemen! Inc.
19@ Avenue ofthe Stars, Suite 500
lns Angeles, CA 90067
Attention: Mr. Bradley Cohor, President & CEO
E: Bradley@cohe,nasset.com
P:310.860.5460
F: 310.860.0599
Raines Feldman LLP
9720 Wilshire Blvd., Fifth Floor
Bwerly Hills, CA 90212
E: araines@raineslaw.com
P: 310.734.0401
F: 310;765.7731
hrchaser:
With a copy to:
Any notice which is served (i) personally shall be deemed to be given on the date
on which the same is actually served, (ii) by Federal Express or other national
ovemight courier shall be deemed to be given on the date one (l) business day
after the same is delivered to Federal Express or other national ovemight courier,
(iii) by mait shall be deemed to be given on the date two (2) business days after
the same is deposited in a regularly maintained receptacle for the deposit of
United States mail and (iv) by email on the date sent if prior to 5:00 p.rn. pacific
time, and otherw'ise on the following bruiness day, provided that the recipient
ackno\vledges roceipt of the same. If no acknowledgernent of email notice is
received by the sender within 12 hours of being sent, the sender may send, by
altemative means provided rmder (i) or (ii) above, the same notice on or before 24
hours after the original email notice was sent and the same sha'll be deemed
effective and timely for purposes herein as if given by such other means on the
date of the original email. Any party may change its address for purposes of this
Agreement by gving the othel pafiy notice thereof in the manner hereinabove
provided for the giving of notices. Notices delivered by any attomey for either
pady are deemed effective. Notices previously given in accordance with the
foregoing are hereby deemed to have besn effective and neither party is awme of
any notice having been given in a marmer other than as provided.
Miscellaneous.
WEST\266918325 5
4
a- COX hereby confinns, and shall be estopped from claimi.g to the cotrtrary, that
to COX's knowledge, City is not in default uader the Assignment af,d no facts or circumstances
erist which, upon the giving ofnotice, or passage of time, or both, would constitute a default by
City. City hereby confi.rms, and shall be estopped frorn claiming to ihe contrary, that to City's
knowledge, COX is not in default under the Assignment aod no facts or circumstances exist
which, upon the giving ofnotice, or passage of time, ot both, would constitute a default by Cox.
b. Except to the extent expressly modified by this Amendmont, the Assignment is
ratified and reqrains in full force and effect, To the exteat of any inconsistency between this
Amendment and the Assignment, the terms and conditions of this Amendment shal1 conhol.
c. This Amendment may be exeouted in multiple corurterparts, all of which, taken
together, shall constitute one documsnt. This Amendment shall be deemed effective against a
Party upon receipt by the other Party (or its counsel) ofa counterpart executed by facsimile or
electronic mail.
lSi gnature P ages Fo ll ow)
wEsTv66938125.5
5
IN WITNESS WHEREOF, the Parties bave caused their duly authorized lepresentatives
to exocute this Amendment as of the Effective Date.
CITY:
City of Vernon
By: -Name:
Title:
Approved as to form:
DLA Piper LLP (US), Special Coursel to Buyer
lSignatures continue ofl next pagef
wEsTu66936325.5
COX:
FRUITLAI{D OWNERLLC,
a Delaware limited tiability company
Bv: Fruitland Jv LLC'
a Delawarc limited tiability company,
its Sole Member
By: Erultlenrl COX Venture LLC,
a Delaware limited liability company,
its Sole Member
Bv: CA I Fruitland CaPital LLC'" a Delaware timited liability company'
its sote Member
By: Cohen lloldings 2015 LLC'
a Delaware limited liability company,
its Sole Member
lsignatures continue on next pagef
Name: Eradl-ey S Cohen
wEs'f\266938325.4
ESCROW'AGENT:
ESCROW AGENT, by its execution below, hereby accepts (as of the dato first
above written) the foregoing Amendment and agrees to act as Escrow Agant under the
Assignment in strict accordance with its terms.
F]IRST AMERICAN TITLE INSURANCE
COMPANY
wEsTQ66913325.5
By_
Name:
Its:
REGEIVED
JAN 0 7 2016
CIIYCIERI(TOFT/CE
RECEIVED
DEC 2 I 20t5
CITY ADMINISTRATION
DATE:
TO:
FROM:
RE:
STAFF REPORT
PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES
A-6
January 19,2016
Honorable Mayor and City Council
Scott B. Rigg, Public Works and Water Superintendent 8(-
Bid Award for On-Call Seryices for the Removal, Repair and
Reinstallation of Well and Booster Pump Equipment and
Rehabilitation of Production Wells. Contract No. CS-0636
Recommendation
It is recommended thar the City Council:
A. Find that entering into the proposed contract for On-Call Services for rhe Removal, Repair and
Reinstallation of Well & Booster Pump Equipment and Rehabiliration of Production Wells is
exempt under the California Environmenral Quality Acr (CEQA) in accordance with (a) CEeA
Guidelines Section 15061(b)(3), the general rule thar CEQA only applies ro projecrs rhat rrl]dy
have an effett on the environment and (b) Section 15301, because the proposed service consists
of maintenance of existing structures, facilities and topographical features, involving negligible or
no expansion of use beyond that existing at the time of this determination; and
B. Accept the bid from General Pump Company, Inc., as the lowesr responsive and responsible
bidder and enter into the attached contract, in an amount not to exceed $75,ff)0.00 annually or
$225,000.00 for the 3-year conrracr cerm For On-Call Services for the Removal, Repair and
Reinstallation of Well & Booster Pump Equipment and Rehabilitation of Production Wells,
cs-0636.
Backeround
On November 5, 2015, the City Administrator authorized the advenisement of the Notice
Inviting Sealed Competitive Bids For On-Call Services for the Removal, Repair and Reinstallation of
Well & Booster Pump Equipment and Rehabilitation of hoduction Wells, CS-0636. The Notice Inviring
Bids were posted on the Ciry's website and published in the vemon Sun newspaper. In addition, rhe
Notice Inviting Bids were advertised in the following construction related websites: Bid America
Planroom, Bidboard, McGraw-Hill Consrruction Dodge, and Reid Construcrion.
On December l, 2015, a pre-bid meeting was held to review the projecr specifications in derail. The
bids for Contract No. CS-0636, On-Call Services for the Removal, Repair and Reinstallation of Wetl &
Booster Pump Equipment and Rehabilitation of Production Wells were received and opened on
December 22,2O15. The calculated resulr are listed below:
l. General Pump Company, Inc. $189,120.00
2. Weber Water Resources, Inc. $340,303.75
The City Attorney's office has approved the contract to form. It is recommended that a conract
be awarded to General Pump Company, Inc., in a nor to exceed amount of $225,000.00 for a three year
contlact term.
Fiscal Impact
The total project cost wilt be $225,000.00 for the duration of rhe three year contract term. For
bidding purposes, this project was bid to encompass a full array of repairs or rehabilitation work that
could potentially be encountered. Funds have been alkxated in the 2015-2016 fiscal year budget.
Attachments
l. Construction Contract-CS-0636
STANDARD FORM OF
CONSTRUCTION CONTRACT BETWEEiI
CTTY AND GENERAL PUMP COMPAi,IY, INC.
This Agreement is made and entered intoat Vemon, Californra this 17th day otJanuary, 2016, byand between
the CITY 0F VEHNON, a chartered municipal corporation (hereinafter "City") and cENERAL PUMP COMpANy, tNC.,
a califomia corporation (hereinafter "contractor''), lor oN-cALL SERV|oES FoR THE BEMoVAL, REPAIB AND
HEINSTALLATION OF WELL AND BOOSTEH PUMP EQUIPMENT AND BEHABILITATION OF PHODUCTION
WELLS.
THE PARTIES HERETO AGREE AS FOLLOWS:
1. CONTRACT DOCUMENTS
The rcontract Documents' except for modilications 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 eftect as if set forth at length herein:
A. Govemmental Approvals including, but not limited to, permits required for the Work;
B. This Agreement; inclusive ol 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. SCOPE OF WOHK
Within the Contract Time and forthe stated Contract Sum, subject to adjustments thereto, and pursuant to the Contract
Documents, the Contractor shall perform and provide all necessary: labor; services; supervision; malenals; tools;
equipment; apparatus; facilities; supplies; tools; permits, inspections, plan checks, and similar Govemmental
Approvals;temporary utilities; utility connections;and transportalion necessaryto complete the Work in strict conformity
with the Contract Documents tor:
ON-CALL SEHVICES FOR THE
REMOVAL, HEPAIH AND
HEINSTALLATION OF WELL AND
BOOSTEH PUMP EOUIPMENT AND
HEHABILITATION OF PBODUCTION
WELLS
cs-0636
3. TIME FOR PERFOHMANCE
Contract fime. 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 Certificate of Substantial Completion issued by the City. The Contract
Time may only be adjusted as permitted by this Construciion Contract and the General Conditions.
Time is of the essence ol this Agreement. Except when the Contract Documents state otherwise, time is
ol the essence in the pedormance of the Work. Contractor acknowledges that the time limits and deadlines set forth
in the Contract Documents are reasonable for Contractor to perform and complele the Work.
Liquidated Damages. lf Contractor lails to achieve Substantial Completion of the entire Work within the
Contract Time for Substantial Completion, Contractor shall pay City as liouidated damaoes the amount of FIVE
HUNDHED DOLLAHS PEH DAY ($500.00) per day for each calendar day occuning alter the expiration of the Contract
Time for Substantial Completion until Contractor achieves Substantial Completion of the entire Work, as required by
Article 3 ol the General Conditions ot Contract.
Contractor lnitial here:
4. CONTRACTSUM
ln consideration of the Contracto/s full, complete, timely, and faithful per{ormance of the Work required by the
Conkact Documents, City shall pay Contractor the sum ol TWO HUNDHED AND TWENTY FIVE THOUSAND
DOLLAHS AND ZERO CENTS. ($225,000.00), payable as set forth in the General Conditions ('Contract Sum').
lN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and year first
above writlen.
Executed at VERNON, Califomia.
[Contractor's Corporate Seal][Contractor]:
By:
CITY OF VEHNON:
By:
CONTBACTOH'S SIGNATURE MUST BE NOTABIZED
An Authorized Signatory
Printed Name:
Title:
APPROVED AS TO FORM:
By:
Name:
Title:
Name:
Title:
ATTEST
By:-
Name:
Ti e:
1.01
EXHIBIT A
GENERAL CONDITIONS
ARTICLE 1 - PRELIMINARY PROVISIONS
DEFINIIIONS
The following words shall have the following meanings:
A. Allowance. A line item cost estrmate established by the City to be caried in the Base Bid sum, Contract
Sum, and Schedule of Values for Payment for a particular item of Work, which cannot be sufficiently
defined so as to allow the Contractor to adequately determine lair value before the Bid Deadline.
Allowances include estimated amounts established by the Crty for c€rtain construction elernents that
have not yet been fully designed or authorized for inclusion in the Work or to permit defened approval
or selection of actual materials and equipment to a later date when additional information is available
for evaluation.
B. A+Builts. The documents prepared by Contraclor showing the condition ol the Work as actually
built, including, without limitation, all changes and the exact locations of all mechanical, electncal,
plumbing, HVAC oI other porlions ol the Work that are shown diagrammatically in the Contract
Documents.
C. Base Bid. The totalsum stated inthe Bid Form forwhichthe Bidder offers to perform Work described
in the Contract Documents as the base Contract Work (e.9. not designated as part ofa Bid Alternate).
D. Bid. A complete and propedy executed offer by the Bidder on City-prescribed forms to perform the
Work lor the prices stated in response to the Notice Inviting Bids.
E. Bid Alternate. An item of Wo* described in the Contract Documents as an Altemate Bid that wll
be added to or deducted from the Base Bid and the Contractor's responsibility only irthe 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: ('l) Bidde/s Proposal; (2) Schedule of Bid Prices; (3) tncumbency Certificate;
(4) Bid Bond; (5) Bidder's Statement of Qualilications; (6) Experience Form; (7)Trades Experience
Form; (8) Contractor Safety Questionnaire; (9) Designation of Subcontractors; (10) Atfidavit of Non-
Collusion; (11) lnsurance Requirements Affidavit; and (12) torms included in the Specification
required by lhe q/pe of project lunding (e.9. federal, AHHA, HUD, etc.).
G. Bidder. The individual, partnership, Iirm, corporation, joint venture or other legal entity submiting a bid
on lhese Contracl Documents or any parl thereof.
H. Bidding Documents. Bidding Documents include the Bidding Rquirements and the proposed
Contract Documents. The Bidding Requirements consist of: (1) Notice lnviting Bids; (2) lnstructions to
Bidders: and (3) Bid Forms. The proposed Contract Documents consist of: (1) the Bidding
Requirements; (2) the Construclion Contract Between City and Contractor; (3) the Conditions of the
Contract (General, Supplementary, and Special, if applicable); (4) all Exhibits to the Contract; (5) the
Drawings; (6) the Specifications; (7) all Addenda issued prior to the execution of the Construction
ARTICLE 1
GC-1
J.
Contract; (8) all Modifications issued after the execution of the Construction Contraci; and (9)
GovemmentalApprovals, if any, including but not limited to, permits.
Change Order. A Change Order is a wntten document prepared by the City reflecting the agreement
between the City and Contractor for: a change in the terms or conditions ot the Contract, if any; a
specilic Scope Change in the Work; the amount of the adjustment, if any, in the Contract Sum; and
the extent of the adiustment, if any, in the Contract Time.
Change Order Request (COH). A Change Order Request is a written document originated by the
Contractor, which descnbes an instruction issued by the City after the effective date of the Contract,
which Contraclor believes to be a scope change that may resull in changes to the Contract Sum or
Contract Time or, which describes the need for or desirability of a change in the Work proposed by
Contractor.
City or Owner. The City ol Vemon, Calffomia, acting through its City Council or other City officials
authorized to act lor the City, acting in its proprietary rather than regulatory capacfiy in connection with
the Poject.
Construction Change Dhective. 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 Time, or both.
Contract Documents. The Contract Documents are enumerated in the Construction Contract
between City and Contractor and consist of: (1) the Bidding Requirements; (2) the Construction
Contract; (3) the Conditions of the Contract (General, Supplementary, and Special, if applicable); (4)
all Exhibits to the Contract; (5) the Drawings; (6) the Specifications; (7) all Addenda issued prior to the
execution ol he Contracl; (8) all Modifications issued after the execution of the Contract; and (9)
Govemmental Approvals, including, but not limited to, permits. The intent of the Contract Documents
is to include all items necessary for the proper execution and completion of the Work by the
Contractor. The Contract Documents are complementary, and what is required by one shall be as
binding as il required by all; performance by the Contractor shall be required to the extent consistent
with the Contract Documents and reasonably inferable from them as being necessary to produce the
indicated results.
Contract. The Contract Documents form the Contract for Construction. The Contract Represents
the entire and integrated agreement between the partles hereto and supersedes prior negotiations,
representations, or agreemenls, either wntten or oral. The Contract may be amended or modi{ied
on by a Modification. The Contract Documents shall not be construed to create a contractual
relationship of any kind between any persons or entities other than the Owner and the Contractor.
There shall be no third party beneficiaries of the Contract Documenls.
Contract Sum. The total amount of compensalion stated in the Construction Contract that is payable
to Contractor for 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 whlch
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 Contractor's performance of the Work is measured in
calendar days (not work days).
Conlractor. The individual, partnership, ftrm, corporation, Joint venture or other legal entity with whom
the Contract rs made by City, or the agent or legal representative who may be appointed to represent
ABTICLE 1
GC-2
M.
L.
P.
N.
o.
o.
K.
T.
such individual, pannership, firm, corporation,loint venture or other legal entity in the execution of the
Contracl as general mntractor ror conslruction of the Work-
Corection Period. Conection Period is synonymous with the terms of the conection guarantee penod
used in the Contract Documents.
Date of Commencement. The dale lor commencement of the Work fixed by City in a Notice to
Proceed to Contractor.
Day. The terms 'day" or "days mean calendar days unless otherwise specifically designated in the
Contract Documents. The term Work Da/ or lVorking Day" shall mean any calendar day except
Saturdays, Sundays and City+ecognized legal holidays.
Director. Ihe Director of the CommunitySeMce and Water Depadment of the Cityof Vemon or his/her
duly appointed representative.
Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing
the design, location, and dimensions of the Work, generally including plans, elevations, sections,
details, schedules, and diagrams.
Extra Work. New or unforeseen work will be classilied 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 unforeseen costs.
Field Directive. See, lVork Direclive."
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 Contract
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 Contracl Documents;
and (3) documentation of all final Govemmental Approvals has been submitted to City including, but
not limited to a tinal Certilicate ol Occupancy or equivalent Building Department sign-off has been
issued covenng the entire Project s e without exception or conditions.
Force Majeure. 'Forc€ Majeure' includes but is not limited to declared or undeclared war, sabotage,
insunection, not, or other acts of civil disobedience, labor disputes, fires, eplosions, lloods,
earthquakes or other acts of God.
Fragnet. The sequence of new activities that are proposed to be added to an existing schedule.
Govemmental Approval. Any approval, authorization, inspection, certification, consent, exemption,
filing, permil, registration, plan check, ruling or srmilar 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 lulfilled by the guarantor in the event of default by the
wanantor.
ARTICLE 1
GC-3
x.
z.
AA.
BB.
DD.
EE.
FF.
GG.
HH.
il.
Modification. A Modification is: ('l) a written amendment to Contract signed by both parties; (2) a
Change Order; or (3) a Construction Change Directtve.
Notice to Proceed. The Notice to Proceed is a document issued by the City lixing the date for
Commencement for the Work.
Parties. The City and Contractor may be referred to in the Contracl Documents from time to time as
the Parties.
Permil Fees. The actual direct costs paid by Contractor for Govemmental Approvals and Utility Fees.
Permit Fees Reimbursemer . A payment made to the Contractor by the City in addition to the
Contracl Sum to compensate Contraclor for the actual direcl cost of all permit Fees.
Proiect. The Project is the total construction of which the Work performed under the Contract
Documents may be the whole or a part and which may include construction by the City or byseparate
contractors.
Proiect Manual/Contraci Package. The volumes of Contract Documents and relerence documents
assembled for the Work made avallable to Bidders.
Record Documents. The Drawings, Specifications, addenda, requests for information, bulletins,
Change Orders and other modilications to the Contract Documents, approved shop drawings,
product data, samples, mock-ups, permits, inspection reports, test results, daily logs, schedules,
subcontracts, and purchase orders. Flemrds Documents shall include a set of iqs-Builf Drawings
and Specifications, which shall be continuously updated during the prosecution of the Work.
The physical area designated in the Contract Documents for Contracto/s perlormance of the
Specifications. The specrfications are the volume(s) assembled for the work that includes, without
fimitation, the Bidding Documents, the construction contract and Exhibits, the General conditions,
Supplementary and/or Special Conditions, if any, the .GREENBOOK STANDARD
SPECIFICATIONS FOR PUBLIC WOHKS CONSTRUCTTON (2015 Edirion), the Standard ptans for
Public Works Construction (2009 Edition), State of Califomia, Department of Transportation
standard Plans and standard specifications (2010 Edition), and the city of vemon Standard plans.
specilications. The specifications are that portion of the contract Documents consisting of the
written requirements for matenals, equipment, systems, standards, and workmanship for th; Work
and performance of related services, including, but not limited to, the project Technical
specrfications, standard specifications, if any, and any applicable Trade Association specifications.
substar ial completion. substantial completion is defined to mean the stage in the progress ol
the work when the work is sufliciently 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 Contracl Documenls.
Unilateral Change Order. See lVork Directive.'
Utility Fees. The fees charged by any public, private, cooperative, municipal and/or govemment line,
facility or system used for the carnage, transmission and/or distribution of cable teievision, electric
JJ.
LL. SitE.
Work.
NN.
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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 fees for temporary utilities and refuse hauling.
RR. Warranty. Assurance to City by contractor, installer, supplier, manufacturer or other party responsible
as wanantor, lor the quantfiy, 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, equipment, and services provided or to be provided by the Contractor to fullill
the Contractois obligations. The Work may constitute the whole or a part of the Project.
TT. Wo* Directive. A Work Direclive is a unilateral wntten order issued by the City directing Contractor
to continue perlormance of the Work or to perform a disputed change in the Work priorto agreement
or adjustment, if any, in the Contract Sum, Contract Time, or both.
REPRESEMTATNES
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 provlsions of the
Contract Documents.
B. lhe Contractor shall at all times be represented on the Work in person or by a duly designated agent.
lnstructions and information given by the Director to the Contraciois agent on the Wo* shall be
considered as having been given to the Contraclor.
PERMI'IS. INSPECNONS, PLAN CHECKS. AND SIMILAR GOVEHNMENTAL APPBOVALS AND
IIIILtr|ES
A. Except as othenrise provided in the Notice lnviting Bids, the Contractor shall apply for, obtain, and pay
for all permits including, bul not limited to, building or structure permits, plumbing system permits,
mechanical system permits, electncal system permits, structural system permits, demolition permits,
excavation permits, street use permits, dnveway permits, sidewalk, curb, sewer, gutter, crosswalk,
paving or other street work grading permits, streeuutility use permits, oSHA permits, fire sprinkler
permits, fence permits, blasting permits, landscaping/lrigation permits, and permits to demolish,
remove, or make major alteratio0s to any designated historic resource; inspections; and plan checks
obtained after the Date of Commencement of the Work. The Notice Inviting Bids contains a list ol
permits and other Govemmental Approvals and Utilrty 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 Conkaclo/s satislactron with all Govemmental Approvals and Utility Fees
must be submitted to the City prior to submission of the Application for Final Payment.
C. Where requirements of the Govemmental Approvals differ trom those of the Drawings and
Specrfications, the more stringenl requirements shall apply.
D. Unless othenrvise specilied in the Contract Documents, Contractor shall be responsible for payments
of all Utility Fees from the Date of Commencement until City's Final Acceptance of the Work.
ARTICLE 1
GC.5
1.m
1.04
1.05
LICENSES
fte Contractor shall apply for, obtain, and pay for all licenses requrred by goveming authorities for the Work.
Contractor shall apply and pay for a City ol Vemon business license.
ALLOWANCES
A. Contractor shall include in the Contrac{ Sum and Schedule of Values for Payment, the Ctys estimated
cost eslablished 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 by the City for Work covered by an Allowance includes the cost
to Contractor of: all materials and equipment, preparation of submittals; labo[ transponation; delivery;
handling; installation; supervrsion;ovefiead; profit; licenses; bonds; insurance; allsales, use and other
taxes legally chargeable; and all other costs and eryenses incidenlal to such Work.
C. Work items covered by Allowances shall be supplied with such materials and equipment and for such
prices approved in advance by City. Contractor shall notify and request City's approval of material
equipment, and pricing informatron lor Work covered by an Allowance before ordering the material or
equipment and in sufticient time to avoid delay to the Work. City shall provide approval of matenals,
equipment, and prices with reasonable promptness. The matenal, equipment, and pricing inlormation
submitted by the Contractor to the Citys Project Manager shall, at a minimum, include product data
and detailed costs ol material, equipment, and laborto complete such Work, itemized by costs incurred
by Contractor and each subcontractor associated with the perlormance 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 Citys Project
Representative for review and the Contractor has received City's approval to proceed wrth a Work item
covered by an Allowance.
D. All ependitures for Allowance Work shall be separately itemized in each Application for Payment.
E. To the extent that the cost of Work items covered by an Allowance is less than the Allowance cost
estimate established by the City, the Contact Sum shall be reduced by Change Order or Construction
Change Directive to reflect the actual cost ol the Allowance item. Similarly, to the extent the cost of
Work items covered by an Allowance is greater than the Allowance cost estimate, the Contract Sum
shall be increased by Change Order or Construction Change Direclive to rellect the actual cost of the
Allowance item. lf Work items covered by an Allowance are not performed or the City deletes such
rtems from the Scope of Work, the Contract Sum shall be reduced by Change Order or Construction
Change Direclive to deduct the Cost ol the unused Allowance item.
WAIVER
A waiver by City of any breach of any term, covenant, or condition conlained in the Contract Documents shall
not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition
contained therein, whether of the same or a different characler.
DATATO BE FURNISHEO BYTHE CONTRACTOB
The Contractor shall fumish the Direaor with such information as the Director may desire respecting the
character of the materials and the progress and manner of the Work, including all information necessary to
ARTICLE 1
GC{
1.06
1.07
determine the Contracto/s costs, such as the number of persons employed, their pay, the time during which
they worked on the various classes o[ construction, and other pertinent data.
1,OB COI{IRACTDRAWINGS
'The Crty will accept no responsibility for enors resufting from misinterpretation or scaling of the Drawings.
1,09 SPECIFICATIONS AND DRAWNGS
A. The Contractor shall keep on the Work Site a copy of all Specilications, 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 Specilications shall be ol like elfect as though shown or mentioned in both.
B. ln general, the Drawings will show dimensions, positions, and kind of construction; and the
Specifications will define materials, quality, and standards. Any Work not padiculariy detailed,
marked or Eecified, shall be the same as similar parts that are detailed, marked or specified.
C. The Drawings shall not be scaled to determine dimensions, and in all cases shall be calculated from
figures shown on the Drawings. Any discrepancies between scale and figured dimensions, not
marked "not to scale,'musl 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 he Contractor om the
responsibility of fumishing, makrng, or installing all rtems required by law or code, or usually
fumished, made or installed in a poject ol the scope and general character indicated by the Drawings
and Specifications.
E. For convenience, the Drawings and Specilicalions may be aranged in various trade subparagraphs,
but such segregation shall not be considered as limiting the Work of any subcontracl or trade. The
Contractor shall be solely responsible for all subcontract anangements of the Work regardless of the
location or provision in the Drawings and Specifications.
F. The City will lumish iree of charge to the Contraclor, a maximum of six (6) sets of Contract Drawings
and Specifications. The Contractor shall pay for the costs of any additional sets or portions thereof.
The Contraclor shall be responsible to see that all sets are the same as the up-to-date approved set.
1.10 PRECEDENCE OF CONTRACT DOCUMENTS
A. ln the event of conflict between any of the Contract Documents, the provisions placing a more
stringent requirement on the Contractor shall prevail. The Contractor shall provide the better
quality or greater quantity of Wo* and/or materials unless othenvise directed by City in writing. ln
the event none of the Contract Documents place a more stringent requirement or greater burden
on lhe Contractor, the controlling provision shall be that which is found in the document with higher
precedence in accordance with the lollowing order of precedence:
1. Governmental Approvals including, but not limited to, permits required for the Work
2. Modifications issued after execution of the Contract (including modifications to Drawings
and Specifications)
ARTICLE 1
GC-7
The Contract, including all exhibits, attachments, appendices and Addenda, with later
Addenda having precedence over earlier Addenda
Special Conditions, if any
General Conditions
Specifications
Drawings
8. Bidding Requirements
With reference to the Drawings, the order of precedence is as follows:
'1. Change Order Drawings
2. Addenda Drawings
3. Contract Drawings
4. Project Drawings
5. Standard Drawings
6. Detail Drawings
7. General Drawings
Figures
9. Scaled dimensions
C. Within the Specifications, the order of precedence is as follows:
1. Change Orders
2. Special Conditions
3. PoiectTechnicalSpecilications
4. Standard Specifications, if any
5. ApplicableTradeAssociationSpecifications
NONCE OF CONFLICTS
lf the Contractor, in the course ol the Work, becomes aware of any claimed conflicts, errors or omissions in
the Contract Documents or in the City's fieldwork or work of City's separate contractors, the Contractor shall
immediately notify the Direct in writing. The Director shall promptly review the matter, and if the Director
finds a conflict, error oromission, 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.
7.
B.
1.11
of Work called for in the Contract, the City shall issue an appropriate Change Order in accordance with the
Contract Documents. After discovery of an error or omission by the Contractor, any related additional work
performed by the Contractor shall be done at the Contracto/s risk unless authonzed by the Director.
1.12 REPOBTS
A. Daily Construction Reports: The Contractor shall prepare a daily construction report recording the
following information conceming events at Project site:
1. List of Subcontractors at Prqect site.2. List of other contractors at Project site.3. Approximate count of personnelat Project 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. Accidenls.
8. Meetings and signilicant decisions.9. Unusualevents.10. Stoppages, delays, shortages, and losses.'11. Meter readings and similar recordings.12. Emergenryprocedures.
13. Orders and requests of authorities having jurisdiction.
14. Change Orders received and implemented.15. Construction Change Directives received and implemented.16. Services connected and disconnected.17. Equipment or system tests and startups.18. Partial completions and occupancies.19. SubstantialCompletionsauthorized.20. List of visitors to Project Site.21. List of personnel at Project Site including names and job classifications.22. Description ol Work for the day including locations, quantities and related bid items.
Immediately upon discovery of a difference between field conditions and the Contract Documents, the
Contractor shall prepare and submit a detailed report through a Request for lnlormation (HFl). lnclude a
detailed description of the differing conditions, together with recommendations for a remedy.
The Daily Construction Repo( must be: signed by Contractods Superintendent, submitted within 24 hours
(next Working Day) to the Director, and shall be made available to others as directed by City.
1.13 LINES. GRADES. AND MEASUREMENTS
A. All lines and grades will be established by the Contractor. The Contractors shall carefully preserve all
survey stakes and reference points as far as possible. Should any stakes or points be removed or
destroyed unnecessarily by any act of the Contractor or higher employees, they must be reset to the
satistaction ol the Director, at the Contracto/s expense.
B. The Contractor shall inform the Director 48 hours (two Work Days) in advance of the times and places
at which he/she intends to Work in order that inspection may be provided, and that necessary
measurements for records and payments may be made with minimum inconvenience.
ABTICLE 1
GC-9
1.14
C. No direct payment will be made for the cost to the Contraclor of any ol the Work or delay occasioned
by giving lines and grades, by making other necessnry measurements, or by inspection.
RIGHT OF WAY
A. The site for the installation of equipment or the right of way for the Work to be constructed under this
Contracl will be provlded 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 0r 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 struclures, streets, and roads,
trees and landscaping, and for any damage that may result lrom his/her use of City property.
C. ln case areas additional to those available on the Citys rights ol way or property are required by the
Contractor tor his/her operations, he/she shall make anangements with the property owners for the use
of such additional areas at higher own expense.
CONTRACTOR'S OPERATIONS/STORAGE YARD
ln the event the Contractor requires space for the storage and/or staging of construction materials, supplies,
equipment, or any other needs required for construction operations, he/she shall acquire at higher own epense
such areas as he/she may desire. For properties within the City of Vemon, the staging area must be enclosed
at Contracto/s expense with construclion fencing covered with a mesh screen to limit visibility to the site. Private
property used forstorage ol conslruc{ion materialshallbe restored to a legalcondition with rqard to appearance
and mainlenance upon conclusion ol the poject.
IEND OF ARTICLE]
ARTICTE 1
GGlO
1.15
2.03
ARTICLE 2-PERFORMANCE OF THE WOHK
PERFORMANCE OF WORK - GENERAL
C,ontractor shall, at its own cost and expense, fumish all necessary matenals, labor, transpodation, and
equipment for doing and perlorming said Work and the matenals used shall comply with the requirements of the
Contract Documents. All Work shall be performed and completed as required in the Contrac{ Documents, and
subject to the approval of the Director, or his/her designated assistant.
NO ASSIGNMEI'IT 0H DELEGAION
Contractor shall not assign or delegate lhe duties or obligatrons under this Contract or hiyher interest therein in
whole or in part without the prior written consent of the City which may be withheld at the City's sole discretion.
STANDARD OF PERFORMANCE
Contractor agrees that all services performed hereunder shall be provrded in a manner commensurate with the
highest professional standards and shall be performed by qualified and experienced personnel; that any Work
performed by Contractor under the Contracl will be performed in the best manneG that any material lumished
shall be subjeci to the approval ofthe Director;and that both Work and materials will meet lully the requirements
of the Contract Documents. Any work deemed unacceptable by the Director, whether a cause is determined or
not shall be repaired or replaced by Contractor at Contrac{o/s expense.
The Contractor shall be responsible for the final product and shall make any quality control, adjushents and
corrections 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, rerycling, spreading,
compaction, and tinishing processes conlorm to these Specifications. The proficiency ol testing laboratories
and sampling and testing personnel shall be reviewed and approved by the City Engineer prior to providing
services to the project. The City Engineer shall have unrestricted access to the laboratory, sampling, testing
sites, and all inlormation resulting from mix design and quality control activities. All Quality Control testing
results shall be submitted to the City Engineer on a daily basis.
DEFECTIVE WORK
Wilhin the time periods that the City specifies, the Contractor shall conect all deficient, improperly executed, or
unsatisfactory Work determined by the City.
The Contractor shall remove and shall repair or replace, at his/her own expense any part of the Work that is
deficient, improperly executed, or unsatistactorily executed, even though it has been included in the monthly
estimates. lf he/she refuses or neglects to remove, repair, or replace such defective Work, prior to the City's
acceptance of the Work, it may be replaced by the City at the expense ot the C,ontractor, plus 15% for overhead
expenses, and his/her sureties shall be liable therefor. (See Paragraph 2.15 forcuring defects after acceptance
of the Work.)
ABTICLE 2
GC'11
2.05 CITY'S RIGHTTO CAHRY OUTTHE WORK
Notwithstanding other remedies available to the City, if the Contractor defaults, fails to perform Work
required by the Contract Documents, or olherwise neglecls to carry out the Work in accordance with
the Contract Documents and fails within a tl8 hour penod after receipt of written notice trom the City to
commence and conect such default, failure to perform, or neglect with diligence and promptness, the
City, at its sole discretion and without obligation, may, with its oun or outside torces, perform tre Work
Contractor has tailed to per{orm and/or replace or conect deficiencies in the WodC ln such case, a
Change Order or Construction Change Directive shall be issued deducting from payments then or
thereafier due to the Contraclor the cost of completion, replacement or correction of such deficiencies,
including compensation lor additional services by the Citys poect management slafl, the Architect,
and their respectrve consultants made necessary by such default, failure to per{orm, or neglect, plus
'15% tor Citys overhead expenses. lf payments then or thereafter due the Contractor are not sufficient
to cover such amounts, the Contractor shall pay the diflerence to the City immediately. This remedy is
cumulalive.
The City also has lhe right, but notthe obligation, to self-perform or have outside forces perlorm portions
of the Work previously assigned to Conltrctor. 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 Prices, an amount that rellects lhe reasonable cost of performing such
deleted Wo* and the Allowable Mark-Up applicable to such deleted Work.
2.06 COMMUNICATIONS AND NOTICES BEGARDING THE WORK
Notices under the Contract Documents shall be in writing and (a) delivered personally, (b) sent by
certified mail, retum receipt requested, (c) sent by a recognized ovemight mail or courier service,
with delivery receipt requested, or (d) sent by lacsimile communication followed by a hard copy and
with receipt conlirmed 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 correspondence 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.
City ol Vernon
Department of Public Works, Water and Development Services
4305 Santa Fe Avenue
ABTICLE 2
B.
Vernon, CA 90058
D.
Attention: Scott B. Rigg
Phone:323-583-8811 f79
Facsimrle: 323-826-1435
E-mail:p4gg @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 relused, as shown on the receipt ot 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 following
delivery (that is, in order for a fax to be deemed received on the same day, at least the first page ol
the fax must have been received belore 4:00 p.m.). Any technical or other communications
pertaining to the Work shall be conducted by Contracto/s Project Manager and technical
representatives designated by City. Contracto/s representatives shall be available at all
reasonable times for consultation, and shall be authorized to act on behalf of Contractor in matters
conceming the Work.
Contractor shall copy City on all written correspondence pertaining to the Contract between
Contractor and any Person other than Contracto/s Subcontractors, consultants and attomeys.
Notification of Atfected Residents/Businesses - The Contractor shall be responsible for distribulion of
the general information letter of the project to all affected residents and businesses. A project general
information letter and suflicient copies thereof will be prepared by City statf 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 ol 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 shallbe five (5)working days pnorto the beginning ol construction
operations in the immediate vicinity. ln addition to the above, the Contractor shall be fully responsible
for such other notifications as may be required related to necessary closures ol streets, alleys,
driveways, etc., orto unavoidable access or parking restnctions. These notitications shall apply where
the closures and access or parking restrictions required in the performance of any work under this
contracl preclude any resident, tenant, or property owner from utilizing the premises or conducting
business thereon in a reasonable and customary manner.
Additional notification to the affected businesses and residents shall be prepared by the City and
distributed by the Contractor for roadway and driveway closures five (5) working days in advance of
any construction work. No removal or excavation work is allowed until the additional notification has
been distributed to the atfected residents and businesses.
lf a Conkactor is unable to adhere to his schedule as indicated on his written notificalion, then all the
atfected residents and places of business shall be re-notified of the revised schedule, in writing, as
indicated above.
Contractor costs for all of the above notifications shall be considered as included in the appropriate
items of the Bid Proposal.
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
California (U.S.A.) at least two working days in advance of the construction work
ABTICLE 2
GGl3
B.
E.
2.07
2.08
2.09
INDEPENDEiTT CONTRACTOR
The Contractor in the performance of the Work hereunder will be acting in an independent capacity and not
as an agent, employee, partner, or Joint venture of the City.
EMERGENCY WORK
A. Dudng Working Hours:
ln case ol 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 Crty, as the situation may
warrant. He/she shall notify the Director of the emergency and the action taken immediately
thereafter. Any compensation claimed by the Contractor, together wilh substantiating documents in
regard to expense, shall be submitted to the Director within 15 calendar days after the emergency.
Compensation, rl allowed, will be paid for as Extra Work.
B. Odside ol Working Hours:
Whenever, in the opinion of the City, there shall anse outside of tte regular Working hours on the
Contract Work of an emergency nature which threatens loss or injury of property, or danger to public
safety, the Contractor shall act, without prevrous instructions from the Crty as the situation may
warrant. Hdshe shall notify the Director of the emergency and the action taken immediately
thereatter. Any compensation claimed by the Contractor, together with substantiatlng documents in
regard to expense, shall be submitted to the Director within 15 calendar days after the emergency.
Compensation, allowed, will be paid for as Extra Work. ln the event the Contractor is not able to
respond to an emergency outside of regular working hours, the City's forces will handle such
emergency Work. lf such emergency arises out of or is the resull of operations by the Contracto( the
cost of the cofiective measures will be billed lo the Contractor and deducted from his/her payment as
provided in the Contract Documents. The performance of emergency Work by City forces will not
relieve the Contractor ol any ol his/her responsibilities, obligations, or liabilities under the Contract.
SUBCONTRACTORS
A. Each subcontract shall contain a reference to the Contract between the City and lhe principal
Contractor, and the terms of lhe Contract and all parts thereof shall be made part of each subconlrac{
insolar as applicable to the Work covered thereby. lt, 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
Subcontraclo/s Work, the Director may disqualify the Subcontractor.
B. Nothing contained in these Contract Documents shall be construed as creating any contractual
relationship between any Subcontraclor and the City.
C. fte Contractor shall be considered the employer ot the Subcontnc{ors and shall be fully responsible
to the City for the acts and omissions ot 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 Cantnctor shall be responsible for the coordination of the trades, Subcontraclors, and material
suppliers engaged upon the Work- lt shall be the Contracto/s duty to see that all of his/her
Subcontractors @mmence their Work at the proper time and carry it on with due diligence so that
they do not delay or injure either the Work or matenals; and that all damage caused by them or their
workers is made good at his/tter expense.
ARTICLE 2
GCt4
2.10
E. The City will not undertake to settle difterences between the Contraclor and his/her Subcontractors or
between subcutractors.
F. The Contractor shall utilize lhe services of specialty Subcontractors, without additional expense lo the
City, on those parts of the Work which are specified to be performed by speciatty conkactors.
USE OF FACILMES PRIOR TO COMPLETION OF COiTMACT
A. Whenever in the opinion ol lhe Director any Work under the Contract, or any portion(s) thereof, is in a
condition suitable for use by the City, the City may, after rvntten notice and designation from the
Director to the Contraclor, 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 conslrued 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 modifications in the Wo* or any portion thereof so used,
not due to ordinary wear and tear, but due to delective matenals or workmanship, the operations of
the Contractor, or any other cause, shall be made at the epense of the Contractor.
D. The use of any porlion(s) by the City shall not relieve the Contraclor of any of higher responsibilities
or liabilities under the Contract nor constitute a waiver by the City 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 or liquidated damages.
COOPERATION W]TH OII{ER WOHK FORCES
A. The City reserves the right to perform other Work at or near the site at any time by the use of its own
forces or other contractors.
B. Other contnctors, other utilities and public agencies or their contraclors, other City contrac{ors, and
City personnel may be wo*ing in the vicinity during the prqect construction period. There may be
some interference between these aclivities and the Work under the Contract Documents. The
Contractor shall cooperate and coordinate higher Work wrth that of other Work lorces to assure
timely Contracl completion.
AGREEMENTS WMI PHOPEBTY OWNEBS
Agreements with property owners for storing excavated matenal, 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
intormation. All storage charges shall be at the Contraclor's sole expense.
PROTECTION OF PROPERW
All public and private property, pavement or improvement, shall be salely guarded from damage or loss in
conneclion with thiscontract bythe contractorat alltimes. should anyfacility, struclure, or property be damaged
during operations of the Contractor, he/she shall immediately notrty the property owners or authorities. All
damages and losses incurred shall be paid by the C,ontractor.
ARTICLE 2
GC.15
2.11
2.12
2.13
2.14 CONIHACTOB'S RESPONSIBIUTIES FOR LOSSES OR LIABILMES
A. Bisk of Loss
Except as otheMise provided in the Contract Documents and except as to the cost of repair or
restoration of damage to the Work caused by force majeure, the Contractor shall bear all losses
resulting to him/her on account of the amount or character of the Work, or from any unforeseen
obstructions or ditficufties which may be encountered, or from any encumbrances on the line of the
Work, or because the nature ol the ground in or on which the Work is done is drfferent from what is
assumed. The Contraclor shall bear the risk for any City equipment, material, or supplies with which
hdshe has been entrusted.
B. Materials and Facilities
The Contractor shall be responsible for materials and lacilities as hereinafter provided and in the
event of his/her failure to carry out said responsibilities, the same may be canied out by the City at the
expense of the Contracton
1. The Contractor shall be responsible for any materials so fumished and for the care of all
Work until its completion and linal acceptance, and he/she shall at his/her own expense
replace damaged or lost matenals and repair damaged parts of the Work.
2. The Contractor shall protecl City facilities from damage resulting from his/her Work. City
facilites damaged by, or as a resuh of, the Contracto/s Work under this Contract shall be
repaired or replaced, as directed bythe Direc,tor, at the Contracto/s epense.
3. The Contractor shall remove lrom the vicinity of the mmpleted Work all buildings, rubbish,
unused matenal, concrete forms, and other materials belonging or used under higher
direction during construction. lf Contractor fails to completely remove such items within a
reasonable time the City may do so at the Contraclo/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 matenals used in the Work, or in any way affecting
the conduct of the Work, and of all court orders and decrees having any junsdrction or authority
over the same. lf any discrepancy or inconsistency should be discovered in this Contract, or in
the Drawings or Specilications herein referred to, in relation to any such law, ordinance,
regulation, order, or decree, he/she shall immediately report the same in writing to the Director.
2. Contractor shall, at all times, cause all hidher agents and employees to observe and comply with
all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may
become etlective before Final Completion of this Contract.
3. Nothing in the Contract Documents shall be construed to permit Work not conforming to such laws,
ordinances, and regulations. lf the Contraclor ascertains at any time that any requirement ol this
Contract is at variance with such applicable law requirement, he/she shall immediately notity the
Director.
4. lf such applicable law requirement was not in effect on the date of submission of bids, any
necessary adjustment of the Contract price shall be made as provided in Article 6 herein. ll such
ARTICLE 2
GG16
2.15
applicable law requirement was in eflect on said date of bid submission, no adjustment of Contract
price wll be mnsidered.
5. The Contractor, at higher own epense, shall pay all taxes properly assessed against hivher
equipment, materials, or property used or required in connection with the Work.
WARRANTY AND CORRECNONS
A. Wananty
1. Wafianlv. The Contractor warrants to the City that (i) materials and equipment fumished
under the Contract will be of good quality and new unless othenvise required or permitted by
the Contract Documents; (ii) the Work will be ol good quality and free from defects; (iii) the
Work will conform to the requirements of the Contract Documents; and (iv) Contractor will
deliver the Project free of stop notice claims. Work not conforming to these requirements,
including substitutions not accepted by the City, will be deemed defective. The Contracto/s
warranty excludes improper or insufficient maintenance, improper operation, or normal wear
and tear and normal usage. ll required by the City, the Contractor shall fumish satislactory
evidence as to the krnd and quality of materials and equipment. This wananty is not limited
by the conecton obligation ol Paragraph 2.04 herein.
2. OvedaD. Where any wananties provtded under the C,ontracl Documents ovedap, conflict, or
are duplicative, Contraclor will be bound by the more stringent requirements.
3. Ptocurement and Asstonment ol Waranfies: Contractor shall obtain in the name of City, or
transfer or assign to City or Citys designee prior to lhe 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 anyotherperson or entity other than
Contractor including, but not limited to, Subcontractors and manufacturers, and further agrees
to perlorm the Work in such a manner so as to prcserve any and all such wananties.
Contractor shall secure written wananties from all Subcontractors. Contractor and its
Subcontractors shall offer any wananty upgftldes or extensions that are ofiered by
manufaclurers ol any equipment or system installed in the Work to the City. Contraclor shall
deliverto City all warranty and guarantee documents and policies.
4. Survival of Wamnties: The provisions of this paragraph 2.15 will survive Contracto/s
completion of the Work or termination of Contracto/s performance of the Work.
B. Conec{ion of Work
1. Before or After Final Conoletion The Contractor shall prompfly correct Work reiected 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 rqected Work, including
additional testing, inspections, and compensation for the City's services and expenses
made necessary lhereby, will be at the Contractor's expense within the Contract Price.
2. After Final Comoletion.
(a) ln addition to the Contracto/s warranty obligations under paragraph 2.15-A, if,
within one (1)year after the date of Final Completion of the Work or within the time
period established by any applicable special warranty required by the Contract
ARTICLE 2
2.16
Documenls, any of the Work is found to be not in accordance with the
requirements ol the Contract Documents, the Contractor shall commence
correction or replacement of such Work within forty-eight (48) hours after receipt
of written notice lrom the City to do so. The Contractor shall perform such
corrective work without charge or cost to the City after Final Completion of the
Work. The City shall give such notice prompfly after discovery of the condition.
(b) lf lhe Contractor tails to commence correclion or replacement of non-conforming
Wo* 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 Performance Bond surety, plus fifteen percent (15yd for the City,s overhead
and administrative expense. The City may charge such costs against any
payment due Contractor. lf, in the opinion ot 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 intenuption of operations ol the City,
lhe City may take immediate action, give notice, make such correction, or provide
such attention and the cosl of such correction or attention will be charged against
the Contractor. Such action by the City will not relieve the Contractor of the
wananties provided in this Article or elsewhere in the Contract Documents.
3. Replacement or Benoval of Defxtive or Unauhoized Wotk. The Contractor shall remove
from the Site and replace those portions ol the Work which are not in accordance with the
requirements ol the Contract Documents in a manner acceptable to and as ordered by the
Director. No compensation shall be allowed for such removal or replacement. Director
shall have authority to cause defective work to be remedied, removed or replaced and to
deduct the costs from monies due or to become due to the Contractor.
4. Destudion or Damaoe. ln lhe event the Contractor destroys or damages any construc{ion
of the City or another contnactor while correcting or removing Work which is not in
accordance with the requirements of these Contract Documents, the Contractor shall bear
the cost ol repairing or reconstructing that other construction as hrell.
5. No Linitation Nothing contained in Paragraph 2.15-8 will be construed to establish a
period of limitation with respecl to other obligations which the Contractor might have under
the Contract Documents. Establishment of the one-year period for correction of Work as
descdbed 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 of action.
CLEANING AND ENVIRONMEITTAL CONTROLS
The Contractor, Subcontractors and employees shall comply with all litter and pollution laws and it shall be the
responsibility of the Contractor to ensure compliance. The Contraclor 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 matenals, debris and rubbish lrom site and dispose otf-site legally.
B. The Contractor shall maintain at hi$her disposal any and all equipment necessary to prevent and
remediate any sanitary sewer overllow arising out of the Work. The Contractor shallfumish and operate
a self-loading motor sweeper with spray nozzles, as directed by the Director, to maintain the affected
areas in a condition of cleanliness acceptable to the Cry at all locations affected by the Contracto/s
ABTICLE 2
GC-18
c.
D.
operations. For purposes of this Paragraph, the atfected areas include the project Site as well as all
haul routes to and from the projecl Site and all areas of construction and restoration which have not
been completed.
The Contractor shall take appropriate action to ensure that no dust onginates from the proiect Site.
Any equipment or vehicles dnven and/or operated within or adjacent to a street gutter, storm drain,
runoff conveyance or ocean shall be checked and maintained daily to prevent leaks ol matenals 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 thereof, oii or
petroleum products or other organic or earthen material from any construction, or associated activity or
whatever nature shall be allowed to enter into or placed where same may be washed by rainfall or
runoff into waters ol the State. When operations are completed, any excess matenals or debris shall
be removed from the Work area.
WATER POLLUTION CONTROL
A. The Contractor shall meet all applicable City of Vemon, state and federal clean tvater laws, rules and
regulations including but not fimited to all conditions set forth in the Vernon Municipal Code Chapter 21, Article
5 regarding stormwater and urban runotf controls as it relates to public agency activities including, but nol
limited to storm and/or sanitary sewer system inspection and repair, street sweeping, trash ptck-up and
disposal, and street and rightof-way construction and repair are required to implement and maintain the
activity Eecific Best Management Practices (BMPs) 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 kom its sweeping
vehicles upon any city street, to any storm drain or any non-permitted outlet. As pa( of its submission,
contractor shall describe its methods Ior preventing NPDES violations during sweeping operations within the
City. In addition, Contractor shall comply with all NPDES requirements at its maintenance facilities, storage
yards and company facilities. Failure to comply with this section may result in termination for cause by the
City of any contract resulting lrom this solicitation.
ARTICLE 2
GC.19
E
2.17
Table 2-1. BMPs for Public Agency Facilities and Activities
General and Activity Specific Bl\,lPs
GeneralBMPs
Scheduling and Planning
Spill Prevention and Control
Sanitary/Septic Waste Management
l\,laterial Use
SaferAlternative Products
Vehicle/Equipment Cleaning, Fueling and Maintenance
lllicit Connection Detection, Heporting and Removal
lllegal Spill Discharge Control
Maintenance Facility Housekeeping Practices
Flexible Pavement
Asphalt Cement Crack and Joint Grinding/ Sealino
Asphalt Paving
Structural Pavement Failure (Digouts) Pavement
Grinding and Pavtng
Emergency Pothole Repairs
Sealing Operations
Higid Pavement
Portland Cement Crack and Joint Sealing
Mudjacking and Drilling
Concrete SIab and Spall Repair
Slope/Drains/Ye getation
Shoulder Grading
Nonlandscaped Chemical Vegetation Control
Nonlandscaped l\4echanical Vegetation Control/Mowing
Nonlandscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub
Bemoval
Fence Repair
Drainage Ditch and Channel Maintenance
Drain and Culvert Maintenance
Curb and Sideh/alk Repair
Litter/ Debris/ Gratf iti
Sweeping Operations
Litter and Debris Removal
Emergency Response and Cleanup Practices
Graffiti Bemoval
Landscaping
Chem ical Vegetation Control
Manual Vegetation Control
Landscaped Mechanical Vegetation Control/ Mowino
Landscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub
Hemoval
lrrigation Line Repairs
lrrigation (Watering), Potable and Nonpotable
Environmental
Storm Drain Stenciling
Roadside Slope lnspection
Roadside Stabilization
Stormwater Treatment Devices
Traction Sand Trap Devices
Bridges
Welding and Grinding
Sandblasting, Wet Blast with Sand Injection and Hydroblasting
Painling
Bridge Repairs
Other Structures
Pump Station Cleaning
Tube and Tunnel l/aintenance and Repair
Tow Truck Operations
Toll Booth Lane Scrubbing Operations
ABTICLE 2
GC-20
Electrical Sawcutting for Loop lnstallation
Traftic Guidance
Thermoplastic Striping and Marking
Paint Striping and Making
Raised/ Flecessed Pavement i/arker Application and Removal
Sign Repair and Maintenance
Median Barner and Guard Rail Repair
Emergency Vehicle Energy Attenuation Repair
Storm lvlaintenance Minor Slides and Slipouts Cleanup/ Hepair
l\,lanagement and Support
Building and Grounds l\,laintenance
Storage of Hazardous Materials (Working Stock)
i,{aterial Storage Control (Hazardous Waste)
Outdoor Storage of Raw l\ilaterials
Vehicle and Equipment Fueling
Vehicle and Equipment Cleaning
Vehicle and Equipment l\,laintenance and Hepair
Aboveground and Underground Tank Leak and Spill Control
B. Water Quality Protection REuirements for Construction Projects with Less than One (1) Acre ol
Disturbed Soil.
All construction prolects, regardless of size, will be required to implement best management practices
(BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) to meet the
minimum water quality protection requirements and implement all applicable set of BMPs as defined
in Table 2-2.
Please reler to the Calilornia Stormwater Quality Association's Construction Handbook (available on their website:
www.cabmohandbooks.com) for further information regarding the BMPs listed in Table 2-2.
ABTICLE 2
GC-21
f ade 2-2
Minimum Water Quality Protection Requirements and Applicable Set of BMPs for All Construction Projects
Category Minimum Requirements BMPs
1. Sediment Control Sediments generated on the prolect site shall be retained
using adequate Treatment Control or Structural BMPs.
Sediment Controls
Non-Stormwater
Management, Waste
Management and
lrlaterials Pollution
Control
Construction-related materials, wastes, spills or residues
shall be retained at the project site to avoid discharge to
streets, drainage facilities, receiving waters, or adjacent
properties by wind or runotf.
Non-storm waler runoff from equipment and vehicle washing
and any other activitv shall be contained at the Droiect sites.
Non-Stormwater
Management and
Wastel\,lanagement
3. Erosion Control Erosion lrom slopes and channels shall be controlled by
implementing an effective combination of BMPs, such as the
limiting of grading scheduled during the wet season;
inspecting graded areas during rain events; planting and
maintenance of vegetation on slopes; and covering erosion
susceptible slopes.
Erosion Controls
All construction projects with Less than One (1) Acre of Disturbed Soil shall submit to the City a
signed Statement of lntent to Comply with [,rlinimum Hequirements of the Stormwater permit
(Exhibit 5).
The Contractor may self+ertify that the following Vaining was completed on an annual basis
providing they certify they have received all applicable training:
o The Contractor shall train all ol their employees in targeted positions (whose interactions,
jobs, and activilies atlect stormwater quality) on the requirements of the overall stormwater
management pr0gram.
o When the Work includes the use or have the potential to use pesticides or fertilizers, the
Contractor shall train all ol their employees (whether or not they normally apply pesticides
or fertilizers as part of 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) Beduction of pesticide use
Water Quality Protection Requirements for Construction ProJects with One (1) Acre (or greater) ol
Disturbed Soil. ln addition to the minimum BMPs required in Paragraphs A and B, all construction
projects where at leasl one (1) acre of soil will be drsturbed, construction activity that results in land
surlace disturbances ol less than one acre ifthe activity is pad of 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 ol construction activities, the Permit Registration Documents (PRDs) must be
submitted electronically in the Storm Water Multi-Application Report Tracking System (SMAHTS)
. PRDs consist ol the Notice ot
Intent, Risk Assessment, Post-Construction Calculations, a Site Map, the Storm Water Pollution
Prevention Plan (SWPPP), a signed certification statement by the Legally Responsible Person (LRP),
and the first annual fee.See: or more
information. A Waste Discharger ldentification (WDID)will be emailed to the LRP aflerthe PRDs have
been submitted and are deemed complete. Construction actrvities cannot begin until a WDID is issued
by the State Water Resources Control Board. Contractor shall bear the costs ol any delays to the
Pqect caused by a delay in obtaining its WDID.
The SWPPP shall include:
1. The name, location, period of construction, and a bnef description ol the project;
2. Contact information lor the owner and contractor;
3. The building pennit number for the project;
4. The grading permit number for the project (where applicable);
5. A list of major construction materials, wastes, and activities at the project site;
ABTICLE 2
D.
E.
6. A list of best management practices to be used to conlrol pollutant discharges from major
construction materials, wastes, and activities;
7. A site plan (construction plans may be used) indicating the selection ol BMPs and their
location where appropriate;
8. Non-storm water discharges, their locations, and the BMPS necessary to prevent the
discharge;
9. A maintenance and self-inspeclion schedule of the BMPS to determine the effectiveness
and necessary repairs of the BMPs;and
10. A certification statement that all required and selected BMPs will be etfectively
implemented.
Within seven (7) days after the City awards the Contracl, 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 of the
plan. lf revisions are required, he Contractor shall revise and resubmit 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 ol two (2) readily accessible copies of the SWPPP at the
Project site. The SWPPP shall be made available upon request of a representative ol the Los
Angeles Regional Water Qualrty Control Board (LARWQCB) 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 pollutanls in the storm water discharges from the construction site. A Best Management
Practice is defined as any program, technology, process, operating method, measure, or device
that controls, prevents, removes, or reduces pollution. The Contractor shall select appropriate
BMPs lrom the Calilomia Stormwater BMP Handbook, Municipal, lndustrial, New Development,
and Construction Volumes (u w.cabrnphandboqks.com) in conjunction with all activities and
construction operations. Copies of the Califomia Stormwater BMP Handbooks may be obtained
lrom:
CalifomiaStormwaterQualigAssocration Cashier
P.0. Box 2313
Livermore, CA 94551
www.cabmohandbooks.com
Los Angeles County DPW
900 South Fremont Avenue
Alhambra, CA 91803
Tel. No. (626) 458-6959
lmplementation
The Contractor will be responsible throughout the duration of the Prqect for the installation,
monitoring, inspection and maintenance ol the BMPs included in the SWPPP and for removing and
disposing of lemporary BMPs. The Contractor may be required to implement additional BMPs as a
result of changes in actual field conditions, contracto/s activities, or construction operations.
The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP
control measures to protect soil-distubed areas of the prqect site belore the onset of precipitation
ABTICLE 2
GC.23
F.
and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully
deploy these control measures.
Throughout the winter season, aclive soil-disturbed areas of the project site shall be lully protected
at the end of each day with these control measures unless fair weather is predicted through the
lollowing day. The Contractor shall monitor daily weather lorecasts. lf precipitation is predicted
prior to the end of the following workday, construction scheduling shall be modified, as required,
and the Contractor shall deploy functioning control measures prior to the onset of the precipitation.
The City may order the suspension of construction operations which are creating water pollution if
the Contractor fails to conform tothe requirements of this Paragraph 2.17. Unless othen ise directed
by the City, the Contracto/s responsibility for SWPPP implementation shall continue throughout any
temporary suspension ol the Work.
Sewage Spill Prevention. The Contracto/s attention is directed to lhe sewer bypass operation
required dunng any sewer construclion 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 for an
emergency response unit comprised of emergency response equipment and trained personnel to
be immediately dispatched to the project site.
The Contractor shall be lully responsible for preventing and containing sewage spills as well as
recovering and properly disposing of raw sewage. ln addition, the Contractor is responsible for any
lines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is
damaged by the contractor shall be immediately repaired at the Conkacto/s expense. The
Contractor shall take all measures necessary to prevent further damage or service interruption and
to contain and clean up the sewage spills.
Sewage Spill Telephone Notilication
Should a sewage spill occur, the Contractor shall immediately report the incident to either one of
these two City Departments:
Sewer Mainlenance Services
Fire Department Dispatch Center
Public Works, Water and Development Services
323-583-881 1 extension 351
G.
The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone
numbers of City representalives such as Project Managers and lnspectors. However, if these City
representatives are not available, then the Contractor shall immediately call:
Scott B. Rigg (323) 583-881 1 extension 279
H. Sewage Spill Written Notification
The Contractor shall prepare and submit a written reporl to the Director within three (3) Working
Days from the occurrence of a spill to the City. This report shall describe all of the lollowing:
1. The exact location on the Thomas Guide map
AHTICLE 2
GC24
J.
K.
2. The nature and volume
3. The date, time and duration
4. The cause
5. The type of remedial and/or cleanup measures taken and date and time implemented
6. The corrective and preventive action taken, and
7. The water body impacted and results ol necessary monitoring
Enforcement
The City is subject to enforcement actions by the LAHWoCB, U.S. EPA, environmental groups and
private citizens. The Contractor shall indemnily, detend and hold City, its otficers, agents and
employees harmless from Contracto/s failure to comply and/or lulfill the requirements set forth in
this Paragraph 2.17. Contractor shall be responsible lor ali costs and liabilities imposed by law as
result of Contracto/s failure to comply and/or fulfill the requirements set forth in this Pa.ayaph 2.17.
The costs and liabilities include, but are not limited to {ines, penalties and damages whether
assessed against the City or the Contractor.
ln addition to any remedy authonzed by law, any money due to the Contractor under this conlract
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 regulady inspect and maintain the conskuction site for the BMPS idenlified in the
SWPPP. The Contractor shall identify corrective actions and time trames in order to properly
address any damaged measure, or reinitiate any BMPs that have been discontinued.
It the City identifies a deliciency in the deployment or functioning of identilied control measures, the
deticiency shall be corrected by the Contractor immediately or by a later date and time if agreed to
by Director and if requested in writing, but not later than the onset ol the subsequent precipitation
events. The correction of deficiencies shall be at no additional cost to the City.
Payment
All costs involved in the implementation of the SWPPP, including f umishing all labor,
materials, tools, equipment and all incidentals; and for doing all the work involved in
installing, constructing, maintaining, removing, and disposing of control measures, except
those that were installed as a part of another structure, shall be included in the unit prices
bid tor the vanous related items of work and no additional compensation will be made
therefor.
ARTICTE 2
GC-2s
2.18 RECYCLED. REUSABLE AND RECYCLABLE PBODUCTS
IEND OF ART|CLEI
The contractor is.encouraged to propose recycled, reusable and recyclable products Ior use by the city.Those items should be clearly identified. th6 City may require further inlormation or documentation io
ascertain the suitability/appropriateness of a proposed product.
ARTICLE 2
3.03
COMMENCEMEMT. PBOSECTMON, AND COMPLMON OF WORK
A. Notice to Proceed
The Contraclor is not authorized to perform any Work the Contract Documents until he/she has
received from the City an ofticial notification to commence Work. The date on which the notiflcation is
received by the Contractor is herein referred to as the Notice to Proc€ed. The Contraclor shall
commence Work on the Date of Commenc€ment established in the Notice to Proceed is issued. The
Notice to Proceed shall be issued after the Contract is properly executed, bonds are tumished and
approved, and insurance has been submrtted and approved.
B. Prosecution ol the Wo*
Work shall be continued at alltimes with such force and equipment as will be sufficient to complete it
within the specilied time. The Contractor epressly proposes that he/she has taken into consideration
and made allowances lor 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
llme is of the essence in the completion of this Contract. The Work shall be completed in its entirety
within three yearc following the Date of Commencement established in tire terms and conditions of
the contract. By executing the Contract, Contractor confirms that the Contract Time is a reasonable
period for performing the Work.
CITY'S DISCBETION TO EXTEND CON]RACTTIME
ln the event the Work required hereunder is not salisfactorily 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 interest of Cty. A change order extending the Contract Time only will be
issued by the City should the City decide to increase the number ol Working Days.
SUBSTAMflAL COMPLEflON
A. Contractor Request lor lnspection and Punch List
When the Contractor considers that it has achieved Substantial Completion of the Work, or
designated portion thereof, Contractor shall prepare and submit to the Director a request for
inspection and a comprehensive punch list of items to be completed or correcled pnor to Final
Payment. Failure to include an item on such punch list does not alter the responsibility of the
Contraclor to complele all Work in accordance with the Contract Documents.
B. City lnspection
Upon receipt of the Contracto/s punch list, the Direclor 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, lvhich is not sufticiently complete in
accordance with the contract Documents so that the city can occupy or utilize the work or
ABTICLE 3
GC-27
designated portion thereof for its intended use, the Contractor shall, before City's issuance of the
Certificate ol Substantial Completion, complete or correct such item upon notifiiation by City. The
Contractor shall then submit a request for another inspection by City to determine 'substantial
Completion.
C. CertilicateolSubstantialCompletion
When the WoJk or designated portion thereof is substantially complete, the Director will prepare a
Certilicate of Substantial Completion which shall establish the date of Substantial Compleiion, shall
establish responsibilities ot the City and Contraclor for secunly, mainlenance, utilities, damage to the
Work, and insurance, and shall fix the time within which thebontractor shall finish all item-s on the
contractor's punch list accompanying lhe certificate. warranties required by the contracl
Documents shall commence on the date of Substantial Completion of the Work. bontractor shall
deliver lo City all warranty and guarantee documents and policies.
DELAYS AND EXTENSIONS OF TIME FOR CONTRACTOR
A. The Contractor shall take reasonable precautions to foresee and prevent delays to the Work. ln the
event o, any delay to the Work, the Contractor shall revise his/her sequence ol operations, to the
extent possible under the terms of the Contract, lo offset the delay.
B. lf any delayto the Work is caused by circumstances within the Contractor's control, it is not excusable
and not compensable, and the Contractor will not be entitled to any extension of time or to any other
compensation for damages resulting direclly or indirectly therefrom.
C. If any delay having a direct effect on the Work is caused by circumstances beyond the control of the
Contractor except lor causes of delay specified in paragraph 3.04-D., such delay may be excusable
and may entitle the Contraclor to an equivalent extension of time, but not to any other compensation.
Excusable but not compensable causes include but are not limited to labor disputes, weather
conditions unfavorable for prosecution of the Work, and force majeure.
D. lf any delay havtng a direct effect on the Work is caused by failure of the City to provide information
as specified, or necessary instructions for carrying on the Work, or to provrde the necessary right of
way or site for installation, or lailure of a utility to remove or relocate an existing facility such delay
may be compensable and may entitle the Contractor to an equivalent extension of time, and to
compensation lor damages resulting directly trom any ol the causes of delay specified in this
paragraph.
E. The Contractor shall notify the Director in writing of any delay having a direcl effect on the Work and
the causes thereof within 15 days from the beginning of such delay.
F. Any claim for an extensjon of time or for compensation for damages resulting Irom delay shall be
made in wriling to the Director not more than 30 days alterthe ending ol 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 descdption o, the delay and its impact on the cntical path to Substantial Completion ol
the Work or a portion of the Work designated by City;
2. a detailed breakdown of the Allowable Costs, if any, sought by Contractor due to the delay;
ARTICLE 3
GG28
3. the number of days of extension sought by contractor as an adjustment to the contract time;
4. a slatement that Contractor has complied with the requirements of the Genetrl Conditions for
wntten notice of delays, along with the dates and copies of such notices;
5. the measures taken by contractor and subcontractors to prevent or minimize the delay; and
6. the Contacto/s recommendations for reordering or re-sequencing the Work to avoid or minimize
lurther delay.
No extension of time or compensalion for damages resulting from delay will be granted unless the
delay affects the timely completion of the overall Work under the Contract or the timely completion
of a portion ol the Work for which a time ol completion is specified.
G The Director will investigate the facts and ascertain the extent of the delay, and his/her findings
thereon shall be final and conclusive.
H. Failure of the Contractor to give written notce of a delay, or to submit or document a claim lor an
extension ol time or lor damages resulting from delay in the manner and within the times stated
above shall constitute a waiver of all claims thereto.
l. When a Contractor experiences two concurrent delays, one compensable and the other excusable,
no compensation other than an extension of time will be allowed.
J. An extension of time must be approved by the Director to be effective, but an extension of time
whether with or without consent of the sureties, shall not release the sureties from their obligations,
which shall remain in full force until the discharge ot the Contract.
CLIMANC CONDITIONS
A. The Director may suspend the Work whenever weather conditions or conditions resutling from
inclement weather are unlavorable 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 ol time but not to any other compensation.
C. No extension of time will be granted lor suspension of Work unless the suspension affects the timely
completion of all Work under the Contract or the timely completion ol a portion ol the Work lor which
a time of completion is specified. Determination that the suspension for inclement weather conditions
or conditions resulting from inclement weather aflects timely completion and entitles the Contractor
to an extension ol 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 ol time for each day that he/she is unable to Work at least
one-half of his/her current normal Work day; and if the Work is suspended at the regular starting time
on any Work day and the Contracto/s WorHorce is dismissed as a result thereof, then he/she will
ARTICLE 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.
COMPLEnON AND ACCEPIANCE
A. Upon requesi by the Contractor, the Director shall conduct a final inspection of the Work. ll, in the
Directot's opinion, Final Completion has been achieved, the Director will accept the Work by issuing a
"Notice of Completion'of the Work to the Contractor. Upon the issuance of the Notice of Completion
the Contractor will be relieved from responsibility to protect the Work.
B. Within 15 calendar days after issuing the Notice of Completion, the Director will remrd the Notice of
Completion with the County Hecorder.
LIQUIDATED DAMAGES
A. contractor and city agree to liquidate damages in the amount ol FlvE HUNDRED dollars (g5o.00)
per day, with respect to Contractor's failure to achieve Substantial Completion of the Work within the
Contract Time. The Parties intend for the liquidated damages set forth herein to apply to this Contract
as set forlh in Govemment Code Section 53069.85. fte Contractor acknowledges and agrees that the
liquidated damages are intended to compensate City solely for the Contractor's failure to meet the
deadline lor Substantial Completron and shall not excuse Conlractor trom liability from any other
breach, including any failure of the Work to conlorm to the requirements of the Contract Documents.
B. ln the event that Contrac{or fails to achieve Subs{antral Completion ot the Work within the Contract
Time, Contractor agrees to pay City the amount speofied in the Contracl lorm for each calendar day
that Substantial Completion is delayed.
C. Contractor and City acknoriledge and agree that the foregcing 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 etfective date hereof and have agreed to such liquidated damages to fix Clty's
damages and to avoid later disputes. lt is understood and agreed by Contractor that liquidated
damages payable pursuanttothis Agreementare not a penalty and that such amount are not manifestly
unreasonable under the circumstances existing as of the elfective date of this Agreement.
D. lt is further mutually agreed that City shall have the right to deduct liquidated damages against progress
payments or retainage and that the City will issue a Construction Change Directive and reduce the
Contract Sum accordingly. ln the event the remaining unpaid Conlract Sum is insutficient to cover lhe
full amount ot liquidated damages. Contractor shall pay the diflerence to City.
IEND 0F ART|CLEI
ARTICLE 3
GG3O
4.01
ARTICLE 4 - CONSTRUCTION SCHEDULES
BASELINE PROJECT SCHEDULE
The Contractor shall submit hisher work Baseline Project Schedule, in electronlc as well as hard€opy format,
to the Director at the pre-construclion meeting showing in detail how the Contractor plans to execute and
coordinate the Work. The construction schedule shall show the sequence of work, critical path and estimated
tim€ for completion of each segment of work. This schedule must be revrewed and accepted by the Director
before the Contractorwill be permitted to begin work. ln addition, the Contractor shall submit a dettiled schedule
forecasting two (2) weeks of work describing each day's work. This schedule shall be updated and submitted to
the City every other Monday during the construction period. The Contractor shall give 48 hours notice to the City
Engineer prior to the start of the work.
Format
B.
1.At a minimum, the Baseline Project Schedule activities shall be coded on a work discipline basis
and by geographic area or location on the Prqect. The Baseline project Schedule shall include a
detailed description of each activity code. The Baseline prqect schedule shall be based on and
incorporate contract milestone and completion dates specilied in the contract Documents. lt shall
depicl events, jobs, and their interrelationships and shall recognize the progressthat must be made
on one task before subsequent tasks can bEin. I}e schedule shall be comprehensive and shall
include all logical interdependencies and interactions required to perform 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 earlier (advanced) time ol completion is
requested by Contraclor, agreed to by the City and lormalized by Change Order.
contractor shall use the latest version ol i/icrosoft project or equivalent software agreed to by
the parties.
The City will review the submitted Baseline Prolect Schedule for conformance with these
scheduling requirements. Within fourteen (14) calendar days after receipt, the City will accept the
proposed Baseline Project Schedule or will retum rt with comments. lf the proposed Baseline
Prqect Schedule is accepted by the City, it shall be deemed part o, the Contract Documents. lf
the Baseline Prolect schedule is not accepted by city, contractor shall revise the Baseline project
Schedule, in accordance with the recommendations of the City, and re-submit same lor
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 ol wori<, or
inaccuracy in Baseline Project Schedule shall not relieve contracior from the responsibiliry for
accomplishing the Work in accordance with the Contract Documents.
4.
Floal
1. critical work activties 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 activitiei are
defined as non-cntical work aclivities and are considered to have float. Float is defined as the
time that a non-critical work activity can be delayed or extended without delayrng the scheduled
completion of the mileslones and/or time of completion. Float is considered i irolect resource
available_ to either party or both parties as needed. once identified, contractor ihall monitor,
account for, and maintarn float in accordance wrth Cntical path lvlethodology.
ARTICLE 4
GC31
2. Delays of any non-critical Work shall not be the basis for an extension of Contract Time until the
delays consume all float associated with that nonrritical Work activrty and cause the Work activity
lo become critical.
3. lt is acknowledged thal City-caused 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 of time for contractor, etc.) create shared float. Acmrdingly, city-caused delays may
be offset by City-caused time savrngs.
C. Weather fltis section applies only to proiects of one (1) year duration or longer)
The completion time contemplated by this contract anticipates five (s) lost days (work Days) due to
normal weather conditions annually and prorated for any duratlon less than twelve months. Only
unusual oI extreme weather conditions, as determined by the National Oceanic and Atmospheric
Administration, for the time of year will be considered as justification lor an extension of time lo complete
the POect, and only after the five (5) weather days have been utilized. Annual weather days are not
cumulative, and unused days shall become Iloal" for the benefit ol the prqect, and the schedule
adjusted accordingly. The use of weather days by the Contractor shall be subiect to all the conditions
ol claim for an extension ol time. The Contractor shall notity the City in writing within ten (10) days of
the commencemenl of each rain event.
D. Early Completion
While lhe Contractor may schedule completion of the Poject earlier than the date established by the
Contract Documents, no additional compensation shall become due the Contractor for the use of float
time between the Contracto/s pojected eariy completion date and the date for Substantial Completron
established by the Contract Documents, unless an earler (advanced) time of complelion is requested
by Contractor, agreed to by the City, and formalized by Change Order.
SCHEruLE UPDATES
A. With each Application for Payment submitted by Contractor (other than the linal Application lor
Payment), the Contractor shall submit to the City an updated Pojecl Schedule revised to indicate the
Work completed, status of Work in progress, all progress slippages, conective actions taken, or
slippage carry-over, for all anticipated delays or difliculties, and all other information required to
accurately present the actual status of the progress of the Work as of the date of the Application lor
Payment. lf the C,onlactor does not submit an updated Project Schedule with an Application for
Payment, City may withhold payment, in whole or in part, until the updated project Schedule is
submitted. In the event that an update to the Project Schedule indicates a delay to the Contract Time
the Contractor shall propose an affirmative plan to conect each such delay, including overtime and/or
additional labor, if necessary. In no event shall any Project Schedule update constitute an adjustment
in the Contract Time, any deadline, or the Contract Sum unless any such adjustment is agreed to by
the City and authorized pursuant to Change Order or Work Direc{ive.
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
Prqect Schedules and submitted with the linal schedule update to reflect the actual start and tinish
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 Prolect Schedule. ln cases where unplanned activity work
ABTICLE 4
stoppages e days activities shall be added to the prqect &hedule to clearly
indicate the d identity forecasted resumption and completion of the activii
where work shall clea rly note all schedule revisions when pqeA Schedule
updates are submitted, as required in this paragraph 4.02 above.
NONCOMPENSABLE EXTHAORDINARY MEASURES
A. should the city determine, in its sole judgment, that the perlormance ot the work has not progressed
to the level of completion required by the Contract Documents, Cig shall have the nght to order the
Contractor to take corrective measures lo expedite the progress of construction, at no additional cost
to the City, including, without limitation, the following:
1. Working additional shitts of overtime.
2. Supplying additional manpower, equipment, and/or facilities.
3. Beschedule aclivities to maximize praclical concunence of acclmplishment of activities.
4. Submitting a Recovery Schedule discussed above, for resequencing perlormarce of the Work or
other similar measures.
5. Any other acti0ns that may be necessary to mitigate delays.
B. Such Extraordinary Measures shallcontinue untilthe progress of the Work is no longerbehind schedule
and/or reaches the stage ol completion rEuired by the Contract Documents. Conlractor shall not be
entitled to an adjustment in the Contract Sum in connection with the perlormance of any suc+l
Extraordinary Measures required by the crty under this Paragraph. The city may exercise tha rights
lumished the City pursuant to this Pacgraph as frequently as the City deems necessary to ensureihat
the Contracto/s performance of the Work will mmply with the Contract 'lime or interim completion
dates set forth in the Contract Documents. lf Contraclor or its Subcontractors lail to implement or
commen@ Extraordinary Measures within ten (10) calendar days of City's wriflen demand, Ctty may,
without prejudice to other remedies, take conective aclion at the expense ol the Contractorwhich shall
reduce the Contnact Sum accordingly.
CONDMON OF PAYMElfi
compliance by contractor with the requirements of the contract Documents pertaining to preparation,
submission, revrsing and updating of the schedule is a cond ion precedent to city's obligation to make payment
to Contractor of any orallsums that mightotheMise be dueto Contractorin the absence ol such noncompliance.
Pafnent by City under circumstances in which City, for any reason, fails orelecls notto assert its rightto withhold
payment for noncompliance wrth this Paragraph shall not be construed as a waiver of the nght to withhold future
payments on account of such noncompliance or any other noncompliance.
IEND OF ARTICLE]
ABTICLE 4
5.02
ARTICLE 5 - SUSPENSION OR TERMINATION OF CONTRACT
TERMINATION BY THE CONTRACTOR
A. Contractor shall have the right lo terminate its performance of the Contract only upon the occurrence
of one of the following:
1. The Work is stopped for a period of ninety (90) consecutive days through no act or {ault ol the
Contractor, any Subcontnctor, Sub-subcontractor, their agents or employees, or any other
persons or entities performing portions of the Work under direct or indirect contract wrth the
Contractor, due to:
a. the issuance of an order of a court or other public authority having jurisdiction; or
b. an act of govemment, such as a declaration of national emergency making material
unavailable;
and Contractor has given City written notice within ten (10) days ol the occurence of such ground
for termination, then the Contractor may, upon thirty (30) additional calendar days written notjce to
City, unless the reason has theretofore been cured, terminate its perlormance of the Work.
2. The Work is stopped for a period of 120 consecutive days through no act or fault of Contractor,
any Subcontractor, Sub.subcontractor, their agents or employees, or any other persons or entities
performing porttons of the Work under direct or rndirect contract with the Contraclor, because the
City has persistently failed to perform any matenal obligation under the Contract Documents and
tails to cure such default within ninety (90) days after the receipt of notice from Contractor stating
the nature o, such default.
B. lf Contractor terminates its performance of the Contract in accordance with this Paragraph 5.01, the
City shall pay Contractor for the Work executed through the date of termination as set forth in Paragraph
5.Ol-C below.
TEBMINATION BY IHE CtrY FOR CAUSE
Grounds
lhe C y shall have the right to terminate the Contracto/s perlormance of the Contract, in whole or in
part, without liability to City if:
l. Contractor fails promptly to begin the Work under the Contract Documents; or
2. Contractor refuses or lails to suppty enough properly skilled workers or proper materials; or
3. Contraclor 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 unacreptable Work; or
4. Contraclor discontinues the prosecution ol the Work (exclusive of work stoppage: (a) due to
termination by City; or (b) due to and during the continuance of a Force Majeure event or
suspension by City); or
ARTICLE 5
GC-34
5.01
D.
5. Contraclor fails to resume performance of Work which has been suspended or stopped, within a
reasonable time after receipt of notice from City lo do so or (if applicable) alter cessation of the
event preventing performance; or
6. Any representation or wananty made by Contractor in the Contract Documents or any cerlificate,
schedule, instrument, or other document delivered by Contractor pursuant to the Contract
Documents shall have been false or materially misleading when made; or
7. Contractor lails to make payment to Subcontractors or Material Suppliers for materials or labor in
acmrdance w h the respective Contract Documents and applicable law; or
8. Contractor disrEards laws, ordinances, or rules, regulations, or orders of a public authority having
junsdiction;or
9. Contractor is guilty of breach ol a provision of the Contracl Documents; or
10. Contractor bemmes insolvent, is adjudicated bankrupt, or makes a general assignment for the
benefit of creditors and lails to provide C y with adequate assurances of Contracto/s ability to
satisfy its contractual obligations.
A receiver, trustee, or otherjudicial officer shall not have any right, title, or interest in or to tlre Contract.
Upon that person's appointment, City has, at its option and sole discretion, the right to immediately
cancel the Contract and declare it null and void.
Cig's Rights.
When any ol the reasons specified in Paragraph 5.02-A exist, the City may, in addition to and without
prejudice to any other rights or remedies ol the City, and after giving the Contractor five (5) calendar
days written notice, terminate Contracto/s perlormance of the Work, in whole or in part, and may:
1. Take possession of the ste and all materials, equipment, tools, construction equipment, and
maciinery thereon owned by the Contractor;
2. Withhold from Contractor amounts unpaid hereunder and to olfsel such amounts against damages
or losses incuned by City;
3. Accept assignment of subcontracts from Contractor, at the sole discretion of City, and
4. Finish the Work by whatever reasonable method the City may deem expedient.
Upon request of the Contractor, the City shall tumish to the Contractor a detailed accounting ol the
costs incurred by the City in finishing the Work.
Costs
l, City's costs to complete and damages incuned due to Contractods default exceed the unpaid
Contract balance, the Contractor shall pay the dilference to the City.
Wrong ul Termination
lf it has been adjudicated or otheMise determined that crty has wrongfully terminated the contractor
for cause, then said termination shall be deemed converled to a termination for convenience as set
ARTICLE 5
GC35
forth in Pangraph 5.04 and Contracto/s remedy for wrongful termination in such event shall be limited
toihe recovery ol the payments permitted lor termination for convenience as set forth in paragraph
5.04.
PARNAL DELETON OR SUSPENSION OF WOBK BY IHE CITY
A. Contractor agrees that the C y may determine whether any or all ot the Work described in the Contract
Documents shall be deleted or performance suspended Mthout electing to terminate the Contracto/s
performance under the Contract and without any penalty being incuned by the City.
B. Any such partal deletton or suEension of the Work shall in no way void or invalidate the Contract nor
shall it provide Contractor with any basis forseeking payment lrom City for Work deleted or suspended
except to the extent such Work has akeady been performed and is otherwise compensable under the
Contract.
C. the City shall have the right to later have any such suEended ordeleted Work performed by Contactor
or others without any penalty lo the City.
D. ln the event ol any partial orcomplete deletron or suspension of Work, the City shallfumish Contractor
with prompt wntten notice thereof, and the City shall be enthled to take possession of and have as its
propedy all Becord Docvments, Accounting Records, and oher data prepared by contractor or its
Subcontractors.
E. Suspemion for Convenience.
1. The City may at any time and from time to time, without cause, order the Contractor, in wnting, to
suspend, delay, or intenupt the Work in whole or in pan for such period of time as the City may
determine. Such order shall be specifically identified as a lt/ork Suspension Directive' under this
Sec{ion.
2. Upon receipt ol a Work Suspension Directive, Contrac{or shall, at the City's expense, comply with
its terms and take all reasonable steps to minimize costs allocable to the Work covered by the
Work Suspension Directive during the period of Work sloppage.
3. Within lhe period of suspension, or such extension to that period as is agreed upon by Contnactor
and the Cfiy, the City shall eithercancelthe Work Suspension Directive ordelete the Work covered
by such Work Suspension Directive by issuing a Change Order or Construction Change Directive.
4. lf a Work Suspension Directive is cancelled or expires, Contractor shall continue the Work. A
Change Order or Conslruction Change Directive will be issued to cover any adjustments of the
Contracl Sum and Contract Time necessarily caused by such suEension. No adjustment shall be
made to the extent:
(a) That performance is, was, or would have been so suspended, delayed, or interrupted by
another cause lor which the Contractor is responsible; or
(b) That an equitable adjustment is made or denied under another provision of the Contract.
F- Suspensions for Cause
Cty has the authority by wntten order to suspend the Work, in whole or in part, without liability to City
lor Contracto/s failure to:
ABTICLE 5
GG36
'1. Conect conditions unsafe lor the Project personnel or general public, or
2. Carry out the Contract; or
3. Carry out orders of City.
G. Responsibilities of Contractor During Suspension periods
During periods that Work is suspended, Contractor shall continue to be responsible for the Work and
shallprevent damage or injuryto the Prqect, provide tordrainage, and shall erec{ necessary temporary
struclures, signs or other facilities required to maintain the Project and continue to perlorm according
to the Contracl Documents.
5.04 IEFMINANON BY IHE C]TY FOR CONVENIENCE
A. Grounds
Without limiting any rights which City may have by reason of any delault by Contractor hereunder, City
may terminate Contracto/s perlormance of the Contract, in whole or in part, at any time, for
convenience upon fifteen (15) calendar days written notice to Contractor.
B. Contractor Ac{ions
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 ol the subcontracts and purchase orders
entered in to by Contractor pnor to the effective date of termination shall be terminated or shall be
assigned to City.
C. Compensation
1. lf the Parties are unable to agree on the amount of a termination settlement, the City shall pay
the Contractor the following amounts:
a. For Work perlormed before the etfective date ol termination, the total (without duplication ol
any items) ol:
i. lhe cost of the Work; and
ii. A sum, as overhead and profit on the mst of the Work, determined by the City to be
fair and reasonable. ln no event shall Contractor be entitled to recover overhead or
profit on Work not perlormed.
b. The reasonable costs of settlement of the Work terminated, including:
i. Accounting, clerical, and other expenses reasonably necessary for the preparation
of termination settlement proposals and supporting data, if any; and
ii. Storage, transportation, and other costs reasonably necessary for the preservation,
proteclion, or disposition ol inventory.
2. Such payment shall be Contracto/s exclusive remedy for termination for convenience and will be
due and payable on the same conditions as set forth for final payment to the extent applicable.
ARTICLE 5
GC.37
Upon receipt of such payment, the funlEctor and City shall have no further obligations to each
other except lor Contracto/s obligations with respect to wananties, representations, indemnity,
maintenance of insurance, and other obligations that suMve termination or Final Completion as
provided for herein.
3. lt is understood and agreed that no fee, anticipated protit, compensation for lost opportunity msts,
or other compensation orpayment o{anykind or chaGctershallbe due orpayable forunpertormed
Work regardless of the basis of termination and the inclusion of this provision within this
subparagraph shall in no way limit its application to termination under this Paragraph.
4. Contractor agrees that each of its subcontracts will reserve lor the Contractor the same right of
termination lor convenience provided by this Paragraph 5.Ot.
D. No Consequential Damages
Underno circumstances shallContractor be entitled to anticipatory or uneamed profits orconsequential
or other damages as a result ol a termination or partial termination under this Article 5. The payment
to Contraclor determined in accordance with this Article constitutes Contracto/s exclusive remedy for
a termination hereunder.
COI'ITRACTOR'S DTMES UPON TERMINATION FOR CAUSE OR CONVEI{IENCE
lf the City terminates Contracto/s performance ol Work under the Contract, lor cause or convenience or if
Contractor terminates a Subconfac{or with the City's approval, Contractor shall:
(1) cease performance ol the Work to the extent specified in the notice;
(2) take actions necessary or that the City may direct, for the protection and preservation of the Work;
(3) settle outstanding liabilities, as directed by City;
(4) transfer title and deliver to City Work in progress, Eecialized equipment necessary to perform the Work;
(5) submit all Record Documents, Accounting Hecords and other data prepared pursuant to the Contract by
Contractor and/or its Subcontrac{ors, as applicable, to the City with fifteen (15) calendar days atter the City's
notice of termination in an organized, usable form, in both hard copy and electronic/digital form, with all items
properly labeled to the degree of detail specified by the City; and,
(6) except for Work directed by City to be performed priorto the eflectrve date of termination stated in the notice,
incur no further costs or expenses and enter into no further subcontracts and purchase orders.
No compensation shall be due Contractor, il any, until Contractor complies with the rEuirements of this
Paragraph.
IEND 0F AHTTCLEI
ABTICLE 5
GC38
5.05
6.01
ARTICLE 6 - CHANGES
CITY'S HIGHT TO ORDER CHANGES
The City, without invalidating the Contracl, 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
ol the Conlract Documents.
APPLICABLE PROVISIONS
Changes in the Work shall be performed under applicable provisions ol the Contract Documents. The
Contractor shall proceed promptly and diligently with the change, unless otheMise proMded in the Change
Order or Construction Change Directive. lt is of the essence to this Contract that all scope changes in the
Work that form the basis of an adjustment of the Contract Sum or Contract Tlme must be authonzed in
advance in wnting through either a Change Order or Construction Change Directive. A change in the Contract
Sum or the Contract Time shall be accomplished only by Change Order or Construction Change Directive.
Accordingly, no verbal directions, course of conducl or dealings between the Parties, express or implied
acceptance of alterations or additions to the Work, or claim that the Contracl has been abandoned or the City
has been unjustly enrched 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 written notice ol any change in scope to the Director if, in the Contracto/s opinion,
any inslruction, request, Drawings, Specifications, action, condition, omission, detault, 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 adiustment of the Contract Sum or Contract Time. Such notice
shall be provided pnorto performance of the Work afiected by such occurrence and within seven (7)calendar
days atter the discovery date of 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, il any,
requested. The mere presentation of such notice shall not establish the existence of any right by Contractor
to adjustment ol the Contract Sum or Contract Trme. Failure to provide such timely written notice described
herein shall constitute a waiver by Contractor of the nght to any adjustment to the Contract Sum or Contract
Time on account thereof.
CHANGE OROERS
A. Computation
l\rethods used in determining adjustments to the Contract Sum by Change Order may include those
listed in Paragraph 6.06 below.
B. Accord and Satislaction
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 oflice overhead, disruption, acceleration, inetficiencies, lost labor or equipment
ARTICLE 6
GC-39
6.03
productivity, ditfering Site conditions, construction interferences and other extraordinary or
consequential damages (hereinafter called "lmpacts"), including any ripple or cumulative effects of
said lmpacts on the overall Work under the Contract arising directly or indirectly from the
performance of Work described in the Change Order. By execution ol any Change Order, Contraclor
agrees that the Change Order constitutes a complete accord and satisfaction with respect to all
claims for schedule extension, lmpacts, or any costs of whatever nature, character or kind arising
out of or incidentalto the Change Order. No action, conduct, omission, product lailure or course of
dealing by the City shallact to waive, modify, change, or alterthe requirement that (i)Change Orde/s
must be in writing, signed by the City and Contractor and; (ii) that such written Change Orders are
the exclusive method for eflectuating any change to the Contract Sum and/or Contract Tlme.
6.05 CONSTRUCTION CHANGE DIRECTIVE (FIELD DIRECIIVE)
A. A Construction Change Directive shall be used in the absence of total agreement on the terms of a
Change Order. The City may by Construction Change Directive, without invalidating the Contract,
order changes in the Work within the general scope of the Contract consisting ot additions, deletion,
or other revisions, the Contract Sum and Contract Time being adjusted accordingly.
B. ll the Construction Change Directive provides for an adjustment to the Contract Sum, the 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 ol 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 Contlactor believes a Construction Change Directive constitutes a basis lor adjuslment 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 ol a Change Order Request as required by paragraph
6.08. Contractor shall, if requested by City in such Construction Change Directive or in a subsequent
Construction Change Directive, proceed with the perlormance of the Work as described in the
Construction Change Directive. Failure of Contractor to proceed with the perlormance 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 Contractods agreement
therewith, including adjustment in Contract Sum and Contract Time or the method for determining
them. Such agreement shall be effective immediately and shall be recorded as a Change Order.
F. lf the Contractor does not respond promptly or disagrees with the method for adiustment in the
Contract Sum, the method and the adlustment shall be determined by the City on the basis of
reasonable expenditures and savings of those performing the Work attributable to the change,
including, in the case of an increase in the Contract Sum, Allowable Mark.Ups in accordance with
Paragraph 6.06(E) herein.
ARTICLE 6
GC-40
6.06 PRICING CHANGES IN THE WORK
A. Alternative ]tlethods ot Pricing
The amount of any adjustment by Change Order or Conslruction Change Directive increasing or
decreasing the Contract Sum shall be determined by the Director using one or a combination ol the
following methods:
1. Lump Sum. By mutual acceptance of a lump sum proposal from Contractor properly itemized
and supported by sufficient substantiating data to permit evaluation. Such proposal shall be
based solely on Allowable Costs, as defined in Subparagraph 6.06-C, and Allowable Mark-Ups,
as detined in Subparagraph 6.06-E, and shall not include any costs or expense that is not
permitted by the terms of any provision ol the Contract Documents.
2. Unit Prices. By unit prices contained in Contracto/s original Bid and incorporated in the Contract
Documents or fixed by subsequent agreement between City and Contractor. Unless othenvise
staled in the Bidding Documents, unit prices stated in the Contract Documents or agreed upon
bylhe County and Contractor shallbe deemed to include and encompass allAllowable Markups.
3. Time and Materials. By calculating the actual Allowable Costs directly incurred, plus a sum for
Allowable Mark-Ups on such Allowable Costs.
4. Deletion of Work. By Unit Pnces contained in Contracto/s original Bid and incorporated in the
Contract Documents, or by using the Schedule of Values to determine the value of the decrease
of the Contract Sum, less the value of any Work performed, plus a reasonable percentage of
the decrease lor the Contracto/s saved overhead unless the Schedule of Values allocates
general conditions costs to individual line items, in which case no percentage o{ the decrease
shall be added. When a change consists of both addition and deletion of Work, the added costs
and deleted costs shall be calculated separately, and then added together, resulting in the net
cost lor the change. The Allowable Mark-Up shall be applied to this net cost.
B. Conlractor ]tlaintenance of Daily Records for Changes
1. ln the event that Contractor is directed to perlorm 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 forms provided by Director, to Director that
sets forth a list of the actual hours spent in performing the Extra Work, that clearly
dilferentiates between the labor expended on the Extra Work and other Work, and the
Allowable Costs for such Extra Work performed that day showing the names of
workers, their classifications, hours worked and hourly rates.
b. Matenals. Eouioment. A list of Allowable Costs of materials and equipment consumed
in the performance of the Extra Work on the day on which such Extra Work is
performed, together with copies of applicable delivery tickets and unit pnces for all
materials and for all equipment used the type of equipment, identification number,
AHTICLE 6
GC-41
hours of operation (including loading and transportation) and hourly/daily rates involved
tor 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 perlormed by the Contractor in a calendar
day, Contractor shall maintain separate records of labor, construction equipment, materials, and
equipment for each such change. ln the event that any Subcontractor of any tier shall provide
or perform any portion of any change to the Work, Contractor shall require that each such
Subcontractor maintain records in accordance with this Section.
3. Each daily record maintained hereunder shall be signed by Contractor; such signature shall be
deemed Contractor's representation and warranty that all information contained therein is true,
accurate, complete, and relates only to the change 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 forwarded to the Director on the day the Work is performed (same day)
for independent verification. The Director shall attempt to revlew and reconcile costs for
changes on a daily basis. Records not available on the day on which the Extra Work is
performed, such as, but not limited to, material invoices, shall be submitted as soon as they are
available but not later than five (5) calendar days after the earlier of the day of delivery or
incorporation of the particular rtem of Extra Work at the Site.
4. The Director may additionally require authentication of all time and material tickets and invoices
by persons designated by the Director lor such purpose. ln the event that Contractor shall lail
or refuse, for any reason, to maintain or make available for inspection, review, and/or
reproduction such records, adjustments tothe Contract Sum or ContractTime, il any, on acmunl
of any change to the Work may be deemed waived for that day. Contractols obligation to
maintain back-up records hereunder is in addrtion to, and not in lieu of, any other Contractor
obligation under the Contract Documents with respect to changes to the Work.
5. Waiver bv Contractor. Failure to submit such records as are required by this Paragraph daily
shall waive any rights for recovery of Allowable Costs incuned lor Extra Work performed that
day. The farlure 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 Conlractor ol any right to
adjustment of the Contract Sum for the Allowable Cost of all or that portion of the Extra Work
covered by such non-authenticated ticket or invoice.
Allowable Costs
The term 'Allowable Costs'shall mean in the case of Extra Work actual costs incurred by Contractor
and/or any Subcontractor, regardless of tier, and necessanly involved in direct performance of the
Extra Work, or in the case of deleted work the actual costs that would have been incurred in
performing deleted work by Contractor and/or any Subcontractor, regardless of tier, and shall be
limited to the following costs:
ARTICLE 6
GC42
1.Labor. Straight-time wages or salaries, and overtime wages and salaries specifically authorized
by City in writing, for employees employed at the site, or at Iabrication sites off the site, in the
direct performance of the Extra Work orthat would have been incurred in the direct perlormance
of the deleted work, based on the actual cost for wages prevailing locally for each craft or type
of workers at the lime the Extra Wo* is done orthe deleted work is ordered eliminated. Labor
costs for equipment operators and helpers shall be reported only when such cosls are not
included in the invoice for equipment rental. The use of labor classilication which would increase
the Allowable Cost for Extra Work will not be permitted unless Contractor establishes the
necessity for such additional costs.
Benefits. Payrolltaxes, insurance, health and welfare, pension, vacation, apprenticeship funds
and benefits required by lawful collective bargaining agreements tor employees on straight.time
wages or salaries, and on overtime wages and salaries specifically authorized by City in writing,
for employees employed at the site, or at fabrication sites off the site, in the direct perlormance
of the Extra Work or that would have been incurred in the direct performance of the deleted
work.
Malerials, Consumables. Costs of materials and mnsumable items which are furnished and
incorporated into the Work, as approved by City, or that would have been incorporated into the
Work in the case of deleted work shall be at the lowest pnce available to Contractor but in no
event shall such costs exceed competitive wholesale prices obtainable from other
Subcontractors, suppliers, manufacturers and distnbutoc in the general vicinity of the site. ll
City determines, in its discretion, that the cost o{ materials is excessive, or il Contractor fails to
fumish satisfactory evidence ol the cost trom the actual supplier thereof, then in either case the
cost of the materials shall be deemed to be the lowest wholesale price at which similar materials
are available in the quantities required at the time they were needed. The City reserves the right
to fumish such materials as it deems advisable, and Contractor shall have no claim for costs or
profits on materials so fumished. Matenal invoices must be included with the extra work report
to obtain payment.
Taxes. Sales taxes on the costs of materials and consumable items descnbed in Paragraph
5.04-C.3 above.
Tool. Eouipment Hental. Rental charges for necessary machinery and equipment, whether
owned or hired, as authorized in writing by City, exclusive of hand tools, used directly in the
performance ol the Extra Work or that would have been used in the direct perlormance of the
deleted work. Regardless of ownership, such rental charges shall not exceed the hourly rate
derived from the most recently published "Rental Rate Blue Book for Construclion Equipment'
or the "Rental Rate Blue Book for Older Construction Equipment," as published by K-11 '1, San
Jose, California, which is in effect at the time ol commencement of the changed work. The
Contractor shall attach a copy of the rate schedule to the daily reports required by Paragraph
6.06-8, above. The charges for any machinery and equipment shall cease when the use thereof
is no longer necessary for the Extra Work or deleted work. No charge shall be allowed lor use
of equipment or tools which have a replacement value of $500 or less. The allowable rental
rates shall include the cost of fuel, power oil, lubrication, supplies, small tools, necessary
attachments, loading, transpo(ation, repairs and maintenance of any kind, depreciation,
storage, insurance, and all incidentals. Notwithstanding the provisions of Paragraph 6.06-E
below, no mark-up shall be allowed lor overhead, prolit or bond premiums for use of equipment
if the equipment is supplied by an equipment rental firm. lf equipment is used intermittently and,
when not in use, could be retumed to its rental source at less expense to City than holding it at
the Site, it shall be retumed, unless Contractor elects to keep it at the Site at no expense to City.
ABTICLE 6
GC,-43
4.
costs incurred while equipment is inoperative due to breakdowns, regular mainrenance, or for
non-Wo*ing Days shall not be allowed. The rental time shall include the time required to move
the equipment to the Work from the nearest available source for rental of such equipment and
to return it to the source. lf such equipment is nol moved by its own power, then roading and
transportation will be allowed. Neither moving time nor loading and transportation costs !;ill be
paid if the equipment is for use on the PQect unrelated to the Extra Work. All equipment shall
be acceptable to city, rn good working condition, and suitable lor the purpose for which it is to
be used.
6. Rovalties. Additional or saved costs ol royalties due to the performance of the Extra Work or
deleted work.
7. lnsurance. Bonds. Additional or saved costs of insurance and bonds, provided, however, that
for Extra Work such costs shall not exceed one percent (17o) of ltems 1 through 6 above.
D. Costs Not Allowed
Allowable Costs shall not include any of the following:
1. Wages, salaries, fringe benelits and payroll taxes ol Contractods and all Subcontracto/s non-
craft labor (above a Foreman level);
2. Overhead (including home office overhead), administrative or general expenses ol any ktnd
including engineering, estimating, scheduling, drafting, detailing, etc., incurred in connection
with Extra Work;
3. Vehicles not dedicated solely lor the performance of the extra ol deleted work;
4. Smalltools (replacement value not exceeding 9500);
5. Oflice expenses, including secretarialand administrative stafl, materials and supplies;
6. On-site and off-site trailerand storage rentaland expenses;
7. Site fencing;
8. Utilities, including gas, electric, sewer, water, telephone, telefax, copier equipment;
9. Computer and data processing personnel, equipmenl and software;
10. Federal, state of local business income and franchise taxes;
11. Losses ol efliciency or productivity; and
12. Costs and expenses ol any kind or item not specifically and expressly included in paragraph
6.06-C.
ARTICLE 6
GC,44
6.07
E. Allowable Ma*.Up
1. Extra Work bv contractor (Markuo): The following percentages shall be added to the Contracto/s
costs and shall constitute the markup for all overhead and profits:Labor Wo
Materials
Equipment Rental
Other ltems and Expenditures
157.
150/.
2. Extra Work bv Subcontraclor (Markup): When all or any part of the extra work is performed by a
Subcontractor, the markup provided for the Contractor in 6.06.E.1 shall apply to the
Subcontracto/s actual costs. A markup of 5olo on tre subcontracted portion of each extra work
may be added for 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 cosls, the Allowable Markups on
the Extra Work will be only the ditference between the two amounts.
CTIY ORIGINATED REQUEST FOR IIEMEED CHANGE ORDER PROPOSAL REOUEST
City may issue a Construction Change Directive or other wrinen 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 perlorm additional work, change
Work or delete Work, as applicable, including the effects and impacts, if any, on unchanged Work, estimates
of costs (broken down by the cost categories listed in this Paragraph), and Contracto/s proposed methods
to minimize costs, delay, and disruption to the performance of the Work. lf Contractor lails to submit a written
change order proposal within such period of time, it shall be presumed that the change described in the City's
original proposal request will not result in an increase to the Contract Sum or Contract Time and the change
shall be performed by Contractor without additional compensation to Contractor. City's request for itemized
change order proposal request does not authonze the Contractor lo commence performance of the change.
ll City desires that the proposed change be performed, the Work shall be authorized according to the Change
Order or Construction Change Directive procedures set lorth herein.
CONTRACTOR ORIGINATED CHANGE ORDER REOUEST (COR)
lf the Contractor believes that instructions issued by the City after the etfective date of the Contract will result
in changes to the Contract Sum or Contract Time or il the Contractor otheMise becomes aware ol the need
for or desirability of a change in the Work, Contractor may submit a written Change Order Hequest ("COR")
to the City in writing, in a format acceptable to City and in accordance with the notice provisions and other
requirements of Article 7 below for Claims. The COR must specify the reasons forthe 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
justity the costs and credits claimed by the Contractor. A Critical Path Method schedule Fragnel is required
to support and justily any additional time of perlormance 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
COH but notforinstances that occurred more than ten (10) calendar days priorto the notice date. Contracto/s
failure to initiate a COR within this ten-day period or to provide detailed back-up documentation to
substantiate the COR within thirty (30) calendar days of the initial wntten notice shall be deemed a waiver of
the right to adjustment of the Contract Sum or the Contract Time for the alleged change. Any COR that is
ABTICLE 6
GC-45
approved by the City shall be incorporated in a Change Order or Construction Change Directive. ll the C0R
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.
6.0S ISSUANCE OF WORK DIRECTIVE (UNILATERAL).
ln the event of a dispute as to whether or not Extra Work is required, City shall have the right to unilaterally
issue a Work Directive; Contractor shall continue perlormance of disputed Work pending resolution and shall
maintain and submit to City all accounting and cost data necessary to substantiate Contractods cost ol such
disputed Work.
[END OF ARTICLEI
ABTICLE 6
GG46
7.01
ARTICLE 7 - CONTRACT PAYMENTS AND CLAIMS
GENEBAL
A. Payment will be made at the price foreach item listed on the bidding lorm 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 ol the monthly revision
ol the Construction Progress Schedule.
SCHEDULE OF VALUES FOR 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 fumish within seven (7) calendar days after receiving the
Notice ot Award ol the Construction Contract a Final Schedule of Values giving a complete
breakdown ol the Contract Sum for each component of the Work.
Content
The Schedule of Values shall be in suflicient detail as the Director may, in its discretion, deem
necessary to evaluate progress at any point in the performance of the Work. Unless otherwise
specified in the Contract Documents, the Schedule of Values shall include, without limitation, a
breakdown of the general categones of Subcontractor work, direct overhead, profit and contingency,
and a further breakdown of the general categories ol Subcontractor work into separate trade line
items of costs for Subconvactor services, labor and matenal, which is based on actual Subcontractor
contract, subcontract, purchase order or vendor prices. lf requested by Director, Contractor shall
revise the Schedule of Values to allocate sums for Contractor overhead, profit and/or contingency
among the individual line items for trade portions of the Work. No amounts shall be retlected in the
Schedule of Values or Application for Payment tor Extra Work or Deleted work for which a Change
Order has not been executed by Contractor and City or for which a Construction Change Directive
has not been issued by City. Amounts that have been mutually agreed to by Change Order or
unilaterally determined by City pursuant to a Construction Change Directrve shall be segregated from
the cost of the base Contract Work and separately listed by line item in the Schedule of Values. The
Schedule of Values must be prepared in sufficient detail and supported by sufficient data to
substantiate its accuracy as the Director may require.
Aoolications for Pavmenl
The Schedule of Values, when approved by the Director, shall be used as a basis for Contracto/s
Applications for Payment and may be considered as fixing a basis for adjustments to the Contract
Sum.
ARTICLE 7
GG47
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 fairly reflects the actual costs anticipated to be progressively incuned
by Contractor, it shall be revised and resubmitted for the Directo/s approval.
APPLrcANONS FOR PAYMEI{T
A. llarked Schedule ol Values
Five (5) Days prior to the date set lorth in Paragraph 7.03-8 below forthe monthly progress payment
meeting, Contractor shall submit to Director a copy of the proposed Schedule of Values, marked to
show the percentage of completion certified by Contractor for each line item in the Schedule ot
Values, including any stored materials approved lor payment by City pursuant to Paragraph 7.03-D,
below and any withholdings lrom Contractor proposed by Director.
B. onthly Review
For the purpose of epediting the progress payment procedure, Contractor shall meet with the
Directol on or belore the twentieth (20th) day of each month to review the Contracto/s marked
Schedule of Values prepared in accordance with Paragraph 7.03-A, above. The Director shall revrse
as appropriate and sign the marked Schedule ol Values to verify such review. lf any item in the
marked Schedule ol Values submitted for payment is disputed during this review, Contractor agrees
to use its best elforts to resolve the disputed items with the Director before submitting its Application
for Payment. lf the Director and Contraclor cannot agree, then the percentage completion shall be
established at such percentage as the Director, in good faith, determines is appropnate to the actual
progress of the Work. No inaccuracy or enor in the Director's good faith estimate shall operate to
release Conlractor or Surety from any responsibility or liability arising from or related to pertormance
ol the Wo*. The Director shall have the right subsequently to conect any error and dispute any item
submitted in Contracto/s Application for Payment, regardless of whether an item was identitied as
disputed in lhe review process provided lor herein.
C. Certilication
Each Application for Payment shall be signed and certified by Contractor under penalty of perjury to
City that:
1. the data comprising the Application tor Payment is accurate and the Work has progressed to
the point indicated;
2. to the best of Contracto/s knowledge, information and beliel, the Work is in accordance with the
Contract Documents;
3. Contractor is entitled to payment in the amount certified; and
4. all sums previously applied for by Contractor on account ol Work performed by Subcontractors
and that have been paid by City have been paid to the Subcontractors per{orming such Work,
without any retention, withholding or backcharge by Contractor.
ABTICLE 7
GC-48
7.U
D. Stored Matedals
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 oft-Site under the control of City. Such payments shall only be considered upon submission
by Contractol of satisfactory evidence that it has acquired title to same, thatthe materialor equipment
will be utilized in the Work and that the material is satistactonly 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 specltically approved by City in writing, be stored in a bonded
warehouse, fully insured, and available to City for inspection- City shall have sole discretion to
determine the amount of material and equipment that may be stored on the Site at any given time.
PROGBESS PAYMENTS
A. Conditions to Progress Payments
Contractor shall submit its Application lor Payment to the Director, using such fonns as required by
City, once a month on or before the rirst (1st) Day of the month following the month in which the
Work that is the subject ot such Application for Payment was pedormed. Without limitation lo any
other provisions ol 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 Calilomia Civil Code Section 8132, for all Wo* perlormed during the
time period covered by the current Application for Payment, signed by Contractor, its
Subcontractors o{ every tier, and all material suppliers to each, and (2) forms of unconditional
release of stop notice and bond righls upon progress payment, complying wilh Calilornia Civil
Code Section 8134 lor all Work performed during the time period covered by the previous
Application for Payment, signed by Contractor, its Subcontractors ol every tier and all material
suppliers to each;
4. compliance by Contractor with its obligation Ior maintenance of As-Builts as required by the
Contract Documents;
5. compliance by Contractor with its obligation for submission ol monthly and daily reports as
required by the Contract Documents;
6. compliance by Contractor with its obligations for submission of scheduling information and
updating of the Construction Schedule as required by Article 4, above and other provisions ot
the Contract Documents pertaining to preparation or updating of schedule inlormation;
7. submission of certified payroll records as required by the Contract Documents;
ARTICLE 7
GC.4S
B.
8. submission of certifications by Contractor and each Subcontractor as required by applicable
collective bargaining agreements certitying that all employee benefit contributions due and
owing pursuant to any applicable collective bargaining agreement have been paid in full; and
9. compliance by Contractor with all of its other obligations for submission ol documentation or
performance of conditions which, by the terms of the Contract Documents, constitute conditions
to Contractois right to receive payment lor Work perlormed.
Payments by City
Pursuant to Calilomia Public Contract Code Section 20104.50, City shall make progress payment ol
undisputed sums due within thirty (30) Days after receipt by Director of an undisputed and propedy
submitted Application {or Payment, calculated on the basis of ninety{ive percent (95%) of value
determined pursuant to Paragraph 7.0&B above of the following:
'1. the portion ol the Work permanently installed and in place;
2. plus, the value of materials delivered on the ground or in storage as approved by City pursuant
to Paragraph 7.03-D, above,
3. less, the aggregate ol previous paymenls, and
4. less, any other withholdings authorized by the Contract Documents.
Reiection by City
Any Application for Payment determined not to be undisputed, proper and suitable for payment shall
be retumed to Contractor as soon as practicable, but not later than seven (7) Days, after receipt by
City accompanied by an written explanation of the reasons why lhe payment request was rejected.
Failure by City or Director to either timely reject an Application for Payment or specify any grounds
lor rejection shall not constitute a waiver of any rights by City. Applications for Payment that are
rejected shall be corrected and resubmitted within seven (7) Days after receipt by Contractor.
lnterest
It City tails to make a progress payment to Contractor as required by Paragraph 7.04-8, above, City
shall pay interest to Contractor equivalent to the legal rate set forth in subdivision (a) ol Califomia
Code of Civil Procedure Seclion 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 requiremenl
applicable to City as set forth in Paragraph 7.04-C, above.
FINAL PAYMENT
A. Retention
ln addition to withholdings permitted by Paragraph 7.09 below, a sum equal to five percent (5%) of
all sums otherwise due to Contractor as progress payments shall be withheld by city pursuant to
Paragraph 7.04-B from each progress payment ("Hetention') and retained until such time as it is due
as described herein. A higher Retention amount may be approved by the City Council where projea
is deemed 'substantially complex' by City Council. Conditions to Final Payment
ARTICLE 7
GC50
C.
D.
7.05
Contractor shall submit its Application for Final Payment, using such lorms as required by Director,
prior to requesting a linal inspection of the Work in accordance with Paragraph 3.06 above. Such
Application for Final Payment shall be accompanied by all the following:
1. an affidavit that payrolls, bills lor materials and equipment, and other indebtedness connected
with the Project for which City or City's property or funds might be liable have been paid or
otheMise satislied;
2. Contractor's certification as required by Paragraph 7.03-C, above;
3. consent of surety, it any, to Final Payment;
4. a certificate evidencing that the insurance required by the Contract Documents is in force;
5- Conditional Waiver and Release Upon Final Payment in the form required by Califomia Civil
Code Section 8136 executed by Contractor, all Subcontraclors of every tier and by all material
suppliers of each, covering the final payment period;
6. Unconditional Waiver and Helease Upon Progress Payment in the form required by Calilornia
Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all
material suppliers of each, covering the previous payrnent period;
7. all Record Documents (including, without limitation, complete and accurate As-Built drawings
which shall be kept up to date during the per{ormance of the Work);
8. documentation that Contractor has inspected, tested, and adjusted performance il every system
or facility of the Work to ensure thal overall per{ormance is in compliance with the terms of the
Contract Documents;
9. four (4) copies of all warranties from vendors and Subcontnctors, operation and maintenance
manuals, instructions and related agreements, and equipment certitications and similar
documenls;
10. certifications 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 paid in full;
11. releases of rights and claims relating to palents and trademarks, as required by the Contract
Documents; and
12. any other documents or information required by the Contract Documents as a condition of Final
Payment or Final Completion.
B. Final Payment
Pursuant to the Public Contract Code Section 7107, within sixty (60) Days after City issues the Notice
of Completion to Contraclor, the Final Payment, including Retention, shall be released to Contractor,
subject to the City's right to withhold 150% of any disputed amounts.
ARTICLE 7
GC-s1
7.06
C. Disputed Amounts
Pursuant to Califomia Public Contract Code 7101, Cil\t may deduct and withhold from the Final
Payment due under Paragraph 7.05.C, above, an amount up to 150% of any disputed amounts,
including, without limitation, amounts to protect City against any loss caused or threatened as a result
of Contracto/s failing lo tully perform all of those obligations that are required to be fulfilled by
Conlractor as a condition to Final Completion and Final Payment. Altematively, City may elect, in its
sole discretion, to accept lhe Work without correction or completion and adjust the Contract Sum
pursuant to the contract Documents.
D. Acceptance of Final Payment
Acceptance ol Final Payment by Contractor shall constitute a waiver of all rights by Contractor
against City for recovery of any loss, excepting only those Claims that have been submifled by
Conlractor 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 rn its sole discretion, to issue joint checks made
payable to Conlractor and any Subcontracto(s) ol any Tier. The joint check payees shall be solely
responsible for the allocation and disbursement of funds included as part of any such joint payment.
Endorsement on such check by a payee shall be conclusively presumed to conslltute receipt ol
payment by such payee. ln no event shall any joint check payment be construed to create any
contracl between City and a Subconlractor of anyTier, any obligation from City to such Subcontractor
or any third party rights against City or Director.
B. Withholding/Duty lo Proceed
The payment, withholding or retention ot all or any portion of any payment claimed to be due and
owing to Contractor shall not operale in any way to relieve Contractor from its obligatjons under the
Contract Documents. Contractor shall continue diligently to prosecute the Work without reference
to the payment, withholding or retention ol any payment. The pa(ial payment, withholding or
retention by City in good.faith of any disputed portion of a payment, whether ultimately determined
to be coneclly or incorrectly asserted, shall not constitute a breach by City of the Construction
Contract and shall not be grounds tor an adjustment of the Contract Sum or Contract Time.
C. No Acceptance
No payment by City or partial or entire use ot the Work 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 lor Payment shall constitute a representation and warranty by
Conlractor that:
1. Title to Work covered by an Application for Payment will pass to City either by incorporation into
the construction or upon receipt of payment by Contractor, whichever occurs first; and
ARTICLE 7
GC-52
7.07
2. Work covered by previous Applications lor Payment are free and clear of liens, stop notices,
claims, security interests or encumbrances imposed by the Conlractor or any other person.
E. Corrections
No inaccuracy orerror in any Application for Payment provided by Contractor shalloperate to release
Contractor trom the error, or from losses arising from the Work, or kom any obligation imposed by
the Contract Documents. City retains the right to subsequently correct 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 inciude in its Applications lor Payment sums on account of any Subcontracto/s portion
of the Work that it does not intend to pay to such Subcontraclor. Upon receipt of payment from City, Contractor
shall pay the Subcontractor perlorming Work on the Prolect, out of the amount paid to Contractor on account
of such Subcontracto/s portion of the Work, the amount to which said Subcontractor is entitled in accordanc€
with the terms of its contract with Contractor and applicable laws, including, without Iimitation, Califomia Public
Contract Code Section 7'107. Contractor shall remain responsible notwithstanding a wilhholding by City
pursuant to the terms ol these Contract Documents, to promptly satisly from its own lunds sums due to all
Subcontractors who have perlormed Work that is included in Contracto/s Application for Payment. Contractor
shall, by appropriate agreement, require each Subcontractor to make payments to its subcontractors and
material suppliers in similar manner. City shall have no obligation to pay or be responsible in any way for
payment to a Subcontractor of any tier or material supplier.
PAYMEITS WMIHELD
A. Withholding by City
ln addition to any other amounts which City may have the right to retain under the Contract
Documents, City may withhold a 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 liled or reasonable evidence
indicating probable filing of such claims or stop notices. City shall promptly inform
Contractor of any third party claims related to this Contract.
2. Defective Work. Defective Work not remedied;
3. Nonpayment. Failure of Contractor to make proper payments to its Subcontractors lor services,
labor, materials or equipment;
4. lnability to Complete. Heasonable doubt that the Work can be completed for the then
unpaid balance of lhe Contract Sum or within the Conlract Time;
5. Violation ol Applicable Laws. Failure of Contractor or its Subcontractors to comply with
applicable laws or lawful orders of governmental authonties;
ARTICLE 7
GC53
7.08
B.
c.
6. Penalty. Any claim or penalty asserted against City by virtue of Contractois failure to comply
with applicable laws or lawlul orders of governmental authonties (including, without limitation
labor laws);
7. Failure to Meet Contract Time. Any damages which may accrue as a result of Contractor failing
lo meet the Construction Schedule or failing to perform within the Contract Time;
8. Setoff. Any reason specified elsewhere in the Contract Documents as grounds lor a withholding
offset or set otf or that would legally entrtle City to a set-ofl or recoupment;
9. Consultant Services. Additional prolessional, 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 or Subcontractor to City, Separate Contractors or any
other person or entity under contract to City.
13. Clean Up. Clean up performed by Cily and chargeable to Contractor pursuant to the Conlract
Documents.
14. Employee Benelits. Failure ol Contractor to pay contributions due and owing to employee
benefits funds pursuant to any applicable collective bargaining agreement or trusl agreement.
15. Required Documents. Failure of Contractor to submit on a timely basis, proper and sufficient
documentation required by the Contract Documents, including, without limitation, Construction
Schedule updates,'look ahead' schedules, Submittals, Schedules of Values, information on
Subcontractors, Change Orders, certilications and other required reports or documentation.
16. other Breach. A breach of any obligation or provision of the Contract Documents.
Release of Withholding
ll and when City determines, in its sole discretion, that the above grounds lor withholding have been
removed and that all losses inorned or th reatened have been paid, credrted or othenvise satisfied, then
payment shall be made lor amounts w hheld because of them.
Application ol 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 priorjudicial determination of City's actual rights with respect to such loss. Contractor
agrees and hereby designates City as its agent for such purposes, and agrees that such payments
shall be considered as payments made under Construction Contract by City to Contractor. City shall
not be liable to Contractor for such payments made in good faith. City shall submit to Contractor an
accounting ol such funds disbursed on behalf of Contractor. As an altemative to such payment, city
may, in its sole discretion, elect lo exercise its right to adjust the Contract Sum as provided in the
Contract Documents.
ABTICLE 7
GC.54
7.0s
D. Continuous Pertormance
Provided City pays the undisputed portion, any, of funds withheld in good taith, Conkactor shall
maintain continuous and unintenupted performance ol the Work during the pendency of any disputes
or disagreements with City.
SUBSiTIIUTION OF SECURTIIES
A. Public Contract Code
Pursuant to the requirements of Califomia Public Contracl Code Section 22300, upon Contracto/s
request, City will make payment to Contractor ol any funds withheld lrom payments to ensure
performance under the Contract Documents if Contractor deposits wilh City, or in escrow with a
Calrlomia or federally chanered bank in Califomia acceptable to City ("Escrow Agent'), securities
eligible for the investment of State Funds under Govemment Code Sec{ion 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 following conditions:
1. Contractor shall be the benelicial owner or any securities substituted lor monies withheld for the
purpose of receiving any interest thereon.
2. All expenses relating to the substitution of securities under Public Contract Code Section 22300
and under this Paragraph 7.04, including, but not limited to City's overhead and administrative
expenses, and expenses of Escrow Agent shall be the responsibility ol Contractor.
3. Secunties or cerlificates of deposit substituted for monies withheld shall be ol 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 Agreemenl for Deposit of Securities in Lieu of
Retention.'
5. Contactor shall obtain the wntten consent of Surety to such agreement.
6. Securities, if any, shall be retumed to Contractor only upon satisfactory Final Completion of the
Work.
B. Substitute Security
To minimize the expense caused by such substitution of securities, Contractor shall, prior to or at the
tme Contractor requests to substitute secunty, deposit suflicient secunty to cover the entire amount to
be withheld. Should the cunent market value of such substituted security Iall below the amount for
which it was substituled, or any other amounts which the Cfty withholds pursuant to the Contract
Documents, Contractor shall immediately and at Contracto/s expense and at no cost lo City deposit
additional security qualifying under Public Contract Code Section 22300 until the cunent market value
of the total security deposited is no less than the amount subjecl to withholding under the Contract
Documenls. Securities shall be valued as often as conditions of the securities market wanant, but in
no case less frequently than once per month.
ARTICLE 7
GC55
c.Deposit of Retentions
Alternatively, subject to the conditions set lorth in Paragraph 7.04-A above, upon request of
Contractor, City shall make payment of retentions directly to Escrow Agent at the expense of
Contractor, provided that Contractor, City and Escrow Agent shall, as a prerequisite such payment,
enter into an escrow agreement in the same form as prescnbed 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 beanng accounts, and Contrac{or shall receive the interest
earned on the investments. Escrow Agent shall hold such direct payments by City under the same
terms provided herein for securities deposited by Contractor. Upon satisfactory Final Completion ol
the Work, Contractor shall receive from Escrow Agent all securities, interest and payments received
by Escrow Agent from City, less escrow lees and charges of the Escrow Account, according to the
terms of Public Contract Code Section 22300 and the Contract Documents.
Iime for Eleclion ol Substitulion of Securities
Notwithstanding the provision of 7.04 A, B, and C above and Califomia Public Contract Code Section
22300, thefailure ol Contrac{orto requestthe Substrtr.rtion ofeligible secuntiesfor monies to be withheld
by City within ten (10) days of the award ot Contract to Contractor shall be deemed to be a waiver of
all such rights.
CLAIMS
A. Arising ol Claim.
1. Scope Change. When Contractor has a claim for an increase in the Contract Sum or Contract
Time due to a scope change which has not yet become final, a tlaim'will be deemed to arise
once the Director has issued a decision denying, in whole or in part, the Contractor's Change
Order Flequest.
2. Other Claims. ln the case of a Claim by Contractor that does not involve an adjustment to the
Contract Sum or Contract Time due to a scope change and which has not become final, the
Claim may be asserted it, and only if, Contractor gives wntten notice to City of intent to lile the
Claim within three (3) days ol the date of discovery relative to such circumstances (even if
Contractor has not yet been damaged or delayed). Such written notice of intent to file a Claim
shall be valid if, and only il, it identifies the event or condition giving rise to the Claim, states its
probable effect, if any with respect to Contracto/s entitlement to an adjustment of the Conlract
Sum or Contract lime and complies with the requirements of Paragraph 7.1 1-8, below. For
purposes ol this Paragraph 7.1 1, a Claim lor which such wntten notice is required and has been
given by Contractor shall be deemed to arise on the date that such written notice is received by
City.
B. Contenl of Claim
A Claim by Contraaor must include all of the following:
1. A statement that it is a Claim and a request for a decision on the Claim;
2. A detailed description of the act, enor, omission, unforeseen condition, event or other
circumstance giving rise to the Claim.
ABTICLE 7
GG56
D.
7.10
4.
lf the Claim involves an adjustment to the Conkact Sum or Contract Time due to a change in
scope, a statement demonstrating that all requisite notices were provided, including, without
limitation, timely written notice and a Change Order Request as required by Article 6 of these
General Conditions and timely notice of delay and request for extension of lime in accordance
with Article 3. lf the Claim does not involve an adjustment to the Contract Sum or Contract Time
due to a change in scope, a statement demonstrating that a notice of intent to file the Claim was
timely submitted as required by Paragraph 7.10-A.2, above;
A detailed justification for any remedy or relief sought by the Claim including without limitation,
a detailed cost breakdown in the lorm' required for submittal of Change Order Requests and
actualjob cost records demonstrating that the costs have been incurred;
lf the Claim involves a request lor adjustment of the Contract Time, written 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 Contraclor is entitled to an extension of time under the Contract Documents; and
A written certilication signed by a managing otficer of Contracto/s organization, who has the
authority to sign contracts and purchase orders on behalf of Contractor and who has personally
investigated and confirmed the truth and accuracy of the matters set forth in such certification,
in the 'following form:
"l hereby certify under penalty of perjury that I am a managing officer of (Contractor's name) and
that I have reviewed the Claim presented herewith on Contracto/s behalf and/or on behalf of
(Subcontractoi s name) and that, to the best ol my knowledge after conducting a diligent inquiry
into the facts of the Claim, the lollowing statements are true and correcl:
The lacts alleged in or that form the basis for the Claim are, to the best of my knowledge
following diligent inquiry, true and accurate; and,
(a) I do not know ol any facts or circumstances, not alleged in the Claim, that by
reason of their not being alleged render any lact or statement alleged in the Claim
materially misleading; and,
(b) | have, with respect to any request for money or damages alleged in or that forms
the basis for the Claim, reviewed the job cost records (including those maintained
by Contractor and by any Subcontractor, of any tier, that is asserting all or any
porlion of the Claim) and confirmed with reasonable certainty that the losses or
damages suffered by Contractor and/or such Subcontractor were in fact sutfered
in the amounts and for the reasons alleged in the Claim; and,
(c) | have, with respect to any request for extension of time or claim of delay,
disruption, hindrance or interference alleged in or that forms the basis for the
Claim, reviewed the job schedules (including those maintained by Contractor and
the Subcontractor, of any tier, that is asserting all or any portion of the Claim) and
confirmed on an evenl-by-event basis that the delays or disruption suflered by
Contractor and/or such Subcontractor were in fact 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,
ARTICLE 7
GC-57
I have not received payment from City for, nor has Contractor previously released
City from, any portion of the Claim.'
Signature:
Name:
Ti e:
Company
Date:
Noncompliance
Failure to submit any of the inlormation, documentation or certilications required by Paragraph 7.10-
B, above, shall result in the Claim being returned to Contractor without any decision.
Submission ol Claims
1. Director. Claims shall be first submitted to the City for decision by the Director.
2. Continuous Work. Notwithstanding the making ol any Claim or the exislence of any diEute
regarding any Claim, unless olherurise directed by City, Contractor shall not delay, slow or stop
performance of the Work, but shall diligently proceed with perlormance in accordance with the
Contract Documents and City will mntinue, to make undisputed payments as by the Contract
Documents.
3. Time for Filino. All Claims and supporting documentation and certilications must be filed within
thirty (30) days after the Claim arises. No Claims shall be filed after Final Payment.
4. Conditions Precedent. No Claim may be asserted unless Contractor has strictly complied with
the requirements of this Paragraph 7.10-D, which shall be considered conditions precedent to
Contracto/s right to assert the Claim and to initiate the Dispute Resolution Process with respect
to such Claim.
Response to Claims, Meel 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
documentation of the Claim within thirty (30) days of receipt ol the Claim, in which case City
shall respond to the Claim within fifteen (15) days after receipt of the further information or
documentation or within a period of time no greater than that taken by Contractor in producing
the additional information or documentation, whichever is greater.
2. Claims $50,000 or more. Claims $50,000 or more shall be responded to by City in writing within
(60) days of receipt of the Claim, unless City requests additional information or documentation
ot the Claim within thirty (30) days of receipt of the Claim, in which case City shall respond to
the Claim within thirty (30) days after receipt of the further information or documentation or within
a period of time no greater than that taken by Contractor in producing the additional information
or documentation, whichever is greater.
ARTICLE 7
GC-58
(d)
D.
E.
F
u-
3. Meet and Confer. ll Contractor disputes City's response, or if City fails to respond within the
prescnbed time set forth in Paragraph 7.10-E-1 and 7.10-E.2, above, Contractor may so notity
City, in writing, within fifteen (15) days of City's response, or within fifleen (15) days of City's
response due date in the event of a failure to respond, and demand an informal conference to
meet and confer for settlement of the issues in dispute. Upon such demand, City shall schedule
a meet and confer conference within thirty (30) days of such demand, for discussion of
settlement of the dispute.
Finality oI Oecision
lf Contractor disputes the Directo/s decision under this Article, it shall commence the Dispute
Resolution Process as set forth in Article 15 of these General Conditions by filing a Statement ol
Dispute within seven (7) days after receipt of the Directo/s response.
Continuing Contract PerlormanceJDuty to Proceed with Disputed Work
Contractor shall not delay or postpone any Work pending resolution of any claims, disputes or
disagreements. Pending final resolution of a claim, lhe Contactor shall proceed diligenfly with
performance ol 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 pedormance pending resolution olthe
dispute and shall maintain the accounting and cost data to substantiate the cost of such disputed work.
[END OF ARTCLE]
ABTICLE 7
GC.59
8.01
ARNCLE 8. MATERIALS AND EQUIPMENT
GENERAL
A. The Contractor shallfumish all matenals and equipment needed to complete the Work and installations
required under the terms of this Contract, except those matedals and equipment specified to be
lumished by the City.
B. The Contrac{or shall submit satisfactory evidence that the materials and equipmentto be fumished and
used in the work are in compliance with the Specifications. Materials and equipment incoporated in
the Work and not Eecifically covered in the Specifications shall be the besl ol their kind. Unless
othenrvise spectfied, all matenals and equipment incorporated in the Work under the Contract shall be
new.
QUALITY AND WORKMANSHIP
AII material and equipment fumished by the Contractor shall be new, high grade, and Iree from delects and
imperfections, unless otheMise hereinafter specified. Workmanship shall be in accordance with the best
standard practices. All materials and equipment must be of the Eecified quality and equalto approved samples,
if samples have been required. All Work shall be done and completed in a thorough, workmanlike manner,
notwithstanding any omission lrom the Specilications or Drawings, and it shall be the duty ot the Contractor to
call attention to apparent enors or omissions and request instructions before proceeding with the Work. The
Director may, by appropriate inslructions, correct enors and supplyomissons, which instructions shallbe bindlng
upon the Contractor as though contained in the onginal Specifications or Drawings. All Work perlormed under
the Specifications will be inspected by the Director as provided in Paragraph 8.04. All matenals and equipment
fumished and allWork done must be satisfactory to the Director. Work, material, orequipment not in accordance
with the Specifications, in the opinion ol the Director shall be made to conform therelo. Unsatisfactory materials
and equipment will be rejected, and rf so ordered by the Director, shall, at the Contracto/s expense, be
immediately removed lrom the vicinity ol the Work.
TRADE NAMES AND 'OR APPROVED EOUAL' PROVISION
Whenever in the Specifications or Drawings the name or brand of a manufactured article is used it is intended
to indicate a measure ol quality and Lnility or a standard. Except in those instances where the product is
designated to match others in use on a particular improvement either completed or in the course of completion,
the Contractor may substitute any other brand or manufacture ol equal appearance, quality, and utility on
approval of the Director, provided the use of such band or manufacture involves no additional cost to the City.
APPROVALOF MATERIALS
A. The Contractor shall fumish without additional cost to the City such quantitles of construction materials
as may be required by the Director for test purposes. He/she shall place at the Directo/s disposal all
available faciltties for and cooperate with him in the sampling and testing of all materials and
workmanship. The Contractor shall prepay all shipping charges on samples. No samples are to be
submitted with the bids unless otheMise specified.
B. Each sample submitted shall be labeled. A letter, in duplicate, submtting each shipment of samples
shall be mailed to the Director by the Contractor. Both the label on the sample and the letter of
transmittal shall indicate the material represented, its place of origin, the names of the producer and
ABTICLE 8
cc-60
8.02
8.03
8.05
the Contractor, the Specifications number and title, and a relerence to the applicable Drawings and
Specif ications paragraphs.
C. Matenals or equipment of which samples are required shall not be used on the Work until approval has
been given by the Director in writing. Approval of any sample shallbe only forthe characteristrcs o{ the
uses named in such approval and no other. No approval ol a sample shall be taken in itsell to change
or modify any Contract requirement.
D. Failure of any material to pass the specified tests, including lile cycle maintenance data may be
sulficient cause for refusal to consider under this Contract, any lurther sample ol the same brand or
make ol that material.
ORDERING MATERIALS AND EOUIPMENT
One copy of each otthe Contractois purchase orders for materials and equipment forming a portion of the Work
must be tumished to the Director, il 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 ot manufacture or supply, and materials
and equipment supplied from points outside the LosAngeles area willbe inspecled upon arnvalatthejob, except
when other inspection requirements are provided for specilic materials in other sections of the Contract
Documents.
AUTHOR]TY OF IHE DIRECTOR
A. On all questions conceming the acceptabilrty of materials or machinery, the classilication of materials,
the execution olthe Work, and conflicting interests of Contractors performing related work, the decision
of the Director shall be final and binding.
B. The Director will make periodic observations ol materials and completed work to observe their
compliance wrth Drawings, Specifications, and design and planning concepts, but hdshe is not
responsible for the superintendence 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.
INSPECTION
All matenals fumished and work done underthis Contract will be subject to rigid inspection. The Contractor shall
lumish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining
them, as requested by the Director. The Director, or higher authorized agent or agents, at all times shall have
access to all parts of the shop and the works where such materials under his/her inEection is being
manufactured or the work performed. Work or matenal that does not conform to the Specifications, although
accepted through oversight, may be rejected at any stage ol the Work. Whenever the Contractor is permitted or
directed to do night work or to vary the period during which work is canied on each day, he/she shall give the
Director due notice, so that inspection may be proMded. Such work shall be done under regulations to be
fumished in writing by the Director-
INFRINGEMEl{T OF PATENTS
The Contractor shall hold and save the City, its oflicers, agents, servants, and employees harmless from and
against all and every demand or demands, of any nature or kind, for or on account of the use of any patented
invention, process, equipment, article, or appliance employed in the execution of the Work or included in the
matenals or supplies agreed to be fumished under this Contracl, and should the Contractor, hiyher agents,
8.07
ARTICLE 8
GC{1
8.06
servants, oremployees, or any of them, be enioined from fumishing or using any invention, process, equipment,
article, materials, supplies or appliance supplied or required to be supplied or used under this Contract, the
Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or
appliances in lieu thereof, of equal efficiency, quality, Iinish, suitability, and market value, and satisfactory in all
respects to the Director. Or in the event that the Director elecls, in lieu of such substitution, to have, supplied,
and to retain and use, any such invention, process, equipment, article, materials, supplies, or appliances, as may
by this Contract be required to be supplied and used, in that event the Contractor shall at hisiher epense pay
such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its otficers,
agents, servants, and employees, or any of them, to use such invention, process, equipment, arlicle, materials,
supplies, or appliances without being disturbed or in way interlered with by any proceeding in law or equity on
account thereof. Should the Contractor neglect or reluse promptly to make the substitution hereinbefore required,
or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid,
then in that event the Director shall have the right to make such substitution, or the City may pay such royalties
and secure such licenses and charge the cost thereof against any money due the Contractor from the City, or
recover the amount thereof from him/trer and hidher surety, notwithstanding final payment under this C,ontract
may have been made.
IEND OF ARTTCLEI
ABTICLE 8
GC.62
ARNCLE 9 - SUBMITTALS
9.01 GENERAL
A. Ile Contraclor shallsubmit samples, drawings, and data for the Directois approvalwhich demonstrate
fully that the construction, and the matenals and equipment to be fumished will comply with the
provisions and intent of the Drawings and Specifications.
B. Specific items to be covered by the submittals shall include, as a minimum, the following:
1. For structures, submit all shop, setting, equipment, miscellaneous iron and reinforcement
drawings and schedules necessary.
2. For conduits, submit a detailed layout of the conduit with details ol bends and labricated
specials and lumish any other details necessary. Show location of shop and field welds.
3. For equipment which requires electrical seNice, submit detailed information to show power
supply requirements, wiring diagrams, control and proteclion schematics, shop test data,
operation and maintenance procedures, outline drawings, and manufacture/s
recommendation ol the interface/interiock among the equipment.
4. For mechanical equipment submil all data pertinent to the installation and maintenance of
the equipment including shop drawings, manufacture/s recommended installation
procedure, detailed installation drawings, test data and curves, maintenance manuals, and
other details necessary.
5. Samples
6. Colors
7. Substitutions
8. Manuals
9. As-built drawings
10. Safety plans required by Article 10
9.O2 PRotrufiHANDUNG
A. Submittals shall be acmmpanied by a letter ol transmittal and shall be in strict accordance with the
provisions of this Anicle.
B. Submit priority of processing when appropnate.
9.03 SCHEDULEOFSUBMTTALS
A. The Contractor shall prepare and submit a schedule ol submittals. The schedule of submittals shall be
in the form of a submittal log. Refer to Paragraph 9.12.
ARTICLE 9
GC{3
9.04 SHOP DRAWNGS
A. All shop drawngs shall be produced to a scale sutficiently large to show all pe nent features of the
item and its method ol connection to the Work.
B. All shop drawing prints shall be made in blue or black line on white background. Heproductions of
City/Contract Drawings are not acceptable.
C. The overall dimensions of each drawing submitted to the Director shall be Eual to one ol the Citys
standard sheet sizes as listed below. The title block shall be located in the lower right hand comer of
each dawing and shall be clear of all line Work, dimensions, details, and notes.
Sheet Sizes
Heioht X Width
11" X I 12',
11',X 17'.
24'X 36'
3o',X42"
9.(E COLORS
Unless lhe precise color and pattem are specified elsewhere, subm( accurate color cha(s and pattem chads to
the Director for higher review and selection whenever a choice of color or pattem is available in a specified
product. Label each chart naming the source, the proposed localion of use on the project, and the project.
9.06 MANUFACTURERS'IJTERAIUBE
Where contents of submitted literalure from manufac{urers includes data not pertinent to the submittal, clearly
show which porlions of the contents are being submitted for review.
9.07 SUBSIMJTIONS
A. The Contract is based on the materials, equipment, and methods described in the Contract Documents.
Any Contractor proposed substitutions are subject to the Director,s approval.
The Direc{or will consider proposals for substitution of materials, equipment, and methods only when
such proposals are accompanied by lull and mmplete technical data, and all other information,
including life cycle maintenance data, required by the Director to evaluate the proposed substitution.
B. Any requests for substitutions by the Contraclor must be made wrthin forty{ive (45)calendar dayslrom
the lssuance Date on the Notice to Proceed. Othenrvise, such requests will not be considered.
C. Trade names and "or approved equal" provision as set lorth in paragraph 9.03.
9.08 MANUALS
A. When manuals are required to be submitted covering items included in this Work, prepare and submit
such manuals in approximately 8-12'X 11'lormat in durable plastic binders. ln addition, manuals
shall be submitted in electronic Iormat. Manuals shall contain at least the follotving:
1. Identification on, or readable through, the tront cover stating general nature of the manual.
ARTICLE 9
Gffi4
2. Neatly typewntten index near fie lront of the manual, fumishing immediate information as to
location in the manual of all emergenry data regarding the installation.
3. Complete instruclions regarding operation and maintenance of all equipment involved.
4. Complete nomenclature ol all replaceable parts, their part numbers, current cost, and name
and address of nearest vendor ol parts.
5. Copy of all guarantees and wananties issued.
6. Copy ol drawings with all data conceming changes made during construction.
B. Where contents of manuals include manutac{urers' catalog pages, clearty indicate the precise ilems
included in this installation and delete, or otherwise clearly indicate, all manufacturers' data with which
this installation is not concemed.
9.09 A$BUILT DRAWNGS
A. When required to be submitted covering items included in this Work, the Contractor shall deliverto the
City one complete set of linal As-Built hard mpy drawings together wrth a set ol AutoCAD drawing files
in electronic format showing completed building, ?s-builf for City records belore the Contract will be
accepted by the city.
B. The drawings shall be duplicates and at the same size and dimensional scale as the originals. They
shallbe on a polyester translucent base materialwith a minimum sheet thickness of.003 inch (.08mm).
C. lhe legibility and mntrast of each drawing submitted to the City shall be such that every line, number,
letler, and character is clearly readable in a full size blorv back lrom a 35 mm microfilm negative of the
drawing.
9.10 SUBMTTTALSOUANNNES
A. Submrt seven (7) copies ol all data and drawings unless specified otheruise.
B. Submit all samples, unless specified otherwise, in the quantity to be retumed, plus two, which will be
retained by the Director.
9.11 IDENTIFrcANONOFSUBMIrTALS
Completely identify each submittal and resubmittal by showing at least the lollowing information:
A. Name and address of submitter, plus name and telephone number of the individual who may be
contacted for further information.
B. Name of prqect as it appears in the e,ontract 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 original submittal or re-submittal.
E. For samples, indicate the source of the sample.
ABTICLE 9
GC{5
9.12 SCHEDULE OF SUBMTTALS
A. Submit initial schedule of submittals within five (5) Working Days after the lssuance Date on Notice to
Proceed.
B. Submit revised schedule of submittals within five (5) Working Days after date of request from the
Director.
C. The Director will review schedule of submittals and will notify Contraclor that schedule is acceptable
or not acceptable within five (5) Working Days after receipt.
COORDINANON OF SUBUTTALS
A. Prior to submittal lor the Directo/s review, use all means necessary to lully coordinate all matenal,
including the lollowing procedures:
'1. Determine and verify all field dimensions and conditions, materials, catalog numbers, and similar
data.
2. Coordinate as required with all trades and with all public agencies involved.
3. Secure all necessary approvals from public agencies and others and signify by stamp, or other
means, that they have been secured.
4. Cleady indicate all devrations lom the Specifications.
B. Unless othenvise specifically permitted by the Director, make all submittals in groups containing all
associated items; the Direclor may reject partial submittals as not complying with the provisions of the
Specifications.
TIMING FOR SUBilttTALS
Make all submittals far enough in advance of scheduled dates ot installation to provide all required time
for reviews, for securing necessary approvals, Ior possrble revision and re-submittal, and for placing
orders and securing delivery.
ln scheduling, allow at least 15 Working Days forthe Directo/s review, plus the transit time to and from
the City ofiice.
Manuals shall be submitted pnor to per{orming tunctional tests.
9.15 APPROVAL BY C]TY
Up to three (3) copies of each submittal, except manuals, schedule of costs for progress payments,
and as-built drawings will be retumed lo the Contractor marked "No Exceplions Taken," "Make
Conections Noted - Do Not Resubmit,' or "Make Conections Noted - Resubmit.' Manuals, schedule of
costs, and as-built drawings will be retumed for re-submittal if incomplete or unacceptable.
Submittals marked "Approved as Noted" need not be resubmitted, but the notes shall be followed-
lf submittal is retumed for conection, it will be marked to indicate what is unsatisfactory.
ABTICLE 9
GC{6
9.13
9.14
B.
B.
D. Resubmit revised drawings or data as indicated, in five (5) copies.
E. Approval of each submittal by *re Director will be general only and shall not be construed as:
1. Permitting any departures from the Specifications requirements.
2. Relieving the Contractor ol the responsibilrty for any errors and omissions in details, dimensions,
or of other nature that may exisl.
3. Approving departures lrom additional details or instructions previously {umished by the Director.
9.16 CHANGES TO APPROVED SUBMTTTALS
A. A re-submittal is required for any proposed change to an approved submittal. Changes which require
re-submittal include, but are not necessanly limited to, drawing revisions, changes in matenals and
equipment, installation procedures and test data. All resubmittals shall include an explanation of the
necessity lor the change.
B. Minor conections to an approved submittal may be accomplished by submitting a "Corrected Copy".
[END OF ARTICLEI
ARTICLE 9
GC{7
ARTICLE 10- SAFETY
10.01 PROTECIION OF PERSONS Al{D PROPERTY
c.
10.02 PROTECNON FROM HAZABDS
Trench Ercavation
Excavation for any trench lour (4) feet or more in depth shall not begin until the Contractor has recerued
approval trom the Director of the Contracto/s detailed plan for worker protection from lhe hazards of
caving ground dunng the excavation of such trench. Such plan shall show the details of the design of
shonng, bracing, sloping or other provisions to be made for worker protection during such excavalion.
No such plan shallallowthe use of shoring, sloping or protective system less effective than that required
by the Construction Safety Orders of the Division of Occupational Safety and Health, and if such plan
vanes from the shonng system standards established by the Construction Safety orders, the plan shall
be prepared and signed by an engineer who is registered as a Civil or Structural Director in the State
of Califomia.
Confined Spaces
Contractor shall comply with all of the provisions ol General lndustry Salety Orders of the Califomia
code of Hegulations. Entry of a confined space shall not be allowed until the contractor has received
approvalfrom the Direclor of the Contracto/s program for confined space entry. Conlined space means
a space that (1) ls large enough and so configured that an employee can bodily enter and perlorm
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 limrted means of entry); and (3)
ARTICLE 1O
GC68
B.
Contracto/s Hesponsibility: Notwithstanding any other provision of the Contract Documents, the
Contractor shall be solely and completely re$onsible for conditions of the job site, including safety of
all persons and property, during performance of the Work. This requirement will apply continuously and
will not be limited to normal working hours. salety and sanitary provisions shall conlorm to all applicable
Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of
these are in conflict, the more slringent requirement shall be followed.
Sanitary Facilities. The Contractor shall fumish and maintain sanitary facilities by the worksites for the
entire construclion penod.
Protection of the Public. fte Contractor shall take such steps and precautions as hiyher operations
warrant to protect the public from danger, loss ol life, loss of property or intenuption of public services.
Unforeseen conditions may anse which will require that immediate provislons be made to protect the
public from danger or loss, or damage to life and property, due direc y or indirectly to prosecution ol
work under this contract. Whenever, in the opinion of the Direclor, a condition exsts which the
Contractor has nol taken sufficient precaulion of public safety, protection of utilities and/or protection of
adjacent structures or property, the Director will order the Contraclor to provide a remedy for the
condition. ll the contractor fails to acl on the situation within a reasonable time penod as determined
by the Director, or in the event of an emergency situatton, the Direclor may provide suitable protection
by causing such work to be done and material to be fumished as, in the opinion of the Director, may
seem reasonable and necessary. The cost and 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 lrom the final payment due to the Contractor.
A.
B.
ls not designed tor continuous employee occupancy. Failure to submit a confined space entry program
may result in actions as provided in A cle 5: 'Suspension or Termination of Contract.'
C. MaterialSalety Data Sheet
Contractor shall comply with all ol the provisions of General lndustry Safety Orders of the Calilomia
Administrative Code. The Contractor shall submit to the Director a Material Safety Data Sheet (MSDS)
Ior each hazardous substance proposed to be used, ten ('10) days priorto the deliveryof such materials
to the job sile or use of such materials at a manufacturing plant where the Director is to perform an
inspection. For materials which are to be tested in City laboratories, the MSDS shall be submitted with
the sample(s). Hazardous substance is delined as any substance included in the list (Directo/s List)
ol hazardous substances prepared by the Director, Calilomia Department of lndustrial Relations,
pursuant to Labor Code Section 6382. Failure to submit an MSDS for any hazardous substance may
result in actions as povided in Article 5, "Suspension or Termination of Contracl".
IO.O3 DIFFERING S]IE CONDMONS
A. Differino Site Conditions Delined. The Contractor shall prornptly, and belore such conditions are
disturbed, notily the Director in writing of any Dillering Site Conditions. Diflering Site Conditions are
those conditions, located at the project site or in exisling improvements and not otheMise ascertainable
by Contractor through the exercise ol due diligenc€ in the performance of its inspection obligations in
the Contract Documents, encountered by Contraclor in digging trenches or other excavations(s) that
extend deeper than four feet below the surlace of the ground that constitute:
1. Matenalthatthe Contractor believes may be materialthat is hazardous waste as delined in Seclion
25117 of the Heahh and Safety Code, which is required to be removed lo a Class l, Class ll, or
Class lll disposal srte in accordance with provisions of existing law.
2. Subsurface or latent physical conditions at the site differing materially from those indicated in these
Contact Documents.
3. Unknown physical conditions at the site, ol any unusual nature, diflerent materially from those
ordinanly 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 constitute Differing Site
Conditions, then notice of such conditions shall, before such conditions are disturbed, be promptly
repo(ed to the Director followed within twenty{our (24) hours by a further wntten notice stating a
detailed description of the conditions encountered.
C. The Director will promptly investigate the conditions and lf he/she finds that such conditions do
materially ditfer, or do involve hazardous waste, and do cause an increase or decrease in the
Contractoi s cost of, or time required lor, performance ol any pad of the Work under this Contract, an
equitable adjustment will be made, as determined by the Director.
D. Chanoe Order Request. lf Contractor intends to seek an adjustment to the Contract Sum or Contract
Time based upon Diflering Site Conditions, it must, within ten (10) Days after the Discovery Date relative
to such conditions, submit a Change Order Flequest setting forth a detailed cost breakdown and Time
lmpact Analysis, in the form required by Article 6 of these General Conditions, ol the additronal
Allowable Costs and Excusable Delay resulting from such Differing Site Conditions.
ART CLE 1O
E. Failure to Complv. Failure by Contractor to strictly comply with the requirements of this Paragraph
10.03 conceming the timing and content of any notice ol Differing Site Conditions or request for
adjustment in Conlract Sum or Contract Time based on Ditlering Site Conditions shall be deemed
waiver of any right by the Contractorfor an adjustment in the Contract Sum or Contract Time by reason
ol such conditions.
F. Final Comoletion. No claim by the Contractor for additional compensation tor Ditfering Site Conditions
shall be allowed if assened after Final Payment.
G. ln the event of disagreement between the Contraclor and the Director whether the conditions do
materially ditfer or whether a hazardous waste is involved or whetherthe conditions cause an increase
or decrease in the Contracto/s mst of, or time required for, per{ormance of any part ol the Work, the
Contractor shall not be excused from any completion date required by lhe Contract, but shall proceed
with all Work to be performed underthe Contract Documents.
H. The Convactor shall retain all rights provided by, and shall be sublect to all requirements of, this
Contract which perlain to the resolution of disputes and protests.
l. Contractor Resoonsibilitv. Except as othenvise povided in this Paragraph 10.03 for Differing Site
Conditions, Contractor agrees to solely bear the risk of additional cost and Delay due to concealed or
unknown conditions, surtace or subsurface, at the Site or in Existing lmprovements, w hout adjustment
to the Contract Sum or Contract Tlme.
10.04 TRAFFICREGULATION
A. During the performance of the Work the Contractor shall erect and maintain necessary tempoEry
fences, bridges, railings, lights, signals, bamers, or other saleguards as shall be appropriate under the
circumstance in his/her judgment for the prevention of acodents; and he/she shall take other
precautions as necessary lor public safety including, but not limited to, traflic control. Traflic control
shall be conducted in accordance with the latest edition ol the Work Area Tratfic Control ("WATCHJ
handbook, published by BNi Books, and as directed and approved by the City Traffic and
Transportation Administrator.
B. Contractor shall submit at leasl ten (10) Working Days prior to Work a detailed lraflic control plan, that
is approved by all agencies having iurisdiction and that mnlorms to all requirements of the
Specifications.
C. No changes or deviations from the approved detailed trafiic control plan shall be made, except
temporary changes in emergency situations, without prior approval of the City Traffic and
Transportation Administrator and all agencies having jurisdiction.
Contractor shall immediately notity the Director, the City Tratfic and Transportation Administrator and
the agencies having jurisdiction of occunences that necessitate modification of the approved traffic
control plan.
D. Contracto/s failure to comply with this provision may result in actions as provided in Article 5:
"Suspension or Termination of Contracf of these General Conditions.
ARTICLE IO
GC.70
10.O5 TRAFFICCONTROLDEVICES
A. Traffic signs, flashing lights, banicades and other traffic safety devices used to conlrol tralfic shall
conform to the requirements of the WATCH handbook or the manual of traflic control, whichever is
more stringent, and as approved by the City Tratfic and Transportation Administrator.
'1. Portable signals shail not be used unless permission is given in writing by the agency having
lurisdiction.
2. Waming signs used for nighttime conditions shall be reflectorized or illuminated. "Reflectorized
signs" shall have a reflectorized background and shall conform to the cunent State of Califomia
Department of Transportalion specilication lor reflective sheeting on highway signs.
B. lf the Contractor lails to provide and install any of the signs or tralfic control devices required herby or
ordered by the City staff, stafl may cause such signs or traffic control devices to be placed by olhers,
charge the costs therefore against the Contractor, and deduct the same from the next progress
payment.
10.06 EXECImON
A. The Contraclor shall provide written notification to the Po{ice Department, Traffic Bureau at 4305 Santa
Fe Avenue, Vemon, CA 90058, at least two (2) weeks prior to the bqinning ol construction at any
particular locatton. Notrficatron will include the specilic location, project dates, what lanes of thi
roadway will be closed and when. AIso the construction prqect manager's name and business phone
number and the construction inspecto/s name and business phone number.
B. lhe Contraclor shall notify, by telephone, the Police Depanment, (323) 583-8811 exlension 351 at the
completion of any posting of temporary no parking signs. Notification will include the times, dates and
locations of the postlng. When vehicles must be towed for violation of temporary no parklng signs, the
person who actually posted the signs, or on-view supervisor of that posting, will be preseni to answer
pertinent questions that may be asked by the parking en{orcement ofiicer or police olficer towing the
vehicles.
C. The Contractor shall notily the Vemon Fire Department, on a dailv basis during the entire period that
construction is in progress whenever roadways are reduced in width or blocked. Notification shall be
made to the Fire Dispatch (323) 58$8811 extension 351 and the Contractor shall provide the
information required to identity which roadways would have accessibility problems due to hidher
operations. The Contractor shall submit to Fire Department schedule of Work for their use and files.
D. Roads subject to interference from the Work covered by this Contract shall be kept open, and the
fences subject to interference shall be kept up by the Contractor until the Work is finished. Except
where public roads have been approved Ior closure, traftic shall be permitted to pass through
designated traftic lanes wilh as little inconvenience and delay as possible.
E. Where altemating one-way traffic has been authonzed, the maximum time that traffic will be delayed
shall be posted at each end of the one-way traffic section. The maximum delay time shall be approved
by the agency having jurisdiction.
F. Contractor shall install temporary traffic markings where required to direcl the flow ol tratfic and shall
maintain the traffic markings forthe duration of need. Contractor shall remove the markings byabrasive
blasting when no longer reqUired.
ARTICLE 1O
GC-71
G. Convenient access to driveways and buildings in the vicinity of Work shall be maintained as much as
possible. Temporary approaches to, and crossing of, intersecling traffic lanes shall be provided and
kept in good condition.
H. When leaving a Work area and entering a roadway carrying public traffic, the Contnacto/s equipment,
whether empty or loaded, shall in all cases yield to public traffic.
10.07 FLAGGING
A. Conkactor shall provide llaggers to control tralfic where required by the approved traffic control plan.
1. Flaggers shall perform their duties and shall be provided with the necessary equipment in
accordance with the current 'lnstructions to Flaggers" ol the Califomia Department ol
Transportation.
2. Flaggers shall be employed fulltime on traffic coniroland shall have no other duties.
10.08 PEDESIRIAN CANOPIESOR BARRICADE IMPROVEMENTS
Refer to City ol Vemon lor requirements lor building or access road safely improvements that the Contractor
shall custrucl during coostruction period. ]hese devices or improvements, as the City deems necessary or
prudent, shall be at the expense of the Contractor.
IEND OF AHTCLEI
ABTICLE 1O
GC72
ARTICLE 11 - INDEMNIW
11.01 INDEMNI'IY
To the maximum extenl permitted by law, the Contractor shall fully indemnity, hold harmless, protect, and defend
the City, its officers, employees, agents, representatives and their successors and assigns ('lndemnitees") from
and against any and all demands, liability, loss, surt, claim, action, cause ol actton, damage, cost, judgment,
settlement, decree, arbitration award, stop nolice, penalty, loss of revenue, and expense (induding any fees of
accountants, attomeys, experts or other professionals, and cosls of investigation, mediation, arbitration, litigation
and appeal), in law or in equty, of every kind and nature whatsoever, arising outof or in conneclion with, resulting
from or related to, or claimed to be ansing out of the Work performed by Contractor, or any of its officers, agentq
employees, Subcontractors, Sub-Subcontractors, design consuhants or any person for whose acts any oithem
may be liable, regardless of whether such daim, suil 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. lnfringement of any patent rights, licenses, copyrights or intellectual property which may be brought
against the Contractor or City ansing out of Contracto/s Work, for which he Contractor is reEonsible;
C. Stop notices and claims for labor perlormed or materials used or lumished to be used in the Work,
including all incidental or consEuential damages resufting to City Irom such stop notices and claims;
D. Failure of Contrac{or or its Subcontractors to comply wrth the provisions tor insurance;
E. Failure to comply with any Govemmental Approval or similar authorization or orde[
F. Misrepresentation, misstatement, or omission with respect to any statement made in or any document
tumished by the Contraclor in connection therewith;
G. Breach of any duty, obligation, or requirement under the Contract DooJments;
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 owne[ or
J. Failure to make payment ol all employee benelits.
'lhis indemnity provision is effective regardless of any pnor, concurent, or subsequent active or passive
negligence by lndemnitees, except that, to the limited extent mandated by Califomia Civil Code Section 2782,
the Contractor shall not be responsible for liabilities which arise lrom the sole negligence or wiltful misconduct of
lndemnitees or arise from the active negligence of City.
11.t2 ENFORCEMEI'IT
Contracto/s obligations under this Article extend to claims occurring after termination of the Contracto/s
perlormance 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 ansing from the sole active negligence or williul misconduct ol
the lndemnitee or independent contraclors who are directly responsible to Indemnitees. Contracto/s obligations
under this Article are in addition to any other nghts or remedies which the lndemnitees may have under ihe law
ARTICLE 11
GG73
or under the Contracl Documents. ln the event of any claim, suit or demand made against any lndemnrtees, the
City may in its sole discrelion reserve, retain or apply any monies due to the Contractor under the Contract lor
the purpose of resolving such claims; provided, however, that the City may release such funds il the Contractor
provides the City with reasonable assurance of protection of the City's interests. The City shall in its sole
discretion determine whelher such assurances are reasonable.
11.03 NO LIMIA|]oNS
Contracto/s indemnification and delense obligations set forth in this Arlicle are separate and independent from
the insurance provisions set forth in Article 12 herein; and do not limit, in any way, the applicability, scope, or
obligations set forth in those insurance provisions. ln claims, suits, or demands against any lndemnitee by an
employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for
whose acts they may be liable, the Contracto/s indemnification and defense obligations shall not be limited by
a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a
Subcontractor under workers' compensation acts, disability benelits acls, or other employee benefits ac1s.
[END OF ARTICLE]
AHTICLE 11
GC74
12.01 CONDMONTOCOMMENCEMENT
Contractor shall not commence Work under this Contract until Contractor has obtained all insurance required
hereunder from a company or companies acceptable to City, nor shall lhe Confactor allow any SubcontEctor
lo commence Work on a subcontract until all insurance required of said Subcontraclor has been obtained. proof
of in^surance including insurance certificates and endorsements as set forth in Exhibit 4 must be submitted by
the Contractor pnor to the City's exeaiion ol the Contract.
12.02 MINIMUMCOVERAGEANDLIMI'TS
Contractor shall maintain the insurance coverage as set {orth in Exhibit 4 throughout the term o{ the Contract.
12.03 CONOMONS REGARDING INSURANCE COVERAGEAND LIMTTS
City and Contraclor agree as follows:
A. All insurance coverage and limits provided pursuant to the Contract Documents shall apply to the full
extent of the polioes involved, available or applicable. Nothing contained in the Contract Documents
or any other agreement relating to City or its operations lim s the application of such insurance
coverage.
B. None of the policies required by this Contract shall be in compliance with these requirements il they
include any limitrng endorsement that has not been first submitted to City and approved in writing by
the City Attomey or Cit/s Risk Manager.
12.04 INSURANCE OBLIGATION IS SEPARATE FROM INDEMNIrY OBLrcANON
This Agreement's insurance provisions:
A. Are separate and independent from the indemnification and delense provisions in Article 12 of the
Agreement; and
B. Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense
provisions in Article 12 of the Agreement.
[END OF ARTICLE]
ARTICLE 12
GC.75
ARTICLE 12 - INSURANCE
ARTICLE 13 - BONDS
13.01 BEOUIREDBONDS
A. Contractor shall fumish the following bonds:
1. A Performance Bond in an amount equal to one hundred percent (100%) of the total Contract pnce
in the Iorm shown in Exhib "1" attached hereto.
2. A Payment Bond (Labor and Material) in an amount equalto one hundred percent (100%) of the
total Contract price in the form shown in Exhibit "2" attached hereto.
3. A Maintenance Bond in an amount equal to ten percent (10%) ot the total Contracl price in the
form shown in Exhibit "3' altached 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 behall of the company. lf the bonds are exedited outside the State of Califomia,
all copies of the bonds must be countersigned by a Calilomia representative of the surety. The signature of the
person executing the bond on behalf of Surety shall be acknowledged by a Notary Public as the signature of the
person designated in the power of attomey.
13.03 APPROVEDSURETY
All bonds must be issued by a Calrfornia admitted surety insurer with the minimum A.M Best Company
Financial strengh rating of 'A: Vll', or better. Bonds issued by a Calitomia admitted surety not listed on
Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from
admitted surety insurers nol 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 anorney from the surety company authorizing the person executing the bond to sign on behalf of
the company. lf the bonds are executed outside the State ol 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 ol the person designated in
the power ol attorney.
13.04 REoUTREDPRoV|STONS
Every bond must display the surety's bond number and incorporate the Contract lor construction of the Wok 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 perlormed thereunder shall in any way
affect ts obligations and shall waive notice ol any such change, extension of time, alteration, or modification of
the Contract Documents.
13,05 NEWORADDMONALSURETIES
lf, during the continuance ol the Contract, any of the sureties, in the opinion of the City, are or become non-
responsible or olherwise unacceptable to Cty, City may require other new or additional sureties, which the
Contractor shall fumish to the satisfaction of City within ten (10) days after nolice, and in defautt thereol the
ARTICLE 13
GC.76
Contract may be suspended and the materials may be purchased or the Wo* completed as provided in Article
5 herein.
13.06 WAIVER OF MODIFICATIONS ANO ALTERAIPNS
No moditications or alterations made in the Work to be performed underthe Contract or the time of performance
shall operate to release any surely from llability on any bond or bonds required to be given hereln. Notice of
such events shall be r /aived by the surety.
13.07 APPROVALOFBONlxi
Ihe Contract will not be executed by City nor the Notice to Proceed issued until the required bonds have been
received and approved by City. City's decision as to the acceptability of all sureties and bonds is linal. No
substitution of the lorm of the documents will be permitted without the prior written consent of City.
IEND OF ARICLEI
ARTICLE 13
GCn
ARTICLE 14. LABOR PROVISIONS
14.01 WORKING HOUBS
A. Work or activity of any kind shall be limited to the hours from 7:00 a.m. to 7:00 p.m. No construction
noise shall be permitted between the hours of 7:00 p.m. and 7:00 a.m. of the next day.
B. Work in excess of eight (8) hours per day, on Saturdays, Sundays, or on City holidays requires prior
consenl of the Director and is subject to cost ol ovedime construction lnspeclion.
C. Night, Sunday and Holiday Work. No Work shall be perlormed at night, Sunday, or the ten (10) legal
holidays to wit: New Year's Day, Martin Luther King, Jr. Day, Washington,s Birthday, Memorial Day,
lndependence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday following Thanksgiving
Day, and Chnstmas Day, except Work pertaining to the public safety or with the permission of the
Director, and accordance with such regulations as he/she shall lurnish in writing. Belore 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 CONSTRUCIION SERVICES AND INSPECNONS
A. overtime construction Work performed at the option of, or for the convenience of, the Conlractor will
be inspected by the City at the expense of the Contractor. For any such overtime beyond the regular
8-hour day and for any time worked on Saturday, Sunday, or holidays the charges will be determined
by the City, and submitted to the Contractor for payment.
B. Equipment, materials, or services provided by the City, in connection with Contractor-initiated overtime
construction Work described in Paragraph 14.02(A), will also be at the expense of tire Contractor. The
charges will be determined by the City, and submitted to the Contractor for payment.
C. There will be no charges to the Contraclor for the inspection ol overtime Work ordered by the Director
or required by the Contract Documents.
14.03 COMPLIANCE WMI STATE I.ABOR CODE
A. Contractor shall comply with the provisions of the Labor Code of the State of Califomia and any
amendments thereof.
1. The time ot service of any worker employed upon the Work shall be limited and restricted to eight
(8) hours during any one-calendar day, and 40 hours during any on+calendar week.
2. Wo* performed by employees ol the Contractor in excess of eight (8) hours per day, and 40 hours
during any one calendar week, shall be permitted upon compensation for all hours worked in
excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay.
3. The Contraclor and every Subcontractor shall keep an accurate record showing the name of and
the actual houls worked each calendar day and each calendarweek 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 olthe State of California.
4. ln the event City deems Contraclor is in violation of this Paragraph 14.03, the Contractor shall, as
ABTICLE 14
GC78
a penalty, forfeit Fitty Dollars ($50.00) for each worker employed in the execution of the Contract
by the Contlactor or by any Subcontractor for each calendar day tor which the employee was
underpaid in addition to an amount sufiicient to recover underpaid wages. For each subsequent
violation, a (one hundred dollar) $100 penalty shall apply for each underpaid employee lor each
pay period for which the employee was underpaid in addition to an amount sufficient to cover
underpaid wages. This subparagraph is etfective to the extent it does not directly conllict with the
ovenime penalty provision of Califomia Labor Code Section 558. ln the event of such conflict, the
Califomia Labor Code govems over this paragraph 14.03(A)(4).
14.04 WAGERATES
A. Prevailing Wages
1. Conttrctor shall comply with the general prevailing rates of per diem wages and the general
prevailing rates lor holiday and overtime Work in the locality in which the Work is to be performed,
for each craft, classification, or type of worker needed to execute the Contract. The Director of
the Department of lndustrial Helations 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 lhe locality in which the Work is to be
performed. The rates are available online at \,u
^v.dir.caoov/DLSH/PlVD/.
To the extent that there
are any differences in the federal and state prevailing wage rates for similar classifications of
labor, the Contrac{or and its Subcontractors shall pay the highest wage rate.
2. The Contraclor shall post a copy ol the general prevailing ate of per diem wages at the job site.
3. The Contractor and any Subcontractor under him/her shall pay not less than the specified
prevailing rate of wages to all workers employed in the execution 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, classificalion, or type of worker employed on
the poect.
5. The Contractor shall, as a penalty to the State or the City, lorfeit not more than Fifty Dollars
($50) for each calendar day, or portion thereof, lor each worker paid less than the prevailing
rates for the Work or craft in which the worker is employed under the Contract by the Contractor
or by any Subcontractor under him. The difference between the prevailing wage rates and the
amount paid to each worker for each calendar day or portion thereol for which such workerwas
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 payrnent of wages in excess of those specified herein shall be adjusted by the Contractor at
his/her own expense.
B. Payroll Recods
'1. Pursuant to California Labor Code Section 1n6, 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
ABT CLE 14
GC-79
connection with the Wo*. The payroll records shall be certified and shall be available for
inspection.
2. The Contractor shall inform the City of the location of the payroll records, including the street
address, city and county, and shall, within five (5) Working Days, provide a notice ol change in
location and address.
3- Upon request by the Director, the Contrac{or shall provide a copy ol the certified payroll records
along wrth a statement ol compliance.
14.05 APPRENTICESHIPSTANOARDS
A. Compliance with Califomia Labor Code Seclion 177.5 requires all public works contractors and
subcontractors to:
1. Prior to commencing wo* on a public works contract, submit Contract Award information
to the applicable joint apprentrceship committee, including an estimate o{ the joumeyman
hours to be perlormed under the Contract, the number of apprentices to be employed, and
the approximate datesthe apprentices willbe employed. Use Form DAS-140from the State
Department of lndustnal Helations. The City reserves the right to require Contractor and
Subcontraclors to submit a copy of said forms to the City.
2. Employ apprentices lor the public work at a ratio of no less than one (1) hour or apprentice
wo* lor every live (5) hours or labor performed by a joumeyman. To request dispatch of
apprentices, use Form DAS-142 from the State Department ol lndustnal Relations. The
City reserves the right to require Contractor and Subcontractors to submit a copy of said
foms to the City.
3. Pay the apprentice rate on public works projects only to those apprentices who are
registered, as delined in Labor Code Section 307.
4. Contribute to the training fund in the amount identified in the Prevailing Wage Rate
publication for journeyman and apprentices. Contractors who choose not to contribute to
the local training trust fund must make their contributions to the Calilornia Apprenticeship
Council, P.O. Box 420603, San Francisco, CA 94142.
B. Failing to comply with the provisions of Calilomia Labor Code Section '1777.5 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 ol
a civil penalty ol Fifty Thousand Dollars ($50,000) for each calendar day ol noncompliance.
Contractor should make a separate copy ol this material lor each of his/her Subcontractors.
C. Payroll Records. The Contractor and each Subcontractor shall keep an accurate payroll record,
showing the name, address, social security number, work classilication, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each joumeyman
apprentice, worker or other employee employed in connection with the work. The payroll records
shall be certified and shall be submitted to the Poiect Manager every two weeks.
D. Statement of Employer Fringe Benefit 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 ol lndustrial Relations) shall be mmpleted for each Contractor and Subcontractor
of any tier who pays benefils to a third party trust, plan or fund for health and wellare benefits,
ARTICLE 14
GGSO
vacation funds or makes pension contnbutions. The form must contain, lor each worker
classification, the fund, plan or trust name, address, administrator, the amount per hour contributed
and the frequency of contnbutions. Training Iund contributions shall also be reported in thls form.
City reserves the right to require Contractors and Subcontractors to submit a copy ol said forms to
the City.
14.06 EMPLOYMENTOFAPPRENTICES
A. ln the pedormance of this Contract, the Contractor and any Subcontractor shall comply with the
provisions conceming the employment ot apprentices in the Labor Code of the State ol California
and any amendments thereof.
B. In 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 lor
noncompliance in the Labor Code of the State of Califomia and any amendments thereof.
14,07 CHAMCTEROFWORKERS
The Contractor shall not allow his/her agents oremployees, Subcontractors, or any agent or employee thereof,
t0 trespass on premises or lands in the vicinity of the Work. Only skilled foremen and workers shall be
employed on Work requiring special qualifications, and when required by the Director, the Contractor shall
discharge any person who commits lrespass, or in the opinion of the Director, acts in a disorderly, dangerous,
insubordinate, incompetent, or otherwise objectionable manner. Any employee being intoxicated or bringing
or having inloxicating liquors or controlled substances on the Work shall be discharged. Such discharge shall
not be the basis of any claim for compensation of damages against the City or any of its officers, agents, and
employees.
14.08 NO SMOKING - STATE LABOR CODE SECIION 6404,5
The Contractor and its agents, employees, Subcontractors, representatives, and any person under
Contracto/s control, are prohibited Irom smoking in- or within a 2o-foot distance from- the Site, which is a
"place ot employment" under California Labor Code S &t04.5.
[END OF ARTICLE]
ARTICLE 14
GC81
ARTICLE 15. DISPUTE RESOLUTION
15.01 SUBMISSON OFCLAIMS
By Contractor
Contracto/s right to commence the Claims Dispute Flesolutlon Process shall anse upon the Directo/s
written response denying all or part of a Claim. Contractor shall submit a written Statement of Dispute
to the Director w hin seven (7) Days after the Director relects all or a portion of Contractods Claim.
Contracto/s Statement ot Dispute shall be signed under penalty ol pe4ury and shall state with
specilicity the events or circumstances giving rise to the Claim, the dates ol their occunence and the
etfect, ifany, on the compensation due or performance obligations of Contractor underthe Construction
Contract. Such Statement of Dispute shall include adequate suppoding data to substantiate the
disputed Claim. Adequate supporting data for a Claim relating to the adjustment of the Contracto/s
obligations relative to time of perlormance shall include a detailed, event-by-event description of the
impact of each delay on Contacto/s time lor performance. Adequate supporting data to a Statement
of Dispute submrtted by Contractor involving Contracto/s compensation shall include a detailed cost
breakdown and supporting cost data in such form and including such detailed information and other
supporting data as required to demonstrate the grounds for, and precise amount of, the Claim.
By City
Citys right to commence the Claims Dispute Resolution Process shall anse at any time following the
Citys actual disclvery of the circumstances giving rise to the Claim. Nothing contained herein shall
preclude City lrom asserting Claims in response to a Claim asserted by Contractor. A Statement ot
Dispute submitted by City shall state the events or circumstan@s giving nse to the Claim, the dates of
their occurrence and the damages or other relief claimed by Crty as a result of such events.
Claims Detined
The term "claims" as used herein shall be as delined in Calilomia Public Contract Code $ 20104(bX2).
15,02 CLAIMS DISPUTE RESOLUNON PROCESS
The parties shall utilize each of the following steps in the Claims Dispute Resolution Process in the sequence
they appear below. Each party shall participate lully and in good faith in each step in the Claims Dispute
Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed
to the next step in the Claims DiEute Resolution Process.
Direct l{egotiations
Designated representatives of City and Contractor shall meet as soon as possible (but not later than
ten (10) Days after receipt of the Statement of Dispute) in a good faith effort to negotiate a resolution
to the Claim. Each party shall be represented in such negotiations by an authorized representative
with 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 otficial]approval of any agreed settlement or resolution. ln the Claim involves the
assertion of a dght or claim by a Subcontractor against Contractor that is in tum being asserted by
Contractor against City, then such Subcontraclor shall also have a representative attend such
negotiations, with the same authority and knowledge as just descnbed. Upon mmpletion ol the
meeting, if the Claim is not resolved, the parties may either continue the negotiations or either party
ABTICLE 15
GC82
B.
c.
may declare negotiations ended. All discussions that occur during such negotiations and all documents
prepared solely for the purpose of such negotiations shall be conlidential and privileged pursuant to
Califomia Evidence Code &ctions 1 g and 1152.
B. Deterral ol Chims
Following the completion of the negotiations required by Paragraph 15.02-A., all unresolved Claims,
except those that do not involve parties other than the Contractor and City, shall be defened pending
Final Completion of the Work, subject to Citys right, in its sole and absolute discretion, to require that
the claims Dispute Hesolution Process proceed pnor to Final Completion. ln the event that City does
not elect to proceed with the Claims Dispute Resolution Process priorto Final Completion of the Work,
all Claims titat have been defened until such Final Completion shall be consolidated within a
reasonabletime aftersuch FinalCompletion and thereafter pursued to resolution pursuantto the Claims
Dispute Resolution Process. Nothing contained in this Article 15 shall be interpreted as limiting the
parties' rights to continue informal negotiations ol Claims that have been defened until such Final
Completion; provided, however, that such informal negotiations shall not be interpreted as attering the
provisions of this Article 15 delening final determination and resoluton ol unresolved Claims until after
Final Completion ol the Work.
C. legal Proceedings
lf the Claim is not resotued by direc't nqotiations then the party wishing to turther pursue resolution or
determination of the Claim shall submit the Claim for determination by commencing legal proceedings
in a court of competent jurisdiction.
15.03 NOWAMR
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 assedion that the rights of
Contractor that are the basis ol a Claim were previously waived by Contractor due to failure to comply with the
Contract Documents, including, without limitation, Contracto/s failure to comply with any time periods for
provrding notices or lor submission or supporting documentation of Claims.
IEND 0F ARTTCLEI
ARTICLE 15
GG83
16.01 MAINTENANCEOFRECORDS
Contractor shall keep, and shall include in its contracts with its Subcontractors, provisions requiring its
Subcontractors to keep full and detailed books and records in accordance with the requirements ol 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 beanng on or pe(ain to any matters,
rights, duties or obligations relating to the Project orthe performance of the Work, including, without limitation,
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; lob cost reports; job cost files (including complete documentation covering negotiated
settlements); backcharge; general ledgers; documentation of cash and trade discounts earned; insurance
rebates and dividends, and other documents relating in way to Claims or Change Orders, Construction
Change Directives, Work Directives, or other claims for payment related to the Project asserted by Contractor
or any Subcontraclor ('Accounting Records'). Contractor shall exercise such controls as may be necessary
for proper financial management of the Work. Such accounting and control systems shall comply with
prevailing custom and practice for similar pojects, be satisfactory to City and shall include preservation of
such records tor a period of five (5) years after approval of the Notice ot Completion and Acceptance by City,
or for such longer period as may be required by applicable laws.
16.M ACCESSTORECORDS
Contractor shall allow, and shall include in its contracts with its Subcontractors provisions requiring its
Subcontractors to allow, City and its authorized representative(s), auditors, attomeys and accountants, upon
twenty{our (24) hours notice to Contractor, full access to inspect and copy all books and records relating to
the Project that Contractor is required to maintain pursuant to Paragraph 16.01, above.
16.03 COMTBACTORNONCOMPLIANCE,WMIHOLilNG
Contracto/s compliance with Paragraphs 16.01 and 16.02, above, shall be a condition precedent to
maintenance of any legalaction or arbitration by Contractor against City. ln addition to and without limitation
upon City's other rights and remedies for breach, including any other provisions for withholding set forth in the
Conkact Documents, City shall have the right, exercised in its sole discretion, to withhold from any payment
to Contractor due under a cunent Application for Payment an additional sum of up to ten percent (10%) of the
total amount set forth in such Application for Payment, until Contractor and its Subcontractors have complied
with any outstanding and unsatisfied request by City under this Article 16. Upon such compliance with this
Article 16, any additional monies withheld pursuant to this Paragraph 16.03 shall be released to Contractor.
16.04 SPECIFICENFORCEMENTBYCITY
Contractor agrees that any failure by Contractor or any Subcontractor to provide access to its books and
records as required by this Adicle 16 shall be specifically enforceable, by issuance ol a preliminary and/or
permanent mandatory injunction by a court of competent jurisdiction based on af{idavits submitted to such
court and without the necessity of oral testimony, to compel Contractor to permit access, inspection, audits
and/or reproduction of such books and records or to require delivery of such books and records to City for
inspection, audit and/or reproduction.
ARTICLE 16
GC-84
[END OF ARTICLE]
ARTICLE 16. ACCOUNTING RECOBDS
17.01 COMPLIANCE W]rH APPLICABLE LAWS
Notices, Compliance
Contractor shall give all notices required by govemmental authorities and comply with all
applicable laws and lawful orders of govemmental authonties, including but not limited to the
provisions of the Califomia Code ot Regulations 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 its own expense, at no cost to the City and without adiustment to the
Contract Sum, all local, state and tederal taxes, including, without limitation all sales,
consumer, business license, use and similartaxes on materials, labor or other items fumished
forthe Wo* or portionsthereol provided by Contractor or Subcontractors, alltaxes ansing out
of its operations under the Contract Documents and all benefrts, insurance, taxes and
contnbutions for social security and unemployment insurance which are measured by wages,
salaries or other remuneratlon paid to Contracto/s employees. lf underfederal excise tax law
anytransaclion hereunder constitutes a sale on which a lederalexcise tax is imposed and the
sale is exempt from such excise tax because it is a sale to meat {or its exclusive use, then
City, upon request, will execute documents necessary to show that is a political subdivision of
the State lor the purposes of such exemption and that the sale is for the exclusive use ol the
City, in which case no excise tax for such materials shall be included in the Bid or Contract
Sum.
Notice ol Violations
Contractor shall immediately notily the Crty and Direc{or in wnting of any instruction received
from the City, Director, Archftect or other person or entity that, if implemented, would cause a
violation of any applicable law or lawlul order of a governmental authority. lf Contractor fails
to provide such notice, then Director and Architect shall be entitled to assume that such
instruction is in compliance with applicable laws and lawful orders of govemmental authorities.
lf Contractor observes that any portion of the Drawings and Specrfications or Work are at
variance with applicable laws or lawful orders of govemmental authorities, or should
Contractor become aware of conditions not covered by the Contracl Documents which will
result in Work being at variance therewith, Contractor shall promptly notify Director in writing.
lf, without such notice to Director, Contractor or any Subcontractor performs any Work which
it knew, or through lhe exercise of reasonable care should have known, was contrary to lawlul
orders of govemmental authorities or applicable laws, then Contractor shall bear all resulting
losses at its own expense, at no cost to City and wthout adjustment to the Conkacl Sum.
17,T2 OWNERSHIP OF DESIGN OOCUMENTS
Property ot City
All Design Documents, Contracl Documents and Submittals (including, without limitation, all
copies thereof) and all designs and building designs depicted therein are and shall remain the
sole and exclusive property of the City and the City shall solely and exclusively hold all
copyrights thereto. Without derogation the City's rights under this paragraph, the Contractor
and Subcontractors are granted a limited, non-exclusive license, revocable at will of City, lo
c.
ART CLE 17
GC-85
use and reproduce applicable portions of the Contract Documents and Submittals as
appropriate to and lor use in the execution of the Work and lor no other purpose.
B. Documer s on Site
Contractor shall keep on the Project site, at alltimes and for use by City, Director, lnspectors
of Record and City's Consultants, a complete set of the Contract Documents that have been
approved by applicable Govemmental Authonties.
C. Delivery to City
AII Design Documents, Contract Documents and Submittals in the possession of Contractor
or Subcontractors shall be retumed to the City upon the earlier of Final Completion or
termination ol the Construction Contract; provided, however, that Contractor and each
Subcontractor shall have the right to retain one (t) copy of the Contract Documents and
Submittals for its permanent records
D. Subcontractors
Contractor shall take all necessary steps to assure that a provision is included in all
subcontracts with Subcontraclors, of everytier, who pertorm Work on the Prqect establishing,
protecting and preserving the, City's rights set forth in this paragraph.
17.03 AMENDMENTS
The Contract Documents may be amended only by a written instrument duly executed by the parties
or their respective successors or assigns.
17.04 WATVER
Either party's waiver ol any breach or failure to enlorce any of the lerms, covenants, conditions or
other provisions of the Contracl Documents at any time shall not in any way limit or waive that partys
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 lhe 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 INDEPENDENTCONTRACTOR
Contractor is an independent contraclor, and nothing contained in the Contract Documents shall be
construed as constituting any relationship with City otherthan that ol Prolect owner and independent
contractol. ln no evenl shall the relationship between City and Contractor be construed as creating
any relationship whatsoever between City and Contracto/s employees. Neither Contractor nor any
ot its employees is or shall be deemed to be an employee of City. Except as othen ise specified in
the Contract Documents, Contractor has sole authority and responsibility to employ, discharge and
otheMise control its employees and has complete and sole responsibility as a pnncipalfor its agents,
for all Subcontractors and for all other Persons that Contractor or any Subcontractor hires to perform
or assist in performing the Work.
17.06 SUCCESSOBSANDASSTGNS
The Contract Documents shall be binding upon and inure to the benelit of City and Contractor and
their permitted successors, assigns and legal representatlves.
AHTICLE 17
GC.86
A. City may assign all or part of its right, title and interest in and to any Contract Documents,
including rights with respect to the payment and perlormance Bonds, to (a) any other
governmental 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 eflect; and (b) any other person tvith the prior written approval of
Contractor.
B. contractor may collaterally assrgn its rights to receive payment under the contract
Documents. Contractor may not delegate any of its duties hereunder, except to
Subcontractors as expressly othenrvise permitted in the Contract Documents. Contracto/s
assignment or delegation of any of its Work under the Contract Documents shall be
ineffeclive 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-ofts and withholdings in lavor of
City and to alldeductions provided forin the Contract. Allmoney withheld, whetherassigned
or not, shall be subject to being used by City for completion of the Work, should Contractor
be in default.
C. Except forthe limited circumstances set lorth in paragraph 17.06-8, above, Contractor may
not, without the prior written consent of City in its sole discretion, voluntarily or involuntarily
assign, convey, transfer, pledge, mortgage or otherwise encumber its rights or interests
under the Contract Documents. No partner, joint venturer, member or shareholder of
Contractor may assign, convey, transler, pledge, mortgage or otherwise encumber its
ownership interest in Contractor without the prior written consent ol City, in City's sole
discretion.
17,07 SURVIVAL
Contractods representations and warranties, the dispute resolution provisions contained in Article
15, and all other provisions which by their inherent character should survive termination of the
Contract and/or Final Acceptance, shall survive the termination ol the Contract and the Final
Acceptance Date.
17.08 LIMITATION ON II{IRD PARTY BENEFICIARIES
It is not intended by any of the provisions of the Contract Documents to create any third party
beneficiary hereunder or to authorize anyone not a party hereto to maintain a suit Ior personal injury
or property damage pursuant to the terms or provisions hereof, except to the extent that specific
provisions (such as the wananty and indemnity provisions) identity 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 Contracl
Documents shall not be construed to create a conlractual relationship ol any kind between City and
a Subcontractor or any other Person except Contractor.
17.09 PERSONAL LIABILITYOF C]TY EMPLOYEES
city's authorized representatives are acting solely as agents and representatives of city when
carrying out the provisions ol or exercising the power or authority granted to them underthe Contract.
They shall not be liable either personally or as employees of City for actions in their ordinary course
of employment.
No agent, consultant, council member, officer or authorized employee of city, shall be personally
responsible for any liability arising under the Contract.
ABTICLE 17
GC,87
17.10 NO ESTOPPEL
City shall nol, nor shall any oflicer thereof, be precluded or estopped by any measuremenl, estimate
or certificate made or given by the City representative or other otficer, 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
certificate showing the true and correct amount and character of the work done, and materials
furnished by Contractor or any person under the Contract or from showing at any time that any such
measurement, estimate or certificate is untrue and incorrect, or improperly made in any particular, or
lhat the work and materials, or any part thereof, do not in fact conlorm to the Contract Documents.
Notwithstanding any such measurement, estimate or certilicate, 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 ol Contractor's failure to comply or to have complied
with lhe Contracl Documents.
17.11 GOVERNING LAW
The laws of the State ol California govem the construction and interpretation of the Contract
Documents, without regard to conflict of law principles. Unless the Contract Documents provide
otherwise, any reference to laws, ordinances, rules, or regulations include their later amendment,
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
ol Los Angeles, Califomia, or where otheMise appropriate, in the United States Distnct Court, Central
Distnct of Califomia. Contractor and City acknowledge that the Contracl Documents were
negotiated, entered into, and executed-and the Work was performed--rn the City of Vernon,
Calilornia.
17,12 FURTI{ERASSUBANCES
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 Cantractor
hereunder, including assurances regarding assignments ol Subcontractors contained herein.
17.13 SEVERABILITY
ll any clause, provision, section, paragraph or part of the Contract is ruled invalid by a court having
proper jurisdiction, then the parties shall: (a) promptly meet and negotiate a substitute for such
clause, provision, section, paragraph or part, which shall, to the greatest extent legally permissible,
effect the original intent of the parties, including an equitable adjustment to the Contract Price to
account for any change in the Work resulttng from such invalidated po(ion; and (b) if necessary or
desirable, apply to the court or other decision maker (as applicable) which declared such invalidity
lor an interpretation ol the invalidated portion to guide the negotiations. The invalidity or
unenforceability of any such clause, provision, section, paragraph or part shall not affect the validity
or enforceability of the balance of the Contract, which shall be construed and enforced as if the
Contract did not contain such invalid or unenforceable clause, provision, sectlon, paragraph or part.
I7.14 HEADINGS
The captions of the sections of the Contract are for convenience only and shall not be deemed part
of the Contract or considered in construing the Contract.
ABT CLE 17
GC-88
17.15 ENTIREAGBEEMENT
The Contract Documents contain the entire understanding of the parties with respect to the sublect
matter hereof and supersede all prior agreements, understandings, statements, representations and
negotiations between the parties with respect to its subject matter.
17,16 COUNTERPARTS
This instrument may be executed in two or more counterpads, each ol which shall be deemed an
original, but all of which together shall constitute one and the same instrument.
IEND OF AHTICLE]
ABTICLE 17
GG89
1.
EXHIBIT 1
Bond No.:
Premium Amount: $
Bond's Etfective Date:
PERFORMANCE BOND
RECITALS:
The City of Vemon, Califomia ('City"), has a, /arded to
(Narne. address, and telephone of Conlractor)
('Principal'),
a Contract (the "Conlrac0 for the Work described as follows:
No.
0636
in Vemon, CA.
2. Principal is rEuired under the lerms oI lhe Contracl- and all contract documents relerenced in il ('Contract
Documents")- to fumish a bond guaranleeing principal,s faithful perlormance ofthe Wort
3. The Contnact and Contract Documents, including alltheir amendmenls and supplemenls, are incorporated into this
Bond and made a pad of it by this reference.
OBLIGATION:
THEBEFORE, for value received, We, Principal and
(Name, address, and lelephone ol Surety)
('Surety"),
a duly admitled surety insurer under Califomia's latrrs, agree as follows:
By this Bond, We iointly and severally obligate and bind ourselves, and our respeclive heirs, executors, adminislralors,
successors, and assigns to pay City the penal sum of
Dollars ($ ) ('the Bonded Sum'), this
amount clmprising nol less than the total c,onlract sum, in laMul money ot the United states oi America.
The Califomia Licensed Residenl Agenl for Surely is:
THE CONDITION OF THIS , if Princjpat promptty and failhfuty perlorms lhe undenakings,
terms, covenants, coadilions, and contract Documents (includirig all heir amendments a-nd
supplements), all wilhin the ti documenls specify, tren tris obligajion Oecomes nutt anJvold.Otre ise, this Bond remains ing terms and c6nditions apply t-o his Bond:
1.
2. For those obligalions of Plincipal that survive Final Completion ol the Work described in the Conlract and Contract
Documents, the guarantees in lhis Bond also survive FinalCompletion ol the Work.
3 when City declares lhat Principal is in default under the Contract, or Conlract Documents, or both, Surety shall
|ct according to lt]e Conlracl Documents, tems and conditions
by City, select a contraclor or contractors- acceptable
between the contractor(s) and City. Surety shall make
st ot completion less the balance ol the Contract Sum,
(Name, address, and telephone)
Registered Agent's Califomia Department of lnsurance License No.
EXHIBIT 1 . PEBFORMANCE BOND-t of 3
and lo pay and perform allobligations ol Principal under the Contract and Conlracl oocuments- induding olher cosb
and damages loI which Surety is liable under tiris Bond- excepl that Surety's tolal obligation, as described here, will not
exceed lhe Bonded Sum.
4. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract
Documents, or tre nature otthe Work performed under he Contract or Contracl Documents- including, without limitation,
an extension ot time for perlormance- does not, in any way, aflect Surety's obligalions under this Bond. Surety waives
any notice ol alteralion, modillcation, change, addition, delelion, omission, agreemenl, supplement, or extension of time.
5. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's
guaranleeing Principal's faith,ul pertormance of lhe Work.
6. No righl ot action accrues on this Bond to any entity other than City or its successors and assigns.
7. lt an aclion at law or in equity is necessary to enforce or inlerpret this Bond's terms, Surety must pay- in addition lo the
Bonded Sum- City's reasonable attomeys' tees and litigation costs, in an amounl the court fxes.
8. Surety shallmailCity written notice at leasl30 days before:(a)the et ective date on which the Surety will cancel, terminate,
or wifidraw from this Bond; or (b) his Bond becomes void or unenlorceable lor any reason.
On the date set lorlh below, Principal and Surety duly executed this Bond, with the name of eaci pady appearing below
and signed by its representative(s) underthe aulhonty of its goveming body.
Date:
PBINCIPAL:SURETY:
(Company Name)(Company Name)
(Signature)(Signature)
(Name)
By:
lls:
By:
Its:
(Name)
(TiUe)
Addre€s tor SeMng llotic€s or frler DocltmerlB:
(Iitle)
Addless for Serving Notices or ourer Documents:
COsPORATE SEAL CORPOBATE SEAL
. f,# BCND,,J,'ST BE EcWEDINTHPLICAIE,. AjD$CE rra,Sl BE AT|ACHED OF fllE AIIIHOAITY tr AMt PERSCN StGt{/I./G AS ATt@ttEtlttrAfiI/.. TIE AfiORNE{.OT+ACTS S&NAruREMET BEIOTAMD.. A@RK)RATESEAL I/sT BE,TIPBESSED ott rr{s FOHi WttENrrlE PR[gPAt OBIHE StriEfl, OB WTrtr
ABE A @RrcEANO ,
APPROVED AS TO SUHETY AND
AMOUNT OF BONDED SUM:
APPBOVED AS TO FORM:
By
Director of Public Works, Water and Oeveloprnent
City Attorney
EXHIBIT 1 - PERFoRMANCE 8OND.2 ol3
Services
By
STATE OF CALIFORNIA )
) ss.couNwoF )
On this _ day ol
before me,
BOND ACKNOWLEDGIIENT
FOR
SUBETY'S ATTORNEY.IN.FACT
20-.,
(name), a Notary Public for said County, personally
appeared
satisfactory evidence to be the person whose name is subscnbed to this instrument as the attomey in fact of
and acknowledged to me that he/she subscribed the
name of thereto as principal, and hiyhe own name as
attomey in fact.
I certify under PENALTY OF PERJUBY under the laws of the State of California that the toregoing paragraph
is true and correct.
Notary Public
SEAL
EXHIBIT 1 - PERFORMANCE BOND-3 of 3
EXHIBIT 2
PAYMENT BOND
(LABOB AND MATERTALS)
BECITALS:
The City of Vemon, Califomia ('City"), has awarded to
Bond No.:
Premium Amount: $
Bond's Effective Dale:
'1.
(Name, address, and telephone of Design-Builde4
('Principal'),
a Conkacl (the "Conlract") for the Work described as follows:
Specilication
No.0636
in Vernon, CA.
2 Principalis rquired under Califomia eryl@lg Sections 3247-3248 and lhe terms ol the Contracl- and allclntract
documents relerenced in it ('contract Documents')- to fumish a bond guaranteeing principal,s paying claims,
demands, liens, or suits for any work, labor, services, malerials, or equipment fumished or used in the Wo*.
3. The Conlrac{ and Contract Documents, including all their amendments and supplements, are incorporated into this
Bond and made a pan of it by this reference.
OBLIGA]ION:
THEBEFOBE, for value received, We, Principaland
('Surety'),
a duly admitted surety insurer under Calilomia's laws, agree as follows:
By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, adminislrators,
The Calitomia Licensed Resident Agent for Surety is:
(Name, address, and telephone)
Registered Agenl's Califomia Department of lnsurance License No.
THE coNDlrloN oF THls BoND's oBLtcArtoN ls THAT, if principator a subcontraclor fails to pay (a) any person
named in Califomia Civil Code Seclion 3181, or any successor legislation; (b) any amount Oue uncjei Catitbmia's
[Jnemolovmenl lnsurance egdg, or any successor legislation, forworkor labor performed underlhe Contract or Contract
Documents; or (c) any amounl under UnemDlovmenl lnsurance eqog Section 13020, or any successor legislation, that
Pdncipal or a subconlraclor musl deduct, wilhhold, and pay over to lhe Employmenl Developmenl Departrienl from the
wages ol its employees, for work or labor performed under the Contract or Contract Documents, then Surety shall pay
for the sane in an amount not-tGexceed the Bonded Sum. Otherwise, this obligation becomes nulland void.'While ihi;
Bond remains in full torce and effect, the foflo,,ying terms and condilions apply to this Bond:
This.Bond inuIes to he benefil of any of the persons named in Califomia Civil Code Section 3181 , or any s|.rcessor
!E:hti^m, gvlng q'9se eersons or tEir assigns a dghl o, aclim in any $it broughl upon t'is Bond, unless Catiiomia Civil
@09 Section 3267. or any successor legislation. applies
2. An alleralion, modification, change, addition, detelion, omission, agreemenl, or supplemen o lhe contract, contract
Documents, or lhe nature of the Work performed under the Coniract or Contract Documenls- including, without
EXHIBIT 2 - PAYMENT BOND-I ol3
(Name, address, and telephone of
lIlt-llont an exlensigft ot tim.e for.perlormance- does not, in any way, aflect Suretys obtigations under this Bond.
surety waues any notice ot alteration. modification, change. addition. deletion, omission. agieement, supplement, or
extension of time.
3. Surety's obligations under lhis Bond are sepaBte, independent lrom, and not contingent upon any other surety,s
paying claims, demands, riens, or suirs lor any woft, rabor, services, materiars, or E-uipment furiitreo o, usjin
the Woft.
4 lf an action. at. lalv or in-equity is necessary lo enforce or interpret this Bond's terms, Surety must pay- in addition
to lhe Bonded surn- city's reasonable attomeys' fees and litigation costs, in an amount lie couri tiies.
5. Surety shall mail Crty written notice al leasl 30 days before: (a) the effec{ive date on which the Surety will cancel,
terminate, or withdraw lrom this Bond; or (b)ihis Bond becomes void or unenforceable lor any reason.
onlhe date.sel fodh below, Principaland surety duly executed lhis Bond, with the name ol eadl pady appearing below
and signed by its representalive(s) underthe authority ol its goveming body.
Date:
PRINCIPAL:SURETY:
(Company tlame)(Company Name)
(Signature)(Signalure)
By:By:
(Name)(Name)
Its:(Tiue) oi e)
Address lor SeMng tlotices or Other Documents: Address br Sefling Noties or Other lbcuments:
Its:
CORPORAIE SEAL CORPORAIE SEAL
. Trt$BO D nUSf BE EXECaIIED INTHH.f.ATE
. llE ATlORtiFl{*FACTSffiM.ru/BEfi/5f BE\0TAWED.. A@RNBAIESEAL flISTBEflIPFESSED ONrrfi FOfrt WHENTHE pqrclP.A!, ORt E StfrEil, OR N.ftt,
ANEA@RrcRANON.
APPROVED AS TO SUBETY AND
AMOUNT OF BONDED SUM:
APPROVED AS TO FOHM:
Dircctor ot Public WorksgaGr andEelopmcnt
Services City Attorney
EXHIBIT 2 - PAYMENT BOND-2 of 3
By By
BOI{D ACKNOWLEDGMENT
FOR
SURETY'S ATTORNEY-IN.FACT
STATE OF CALIFOBNIA
COUNTY OF
On this _ day of 20-.,
before me,
appeared
, and acknowledged to me that he/she subscribed the name of
as principal, and hisihe own name as attomey in fact.
Notary Public
(name), who proved to me on the basis of
thereto
)
) ss.
)
(name), a Notary Public lor said County, personally
satisfactory evidence to be the person whose name is subscribed to this instrument as the attomey in lact of
I cedily under PENALTY OF PERJURY under the laws ot the State ot Califomia that the loregoing paragraph
is tlue and correct.
SEAL
EXHIBIT 2 - PAYIIIENT B0ND-3 ot 3
1.
EXHIBIT 3
Bond No :
Premium Amount: $
Bond's Efleclive Date:
MAINTENANCE BOND
BECITALS:
The City of Vemon, Califomia ('CM), has awarded to
(Name, address, and telephone of Conlraclo0
("principat'),
a Contract (lhe "Contract") for lhe Work described as follo,r{s:
Specilication No.
0636
a duty admitted surety insurer under Califomia's laws, agree as lollows:
By this Bond, we jointly and severally obligate and bind ourselves, and our respeclive heirs, executors, administrators,
successors, and assigns to pay City the penal sum of
'lif.Llr;n*f*""*r"lTfi Bondedsum')'this
The Califomia Licensed Residenl Agent for Surety is:
(Name, address, and telephone)
Registered Agenl's Califomia Department of lnsurance License No.
in Vernon, CA.
2. Principal is required under the tems of lhe Contract- and all conkact documents relerenced in il ('Conlract
Documents F ater completion of the Work and belore lhe filing and recordalion of a Notice ol Completion for the
Wort, to fumish a bond to secure claims for Mainlenance Eual to len percent (10o/d of lhe total amount of the
Contlact Which shall hold good lor a period of one (1) year from the date lhe City's Notice ol Complelion and
Acceptance of the Woft is filed with the County Recorder, to protect the City against the result oI faulty malerial or
wo*manship during lhat time.
3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated inlo lhis
Bond and made a part of it by lhis reference.
OBLIGATION:
THEBEFOBE, for value received, We, Principaland
(Name, address, and telephone ol Surety)
(.Surety'),
THE CONDITION OF THIS BOND'S OBLIGATION lS THAT ilthe said Principal or any of his or her or its subcontractors,
or the heirs, executors, administrators, successors, or assigns or assigns of any, all, or either of them, shall fail to execute
within a reasonabie amount of time, or fail to respond within seven (7) days with a writlen sdedule acceptabte to the City
for same, repair or replacement of any and all work, together wih any otrer adjacent work whidr may be disphced by s6
doing, lhat proves to be defective in its woftmanship or material tor the period of one ('1) year (exiept when othenvise
required in the Conllact to- b€ lor a longer period) trom the date the City's Notice of Completion and Acceptance, or
equivalent, is fled with lheCounty Remrder, ordinary wear and tear and unusual abuse or neglecl excepted r /ilh'respect to
such Work and labor, the Surety herein shall pay for the same, in an amount not exceeding lhi sum specifed in this Bond.
1. is in default
a procuremen
the Work, and
ay the cost of
obligalions ol Principal under the Conllactand Contract Documents- including othercosts and damageslorwhich Surety
is liable under this Bond except that Surety's total obligation, as described here, will not exceed the B-onded Sum.
EXHIBTT 3 - MATNTENACE BOND.1 of 3
2. Should he condilion of lhis bond be tully perfomed, hen this obligatjon shall become null and void, ofieMise it sha be
and remain in fulllorce and eflecl.
3. Surety,lor value received, hereby stipulales and agrees that no cha to the
terms ofsaid Contract orto the Woft to be pedormed thereunder or h in any
manner atfect its obligalions on this bond, and it does hereby waive ion, oi
addition.
4. Surety's obligations under this Bond are separate, independent trom, and not contingenl upon any other surety,s
guaranleerng Principal's taithlul pertomance ol the Work.
5. No right o, action accrues on lhis Bond to any entity other than City or ils successors and assigns.
6. lf an,aclion at lavor in equity is necessary to enforce or interpret lhis Bond's terms, Surely must pay, in addition to the
Bonded Sum, City's reasonable attorneys'fees and litigation cosls, in an amouni the court fixes. -
T Sulety shall mail City written notice al least 30 days before: (a) lhe etlective date on which the Surety will cancel, terminate,
or wilhdraw trom this Bond; or (b) his Bond becomes voi( or unenlorceable for any reason.
8. Dealh of lhe Principal shall not relieve Surety of ils obligations hereunder.
On lhe date.set lorth below, PrinciPal and Surety duly exec'tjted this Bond, v,/ith the name of eacfl party appearing below
and signed by its representative(s) underthe authoflty of ils goveming body.
Date:PRINCIPAL: SUREW:
(Company Name)(Company tlame)
(Signature)(Signature)
By:By:
Its:Its:
(Name)(tlame)
m&) Oiue)
Addr€ss lor Serying ihi:es or Otpr Doctments: Addrcss for Serving tuir-s or Other Do.xrm€flb:
COFPOMIE SEAL CORPORATE SEAL
. ,}fsEOIIDTfl'S78E A(rcUM NTflP,.EAIE. An IENCEWr'sr E ATIACI€D oFllE AlllHONfl trLYypEBSOT{SEinE ASAfTOfiE(+l+ACt.. IrEAfiC/6f€f.N+ACrSSG,,IAttfrEt{rSIEtgfAMD.. A @PPOBATE SEAL t{lsr 8E I,PFESSED OrV fr'6 FONI W,Et rrE mW . On iE SuFEfi, OA 8f/T,t, Atr AwoaAta
APPROVEDAS TO SURETY & AIilOUNT0F BONDED SUM: AppROVEDAS TO FORM:
Cig Attorney
EXHIBIT 3 - MAINTENACE BOND-2 of 3
Bv- By
Director ot Public Works, Water and Development
Services
STATE0FCAL|FoRN|A )
)ss.couNwoF )
0n this _ day ol
before me,
BOND ACKNOWLEDGMENT
FOR
SURETY'S ATTORNEY-IN-FACT
20-.,
(name), a Notary Public for said County, personally
appeared
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 cerlity under PENALTY 0F PERJURY under the laws ot the Slate of Calilornia that the toregoing paragraph
is true and correct.
Notary Public
SEAL
EXHIBIT 3 - MAINTENACE BOND-3 ol3
EXHIBIT 4
INSURANCE REQUIREMENTS
1.0 REOUIRED INSURANCE POLICIES
At its own expense, Contractor shall obtain, pay for, and maintain - and shall require each ol its
Subcontrac{ors to obtain and maintain - for the duration of the Agreement, policies of insurance meeting the following
requiremenls:
A. Workers' Compensation/Employer's Liability lnsurance shall provrde workers' compensation
statutory benefits as required by law.
1. Employe/s Liability insurance shall be rn an amount not less than:
(a) ONE MILLION DOLLAHS ($1.000.000) per accident for bodily injury or disease;
(b) ONE MILLION DOLLARS ($1,000,000) per employee for bodity injury or disease;
and
(c) ONE MILLION DOLLAHS ($1.000.000) policy limit.
B. Commercial General Liability ("CGL'J (primary). City and its employees and agents shall be
added as additional insureds, not limiting coverage for the additional insured to 'ongoing operations" or in any way
excluding coverage lor completed operalions. Coverage shall apply on a primary, non-mntributing basis in relation to
any other insurance or self-insurance, primary or excess, available to City or any employee, representative or agent of
City. Coverage shall not be limrted to the vicarious liability or supervisory role ol any additional insured. Coverage shall
contain no conlractors' limitation or other endorsement limiting the scope of coverage tor liability arising from explosion,
collapse, or underground property damage.
1. CGL insurance must not be written for less than the limits of liability specified as follows:
(a) ONE MILLION DOLI,ARS (S1.000.000) per occurrence lor bodity injury (including
accidental death) to any one person;
(b) ONE MILLION DOLLAHS ($1.000,000) per occunence for personal 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) generalaggregate timir.
2. CGL insunance must include all major divisions of coverage and must coven
(a) Premises Operations (including Explosion, Collapse, and Underground [A,C,U"]
coverages as applicable);
(b) lndependentContracto/sProtective;
(c) lndependentContractors;
EXHIBIT4 - INSURANCE REQUIREMENTS - 1 of 6
c.
(d) Products and Completed Operations (maintain same limits as above untilfive (S)
years after recordation ol Notice of Completion)
(e) Personal and Advertising lnjury (wilh Employeis Liability Exctusion deteted);
(f) Contraclual Liability (including specilied provrsion for Contracto/s obltgation under
Article 1 1 of the General Conditions); and
(S) Broad Form Property Damage.
3. Umbrella or Excess Liability lnsurance (over primary), if provided, shall be at least as broad
as any underiying coverage. Coverage shall be provided on a lay on behalr basis, with
defense costs payable in addition to policy limits. There shall be no cross liability exclusion
and no contracto/s limrtation endorsement. The policy shall have starting and ending dates
concunent with the underlying coverages. The Named lnsured may determine the layering
of primary and excess liability insurance provided that il such layering differs from that
described here, the actual coverage program meets the minimum total rEuired limits and
complies with all other requirements listed here.
Business Automobile Liability lnsurance
1. Business Automobile Liability lnsurance must cover all vehic{es, whether rented, leased,
hired, scheduled, owned or non-owned. lf Contractor does not own any vehicles, this
requirement may be satisfied by a non-owned vehicle endorsement to the general and
umbrella liability policies. Business Automobile Liability lnsurance coverage amounts shall
not be less than the following:
(a) ONE MILLION DOLLARS ($1.000.000) per occunence for bodity injury (including
accidental death)to any one person; and
(b) ONE MILLION DOLLARS ($1.000.000) per occunence for property damage; or
(c) ONE l\illllloN DOLLAHS (S1.000.000) combined single timit.
Contractorc Pollution Liability lnsurance (CPL)
1.Contractor or Subcontractor shall obtain, pay for, and maintain for the duration ol the
Contract Contractors Pollution Liability insurance that provides coverage for liability caused
by pollution conditions arising out of the operations of the Contractor. 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 performed
ty or on behalf of the insured.
The policy limit shall provide coverage of no less than one million dollars (g.l,0(n,0(x)) per
claim and rn the aggregate. Coverage shall appty to bodily injury; property damage,
including loss of use of damaged property or ol property that has not been physically inured;
cleanup costs; and costs of defense, including costs and epenses incurred in the
investigation, defense, or setllement of claims.
D.
EXHIBIT 4- INSURANCE REOUIBEMENTS. 2 ot6
3- Allactivities contemplated in the Contract shall be specifically scheduled on the CPL policy
as 'covered operations." ln addition, the policy shall provide coverage for the hauling ol
waste from the Prolect site to the final disposal location, including nonowned disposil sites.
4. The policy shall specifically provide for a duty to defend on the part of the insurer. City, its
officers, employees and agents shall be added to the policy as additional insureds by
endorsement.
E. Builder's Risk lnsurance
1. Builde/s Bisk Insurance covering all realand personal prope yfor?ll risks" of loss or
tomprehensive perils'mverage including but not limited to he perils ol earth movement
including eaftquake and flood for all buildings, structures, fixtures, materials, supplies,
machinery and equipment to be used in or incidental to the construction at the site, otl site,
or in transit, for the lull replacement value of such properties. Coverage shall be included lor
property of others in the care, custody or control of the insured for which any insured may be
liable. The City will purchase a builder's risk poliry for the Project inslead ol a contractor
purchased policy. Bidder should not include cost for this coverage in hidtrer bid.
2.0 GENERALBEOUIREME]IITS_ALLPOLICIES
A. Qualifications of lnsurer. At all times during the term of this Contract, Contracto/s insurance
company must meet all of the Iollowing requirements:
1. "Admitted' insurer by the State of Calitomia Department of lnsurance or be listed on the
Califomia Department of lnsurance's 'List ot Surplus Line lnsurers" ("LESLl');
2. Domiciled within, and organized under the laws of, a State of the Unted States; and
3. Carry an A.M. Best & Company minimum rating ol ?:Vll'.
B. Continuation Coverage. For insurance coverages that are required to remain in force after the
Final Payment, and if reasonably available, Contractor shall submit to City, with the final Application for Payment, all
certifrcates and additional insured endorsements evidencing the continuation of such coverage.
C. Deductibles or Self-lnsured Retentions. All deductibles or self-insured retentions are subject to
City's review and approval, in its sole discretion.
D. Commercial General Liability and Business Automobile insurance policies must be wntten on an
"occunence' basis and must add the city of vemon and its officers, agenls, employees and representatives as
additional insureds.
E. Contracto/s lnsurance Primary. Other insurance (whether primary, excess, contingent or self-
insurance, or any other basis) available to City, or its representatives, or both, is excess over Contractor's insurance.
City's insurance, or seltinsurance, or both, will not contribute with Contractods insurance policy.
F. Waiver of Subrogation. Contractor and Contraclor's insurance company waive- and shall not
exercise- any right of recovery or subrogation that contractor or the insurer may have against city, or its
representatives, or both.
EXHIBIT4-INSUBANCE REOUIBEMENTS-3or6
G. Separation of lnsureds. Contracto/s insurance poliry applies separately to each insured or
additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the
naming of multiple insureds will not increase an insurance company's limits ol liability.
H. Claims by Other lnsureds. Contractor's insurance policy applies to a claim or suit brought by an
additional insured against a Named lnsured or other insured, arising out of bodily injury, personal in;ury, advertising
injury, or propery damage.
l. Premiums. City is not liable for a premium payment or another expense under Contracto/s policy
J. At any time during the duration of this Contract, City may do any one or more of the following:
1. Review this Agreement's insurance coverage requirements;
2. Require that Contractor obtain, pay for, and maintain more insurance depending on City's
assessment ol any one or more of the following factors:
(a) City's risk of liability or exposure arising out ot, or in any way connected with, the
services of Contractor under this Agreement;
(b) The nature or number of accidents, claims, or lawsuits arising out of, or in any
way connected with, the services of Contractor under this Agreement; or
(c) The availability, or aftordability, or both, of increased liability insurance coverage.
3. Obtain, pay for, or maintain a bond (as a replacement for an insurance coverage) lrom a
Califomia corporate surety, guaranteeing payment to City for liability, or costs, or both,
that City incurs dudng Citys investigation, administration, or defense of a claim or a suit
arising out of this Agreement; or
K. Contractor shall maintain the insurance poliry without interruption, from the Project's
commencement date to the Final Payment date, or until a date that City specifies for any coverage that Contractor
must maintain after the Final Payment.
L. Contractor shall not allow any insurance to expire, cancel, terminate, lapse, or non-renew.
Contractor's insurance company shall mail City written notice at least thirty (30) days in advance of the policys
cancellation, termination, non-renewal, or reduction in coverage and ten (10)days before its insurance policfs
expiration, cancellation, termination, or non-renewal, Contrac{or shall deliver to City evidence of the required
coverage as proof that Contracto/s insurance policy has been renewed or replaced with another insurance policy
which, during the duration of this Agreement, meets all of this Agreement's insurance requirements.
M. At any time, upon City's request, Contractor shall furnish satisfactory proof of each type of insurance
coverage required- including a cert ied copy of the insurance policy or policies; certificates, endorsements, renewals,
or replacements; and documents comprising Contraclois self-insurance program- all in a form and content
acceptable to the city Aflomey or city's Hisk Manager.
N. ll Contractor hires, employs, or uses one or more Subcontracto(s) to per{orm 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 REOUIHEMENTS.4oI6
2. Furnishes City at any time upon its request, with a complete copy of the Subcontractods
insurance policy or policies for City's review, or approval, or both. Failure of City to
request copies ol such documents shall not impose any liabilrty 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 Contracto/s performance of this Agreement, or
invoke another remedy that this Agreement or the law allows. At its discretion and without waiving any other rights it
may have pursuant to law, City has the right but not a duty to obtain or renew the insurance and pay all or partaf 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 agalnst any sums or monies that City may owe
Contractor.
3.0 CONTRACTOR'SSUBMTTTALOFCERTIFICAIESANDENDORSEMENTS
A. Contractor shall have its insurance canie(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 lormat are set forth in this 4.
B. Required Submittals for Commercial Geneal Liability and Business Automobile lnsurance and
Contracto/s Pollution Liability lnsurance. The following submittals must be on lorms satisfactory to the City Attomey or
City's Risk Manager, and signed by the insurance €fiier or its authorized representative - which fully meet the
requirements ot, and contain provigons entirely consistent with, all of the insurance requirements set torth herein.
1. rcedilicate of lnsurance'2. ?dditionallnsuredEndorsement'3. Subrogation Endorsement: lvaiver ol Transfer to Hights ol Hecover Against Others'
Both Certilicates ol Insurance and Additional lnsured Endorsements must read as follows: The City ol Vemon,
and its officers, agents, employees and representatives are included as additional insureds under the policy(s). This
insurance is primary to all other rnsurance of the City. The Citys insurance and setf-insurance will apply in excess of,
and will not contribute with this insurance. This insurance applies separately to each insured or additional insured who
is seeking coverage, or against whom a claim is made or a suit is brought. The issuing company shall mail thirty (30)
days advance notice to the City for any policy cancellation, termination, non-renewal, or reduclion in coverage."
C. Required Submittals for Workers' Compensation lnsurance. Contractor shall provide City with a
certificate of insurance and a subrogation endorsement on forms satislactory to the City Attomey or City's Risk
Manager, and signed by the insurance carrier or ils authorized representative - which fully meet the requirements of,
and contain provisions entirely consistent with, this Contract's workers compensalion insurance requirements. lf
Contractor is self-lnsured lor workers' compensation, a copy of the rcertificate of Consent to Self-insure' from the
State of California is required; or if Contractor is lawfully exempt from workers' compensation laws, an ?ffirmation of
Exemption from Labor Code 53700'fonn is required.
D. Required Evidence of Builder's Risk Coverage. City will provide a certificate of insurance and a
declarations page on a form satisfactory to the City Attomey or City's Risk lvlanager, and signed by the insurance carrier
or its authorized representative. The policy terms must fully meet the requirements of, and contain provisions entirely
consistent with, all of the insurance rEuirements set forlh herein. The City shall be named as a loss payee on the
insurance policy tor the full replacement value of all buildings, struclures, fixtures and materials to be constructed,
maintained, repaired or supplied pursuant to this Contract.
EXHIBIT 4 - INSUBANCE BEQUIREMENTS -5 ol5
E. Contractor agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that all required coverage is provided. Contractor agrees to obtain certilicates evidencing such coverage.
F. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor lhat
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 liabilily policy shall contain any provision or definition that would serve to eliminate socalled third
party action ovef claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or
subcontractor.
H. Any self-insured retention' must be declared and approved by City. City reserves the right to require
the self-insured retention to be eliminated or replaced by a deductible. Self{unding, policy fronting or other mechanisms
to avoid risk transfer are not acceptable. lf Contractor has such a program, Contractor must fully disclose such program
to City.
EXHIBIT 4 - INSURANCE BEOUIREMENTS .6 ol6
EXHIBIT B
NOTICE INVITING BIDS
SECTION 1
For
On-Call Services for the Removal, Repair and Reinstallation of Well and Booster Pump
Equipment and Rehabilitation of Production Wells (CS-0636)
in the
City of Vernon, California
Bids are to be signed and submiued in TRIPLICATE. ONE ORIGINAL AND TWO COPIES of
sealed bids must be received prior to 2:00 p.m., on December 22,2015.-by the City Clerk, City
of Vernon, 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 sufficiently early or deliver in person before 2:(X) p.m. on the day listed in the Notice
Inviting Bids. Bids must be received in the City Clerk's Office before that time. At the bid
opening, the City Clerk shall open bid packages and acknowledge the receipt of Bids. Once
all bid packages are opened and announced, the Bid Forms will be made available for
public review.
NO LATE BIDS WILL BE ACCEFTED
The bids shall be clearly titled. Copies of the Bid Documents, Plans and Specifications are
available at no charge at the Public Works, Water and Development Services Department
Counter, City of Vernon, 4305 Santa Fe Avenue, Vemon, between 7 a.m. and 5:30 p.m., Monday
through Thursday. A non-refundable fee of$20.0O will be charged if mailing is requested by
calling (323) 583-881 l.
A Non-mandatory pre-bid meeting to answer any questions regarding the project plans and
specifications is scheduled for December 1,2015 at 10:fi) 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 of Vernon Contact Person: Scott B. Rigg, MPA
Phone: (323) 583-881I x279
Facsimile: (323) 826- | 435
Email : srigg@ci.vernon.ca.us
1
Mandatory Qualifications for Bidder and Designated Subcontractors:
A Bid may be rejected as non-responsive if the Bidder fails to meet the essential requirements for
qualification.
General Scope of Work:
Contractor shall fumish labor, materials, equipment, services, and specialized skills to perform
work involved in the Project. The Work in the Bid is defined in the Project Drawings and
Specifications and will generally include the following:
Contractor shall fumish labor, materials, equipment, services, and specialized skills to perform
work involved in the Project. The Work in the Bid is defined in the Project Drawings and
Specifications and will generally include: On-Call Services for the Removal, Repair and
Reinstallation of Well and Booster Pump Equipment and Rehabilitation of Production Wells.
The work shall be done in accordance with Contract No. Cs-0636. Standard Plans for Public
Works Construction (SPPWC 2012 Edition), and the "Greenbook" Standard Specifications for
Public Works Construction (2015 Edition), including all supplements thereto issued prior to bid
opening date. In the event of any conflicts, Contract No. CS-0636 shall prevail.
Mandatory Qualifications for Bidder and Desigrated Subcontractors:
A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the
essential requirements for qualification. As part of the Bidder's Statement of Qualifications,
each Bid must establish that:
Bidder satisfactorily completed at least five (5) prevailing wage public contracts in California;
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 of the Bid submitted for this Projecr.
Other Bidding Information:
l. Contract Length: three (3) vears
2. Amount of Liouidated Damases: $500.00 per calendar day
3. Biddine Documents. Bids must be made on the Proposal Form contained herein.
4. Time of Completion. This Work must be completed within three (3) years from the date
of commencement as established by the City's written Notice to Proceed.
5. Acceptance or Rejection ofBids. The City reserves the right to reject any and all bids, to
award all or any individual part/item of the bid, and to waive any informalities, irregularities or
technical defects in such bids and determine the lowest responsible bidder, whichever may be in
the best interests of the City. No late bids will be accepted, nor will any oral, facsimile or
electronic bids be accepted by the City.
6. Contractor's License. At the time of the Bid Deadline and at all times during
performance of the Work, including full completion of all corrective work during the Correction
Period, Contractor must possess a California contractors license or licenses, current and active,
of the classification required for the Work, in accordance with the provisions of Chapter 9,
Division 3, Section 7000 et seq. of the Business and Professions Code. ln compliance with
Public Contract Code Section 3300, the City has determined that the Bidder must possess the
following license(s): Engineering "A" License and C-57 License. The Bidder will not receive a
Contract award if at the time of submitting the bid, the Bidder is unlicensed, does not have all of
the required licenses, or one or more of the licenses are not current and active. If the City
discovers at the time of the Bid Deadline that Contractor is unlicensed, does not have all of the
required licenses, or one or more of the licenses are not current and active, the City may reject
the Bid, cancel the award, declare the Bid Bond as forfeited, keep the Bid Bond's proceeds, and
exercise any one or more of the remedies in the Contract Documents in addition to those
provided by law.
7. Subcontractors' Licenses and Listins. Bidders must list each Subcontractor whom the
Bidder must disclose under Public Contract Code Section 4lM (Subcontractor Listing Law), and
the Bidder must provide all of the Subcontractor information that Section 4104 requires (name,
address, license number, and portion of the Work). An inadvertent error in the license number
will not be considered nonresponsive if it is corrected within 24 hours after the bid opening. In
addition, the City requires the Bidder to list the dollar value of each Subcontractor's labor or
services. The City reserves the right to review and disqualify any proposed Subcontractor. The
City's disqualification of a Subcontractor does not disqualify a Bidder. In such case, prior to and
as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed
and qualified Subcontractor- without an adjustment of the Bid Amount. At the time of the Bid
Deadline and at all times during performance of the Work, each listed Subcontractor's license
must be current and active for the portion of the Work listed and shall hold all specialty
cenifications required for such Work.
8.
Authorizations: All fees for City of Vernon permits shall be waived.
9. Bid Forms and Security: Each Bid must be made on the Bid Forms obtainable at the
Department of Public Works, Water and Development Service. Each Bid shall be accompanied
by a cashier's check or cenified check drawn on a solvent bank, payable to "City of Vernon," for
an arnount equal to five percent (57o) of the total maximum amount of the Bid. Alternatively, a
satisfactory corporate surety Bid Bond for an amount equal to five percent (57o) of the total
maximum amount of the Bid may accompany the Bid. Said security shall serve as a guarantee
that the successful Bidder will, within fifteen ( l5) calendar days after the date of the award of the
contract, enter into a valid contract with the City for said Work in accordance with the Contract
Documents.
10. Bid Irrevocabilitv. Bids shall remain open and valid for ninety 190.1 calendar days after
the Bid Deadline.
I I . Substitution of Securities. Pursuant to California Public Contract Code Section 22300,
substitution of securities for withheld funds is permitted in accordance therewith.
12. Prevailins Waees. This Project is a "public work" as defined in California Labor Code
Section 1720. Contractor awarded this Contract and all Subcontractors of any tier shall not pay
less than the minimum prevailing rate of per diem wages for each craft, classification, or type of
worker needed to perform the Work. The Director of Industrial Relations of the State of
California, pursuant to the Califomia Labor Code, and the rates determined by the California
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Director of Industrial Relations are available online at www.dir.ca.gov/DLSR/PWD/.
13. Payroll Records. Pursuant to SB 854, Contractor and any Subcontractors shall furnish
electronic cenified payroll records direcdy to the Labor Commissioner (aka Division ofLabor
Standards Enforcement).
14. Annual Fee to the Depanment of Industrial Relations (DIR). Pursuant to SB 854, Contractor
and any Subcontractors shall register and pay an annual fee to the DIR.
Mark Whitworth
City Admini strator
Dated: (Authorized by City Attorney)
Published:
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City of Vernon
Instructions for Bidders
Project: ON-CALL SERYICES FOR THE REMOVAL, REPAIR AND
REINSTALLATION OF WELL AND BOOSTER PUMP EQUIPMENT AND
REHABILITATION OF PRODUCTTON WELLS
For the Department of Public Works, Water and Development Services
City personnel with whom prospective bidders will deal with are:
Scott B. Rigg, Department of Public Works, Water and Development Services, 4305 Santa Fe
Avenue, Vemon, CA 90058 (323) 583-881 I Ext. 279.
Bid opening date and time: December 22, 2015 at 2:0O p.m. (Bid Deadline)
Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon,
cA 90058
The bid must be received by the City Clerk prior to the time set for bid opening. A bid received
by the City Clerk after the time set for the bid opening is a non-responsive bid and shall not be
considered.
GENERAL BID REOUIREMENTS
To be considered, a bidder must strictly follow the format for bids in the specifications. Bids
must be binding and firm. Any bids may be withdrawn before bid opening, but bids shall remain
open and valid for ninety (90) calendar days after the Bid Deadline.
I. CONTRACTORSLICENSE
The Bidder must possess a valid State of Califomia Contracrors License in the
classification(s) specified in the Notice Inviting Bids at the time of the Bid Deadline and
at all times during the performance of the Work, except as otherwise provided in
California Business and Professions Code Section 7028.15.
2. INTERPRETATION OF BIDDING IX)CUMENTS, SPECIFICATIONS AND
ADDENDA
A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of
any part of the Bidding Documents, or who finds discrepancies, errors or
omissions therein or who finds variances in any of the Bidding Documents with
applicable law, such Bidder shall at once submit a written request for an
interpretation or correction thereof to the City's representative identified in the
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Notice Inviting 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 requesr shall be responsible for its
prompt delivery to City's Contact Person identified in the Notice Inviting Bids.
Any interpretation or correction will be made only by Addendum issued by the
City and a copy of such Addendum will be delivered to all Interested Bidders of
record. Any Addenda so issued must be acknowledged in the Bid and the cost of
performing Work described in the Addenda shall be included in the Bid. Bidder's
failure to acknowledge receipt of all Addenda may result in rejecrion of the Bid as
nonresponsive. No person is authorized to render an oral interpretation or
correction of any Bidding Documents and no Bidder may rely on any such oral
interpretation or correction issued by the City. The City shall not be responsible
for any other explanation or interpretation of the Drawings or Specifications, or
for any oral instructions. City reserves the right to extend the Bid Deadline by
issuing an Addendum to Interested Bidders no later than 72 hours prior to the Bid
Deadline. Bidders shall use complete sets of Bidding Documents in preparing
Bids; City shall not assume responsibility for enors or misinterpretations resulting
fiom the use of incomplete sets of Bidding Documents.
B. Copies of Addenda will be made available for inspection wherever Bidding
Documents are on file for that purpose. Each Bidder shall ascertain prior to
submitting a Bid that the Bidder has received all Addenda issued and the Bidder
shall acknowledge their receipt in the Bid.
OBTAINING DRAWINGS AND DOCT]MENTS
Bidder may secure Bidding Documents only from the location specified in the
Notice Inviting Bids. City will maintain a list of persons who obtained a copy of
these Specifications ("Interested Bidders"). Only Interested Bidders will receive
Addenda, if so issued.
BID FORMS - SUBMITTAL
A. The Bids shall be made on the forms provided herein with all blank spaces
properly filled in.
B. The phraseology shall not be changed, and no additions shall be made to the items
mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions
attached to a Bid will render it informal and may cause its rejection. All forms
requiring specific information shall be completed with all applicable information
for a Bid to be considered responsive.
C. Include all Bid Forms, properly executed, and intacr on forms provided. Enclose
the Bid Forms in a sealed envelope; type or print on the envelope "BIDS for"
followed by the title and Specification Number and rhe 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.
E.
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.
Bids received after the Bid Deadline or at any place other than the Office of the
City Clerk will not be considered.
5.BID FORMS - AUTHORIZED SIGNATURES
The full name, business address, zip code, and business telephone number, with
area code of the individual, partnership, joint venture, or corporation submitting
the Bid shall be typewritten or legibly printed on rhe Bid Forms. The Bidder shall
sign the form with his/her usual wet ink signature.
Sole Proprietorship: An individual shall sign.
Partnership (General or Limited): A partner shall sign for a partnership; the
partner shall give the names and addresses of all partners.
Corporation; An officer shall sign for a corporation. The corporate name must
be attested by the corporate seal. The names and titles of the president and all
officers of the corporation who are authorized to sign the Bid Forms must be
listed in an authenticated Incumbency Cenificate signed by the corporate
secretary. A signature other than a corporate officer's will be accepted only if an
authenticated Incumbency Certificate is attached.
Joint Venture: Bidders shall use the appropriate section(s) listed above in B-D,
based on their applicable situalion.
6.BID FORMS - SCHEDULE OF BID PRICES
The Bidder shall include in his/her Bid price(s) any and all expense or cosrs that
may be necessary to complete the project in accordance with the requirements of
the Contract. The cost of all mobilization, preparatory work and operarions for the
multiple movements of personnel, equipment, supplies, and incidentals to the
various project sites must be included in the various bid items, and no extra
compensation will be paid to Contractor.
The Bidder shall state for each item on the Schedule of Bid Prices form, in clearly
legible figures, the Base Bid, the alternates, and the unit price and item total or
lump sum, as the case may be, for which he/she proposes to supply labor,
materials, and equipment and to perform the Work. Bids must not contain any
erasures, interlineations, strike-throughs or other corrections unless the same are
suitably authenticated by affixing in the margin immediately opposite such
erasure or correction the initials of the person(s) signing the Bid. If any Bid, or
portion thereof, is determined by the City to be illegible, ambiguous or
inconsistent, City may reject such a Bid as being non-responsive.
D.
B.
C.
D.
B.
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C. In the case of a unit price item, the amount set forth, as the item total shall be the
product of the estimated quantity times the unit price Bid. In the event of a
discrepancy between the unit price Bid and the item total, the unit price shall
prevail; however, if the unit price is ambiguous, unintelligible, or uncertain for
any cause, or is omitted, or is the same amount as the entry for the item total, then
the item total shall prevail and shall be divided by the estimated quantity for the
item and the price thus obtained shall be the unit price. Where so indicated by the
makeup of the Bid Form, sums shall be expressed in both words and figures, and
in case of discrepancy between the two, the amount written in words shall govern.
D. All requested Alternates, if any, shall be Bid. See the Schedule of Bid Prices for
more information and the list of Bid Alternates, if any. If no change in the Base
Bid is required, enter "No Change."
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 satisfactory Bid Bond in favor of the City executed by the Bidder as a
principal and a Califomia admitted surety company (as defined by California
Code of Civil Procedure $$995.120 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:VII" or better.
Bonds issued by a California admined surety not listed on Treasury Circular 570
will be deemed accepted unless specifically rejected by the City. Bonds issued
from admitted surety insurers not listed in Treasury Circular 570 must be
accompanied by all documents enumerated in California Code of Civil Procedure
Section 995.660. All such bonds must be accompanied by a power of attorney
from the surety company authorizing the person executing the bond to sign on
behalf of the company. If the bonds are executed outside the State of California,
all copies of the bonds must be countersigned by a Califomia representative of the
surety. The signature of the person executing the bond on behalf of Surety must
be acknowledged by a Notary Public as the signature of the person designated in
the power of anomey.
C. Bid Security shall be in an amount not less than 5Vo 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 forms within
fourteen (14) calendar days after award of the Contract. Bidders will be entitled
to return of Bid Security except when a successful Bidder forfeits its Bid Security.
A forfeit may occur, for example, if the successful Bidder withdraws its Bid prior
to the expiration of ninety (90) calendar days after award of the Contract; attempts
to withdraw its Bid when the requirements of Public Contract Code $ 5lol et seq.
are not met; or refuses or fails to execute the Contract and provide the required
bonds, insurance or certificates within fourteen (14) calendar days after award of
I
8.
the Contract. In any one or more of these events, if City awards the Contract for
the Work to the next lowest responsible Bidder, the amount of the original lowest
Bidder's security shall be applied to the Contract Price differential between the
lowest Bid and the second lowest Bid. Any surplus will be retumed to the original
lowest Bidder. If the City rejects all other Bids presented and re-advertises, the
lowest Bidder's Bid Security may be used to offset the City's cost of re-
advertising and receiving new Bids. In that case, the surplus if any, will be
returned to the original lowest Bidder.
D. The Bid Security shall be held for ninety (90) calendar days after the award of the
Contract or until posting by the successful Bidder of the payment and
performance bonds, proof of insurance, retum of executed copies of the Contract
and necessary certification(s), whichever first occurs, after which time the Bid
Security will be returned to all Bidders.
E. If a Bid Bond is to be submitted, Bidder shall use the form entitled "Bid Bond"
contained in the Bidding Documents, which Bid Bond shall be properly executed
and acknowledged by the Bidder and by a corporate surety authorized to transact
such business in the State of Califomia.
F. Any alteration of said form of Bid Bond, or imperfection in the execution thereof,
as herein required, will render it informal and may, at the option of the City, result
in the rejection of the Bid under which the Bid Bond is submitted.
BIDDER'S AND SPECIALTY CONTRACTORS' STATEMENTS OF
QUALIFICATIONS
A. Each Bidder shall be required to complete, execute and submit with its Bid, the
form entitled "Bidder's Statement of 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 fully the requirements of the contract documents. In
selecting the lowest responsible Bidder, consideration will be given not only to
the Bidder's financial standing but also to the general competency of the Bidder
for the performance of the work covered by the Bid including, but not limited to,
the experience of the Bidder in construction of public buildings for public
agencies. By submitting a Bid, each Bidder agrees that the City, in determining
the successful Bidder and its eligibility for the award, may consider the Bidder's
experience with similar types of construction projects and facilities, conduct and
performance under other contracts, financial condition, reputation in the industry,
and other factors which could affect the Bidder's performance of the work.
DESIGNATION OF SIJBCONTRACTORS
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
9.
B.
Bidder shall provide: each Subcontractor's name, the trade and type of work that
the Subcontractor will perform, the location (address) of the Subcontractor,s place
of business, each Subcontractor's license number, and the dollar value of each
Subcontractor's labor or services. If additive Alternate Bid Items are included in
the Bidding Documents, the Bidder shall identify each Subcontractor performing
additive Alternate Bid Items, when such Work - or the combination of base
Contract Work and Alternate Work - exceeds one-half of one percent of the total
Bid Amount.
Subcontractors' Licenses. At the time of the Bid Deadline and at all times during
performance of the Work, each listed Subcontractor shall possess a current and
active California Contractor's license appropriate for the portion of the Work
listed for such Subcontractor, and hold all specialty certifications required for
such Work.
Disqualification of a Subcontractor. The City has the right to review the
suitability and qualifications of any Subcontractor proposed by the Bidder. As
pan of this review, the City may request a Bidder to submit additional information
about one or more of the listed Subcontractors-including, but not limited to-a
statement detailing the Subcontractor's experience with peninent information as
to similar projects and other evidence of the Subcontractor's qualifications. If
requested, the Bidder shall provide the information ro rhe City within the time
specified in the City's written request. After due investigation, if the City has a
reasonable objection to any proposed Subcontractor, the City may, before giving
the notice of award, require the apparent successful Bidder to submit an
acceptable substitute. The City's disqualification of a Subcontracror does not
disqualify a Bidder. However, prior to and as a condition to award of the
Contract, the successful Bidder shall substitute a properly licensed and qualified
Subcontractor without an adjusrment of the Bid Price.
Work of Subcontractors. The organization or arrzrngement of the Specifications
and Drawings do not limit rhe extent of the Work for the Contract Documenrs.
Accordingly, all Bidders are encouraged to disseminate all of the Specifications,
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 inferable from the Conrract Documents, will
not be a basis for adjustment of the Contract Price or the Contract Time.
Ineligible Subcontractors. The successful Bidder is prohibited from performing
Work on the Project with any Subcontractor who is ineligible to perform work on
a public works project pursuant to Califomia Labor Code Sections 17i7.1 or
1777.7. ln submitting its Bid, the Bidder cenifies that ir has investigated the
eligibility of each and every listed Subcontracror and has determined that none is
ineligible to perform work pursuant to the above code provisions.
C.
D.
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E.
10.CONTRACTOR'S NONCOLLUSION AFFIDAVIT
A Noncollusion Affidavit in the form provided by the City shall be signed under penalty
of perjury, certifying that the Bid is not the result of and has not been influenced by
collusion. Bidder shall submit this form with its Bid. Any Bid made wirhout such
affidavit, or believed to be made in violation of the requirements set forth in the affidavit
form, may be rejected.
INSURANCE REQUIREMENTS
The Bidder shall submit to its insurance company or insurance agent the Insurance
Requirements in this Specification and the Contract Documents. The insurance
company's underwriter or agent must complete the Insurance Requirements
documentation which states that the insurer's underwriter or agent will furnish the City
with the required insurance documents within fourteen (14) days after the Bidder's
having been notified of the Contract's award. The Bidder shall submit this form with its
Bid. Any Bid made without this statement, or made with an incomplete statement, may
be rejected.
EXAMINATION OFDRAWINGS, SPECTFICATIONS, Ar\D SITE OF WORK
A. The Bidder shall examine carefully rhe site of the Work contemplated and the
Drawings and Specifications. The submission of a Bid will be conclusive
evidence that the Bidder has investigated and is satisfied as to the conditions to be
encountered, as to the character, quality, and quantities of Work to be performed
and materials to be furnished, the difficulties to be encountered, and to the
requirements of the Drawings, Specifications, and other Contract Documents. The
Bidder shall ascertain the locations of the existing utility services, and other
underground facilities, and provide for carrying out its operations so as to cause
the minimum possible inconvenience to the occupants of properties along any
streets affected. All Work and costs involved in the safeguarding of the properties
of others shall be at the expense of the Bidder to whom the Contract may be
awarded.
B. The Bidder hereby certifies that it has examined the local conditions, has read
each and every clause of the Contract Documents, and that it has included all
costs necessary to complete the specified Work in its Bid prices, and the Bidder
agrees that if it is awarded the Contract, it will make no claim against the City
based upon ignorance of local conditions or misunderstanding of any of the
provisions of the Contract. Should the conditions turn out otherwise rhan the
Bidder anticipated, the Bidder agrees to assume all risks incident thereto.
PRICES AND PAYMENTS
Approximate quantities listed in the Schedule of Bid Prices are estimates given for
comparing Bids, and no claim shall be made against the City for excess or deficiency
therein, actual or relative. Payment at the prices agreed upon will be in full for the
completed Work and will cover materials, supplies, Iabor, tools, equipment, and all other
I l.
12.
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expenditures incident to a satisfactory compliance with the Contract, unless otherwise
specifically provided.
ST]BSTITUTIONS
Bidders wishing to obtain City's authorization for substitution of any material, device,
product, equipment, fixture, form, or type of construction shall submit all requests for
substitution, including all data necessary ro demonstrate acceptability, a minimum of
thirty (30) calendar of days prior to the Bid Deadline. Approval of any such substitution
shall be made in writing by the City. Bidders shall refer ro rhe appropriate provisions in
the General Conditions for additional requirements for substitutions. In the absence of a
written Addendum prior to the Bid Deadline or a Change Order approving rhe request
after Conffact award, a request for substitution shall be deemed denied.
RETURN OF IMPROPER BIDS
Bids submitted after the Bid Deadline are non-responsive and shall be returned to the
Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted
Bids shall not be considered unless the Norice Inviting Bids expressly permits such
means of transmittal.
WITHDRAWAL OF BIDS
Bidder may withdraw its Bid either personally or by written request any time prior to the
scheduled Bid Deadline by notice to the City's Contact Person designated in the Notice
Inviting Bids. If such notice is written, it shall be signed by the Bidder and shall be date-
stamped and time-stamped by the City upon receipt. Withdrawn Bids may be
resubmitted before the Bid Deadline provided that they are in full conformance with
these lnstructions to Bidders. Once submitted, all Bids are irrevocable, except as
otherwise provided by law. Requests for withdrawal of Bids after the Bid Deadline shall
be made only in accordance with Califomia Public Contract Code $ 5100, er seq. Bidder
agrees by submitting a Bid that such Bid shall remain open, is irrevocable, and may not
be modified, withdrawn, or cancelled for a period of ninety (90) days after award of the
Contract.
OPENING AND EVALUATION OF BIDS
A. Bid Opening and Tabulation. The Bids shall be opened and read in public after
the Bid Deadline has expired at the time and location listed in the Notice Inviting
Bids. A tabulation of all Bids received will be available for public inspection at
the Office of the Director of Community Service & Water, 4305 Santa Fe
Avenue, Vernon, CA during regular business hours for a period of not less than
thirty (30) calendar days following the Bid Deadline. The City reserves rhe righr
to accept or reject any or all Bids and be the sole judge regarding the suitability of
the products, services or supplies offered; and./or to waive any irregularities or
informalities in any Bids or in the bidding process. The City further reserves the
right to purchase all or fewer than all items or quantities of each item listed in the
Bidding Documents. The award of the Contract, if made by rhe City, shall be to
15.
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the lowest responsive and responsible Bidder.
B. Evaluation of Bids.
I . Mandatory Qualifications. A Bid shall be rejected as non-responsive if the
Bidder fails to document in the Bid that Bidder meets the essential
requirements for qualification described in the Notice Inviting Bids. As
part of the Bidder's Statement of Qualifications each Bidder must
establish that it, as the current entity: (1) has successfully completed at
least five (5) similar projects involving similar work within the last five
(5) years with a cost equal ro or in excess of the Bidder's Bid; and (2) has
successfully completed at least five (5) public works projects.
2. Responsive Bid. A responsive Bid is a Bid which conforms, in all
material respects, to the Bidding Requirements and Contract Documents.
3. Responsible Bidder. A responsible Bidder is a Bidder who has
demonstrated the attribure of trusnvorthiness, as well as quality, fitness,
capacity and experience to satisfacrorily perform fully the requirements of
the Contract Documents.
4. Competency of Bidders. In selecting the lowest responsible Bidder,
consideration will be given not only to the financial standing but also to
the general competency of the Bidder for the performance of the Work
covered by the Bid including, but not limited to, the experience of the
Bidder in construction of public works for public agencies. By submitting
a Bid, each Bidder agrees that the City, in determining the successful
Bidder and its eligibility for the award, may consider the Bidder's
experience with similar types of construcrion projects and facilities,
conduct and performance under other contracts, financial condition,
reputation in the industry, safety record and protocols and other factors
which could affect the Bidder's performance of the Work.
AWARD OF CONTRACT
The City reserves the right to reject any or all Bids and to waive any or all information or
technical defects, as the interest of the City may require. Award of Contract or rejection
of Bids will be made by the City within ninety (90) calendar days following the Bid
Opening.
BASIS OF AWARD
A. The City will award the Conrracr 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 of the Contract, regardless of whether such Bid
Altemates were used in the analysis to determine the lowest Bid.
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20. EXECUTIONOFCONTRACT
Within fourteen (14) calendar days after being notified by City thar it has been awarded
the Contract, Contractor shall deliver to rhe City the following documents:
A. Three (3) copies of the Contract in the form included herein, properly executed by
Contractor and, if Contractor is a corporation, evidence of its corporate existence
and that the persons signing the Contract are authorized to do so. All signatures
must be notarized.
Properly executed copies of the (a) Performance Bond (b) Labor and Material
(Payment) Bond and (c) Maintenance Bond in accordance with the requirements
set forth in Article 13 of the General Conditions and in the form shown on
Exhibits 1,2 and 3 attached rhereto. All signatures must be notarized.
Properly executed policies of all of the following: (a) the Commercial General
Liability Insurance, (b) the Automotive Liability Insurance, and (c) Professional
Liability, if required, and (e) the conesponding endorsements for each policy in
accordance with the requirements set forth in Article 12 of the General
Conditions.
2t.
ln the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for
the State of California, or on days when City Hall is closed, the aforesaid documents shall
be delivered by the following Working Day.
After receipt of said documents within said time period or any extension thereof granted
by the City, the City shall execure rhe Conrract and rerum one (l) of said three (3) copies
to Contractor for its files.
PUBLIC RECORDS
City seeks to conduct its business openly. Except as set forth in paragraph 8.A., upon
opening, all Bids shall become a matter of public record and shall be regarded as public,
with the exception of those elements of each Bid that are identified by the Bidder and
plainly marked as "trade secret," "confidential," or 'proprietary," including any
Statement of Qualifications and financial statements to be submined by Bidders. Each
element of a Bid which a Bidder desires not to be considered a public record must be
clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages,
documents, or other, non-specific designations) shall not be sufficient and shall not bind
the City in any way whatsoever. If City receives a requesr from a third party to make a
Bid available for inspection and copying, the City will norify rhe Bidder of the request. If
a Bidder instructs the Ciry that the information is not to be released, City will withhold
the information, provided, the Bidder expeditiously seeks a protective order from a court
of competent jurisdiction to prevent such release. If disclosure is required under the
Califomia Public Records Act or otherwise by law (despite the Bidder's request for
confidentiality), the city shall not in any way be liable or responsible for the disclosure of
any such records or pafi thereof.
B.
C.
L4
22.
Bidder shall indemnify, defend (including Bidder's providing and paying for legal counsel
for city), and hold harmless City, its officers, agenrs, employees, and representatives from
and against all liability, claims, suits, demands, damages, fines, penalties, costs, or
expenses arising out of or alleging city's refusal to publicly disclose one or more records
that Bidder identifies as protectable, or asserts is protectable.
PREVAILING WAGE RATES AND EMPLOYMENT OF APPRENTICES
A. Prevailing wage Rates. The Bidder and all Subcontractors shall utilize the
relevant prevailing wage rate determinations in effect on the first advertisement
date of the Notice Calling for Bids in preparing the Bid proposal and all
component price quotations, provided, however, that when Davis Bacon wage
rates apply, such rates are subject to increase by written notice, issued by
Addendum not less than l0 calendar days before the Bid Deadline. pursuant to
Califomia Labor Code Section 1770 et seq., the Director of the Department of
Industrial Relations of the State of California and the United States Secretary of
Labor have determined the general prevailing wage rates in the locality in which
the Work is to be performed. Said rate schedules are available on the Internet at
www.dir.ca.sov/DLSR/PWD/. The wage rate for any classification not lisred, but
which may be required to execute the Work, shall be commensurate and in accord
with specified rates for similar or comparable classifications for those performing
similar or comparable duties. To comply with California Labor Code Section
1773.2, Contractor shall post, at appropriate and conspicuous locations on the job
site, a schedule showing all applicable prevailing wage rates and shall also
comply with the requirements of California Labor Code Sections 1773 et seq.
B. Apprenticeship Committee Contract Award lnformation. Pursuant to Califomia
Labor Code 5 1777.5 and Tirle 8 of the California Code of Regulations g 230,
Contractor and Subcontractors of any tier who are not already approved to train
by an apprenticeship program sponsor shall, within ten (10) calendar days of
signing the Contract or subcontract, as applicable, but in any event prior to the
first day in which Contractor or Subcontractor has workers employed on the
Project, submit the Public Works Contract Award Information form (DAS Form
140) to the appropriate local apprenticeship comminees whose geographic area of
operation include the area of the Project and who can supply apprentices to the
Project. City reserves the right to require Contractors and Subcontractors to
submit a copy of said forms to the Ciry.
C. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days
of signing the Contract or subcontract, as applicable, the Statement of Employer
Payments (DLSE Form PW 26) shall be completed for each Contractor and
Subcontractor of any tier who pays benefits to a third party trust, plan or fund for
health and welfare benefits, vacation funds or makes pension contributions. The
form must contain, for each worker classification, the fund, plan or trust name,
address, administrator, the amount per hour contributed and the frequency of
contributions. Training fund conrributions shall also be reported in this form. City
15
reserves the right to require Contractors and Subcontractors to submit a copy of
said forms to the City.
D. Notice to Subcontractors. Bidders shall notify all potential Subcontractors
submitting price quotations for portions of the Work of the requirements
concerning payment of prevailing wage rates, payroll records, hours of Work, and
employment of apprenrices.
23. SPECIAL CITY REQUIREMENTS
Special City forms and their instructions are an integral part of these specifications and
failure to submit same may be grounds, in the sole discretion of the city, for rejection of
any Bidder.
A. Living Wage Ordinance And Prevailing Wage Where Applicable. Conrractor,
and Subcontractors, if any, shall comply with the terms and conditions of
Ordinance No. I187, the City's Living Wage Ordinance. Upon request, certified
payroll documents shall be provided ro the City. If there is a difference between
the Vernon Living Wage rares and the California Prevailing wage rates for the
same classihcation of labor, Contractor and subcontractor shall not pay less than
the highest wage rate for that classification.
B. Equal Employment Opportunity In Contracting. The City of Vemon is committed
to a policy of equal opportunity in contracting. eualified firms including small
businesses and businesses owned by women, minorities, and disabled persons are
encouraged to submit bids or proposals. Contractors expressly agree to comply
with the City's ordinances and regulations regarding Equal Opportunity
Employment as well as regulations that may be mandated by the source of the
funds supporting the Contract. Contractor certifies and represents that during the
performance of this Contract, it and any other parties with whom it may
subcontract shall adhere to equal employment opportunity practices to assure that
applicants, employees and recipients of service are treated equally and are not
discriminated against because of race, religion, religious belief, color, national
origin, citizenship, ancestry, disability, sex, age, medical condition, pregnancy,
sexual orientation or marital status. Contractor certifies that it will not maintain
any segregated facilities.
Contractor shall comply with all applicable Federal and Califomia laws including,
but not limited to, the California Fair Employment and Housing Act (Califomia
Govemment Code Section 1290O, et seq.), California l.abor Code Section 1735,
and The Americans with Disabilities Act of 1990 (42 U.S.C. l}l}l et seq.).
Contractor shall require like compliance by all Subcontractors employed on the
Work.
76
25. BIDPROTESTPROCEDURES
C.
Any Bidder submitting a Bid directly to rhe City and eligible for award of the
Contract may file a protest if the Bidder complies with all of the following
requirements and conditions:
1. The Bid protesr is in wriringl
2. A protest based upon alleged defects or improprieties in the Contract
Documents is hled with the City pdql to the Bid Deadline;
3. All other protests are ro be filed and received by the City no more than five (5)
calendar days following the City's notice of intent to award the Contract; and
4. The wrinen Bid protest sets forth, in detail, all grounds for the Bid protest,
including without limitation: all facts, supporting documentation, legal
authorities, and argument in support of the grounds for the Bid protest. All
factual contenrions must be supported by competent, admissible, and credible
evidence.
Any matters not set forth in the written Bid protest will be deemed waived. Any
Bid protest not conforming to the foregoing requirements and conditions will b€
rejected by the City as invalid.
Bid Dispute Indemnification. [n the event of a Bid dispute based upon the
Bidder's submission of this Bid and the City acceptance of same, the Bidder shall
indemnify, defend (with counsel acceprable 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.
IENDOFDOCUMENT]
A.
B.
1,7
EXHIBIT C
BIDDERS PROPOSAL
Gnxnnal Puup CovraNY, INC.
WELL & PUMP SERVICE SINCE 1952
PROPOSAL FOR
On-Catl Services for the Removal, Repair and
Reinstallation of Well & Booster Pump Equipment
and Rehabilitation of Production Wells (CS-0636)
DECEMBER 22,2015 @ 2:00 r.u.
PREPARED BY
GENf,RAL PUMP CON,PANY, INC.
159 N. AcacnSrnEEt
SAN DrMAs, CA 91173
(909) s9e-9606
FORTHE
CIrv oF VERNoN
*,)
BIDDING FORMS
BIDDING FORMS
sEcTtoN 2
BIDDER'S PROPOSAL
The undersigned submits this Bid in response to the Notice lnviling Bids issued by the City to construct the Work of
lhe following Projecl in accordance wih the Contracl Documents:
PROJECT: Otil.CALL SERVICES FOR lllE REilOVAL, REPATR AND RETNSTALLATTON OF WELL AIitD
BOOSTER PUTIP EQUIPi'Et{T, AIiID REHABILITATION OF PRODUCTION WELLS
A, Enclosed herewith and by this reference irE-orporated herein and made a part of this Bidder's Bid are lhe
following completed forms:
1. Biddeds Proposal
2. Schedule of Bli Prices
3. lncumbency Certificate
4. Bil Security in the following form (ct eck one):
! Cashie/s Check E Certified Ched(
.-Jlll Bid Bond LJ Cash
5. Biddeis Statement of Qualifications
6. Experience Fom
7. Statement of Violations of Federal, State or Local Law, if applicable
8. Speciatty Contraclor SlaterEnt of Qualifications
9, ContractorSafetyQuestionnaire
10. Designation of Subcontractors
11 . Contrdcto/s Afidavit ot Nonmllusion
12. lnsuranceRquirementsAffrdavrt
13. Statement of Disqualificaton or Debannent.
14. Pre-Bid Site lnspection Certification.
B. Acknowledgment of Addenda. The Bidder shall ac*nowledge the receipt of all Addenda by attaching a
signed copy of all Addenda, and by listing allAddenda received and attached in the space below
N-,-
If an Addendum or Addenda have been issued by the City and not attached and noted above as b€ing
, received bythe Bidder, the Bid may be rejected.
BF 10f39
BIDDING FORMS
C. lnspection of the Work and Contracl Documenb. Bidder certifies that it has carefully examined and is fully
familiar with all ofthe provisions of the Bidding Documents and said Bidding Documents contain sufficient
delail regarding the Work to be performed; lhat it has notmed City of any enors or omissions in the Bidding
Documents and/or any unusual site conditions; and that it has carefully checked all r,rords, prices, and
statements in this Bidding Document, Bidder hereby cerlifies lhat he/she ad his/her SubcontractoB have
inspected the site and related Drawings and Specifications of Work and fully acquainled themselves with all
conditions and matteE which may in any way aftct the Work, time of completion or the costs hereof,
Bidder abo certfies he/she has observed the designated Contractor Work areas and a@ess routes, if
disclosed or shown, as pa( of the Work in this Contract.
S]TE INSPECTION - CERTIFICATION:
Percon(s) who inspected site o{ lhe proposed Work for your firm:
Na^", /Y/,'ehae/ Bodo. t 'r^|'
or rn"onron r, fa q /,r
Executed this t5* d"y ol Dce,ok at 9an );mcs
Title:
Name:
Tifle:
Date of Inspection
D, Bidder agrees that all costs of Work shown in tle Bidding Documenb, ircluding work reasonably inferable
therelrom and necessary thereto, are included in his/tEr Bid. All Work shown in the Coatract Documents for which a
specific line item is not pmvided in the Bidding Form is included in he Bidde/s Total Base Bid Price.
E. Forfe ure of Bid Securily. Bidder further agrees that, in case of hisiher default in executing the rquircd
Contract ard the rquired bonds, or fumishing the required insurance, the money payable under the Bid Security
accompanying this B j shall be applied by the City towards payment of the damage to the City on acmunt of such
default, as provided in the Bidding Documents.
F, Period of lnevocability, Bidder agEes that this Bid shall remain open and shall not be withdrawn for a
period of not less than ninety (90) calendar days ftom the date of award of Contract, or until rqected by the Cig,
whichever period is shofler.
G. Bid Dispute lndemnification, ln lhe event of a Bid dispute based upon trhe Bidde/s submission of tris Bid and
he City acceptance of same, the Bidder shall indemniry, defend (with counsel accept&le b City), and trcld harmless
he City, its City Courcil members, employees, and agents from liability, daims, demands, damages, and costs arising
therefrom if such dispute or action arises solely upon fie award of a Contracl in compliance wilh Heral, state, and local
laws.
emolovee of the Citv of Vernon.
I hereby certify under penalty of perlury under the laws of the Stale of Califomia that the representations made herein
are true and conecl,
City
8F 2 of 39
J
BIDD NG FORIVS
Bidde/s Proposal
R6pectf ully Submitted,
NAIIE OF BIDDER
COMPANY
NAME:
ADDRESS:
CONTACT PERSON:
TELEPHONENUMBER: q01.{1q.1LoL FAXNUMBER:
e-uNt: mboJar*@jen Pu mp . com g bbeurul @ ge n p u mp. eo,n
CALIFoRNIA STATE coNTMcToR's LIcENSE NUMBER: 4qUICS
EXPIMTION DATE: S I3' I16
TAX IDENTIFIGATIoN No.: 1 5' 3551 81L
SURETY COIUPANY:Tiavelers Prooerh &suath : gureh
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 Bidder's Proposal may invalirjate the Bid.
BIDDER'S PROPOSAL - SIGNATURE(S}:
Form of Entity of Bidder
Please check the appropriate signature block below and fill in all related information.
fl Sole Propriaorship:
By
Tfle
Printed name of person signing
Signature
List all d/b/a's:
l-l eartnercnip: E Generat Partner E Limited partner
BF 3 of 39
9a-*e-Lzet
&rnDi ma<, eA gttz3
Michaet B"dar{
)
BIDDING FORMS
By:
Title
Printed name of person signing
Signature
ffi Corporation:
- r, N;ch""l B"dart corporateofficerTite Prai*"i / OireJa- t/ 84,*i)
l--l .rint v.ntrr.,
By
By:
f] Corporaion E
E tndividuat E
Parhership
Printed name oi person signing
Signature
Name of all Joint Venturers:
[f the Bidder is a corporation or a limited liability company, enter state or county of incorporation in addition to the
business address and include an incumbency certificate executed by a Secretary thereof in the form set forth herein
listing each ofiicer with signing authority and his/her conesponding office. lf the Bidder is a partnership or joint
venturer stating that the respective partner or joint venturer agrees to be held iointly and severally liable for any and
all of the duties and obligations of the 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
0ther
BF4of39
,)
BIDDING FORMS
SCHEDULE OF BID PRICES
PRoJECT: oN-cALL sERvtcEs FoR IHE REilovAL, REpAtR AND RE|NSTALLATIoN oF WELL AND
BOOSTER PUMP EQUIPMENT AND REHABILTTATIoN oF PRoDUGTIo]t| WELLS.
BASE BIO
and Contract Documenb relating to the project including
thoroughly famitiar with the terms and conditions of the
performance and the clsts of fie Work at lhe place
to futty perform the Work within the time stated in stict
rnishing of any and all labor, malerials, tools, expendable
ssary to fulty perfom lhe Work and comptete it in a
Dollars $ 181, lLo.oo I
lvllA - Pull and lnspect Equipment
llems below include m he poject site. Shop labor to disassembly
equipment into basic s, and prepared for inspection by City. fne motor
will be sent to a City ting, disasembly and inspeciion. Thii woik includes a
{i!fe1 gummarv.of equipment findings, proposed repairs to incrude repaiicosts, rabor and equipment costs, and
digital pictures of the equipment. No repair \rcrk shall be conducted until the contrator receives written directire
from the City.
ITEM
N0,TEM UNIT QW
UNIT
PRICE
TOTAL
COST
1
Remove Oil Lubrioated Well Pump Equipment - depth ranging
ftom 400 to 450 feet.LS 1 $ ,A,ooo top*
2
Remove Submersible Well Pump (We No. j6)- depth 400
feet, Work includes impection of the submersible cable, motor,
LS 1 $3tw 3,w
3
Remove VerticalTurbine Booster Pump (Booster plant |.h. 1)-
!!9plh of 3s-feet.te
1 E l,5oo l,6b
4
Remove Vertical Turbine Booster pump (Booster plant No. 2
and 3) - depth of 6-feet,tc
1 $ l'r@ l,5oo
5
Remove Vertical Turbine Storm Water pump (Washinglon
Underpass) - depth 2ojeet Include removal and replacement
of the mncrete vault lid.LS 1 $t,tuo ltSb
6
Remove Vertical Turbine Storm Water pump (Downey
Underpass)- depth 40-feet. lnclude removal and replacement
of the concrete vautt lid.tc
1 $1,5@ lr5oo
7
Remove Horizontal Split Case Boosler pump (pump House 2)
- impeller sizes range fom 6 to 10-inch. lnclude disassembly o,
LS 1 $ l,5oo ly5co
Sub-Total Cost for [,]-1A
sfu,5*
BF 5 of 39
J
BIDDING FORMS
Items below include mobilization and demobilization to and fom the projecl site. This 'rork includes shop labor to re-
assemble Euipment, and labor and equipmenl costs. Contretor shill prepare and submit detailed summary loinclude as-built CADD drawing of pump equipment, pump curve, shafr stretih and thrust uearia carclaioni lno
field labor to check rolation and test pump operation. No repair uork shall be conducted until the ionfiactor receives
Mitten directive fom he City.
ITEM
N0.ITEM UNIT QTY
UNIT
PRICE
TOTAL
cosT
8
lnslall Oil Lubricated Wetl pu
from 400 to 450 feet. lnctude
stainless steel Dekon akline, and 1.25' flush threaded pVC
Schedule 80 souMing tube. Equipment imtalled with stainless
steel bandit and buckles.LS 1 ElE,ou $tg,*
I
lnstall Submersible Well Pump(Wett Nol6- Oeptfr+OO teet
Include 400jeet of new %'slainless steel Dekron airline, and
1.25" flush threaded PVC Sctredule 80 sounding tube.
Equipment instalbd with stainless steel bardit and buckles.LS 1 s4ocz.4,o@
10
lnstall VerticalTurbine Booster Pump (Booster plant No. 1)
depth oJ 3&feet tc
1 $?,ga 1,9*,
11
lnstall Vertical Turbine Booster Pump (Booster plant No. 2 and
3) - depth of 6-feet.LS 1 $&9a &,ia
12
lnstall Ve(ical Turbine Storm Water Pump (WashirEton
Undepass) - depth 20Jeet. lnclude Removat and replacefient
of the concrete vault lid ,LS 1 $?,ioo afiu
13
lnstall Vertical Turbine Storm Water Pump (Dowrey
Underpass) - depth 40-feet. lnclude removal ard repleement
of he concrete vault lki.tc
1 s i,9oo &firc
14
lnstall Horizontal Split Case Booster Pump (pump House 2) -
impeller sizes range from 6 to 1oinch.tc 1 s4,ooc 4o-
Su Total Cost for M-18
$
37,Loo
BF6of39
J
BIDDING FORI]IS
M.1C - Rehabilitation
Items below include mobilization and dernobilization to and from the poject site. This work includes shop labor to re-
assemble Euipment, and labor and equipment cosb. No repair work shall be conducted until the contractor receives
Mitten directive from the City.
ITEM
N0.TEM UNIT QTY
UNIT
PRICE
TOTAL
COST
15
NPDES Compliance. Indude lest equipment, flow metens,
delivery, set-up, teardown, and removal/per site. Miscellaneous
items.Per lvlonth 1 do,a S6,0@
16
Bail Oil fmm Well and dispose in accordance with regulalory
standards. Assume Eioht (8) Hours,Per Hour I $JSo g 2ooo
17 Wire Brush 18'to '12' Diameter Pioe (Per 8 Hour Day On-Site)Per Hour 8 $ 51o $4,7ao
18
Airburst Well for Three (3) days at 1,250 psi with four (4) shots at
2' intervah for day's One (1) and Two (2). Repeat at '1,400 psi
with one (1) shol per 2'intervals. PerfoEtions range fmm 500'lo
1400' and cdinos ranoe from 12' to 14".L5 1 $17,@ $17,@
19
Bail sediment from bottom of r rell and dispose of fill. Assume
Ehht (8) Hours.Per Hour 8 s4oo $3,om
20 Mobilize/demobilze the installation and removal of Dual Air-Swab.L5 1 $ba Eb,oa
21
Acid Treafnent from 500' to 1,400. Well Klean preblend shall be
pumped into each 20' zone and surged. A total of 1,500 gallons
shall be assumed. Neutralize chemicals uDon discharqe,L5
1
$2q8a'
$u,u
22
Setup 2,500 Gallon Roll-Of Bin, 200 gpm Trash Pump, 21000
Gallon Baker Tank and 2.5' Piping to Sewer lnlet(Assume
Located within 200' of Well).,|56,la $G,le
23
Utilize 400 CFM Compressor (N4inimum), 4' Drop Pipe, 1.5"
Airline, and DualAir-Swab. Estimate Sixty (60) Hours.Per Hour 60 $ aao 5lA,m
24
Monitor Discharge for Turbidity and Sand Content. Utilize City of
Vernon Water Supply to Treat the Discharge as needed to meet
Citv Sev'/er Water Qualitv Reouirements.LS 1 $2tao $ ,rooo
Video Loo Well.LS 1 $1,2a 5|fu
26
Clean out and dispose ol settled solids in roll-ofi and baker tank.
Remove baker tank and roll-off.LS 1 59,m 5?,eo
27
Injecl 15,000 Gallons of 300 PPltil Sodium Hypochlorite Solution
and suffcient Hydrochloric Acid to maintain a PH level of between
6 and 7. Swab throuohoul casino for eioht (8) hours.tc 1 $L,tu $4tu
28
Sample Water ftom 500', 800'and 1,1m' and test for Chbrine
Residual.L5 1 $ 5oo $5m
29 Build Test Pumo Caoable of 1,500 GPM at a Total Head of 400'.L5 1 $3pn $ 3,m
30 Install the Test Pump into the Well with a Settino of 400'.tc 1 $7,fu $7,:iD
BF 7 of39
J
BIODING FOR[,lS
All sDrk items, labor, materials, tools and incidentals which are not specifically listed In the above bid items, but are
necessary lo complete the proJect per specifications, and all other applicable standards and codes are considercd to
be included in the bid items reflecled above
lf there is a discrepancy between (1) the 'Grand Total Cosf, (2) any of the 'extended costs", or (3) the individud Unit
Price, hen the Unit Price shall control over the extended cost, and the extended cost shall confol over the Grand
Total Cost. lf, however, the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitled, or is the
same amount as the entry for the unit item total, then the unit item total shall prevail and shall be divkled by the
estimated quantity tor fiE item and the price thus obtained shall be the unit price.
(Grand Total Amount)
Title4qazce
Address
Laltt lt5
Date
alar lk
Date of ExpirationLicense Number
(SEAL - if Bid b by a corporation)
Attest
Amount of Certified or Cashiels Check or Bid Bond
3'1
lnstall a 1,25" PVC Access Pipe past lhe Pump Bowt Assembly at
420"LS
1
$l,o@
$r,o*
lnstall Eight lnch (8") Temporary Piping, Eighty Feet (80'), and
Sand Separator to the existinq Storm Drain.LS 1 $7,5a E7,fu
33
Sample Water for NPDES Requirernents and Monitor Water
Quqlity throughout Test Pumping Process.LS 1 g l"w 5l"tw
J+Development Pumping - Estimate 60 Hours.Per Hour 60 $ l5o 5t,ooo
Perform Dynamic Video Logging at Three (3) Different Flow
(100% Maximum, 75% and 50/0.LS 1 $2ooo g 2,ooo
36 Remove Test Pump Equipment.LS I sSaao $5,ovz
37 Remove Pipino and Sand Separator.LS 1 $?.ta $3,ooo
38 Pressure Wash Work-Site.LS 1 $ 5oo $ Soo
Sub-Total Cost for M-1C $ Itl, oro
GRAND TOTAL AMOUNT M.1A, iT.IB AND ]II.IC lUn.t20
t5i Norl^ Acaci" S#el
Name of Bonding Company
BF 8 of 39
J
BIDOING FORI,IS
INCUIIIBEiICY GERTIFICATE
Print legibly the names and tite of the president and all offbens of the Company who are authorized to sign tE Bid
Forms:
Vemon lhat he/she is the duly elected and acting Secretary oi
(the'Company"), and that, as such, hdshe is authorized to execute
this Incumbency Grtifnate'on b<ihalf of the Company, and further certifies fiat the persons named above are the
duly elected, qualifed and acting officers of the Company, holding on the date hereof, lhe titles and positions sel fo(h
opposite lheir names and are authorized to sign the BirJ Forms.
.lN WITNESS WHEREOF, the undersigned has executed this lncumbency Certificate this 2lsl Oay ot-anbcr ,206.
)
PRESIDENT'S & OFFICERS' NAlr4E:TITLE:
1eo /oan.r
BF9of39
sIDDING FORMS
Bid BondBond No-
15
Bid Date; December 22, 2015
BID BOND
RECITALS:
1. Ihe Crty ot V€mon, Calilornie ('CIty'}. h6 issued a Nolico hvithg Bids hI the Wori( desctbed as frrlot',s:
On4all Servaces tor (he Removal, Repair and Reinslallation ot Well and 6oosl6
Co nct No. CS.0636: Pump Eqriprnent ehd Rehabllttetlon of h Vemon' CA. (?rojecl)'
Production Wells
2. ln respfiss to he llotice lnwing Bids, t,
San Dimas, CA 91773, (909) 59!r-9606 [P,indp6l),
has submllted ho accfipanlng gid ts trc Prciecl
3. P,ift+al is ,aqdlod u{d€r fie lsms of fte Spocificabn-ard a[ BiddrE Documents .efer€nced h it-lo tumhh
a bord \,fli lhs Bid.
4. The SpGcifica8on, hduding allils a.mrdmenh fld supphm€nts, ald PrinciPd's gid ae hcorPo.ated inb 0&
8md and made a ped ot it by U[e relerence.
oBLl0ATOi,l:
THEREFoRE, kr valu6 recoivod, we, PrinciPal dld
Travelers
Diamond Bar, CA 91765. (9fi1) 612-3670
a ddy admittod sulety insurer under Califomis's laws. ag ee as fo{ows:
Arthur J.'t 255
ddress, and ld8phoflo)
8y hb Bond, We Fln{y and sovsrdly obligate and bi
siccesors, and assigns to pay city ths penalsum ol
States o, Am6rica.
Ihe California Licensed Resid8r{ Agenl IoI Surdy is:
("SureM,
(41 5) 391 '1500 . Registered Agenl's cslilornia Depadment of lnsuance Llcense No. !Z?!?93-.
THE CONDITION OF THIS BOND'S OBLIGATION IS I
p€riod specilied in the EHdQ oocuments, ol-it no
awar& lhs Cootracl lor lhe Proiecl or (b) sltemd l0
Contracl Cod€ 55'101 et soq,, or any su@ssor b
respome lo Prhcipal's Bid, and wilhio he time and
if n0 p$iod is spedted-ulhin hwleen (14) calon&r d
b City the Contrsct, in accordancs w'th lho 8id as acce
laithful perlornance 8nd popol lulfillnenl ol ths cor ret,
lhe Project, and (c) llrnishe$ lhe required insursnce, hen
remaha in fu! fordo and €ffed, and [e lollowing tems and condit:ons 4ply b his Bond:
1. SurEly's obl(lalions und€t his Bond ars sepalale. hdependont kom, md not contrueot upon any other.sulet/s
guariteeing-tlrat upon Ciys ararding he C;iract to Ptiichsl $e Pdncipilw[l onlo, into the Coltlad with City
2, No ,Eht ol aclion acquss on hb 8ofld b any 6nt'ty oher lhan Cify or ils s,@ssors ard asslgos
3. lf an aclion at lav/ or ln oquity is necessary to en(orcre or i0t€rprot lhiE Bond s lsrms, Surely musl pay- in addition to lhe
Bonded Suft- Ciys (easo[abh alhneys' lees and lthaUon coEts, ln al amount th€ clurl lixes.
BF 10 ol 39
EIOOING FORMS
4 Surotv shal mail citv writlea nolice at hasl 30 days Dolore: (a] lho eflecli€ date on uhidl he suroty willcancel,
hrmiak. or wffidori fiun lhis Eond; or (b) hls Eond b*omg3 void or ueflfot@abh lor any roason'
PRINGIPAL:
By:il;chacl BodarL
Addr€ss lor Serylng Noiices or OhGrDocumenb:
SURETY:
ll.: Attomev-ln+act
(fldol
Addres! for SoHIng Notlces ot Ohor Documenb:
21688 Gatewav Center Drive
Diamond Bar, CA 91765
CORPORATE SEAI
America
ffitlo)
CORPORATE SEAL
EIIDEN}E wsf BE ATIA?HED oF Il]E AUrHoRrIyoFAl',yPERsorr s,6lv,t',GAs AII0RlvEy.ll,.FAcI,
fHE ATTORTIEYIN.FACTS SJGilAruRE ffUSI BE NOIARI7fD'
nioiponarz vetfi{rsr BE ,ntpRESSED Al THIS FORM WtlEN THE pRtNClpAt oR THE suRETY,
OR SOIH, ARE A CORPOBANON,
BF 11 ol 39
,\
Or ths dato 3et forth bolol\,, Prlnclpal and Sur6ty duly oxecut€d thlg Bond, wilh he namo of oach pa(y
ippeaiing ieroranO clgned by its rcPr$entatlvo(si und;r lho autholity of ltE govqming body'
December 18, 2015
-
,.)
,l BIOOING FORMS
BOND ACKNOWLEOGMENT
FOR
SURETTS ATTORi{EY.IN.FACT
See Aftached Loose California All-Purpose Acknowledgment
STATE OF CALIFORNIA )
) ss.couNTYoF )
0n lhis
-
day ol
belorc me, _
20-,
_---(mme), a Nobry Pudic for safi, county,
personally appeated
basis of satislelory evklence to be the persofl whose name ls subscribed to lhis inslrument as the attomey
in faot ol
narn6 o{
and acknowledged lo nE that he/$8 subscribed the
thoreto as princlpal, and his/he own name 6
athrnoy in fact.
I corllfy under PENALTY OF PERJURY unde.tho laws ol tho 8t016 o, Calllomla that tho tor0golng
paragrsph iB true and corect,
Notary Public
Sr" A+ho*,1SEAL
.)
EF 12of39
A notary public or other orficer completing this certmcate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity ol that document.
CALIFORI{IA ALL.PURPOSE ACK'{OWLEDG EIIT crvrLcoDEs r189
State of California
County of San Francisco
On December 18. 2015 before me, K. Zerounian, Notarv Public ,
Date
personally aPpeared
Here lnsert Nafirre and ntb of the Officer
L. Tolentno
who proved to me on the basis of satisfactory evidence to be the person(€) whose name(s) ivaf€
subsiribed to the within instrument and acknowledged to me that hdshe/th€f executed the same in
hie/her/thei+ authorized capacity(io6), and that by hi€/itLr/th€* signature(€) on the instrument the person(c),
or the entity upon behalf of vvhich the Persong acled, executed the instrument.
I cedify under PENALTY OF PERJURY under the laws
of the State of Califomia that the foregoing paragraph
is true and correct.
WITNESS
Signature
Place Notary Seal Above
OPTIONAL
Title or Type ot Document:
Number of Pages:
-
Signer(s)Other Than Named Above:
CapacigGesl Claimed by Signer(s)
Signer's Name:Signer's Name:
Though this section is optional, completing this information can deter alteration of the document or
fmudulent reattachment of this form to an unintended document'
tlescri ption of Attached Document
E Corporate Officer - Title(s):
EPartner - tr Limited D General
tr lndividual E Attomey in Fact
Document Date:
I Corporate Olficer - Title(s):
a Partner - . Limited - General
Ll lndividual f Attomey in Fact
tr Guardian or Conservator! Trustee
fl Other:
! Trustee
n Other:
tr Guardian or Conservator
Signer ls Representing:Signer ls Bepresenting:
Name(s) of Signe(s)
( zEBoul AN
Commrssion # 2029311
[otery Public - Calllo,r*r
San Francisco Courly
Comm. Expiros Juo 29,2017
@2014 National Notary Association . www.NationalNotary.org . 1-8OO-US NOTMY (1-80&876-6827) hem #5907
f1
TRAVELER
PO\ ER OF ATTORNEY
f armitrgtor Casuslty ComPlrly
Fid€lfty etrd Guaranty hsurallcG CompaDy
Ftdelity rnd G['mDty l!.sumDce Undcrwriltrs, Irc.
St. Paul Ffue rnd Merinc Insur.nce ComPdry
St. Paut Gusrdian Insuren(c Comptny
St. PsuI Mertury Insrience Company
Ttavelets Cesualty and Sullly ComPatry
Tievelers Cssurlty end Sureay ComPany of AEerlcc
United Ststas FideliB end Goara y Compeny
Attomey-In Fact No. 229166
certincar€No 006486504
I(NOW ALL MDN EY THESE PRESENTS: Thar Faflnington Caiuatty Company, Sr. Paul FirE and Marine Insurance ComPany, St. Pbul GuardiaB Insulatrce
Compxny, St paul Mercury lnslrranc! Company, Travelers Casualay and Suety Cornpany, Travelcrs Casualty aod Su€ty Compa[y of furerica, rrd United Statc6
Fidelity and GuaraDry Company ere corporatro$ duly organiz€d under the laws of the Stale of Co Ecticut, that Fidclity and Guaranty lr$uraDce Campaly is a
corporation duly organiz€d under the laws of the Star€ of lowa, atrd thar Fidelity end Guaranty Insurance Lrndcrwricrs. Ioc., is , corPoratiotr duly orEaniz€d under tbe
laws of fte State of Wisconsin (herein mltredively caued the "Comparies'), atrd tlHl the Compani€! do herEby make, constiErt€ and appoitrt
Susan Hecker, Maure€n O'Connell, Robert Wrixon, Brian F. Cooper, tvt Moody, Betty L. Tolfitino, Janet C. Rojo, Virginia L. Blaclq K. Zerouniao,
and Kevin Re
of the city of San Francisco , surc or Califomia , iheir tsue and lawful Att6ney(sFin-f.act,
each in their s€parate capeity if morc than orrc is oamed Ebove, to sign, execute, s€Il and ackmvl€dge aDy and rll bonds, recog[i?.nc.r, conditiodal u.Ddedakings ald
other wrirings obligatory in rh€ oaErre thcreof oo behalf of tfie Compani$ in thefu busircss of guaranLeing the Ed.lity of pdsons. Suaratrt cing the performar.r of
confracis and executing or guarant€€ing bonds a.trd undertakings required or Frrrlitted in ally adions or prc€€dings allowed by la*.
caN€d rhis insEuoc't ro be sigrEd and rh.k cdporate seals !o be lEr€lo afired, this lTth
Farminglon Cssuelty Comp.ny
Fidelity atrd Gurratrty Indurrntr Company
Fidelity rtrd Gueranty Insur?D.c Undciflrrtc.$, Inc.
St. Paul Fire Itrd Marine INuratrc€ Compf,ny
St. Paul Guardien IDsur.ne Codrpdty
St. P.ut Menury Imor ce Compeny
Tisvclers Cssrshy rnd SuEty Codpetry
Trevelers CasurltJ etrd SuEty Comprny olAtrPfi:s
UEitld Ststas trideltt, rtrd Guar$rty CoDPary
@ @@@ffi@@@ @
Stare oI Comqxicut
City of Harddd ss.
on lhis rbe lTth day of August , 2015, 661src rDe pcrsonalty apFaltd Robc( L. Raney, who rcloowtedg.d hirrrseff to
b€ the Senior Vice P.E{iden( of Farmington Casualty Company, Fideliry and Guaranty lnsurarce Compafly, Fidelity a Guranty lnsoranc€ Underwriters. lDc., St Paul
Fir€ and Mario€ Iosumnce Company, St. hul Cuardiafl Insurance Company, St- Faul Mercury hsuratrc€ Company, Travel€rs Casualry and Surety Compriy, Travekrs
Casualry and SurEty Conpany of funerica, and United Stares Fidelity and Guamnty Cornpany, and that he, as such, being authorized so to do, exe.uted th€ foegoing
instrument for rhe purposes therein conEined by signing on behaf of the corpontions by himself as a duly Authorized officer.
h Wilrc Wte of,I her€unro set my hand atrd officiel s€€L
icommission erpircs fie loth day ofJune.2016.t'
58440-&12 Pnnred in U S.A.
OF ATTORNEY IS INVALID
By
Rob€n L Rarey. *niot Vice PrBid.nr
Mee C Tel6ult, Nolary Public
CALIFORI'IA ALL-PUBFOSE ACKNOWLEDG ET'T crvrl coDE s 1189
A notary public or other officer completing this certificate verifieG only the idefltity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Califomia Los Angeles
County of
on December 22. 2015 before me, Bonnie Brunel. Notary PublicDate Here lnsert Name and Tttle ot the Officer
Michael Bodartpersonally appeared
Name(s) of Signeis)
who proved to me on the basis of satisfactory evidence to be the person(sf whose name(s) iVre
subscribed to the within instrument and acknowledged to me that he/eheAh€y executed the same in
his/hr/thi. aulhorized capacity{ie), and that by hiyh€rAheir signatureF} on the instrument the percone,
or the entity upon behalf of which the persone aded, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and corect.
WITNESS my hand and official seal.
Signatu
Signature ol Notary Public
Place Notary Seal Above
OPTIONAL
Though this section rs optional, completing this information can deter altention of the document or
fraudulent realtachment of this form to an unintended document.
Description of Attached Document
'l'itle or Type of Document:Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capaciv(iesl Claimed by Signer(s)
Signer's Name:Signer's Name:
ll Corporate Officer - Title(s):I Corporate Officer - Title(s):
Cormilaion , 19S522
ihwy ftalc - Cdlo.rll
Lo figdr
:l Partner - f Limited I General
I lndividual - Attorney in Fact
a Partns - tl Limited I General
r- lndividual I Attomey in Fact
I Trustee Guardian or Conservator . Trustee - Guardian or Conservator
al Other:- Other:
Signer ls Representing:Signer ls Representing:
@2014 National Notary Association . www.NationalNotary.org . 1{m-US NOTARY (1-800-876-6827) ltem #5907
BIDDING FORIIS
BIDDER'S STATEMENT OF QUALIFICATIONS
1, ORGANIZATION
1.1
1.2
How many years has your organization been in business as a Co ntncto(? L5
How many years has your organization been in business under its present name?..141-
1,2,1 Under what other names has your organizalion operated?
'1 3 lf your organization is a corporation, answer the lollowing:
1.3.1 Date of incorporation lorganization: t15L
1.g.2 State of incorporation torgantzation. C4li4*nia
1.3 3 Corporale lD numben c lol-1820
1.3.4 Name of President:t4;chort B"dorf
1.3.5 Agent for Service of Proc€ss:
14 lf your organization is a pa(nership, answer the following:
1.4.1 Dateof organizalion/formation:
1.4.2 Type of partnership (if applicable):
1.4.3 Name(s) of general parfE(s):
1.4,4 List all states in whiclr you are registered and state lD numbers for each:
1.5 lf your organization is individually owned, answer the following:
1.5.1 Date of organization:
1.5.2 Name of owner
'1.6 lf the form of your organization is other than those listed above, describe it and name the
principals:
BF 13 of 39
J
or license numbers, and calegory of license, il applicable.
BIDONG FORI'S
LtcEilslitG
List jurisdictions in which )our oEanizaton is legally qualified to do business, indicate regisbatim
2.
2.1
3.
3.1
List any licensing suspensions and/or violations assessed against your organization within he past
five years.
/,lode
EXPERIENCE
List the categories
personnel.
organization normally performs with own
4
3,2 On ttE Experience Form, list the proiect information that establishes that Bklder meets the
essential requirements for qualification set forth in fte iilandatory Qualifications paragraph
of the Nolice lnviting Bids for this Project. Se H.lr&d grfzrr.rrt
o/ goot $t +it"s
3.3 On a separate sheet, list projects to which your firm or business has been awarded a
government contret sirrce your firm or btEiness has been in existence (giving the name
and address of the proFct, the govemment agency, contact name and phone numb€r, the
contract amount, and contracts starting dale and ending date).
3.4 0n a separate sheet, list the experience and presenl commitments of the key individuals
of your organization. Sce rgtf oA"J r?S.t rr€s
Cl-Al]{S; I-AWSUITS; CRIilINAL ACTS
For the following questions, the term 'owne/ does not irrclude owners of stod( in your firm if youl
firm is a publicly{raded corporation.
4.1 ln the past fve (5) years, have, you, your firm or any of its owners, partners, offic€B, or
employees been a defendant in court, or participated in an arbitration or mediation, on a
matter related to: N o
4.1.1 The performance, non-performance, default, violation, or breach of a contracl or
agreement?
tr ves E[rc
BF 14 of 39
a\
Work that
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OUALITY
THE (GENERAL PUMP" WAY
Two (2) Pump Engineering Centers to better serve the Southern California region
- San Dimas and Camarillo - Because of close proximity to the City of South
Pasadena, GPC can respond to unexpected issues quicker. GPC's San Dimas Facility
proximity to your well and pump systems saves 2to/o to 4O'/o in labor / equipment
cost due to reduc€d response time-
More Annual Maintenance Contracts (with renewal option) than all of our
competitors combined for the Southem Califomia region.
Key Management Personnel as well as Qualifred Technical and Support
Personnel.
Maintains a full service machine shop, clean and safe rigs and cranes which
provides for reliability, quality workmanship and safety. Also utilizes
specialized equipment for chemical heatments.
Water Flush Pumps - The City of South Pasadena operates this special type of
pump- General Pump engineered the pump and uses proprietary parts, which
are manufactured in our San Dimas Facility.
Certified to sell and service Byron Jackson pumps and motors in Southem
Califomia.
Competitive prices per our Published Rate Schedule. Discounted rates for all
annual contracts. Engineering services are incladed in our rates. All repairs include
a one-year waranty for wo*nanship, malerial, and Engineering.
Performs more than 98Plo of all AirBurs(D procedures in Southern Califomia.
AirBurst@ has successfully cleaned the Cities' wells without damaging the well
screens.
Utilizes a unique Well Profiling process to help solve well problems from
sanding, lost production, and water quality issues. Our goal is to evaluate issues
ariar to pulling pump equipment.
Responsible for giving out thousands ofContinuing Education Units (CEUs) through
our seminars.
Best safety record in the industry.
4
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STATEMENT OF QUALIFICATIONS
CAPABILITIES
General Pump company, Inc. is a Professional well Redevelopment and Pump, Equipment
contractor located in'san Dimas and camarillo, califomia. The Engineering staff, field support
and service crews, and office support staff are l0o% dedicated to well evaluation and
rehabilitation, and pump equipment evaluation and services.
The technical staff at General Pump company, Inc. has worked in almost every aspect of the
well and pump industries. This diverse experience provided us with unique qualifications to
serve our customers and provide them with solution-oriented approaches to get their system back
into operation. our englneers and Hydrogeologist have all worked in the drilling and design
segment of the water, and/or oil and gas industries, and many of our shop and support
technicians have worked for major pump manufactures.
General Pump Company, Inc. employs only experienced Engineers, Hydrogeologist and
Technical Field Personnel that can offer Customers assistance in the following areas:
. Assess Well Yields to Minimize Operating and Maintenance Costs
o Determine the E{Iiciency of Production and ASR Wells and Pumps
. Engineered Pump and Well Equipment
o Pump Facility Design and Construction
o Booster Facility Design and Construction
. Pipeline Design and Construction
. Appropriate Mechanical and Chemical Redevelopment
. Periodic Monitor and Maintenance Programs
o Water Qualig and Production Solutions
. Wsll System OPtimization
. Engineered Pump Suctions
. Pump and Motor Repair
. Custom Pump Design and Machining
. Electrical, SCADA and Transducer Support
. Casing Repair and Swedging
. Video and Geophysical Logging Support
General Pump Company, Inc., an Engineering Service Company, is dedicated to supporting the
ongoing needs of the Water Industry, and committed !o providing:
. Solution-oriented engineering using problem-solving techniques by degreed _Engineers
and Registered Geoi-ogists with diverse well system and groundwater experience, and
pump application engineers from major pump manufacturing companies'
. iull-time machine shop, staffed with experienced personnel capable of building and
repairing standard and custom pump equipment and specialty products'
.\
C AP ABILITIE,S (C o n t inue d )
rSelf-containedchemicaltrailerstoincludesafetysuppofiandoperationalconlrols'
. Trained and certified operators for periodic monitoring and maintenance programs
o In-house training facility and training programs for customers and our own personnel'
. Strong project and construction management for any size project'
. Instant-communications with cellulai radio/phones for all stafl engineering, technical,
n"ta ana shop personnel' resulting in better services at a reduced risk and overall cost'
. Modem, safi and reliable equifment with the @! Telescoping Well Rigs in the
industry capable of effective redevelopment of wells in pump houses; and'
SAFETY
Safety involved' A good safetv T*{ ]t 'i.ryl1talong eral Pump Company' Inc' has the best satety
record I and pump rehabilitation business' Over the past
,"u"n y"".", General Pump Company, Inc. has had mlnimal 1oss of time for work related injuries
ANNUAL CONTRACTS
Award ofan Annual Contract is a great honor and to have an Annual Contract renewed year after
V.* i. ,t" greatest complement tJ a service comPany' It proves that the contractor has met or
exceeded tlie customers' set goals and expectatilns General Pump Company' Inc has been
r.f""t"a Uy over 45 cities in -southem Califomia to maintain their well and pumping systems'
Additionaily, General pump Company, Inc. is the primary contractor or sole-source contractor
foi tS prir"ie utilities and wate. di.tri"t . M ,st oi these are multi-year contracts having been
renewed several times over.
MACIIIIYE SHOP CAPABILITIES
General Pump Company, Inc. is the only well .4 -pu- p Service Company in Southem
Cuiifo*i" tnai Uuitds t Oir'2" of our bowl assemblies. This level of expertise, along with our in-
housemachines,allowsustosupplyorrepairwithagreaterlevelofknowledgethatyourpump
equipment will be reliable and efTicient.
our repair and fabrication facility maintains the most complete line of lathes, welding and
associated machining tools'
General Pump company, Inc. has an expansive repair and fabrication facility. This facility has
proven to be- invaluabll over our 60 ylars of business, since many pump and motor repairs
Lqui.e a strong interface between machining, welding and electrical support in order to be
completed. WJhare three major groups within our repair and fabrication facility that allow us to
serve your needs in a variety ofways:
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MACHINE SHOP CAPABILITIES (Continued)
o Fabrication and Mschining: Including lathes, milling machines, grinders, balancing
machines, flame welding, gas and electric welding, heli-arc, etc. We perform welding on
steel, aluminum, brass, cast iron, rcsurfacing, and custom work.
We repair all types of pumps by all manufacturers in our facility up to approximately 24-
inch impeller diameter for single and multi-stage Horizontal Pumps and 30-inch diameter
for Vertical Turbine Pumps.
o Assembly: ln general, the pumps we supply are designed and manufactured by General
Pump Company at one ofour Engineering Service Centers. Assembly of pumps assures
the highest quality product, with the assurance that it is built correctly and will meet the
design criteria specified.
o Field Services: This service has helped us establish ourselves as well and pump problem
solvers since many operational problems can be traced to poor installation practices.
Having the proper diagnostic equipment and knowing how to use it distinguishes us as
"The Leader in Well and Pump Services".
Precision Alignment - We'ye invested in the latest Precision Alignment technology
and have established a growing list of customers who use us for these servicrs.
Removal. Installation. Mechanical and Startuo - We perform field-testing,
removal, installation and machining services to offer a tumkey pump service.
General Pump Company, Inc. can provide you with high quality workmanship to meet your
water supply needs. Our highly skilled employees can also perform repairs on many types of
well and booster pumps.
Pump Reoair
Booster
End Suction
Horizontal Split Case
Vertical Turbine
Right-Angle Drive
Imoeller Rebuilding
Balancing, Trimmed
Eyes & Flanges
Sleeves Made:
Threads and Tappine
Mechanical Seals
Bronze, Mild Steel, Stainless
Steel
Electric Motors
Machine Shoo
Shaft Manufactured: Pumps & Motors, Precision
Straightenin g, E lectrical Motors
Re-Machine Seat, High New & Overhauled, Rewound,
Pressure, High Balanc€d, Custom Bases,
High Temperature Shaft Repaired Upgrades
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EOUIPMENT AND FIELD SERVICE
General Pump company, Inc. maintains a full service machine shop, clean and safe rigs,.and
cranes are a minimum requirement for retiability, quality workmanship and safety. Specialized
equipment for chemical treatments is also important.
General Pump company, Inc. has several tmcks fully loaded with essential equipment to handle
many urgent iepairs in ihe neta. Our well and pump service crews are always ready and willing
to assist-your Water Utility with making a repair to keep your well and boost€r facilities running'
Just let us know and we will be on the way, ready to provide you with the highest quality service
available.
General Pump company, Inc. has the newest fleet ofrigs and equipment in Southem. califomia.
Maintenance and repairs are made at our San Dimas Facility to make sure our field operations
can safely and efficiently respond to our customer's needs. Below are the benefits to our
customers-
. Reliable work - In water emergencies, it is important that this large equipment is ready to
respond without breakdowns'
. Saiety - Our new equipment is not likely to malfunction resulting in major damage or
possible injuries.
. The most up-todate equipment to assemble the Customers' pumps'
General Pump company, Inc. has the only telescoping pump rigs in Southem california.
General Pump company, Inc. has chemical treatment equipment with fully operational safety
equipment ttrat inctuAes eyewash and shower, along with other special redevelopment tools,
,"'t i"tr utlo* General Pumi Company, Inc. to perform the most cost-effective cleaning to your
wells.
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PROFESSIONAL REFERENCES
BecauseofGeneralPumpCompany'slonghistoryinSouthemCalifomia(over50years),we
h"re s"lect"d Seven (7) ciiies as refeience, of "i.il". "nnual
maintenance projects to reference'
As we described above in our Proposal, General Pump Company, Inc' has been selected by 45
cities in Southem Califomia to mtintain their well and pumping systems' Upon your request, we
can submit additional cities or additional information on other annual contracts.
City of Ontario - Tom O'Neill
Annual Contract
City ofAzusa - Steve Seffer
Annual Contract
City of Arcadia - Craig Clark
Annual Contract
City of Westminster - Scott Miller
Annual Contract
City of Srnta Monica - Gary Richinick
Annual Contract
City of Glendora - Steve Patton
Annual Contract
City of Cerritos - Charles Emig
Amual Contract
909-395-2676
2002 - Present
626-334-0414
1996 - Present
626-2s6-6583
2003 - Present
7t4-E95-2876
1995 - Present
310 826-6712
1979 - Present
626-9r4-8249
2002 - Present
s62-916-122f
2013 - Present
P mes and phoning numbers for other.General
P holders' We can also supply you. with a list
o d who regularly contract direct with General
Pump Company, Inc.
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TEAM ORGANIZATION
Slep 1: Calls for service are taken by one of our engineers. This step is important and
based on the issue may require further field inspections, testing, evaluation of data (City
and GPC), and a meeting with one ofour experienced engineers'
Based on our evaluation, we will submit options for the City to consider. Each option
requires a discussion of xis& BeneJil, and cast As more information and test data
becomes available, the course of action may change- Each change requires GPC's
engineers to reevaluate and discuss options.
CEO/Mechanical Engineer (45 years experience): Reviews overall projects and direction
ofthe company and ii involved in the more complicated system or pump design projects.
President/Director of Engineering (30 years experience): General oversight of all GPC
Fojects and project management team, and engineering.
Project Managels / Engineers (20-30 years experience) (outside)i Meet with customers,
prepare soluti;ns and options, and evaluate system problems along with pump and well
problems.
Project Matagers / Engineers (5-t5 years of experience) (Inside): Answer customer's
technical qrr""tion., perform engineering, support outside project marurgefs / engineers,
and work closely with our field foremen, job plans and schedules.
operation Manager (30 years of experience): General oversight of freld and shop
operations; incluJes quality control, technical assistance, and equipment allocations for
proj ects.
senior Pump Engineer (30 years of experience): Performs detailed engineering
evaluations, pump inspections, and submis recommendations to Project managers /
engineers.
Hydrogeologist (20 years experierace,).. Reviews well rehabilitation pro€esses, down hole
testing, and submits recommendations.
Field Technicians, Foremen, Electricians, Certified Welders, Certified Crane Operators,
and 4T-hour HAZMAT certified (10-j0 years experience): Play an important role in the
job planning, inspections, quality control, and solutions to the issues being discussed'
General Pump company acquires only professional and experienced persoffrel to service
our customers.
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WILLIA}IM. TWEED
Academic
Backgrcund Mechanical Engineering, Dean's Honor List (1983) - University of Dayton
Post Graduate Courses, Business and law - Wayne State University
Post Graduate Courses' Business - Cal State Fullerton
Professional
Experience General Pump Companv. Inc.
CEO / Owner
Johnston Pump Comoanv. Glendora, California
Director of Marketing' Parts & Service
1974 - 1980
Instrumental in increasing the divisions from 7 facilities to 13; and increasing sales
from $l I million to $ l8 million
Established a Regional Manager Network
Developed an Intemational Sales Force and a Service Facility in Singapore'
Established a Nuclear Repair Facility in Tennessee
Other positions held during this period include:
General Manager of Canadian Operations
National Manager of Parts and Service
District Manager, Mobile Service Center
West Coast Sales Manager Parts & Service
Sales Engineer
Studebaker Worthington Corporation' Detroit - L.A.
District Engineer
1970 - 1974
Was responsible for the industrial service pumps' compressors and engines' Was
responsible for sales, assigning, coordinating and solving problems of field service
personnel.
MOSSER CONSTRUCTION, CLEVELAND, OHIO
PROJECTENGINEER
1968 - 1970
Scheduling and layout of construction projecs.
J
MICHAEL G. BODART
Academic
nr"*g;r"a Bachelor of Science in Civit Engineering (19E3) University of Missouri .. ^post Graduate c.E. courses in Gohydrology, University of southem california
Certificstions
1999-Byron Jackson Training Certificate
1998-Grade 1 & 2 Distribution and Treatment Certificates
I 998-Engineering "A" License
I 995-Dale Carnegie Course
1995-Mackay Pump Rehabilitation Certificate
1992-Golden State Pump Technical Training Certificate
190-Completed Graduate C.E. Courses in Geohydrolory at U'S'C'
1986-Layne & Bowler Pump School Certification
l9E6-Baroid l-week Drilling Fluid Technology Course Certification
l985-National Water Works Correspondence Course Certification
Professional
Experience General Pumo Comnanv. Inc-
Director of Engineering / President
1993 - Present
Lavne Westcrn
Regional Engineering and Sales Manager (4 oflices)
1985 - 1993
Federal Hiehwav Administration
Civil Engineer
19E3 - 198s
Professional
Presentations Michael G. Bodart (Mike Bodart) is recognized as an expert in the field of pump
engineering and well rehabilitation in southem Califomia. He has been invited to speak
foinumerous professional water related associations and conventions'
Has been speaking professionally for more than 22 years and has presented in
nationally known issociations such as AWWA, Tri-State, Southem Califomia Water
Utility Association, Inland Water Works Association, Gmundwater Resources
Association and Central Coast Water Association.
In 1992, Mike was part ofa selected six-person panel engineers who met in Kansas city
to assist in training nationwide engineers in the water well pump business'
TIIOMAS A. NATICHY
Academic
Background
Professional
Experience
Citrus College
Victor Valley College - 1978-1980
General Pumo Comoanv. Inc.
Project Manager
2012 - Present
Lavne Christensen ComoanY
2012-2001 - Account Manager
2001- 1992 - Shop Foreman
1992-1988 - Installer
Mc{alla Bros.
1988-1982 - Drill Rig Helper, Pump Installer
Professional
Afiiliations American Water Work Association
National Groundwater Association
Inland Counties Water Association
Certilications Byron JacksonTrainingCertificate
Goulds Technical Training
Baroid - Drilling Fluids Technology Course
Cla-Valve Training Certifi cate
Certified PumP Installer (AWWA)
Golden Sote - Pump Technical Training
Certified Pump Insaller for large Water Systems (NGWA 2014)
Summary Tom Nanchy has been in the well and pump industry for over thirty (30) years'
Throughout his professional career, he has been involved with hundreds of well
rehabilitations and is highly regarded in the industry. His wide range of experience
allows him to solve many difficult well and pump issues and provide options He has
also spoken at many professional organizations throughout Califomia with regards to
well maintenance ard well rehabilitations.
J
GLENN LUBBE
Professional
Experience General Pumo Comnanv. Inc.
Project Engineer
Evaluation, design, and quoting repaired or new equipment for pump applications.
Review project specifications and prepare submittals for engineered projects
including as built drawings. Coordinate projects and commtmication between field
crews, vendors, and customers.
General Pumo Comoanv. Inc.
Assistant Project Engineer
Review project specifications and prepare submittals for engineered projects
including as built drawings. Assist in project coordination and communication
between field crews, vendors, and customers.
Academic
Background Bachelor of Science, Civil Engheering, Califomia Sate Polytechnic University,
Pomona
Educalional background includes:
o HydraulicEngineering
o Water Supply Engineering
. Engineering Geology
o AutoCAD aod other drafting software
o Fluid Mechanics
Professional
Qualilications Engineer in Training (EIT)
RICHARD TRUJILLO
Acadenic
Background CitrusCollege
Profesional
Experience
Certifications
Summary
General Pumo Comoanv. Inc.
Project Manager
Provides hands on field inspections, evaluations, and recommendations for well
maintenance and rehabilitation projects. Coordinate projects between field crews,
vendors, and customers. Evaluates and quotes project repairs or new equipment for
pump applications. Review project specifications and prepare submittals.
Lavne Christensen Comoanv
Account Manager
Foreman
Byron Jackson Training
Goulds Technical Training
Baroid - Drilling Fluids Technology Course
Cla-Valve Training Certificate
Golden State - Pump Technical Training
Hazwoper- Certified
Crane Certified
Richard Trujillo has been in the well and pump industry for over fifteen (15) years.
His wide range of experience allows him to identify and resolve many difficult well
and pump issues. His work in both field and management makes him a key asset to
well maintenance and well rehabilitations projects.
1
MARKR HAAS
Professional
Experience
Academic
Background
General Punp ComoanY. Inc.
Project Manager
I 0/2003 -Present
- Field Service Technician
- AirBurst@ Operations - to include R & D for Frazier Industries and Bolt
Technologies for air gun operations and functionality.
- Certified Crane Operator.
The Tin Shack
Owner, Machinist, Fabricator
8/1991 - 10/2003
- Tool & Die Repair; Injection Mold Repair
- General Sheet Metal Fabrication for Automotive & Aircraft
- Precision TIG Welding; Gas & Arc Welding
- Industry Related Manual Lathe & Mill Work
Oranse Countv Fire Authoritv
Reserve Wild Land Fire Fighter
1999-20fi
- Certified Helicopter Base Manager and Tralfic Controller
- Certified Operation/Trainer for Crew Bus & Fuel Tender
- EMT-P & EMT-I Trained
- Technician Rated - Infectious Disease & Hazmat
Eastmatr Kodak Co.
Field Engineer
1988-1995
IBM Corp
l98l -r 988
- Technical Specialist for Reconditioning Center
- Field Specialist for Southem Califomia - North Region
Fullerton College
Educational background includes:
- Business Law; Machine Shop Practices
,1
MICHAEL R. GARCIA
Profession al
Experience
Academic
Background
General Pumn Comoanv. Inc'
Project Engineer
Work alongside Project Manager to ensure progression and completion of pump
projects. i.eview project specifications and prepare documents for engineered
irojects including as-built drawings and field crew instructions. Assist in project
coordination and communication beween field crews, vendors, and customers'
Loyola Marymount University, [os Angeles, CA
Master of Science in Mechanical Engineering
Educational background includes:
o Fluid Mechanics
o Materials Science
. Heat Transfer
University of Redlands, Redlands, CA
Bachelor of Science in Physics
Educational background includes:
o Thermodynamics
. Quantum Mechanics
o Scholar Athlete
o Electronics
. Advanc€d Lab Science
. Computer Programming Software
JAMES M. HINSON
Professional
Expcrience San Dimas, California
roiect Coordinator
1989 - Present 'teering' evaluation andAssists engineering and customers with pump system englr
recommend--ations.
-Conducs systems analy "t, d"fine new and/or replacement hydraulic
iequi.em"rrt", design to procurement of materials' provide customer with job pricing
qultationr, scheduli crew iasks and man-power on a timely basis'
Johnston Pumo Comoanv, Lm Angeles, Service Center' Pomona
Service Technician/inventory Controller
1987 - 1989
Controller, Vertical Turtine Pump Division - As a Service Technician' performed
norn"rou.'au,l". that inctuded put"t ^ing agent and manager of the Company's service
""rt"t.. As Inventory Controller, managed and coordinated equipment and parts
distribution to regional sewice sites, and for inventory reports on personal computer'
1985 - 1987
Service Technician - Geothermal Services Division' Worked with customers to determine
s, engineering solutions, and to trouble-shoot problems' Provided 24-hour
WeGmUnitedStatesardcverseasDefinedpre-assemblyrequirements'
sup n and start-up for geothermal down hole pumps Recognized as one of
the men in this field.
1983 - 1985
fnr"*of -Con*ller
and Service Mechanic Duties required skill in inspection and
;;*;,ly oi alt major makes and models of vertical turbines, mixed and axial flow'
centrifulal and sump pumps. Handled basic shop machinery and operation functions'
Achieveld one ofthe most successful inventories in the Service center's history in 1984.
1980 - 1981
Parts Coordinator. I-ogged and recorded incoming shipments, shipped parts to domestic
and inGmational destinations.
1980
Service Mechan ic Trainee
Los Anqeles Liouid Ilandlins Svstems. Gardena' California
Service Mecbanic / Field Service Representative
1982 - r983
Handled customer relations and all field service calls for pump distributor' Responsible for
teardown, inspection ng necessary repalrs'
while the company's repaired a variety of
pump twes, su;h ;s: iaPhragm PumPs and
Liquiflo horizontal PumPs.
,t
DANIEL J. PICHARDO
Professional
Experience
Academic
Background
Professional
Qualilications
General Pumo Commnv. Inc.
Applications Engineer
Coordinate with project managers, operations manager, and senior applications
engineer for materials procurement for all existing projects. Communicate with
vendors and customers for timely delivery. Maintain safety manuals for
continued safety compliance.
Atlas Environmental Engineerins. Inc.
Staff Engineer
Prepared and submitted regulatory monitoring and site assessment reports'
Conducted site inspections for hazardous tank certifications and spill prevention,
control, and countermeasure plans. Developed structural analysis
spreadsheetVsummaries to evaluate seismic and structural integrity of structural
tank systems. Performed groundwater, air, and soil sampling actiYities and
reviewed laboratory analytical results for continued site monitoring and status
evaluation.
Bachelor of Science, Civil Engineering, Mathematics Minor, Seattle University'
Seattle, Washington
Educational background includes:
. Wat€r Resources Engineering. Fluid Mechanics and Applied Hydraulics. Soil Mechanics and Engineering Geology. AutoCAD, WateCAD, HEC-RAS, HEC-HMS
Engineer in Training (EIT)
HAZWOPER Certified
)
FERNANDO IVIUNOZ
Academic
Backgmund
Professional
Experience
Professional
Qualilications
Mechanical Engineer Training (197E - 1980) USC, Los Angeles, Califomia
General Pumo Comoanv. Inc.. San Dimas. California
Quality Control / Operations Manager
l9E5 - Present
Responsible for quality control, ensure pumps are ready for installation, scheduling
and management of shop and field production crews, and day-today management of
those Company areas.
Pump Technician and Pump Machinist - Disassemble and re-assemble pump,
equipmenq equipment evaluation and staff training of pump equipment. Field
expertise in dual indicator alignment as well as pump, bowl, head shafts and column
pipes; horizontal pump specialist; and expert in well chemical treaunents and
disinfection.
Senior Field Tech - Operates various rigs and 40-ton crane rig, and troubleshoots
various types ofpump equipmen! well issues and electrical panels.
Hushes Aircraft. El SeEundo. Califortris
1976 - t9E5
Prototype Machinist with a Level 3 Security Clearance - Pmduced parts for space
shuftle and nuclear submarines as well as McDonnell Douglas jets.
Grade 2 - Distribution Certificate
Grade 2 - Water Treatment Operator
KENNY SCHAEFER
Summara of
Experience Kenny Schaefer has over 36 years of experience in working with complete plmping
systems and is considered a leading electrical and control system specialist within the
water well and pump industry in Southem California'
Professional
Experience
Professional
Qualifications
Performs pipeline construction, including control valves, pump alignment, well and
pump troulGshooting, VFD controls, concrete and many other well and pump related
construction. His understanding of the complete pumping system gives him a great
advantage over other conaol and electrical contractors. Kenny has an amazing ability
to solve-probtems with his vast background and has received the name at General
Pump - "Super KemY ".
Lavne Christensen iYestern / Mdalla Division
Electrical and PumP Mechanic
1990 - 1994
Performed a wide range of electrical and pump mechanic services'
Schaefer and Well Comoanv. Minnesota
Pump Mechanic
1974 - 1990
Began his career in his father's firm and drilled wells and installed complete pumping
systems.
Grade 2 - Distribution Certificate
Grade 2 - Water Treatment Operator
Hazwoper Certified
Crane Certified
Lead Electrical and Control System Specialist
')
DOUG SHILLING
Summary of
Experience
Professional
Experience
Professional
Qualifications
Doug Shilling has 32 years of experience in the electrical background; curtently he is
a Colntrol System Spicialist within the water well and pump industry in Southem
Califomia.
General Pumo Comoanv. Inc.. San Dimas. California
Control System Spocialist
2007 to Present
performs electrical work on vFDs , troubleshoots, submersible cable slices, motor
controls, panels, and soft starts.
Various Coroorations
Electrical
l9v2 -2007
Responsible for CNC conrols, PLCs (Programmable Logic Controls), VFDs and
high voltage electrical up to l2kv'
Peterbuilt Motor
DPMIS Manager
t978 - 1992
Data Processing Management Information System manager responsible for a
mainframe "o-fut"t system with 225 users (six branches in two states); responsible
for maintenance, repairs and installation ofall computer equipment'
Class-A Driver's License since 1978
Hazwoper Certified
l
I
RON }TILLER
Summary of
Experience
Professional
Experience
Ron Miller has over 30 years experience in all mechanical applications ranging from
all styles and makes of pumps, gear drives, and highly technical equipment used in
the industrial arena.
General Pumo Companv. Inc.. San Dimrs. California
Project Engineer, Field Technician, and Maintenance Manager
2008 to Present
Performs on site analysis of operating conditions for various makes and models of
Angle Drives, and horizontal pumps. Performs live well Dynamic Videos in all
operating conditions for well evaluation. Documents all analysis with written reports.
RCA coordinator.
Skills Summerv
. Joumeyman Mechanical Maintenance Technician 30 years
. Vibration Analysis SKF Condition Monitoring Gradnare I &2
. Rotoline and Optoline Laser alignment certified.
. Hazmat Trained
. Goulds Pump rebuild training
. SKF Bearing training
. Lock out Tag out savvy
, Professional powerpoint presentations
. MSDS literate
. Capitol Project Pro lrader
. Dale Camegie Graduate
Ponderav Newsorint Co. Washinston
1990 - 2006
Certifi ed Mechanical Maintenance Technician
Vibration Analysis I &2
Mechanical Maintenance Planner
Mechanical Maintenance Manager Altemate
)
BIDDTNG F0RMS
4.1,2 A vehicle collision or accidenl involving your firm's emdoyees?
4.1.3 Damage to real property arising out of your seNices or operations?
E ves E*o
4.1 .4 Employment-related litigation brought by an employee of your firm?
tr YEs
4.1 .5 Payment to a subcontractor or supplier?
E ves
4,1.6 Defective, deficient, or subsbndard uork?
43
44
tr yes )Eqo
f,'o
Xno
tr ves F*o
lf lhe 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., "lhe plaintiff) or was involved in the mediation or arbiration; list the
date, court, court addrcss, ard case number; describe the facb and circumstances giving
ise to the lawsuit, mediation, or abitration; and set forth the outcome or disposrtion.
Attach additional sheets as necessary.
Have you or your firm ever filed a claim for damages or a lawsuit, or requested arbitration
or mediation, against a govemment entjty or a Client?
! yes ,Fno
lf YES, idenfiry the govemment enlity or client; list the date, court and case number;
describe the facls and circumstances about the claim for damages, or the lawsuit, or both;
and set forth the outcome or disposition. Athch additional sheets as necessary.
Are there any pending or outstanding judgmenb or liens 4ainst you, your firm, or any of
its owners, partners, ofiicers, or employees?
! vss F*o
lf YES, identify the name of the person or entity entitled to payment; list lhe date court and
case number; describe the facts and circumstances giving rise to the judgment or lien;
and set forth the amount of trE judgment or lien. Attach additional sheeb if necessary.
ln the past flve (5) yeaB. has any govemment entity ever (a) investigated, cited,
disciplined, or assessed any penalties against you, your firm, or any of its owners,
partners, officers, or employees, or (b) determined or concluded that yourfirm or any of its
ownem, parlners, officers, or employees violaled any laws, rules, or regulations?
J
BF 15 of 39
BIDDING FORMS
E Yes X-"
lf YES, identify tre govemment enlity; list the date, and describe the facts and
circumstances about each instance. Attach add itional sheets as necessary.
4.5 ln the past five (5) years, have you, yourfirm or any of ib owlers, partners, officers or
employees been convicted of a cflme related to the bkjding of a govemrnent contract, the
awarding of a govemment contracl, or the performance of a government contract?
('Convicted" includes a verdict of guitty by a judge or jury, a plea of guilty, a plea of nolo
contendere, or a forfeiture of bail.)
tr ves ,M*o
If YES, identify he govemment entity; list the date, mu( and case number; describe the
facts ard circumstances about each instance; and set fonh he penalty or punbhment
imposed. Attach additional sheets as necessary.
4.6 In the past live (5) years, have you, yourfirm, or any of its owners, partners, officers or
employees been convicted of a crime involving embezlement, thefl, fraud, forgery,
bdbery, deceptive or unlaw{ul business practces, perjury, fabifying or destoying records
or evidence, or receiving stoleo property, or making or submitting a false claim?/trYEs EHo
l, YES, identry the crime or oflense; list the date, courl and case number; describe the
facb and circumstances about each instance: and set forh the penalty or punishment
imposed. Attach addilional sheeb as necessary.
4.7 Have you or, if Bidder is a corporation, any principal ot the mrporalion ever been
convicted of a felony?
n ves H*o
lf YES, please explain the details d lhat corwiclion ard, if so, whether you or said ofiicer
have seoed his or her sentence.
4.8 ln the past five (5) years, has a govemment entity determined or concluded that you, your
firm, or any of its owners, partners, o{ficers or employees made or submitted a false claim
(including a false daim for payment), or made a matenal misrepresentation?
n ves .Fno
lf YES, identily the govemment entity, and describe the facts and circumstarEes about
each instance. Atlach additional sheets as necessary.
4,9 Have you or your company ever been charged by any govemmental agency for failure to
follow safety procedures? lfYES, please explain. /.
Ll YEs Bno
BF 16 of 39
BIDDING FORITS
4.10 Has any govemmental agency ever submitted a complaint against you or yourlirm to the
California Slale Labor Commission for failure to submit cerlified payrolls? lf your answer
is "Yes", please provide the details of sLrch complainl.
tr ves ffno
5. FIRT'S OPEMIIONAL STATUS
5.1. In the past seven (4 years, has your firm, or anyone else acting on behaff of your firm,
filed for bankruptcy, insolvency, receivership, or reorganizalion?
tr ves Xno
ll YES, Iist the filing date, identify lhe court and c€se number: describe the facts and
circumstances giving nse b each instancei and set forth ttre disposition or cunent status,
Attach additional sheets as necessary.
5.2. ln the past five (5) years, has your firm had an consolidations, mergers, acquisitions,
closings, Iayoffs or staff reductions?
D ves N*o
lf YES, list the filing date, and describe the tacb and circumslances about each instance.
Att€ch additional sheets as necessary.
5.3. ls your lirm in the process of, or in negotialions toward: (a) consolidating, merging,
selling, or closing its business, or (b) Iaying off employees or reducirE staff?
Eves {*o
lf YES, describe the transaction; list the anticipated date for completing tre transaclion,
Iayrng offemployees, or reducing staff; and describe the facb, circumslances, and reason
for taking the action. Attach additional sheels as necessary.
6. BIDDING; DEBARTIENT; CONTRACT PERFORTANCE
6.1. Has a govemment entrty ever debaned, disqualified, rernoved, suspended, or otherwise
prevented you or your firm lrom bidding on, contracling, or completing a construction
projecl?
! ves X*o
ll YES, identify the name of the govemment entity, list the date, and describe the facts
and ckcumstances about each instance, and state the reason for the govemment entity's
action against your{lrm Attach additional sheets as necessary.
BF 17 of 39
BlDorNG FORMS
6.2. Has a govemrnent entity ever Eiected your firm's Bi,C or Proposal on the ground that you
or your firm is a 'non-responsible" bidder or proposer?
tr Yes ffno
lf YES, identify the name of the govemment entity, list the date, describe the facts and
circumstances about each inslance, and state lhe reason or basis for the govemmenl
entitys determining that pur firm was a 'non-responsible' bidder. Attach additional
sheets as necessary.
6,3, Have you or pur firm ever failed to futfill or perform - eiher partially or mmpletely - a
contract or an agreement with a govemment entity or a client?JLl YEs J4 r{o
lf YES, identify the name of the govemment entity or clienl, Iist the date, and describe the
facb and circumstances about eadl instance. Atlach additional sheets as necessary.
6.4. ln the past five (5) years, have you or any officer or principal of your firm been an officer of
another firm which failed to perform a contracl or agreemenl?
E ves ,(*o
lf YES, list lhe date, and describe he facls and circumstarrces about each ins{ance.
Attach additional sheets as necessErry.
6.5. Has your lirm ever advised a govemment entity or a client, while your tirm was under
contract with trhe govemment entity or clienl, that your firm could not (or !rculd not) futfill or
perform - either partially or completely - the mntract or the agreement based on the
prices that your firm had originally submitted in a Bid or a Proposal?
\-/
U YES ANO
ll YES, list the date, llenflry the name of the govemment entity or client, and describe tr\e
facb and circunslances about each instance, Attach additional sheets as necessary.
6.6. Has your flrm ever requesled a govemrnenl entity or a client, uitlile your firm wm under
contract with the govemment entity or client, to renegotiale one or morc terms of the
existing conhacl or agEement?
trves ffio
lf YES, identify the name of lhe government entity or client, list the date, and descfibe the
facb and circurnstances about each instance. Attach additlonal sheets as necessary.
6.7. Has your firm ever requesled a govemment entity or a client, while your firm was under
conkact with tle govemment entity or client, tot (a) cancel tte contracl or agreemenl, or
(b) release or discharge yourrirm form the contract or agreement?
BF 18 of39
BIDOING FOR[,4S
E ves X*o
lf YES, identify the name of lhe govemment entfiy or client, list the date, and describe the
facts and circumstarEes about each inslance. Attach additional sheels as necessary.
6.8. Has a govemment entity or a client ever terminaled, suspended, or non-rerE$/ed your
firm's contsact or agreement before its completion?
Dvrs F*o
lf YES, identiry the name of the govemment entity, list the date, and describe the facts
and cirEunEtances about each instarEe. Attach additonal sheets as necessary.
6.9. Has a govemment entity or a dient ever nomed or advbed your {irm thal your lirm's
performance under a contact or agreement was por, sub-standard, deficient, or non-
compliant?
! YEs N,
lf YES, identify th€ name of the govemment entity or client, list the date, and describe the
facb and circumstances about each imtance. At€ch additional sheets as necessary.
6.10. ln tte past five (5) years, has your firm paid, or has your firm been assessed, liquk aled
damages on a confact or agreement?
EYEs X*o
ll YES, idenfiry all such contracts/pqects by owner, owne/s address, the date of
completion of the poject, amount of liquidaled damages assessed, and all other
information necessary to fully explain the assessment or payment of liquidated damages,
Attach additional sheets as necessary.
7. IITISURANCE AilD BOtilDS
7 .1. ln the past ten years, has an insurance company or a surety company:
7.1.1. Refused to insure your firm for liability coverage?
tr ves FHo
7.1.2. Canceled o nsurance coverage?
)(no
7.1.3. Retused to
^tsno7.1,4. Canceled o by yourfirm?
Mno
BF 19 of 39
BIDDING FORMS
lf the answer to any questions in 7.1.1 to 7.1.4 is YES, identify lhe name of the insuraflce
company or surety company, list he date, and describe the facts and circumstances
about each instance. Attach addition sheets 6 necessary.
ln the p6t ten (10) years, has an insurance company or surety company made any
payments on yourfirm's behalf as a result of a default, to satisfy any claims against a
performance bond, payment bond, or maintenance bond issued on your firm's behall?
EYEs ffio
lf YES, identify each confact completed or amount of each claim, the name and
lelephone number of the claimant, the date, grounds and cunent stat6 of lhe claim, and if
resolved, the method, nature, and amount of the resolution. Atlad addition slEets as
necessary.
o SUREW
lf a performance and/or payrnent bond is rEuired by this bid, identify the bonding
company if anangements for the bond have been made; if nol, Uentify tre bonding
comoanv for the Contretols most recent Droiecli'Trttol2ft Pt^*)Ji' (
8.2 Name and address of agent:
Caipa 01 t,
All of the above Etatements as to experience, financial qualifications, and available plant and equipment are
submitted in conjunction with the prop6al, as a part thereof, and the truthfulnBs and accuracy of the
information ls guaranteed by the Bidder.
I hereby certify under penalty of periury under the la$,s of the state of California that the representation made
herein are true and conec{.
Signalure of Bidder
7.2
8.1
BF 20 of 39
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BIDDING FORMS
CONTRACTOR SAFETY QUESTIONNAIRE
conpanyr,ame: Aeneral fr*mP Cmloan{ Zrtc
Primary Type of Work:
Person completing rr , 'bnn;e Zrurr"/
s61s. /2-2/-/5
SAFETY PERFORTIANCE
List your mmpany's lnterstate Experience Rating Modifier (ER[/)1 lor the three most recent years.
t5
t1
t3
ob5
O4r4
List your clmpany's number of injurievillnesses ftom your OSHA 300 logs for the three rnosl recent years.n!4 NE_al],.
20
20
20
2
a. Fatalities
b, OSHA recordabb incidenls
c. Lost $ork day incldents
d. Total lost work days
e. Total hours 'r/orked
.#.e^+
Q-e4-
++4-a-+4-r4,tu ltzfr tuJao
3.Please provide copies of the following items (a{); and ltems (d{) for each listed Subcontractor
a). OSHA 300 logs for the most ecent three yeac
and cunent year-to-date
b). Verifrcation of ERM from your insurance canier
c). Injury/lllness Report
d). Complete written Safe$ Program
Company Safety Contact:
a. Name Ferrron/o Mrno,
e). Training Plans
0. Training Certilicates for Employees
g). Emergency Response Training
4
o pnone 104_ 541_1boL
t ERM = applies to workers' compensation policies. lt compares the experbnc€ of his contraclo{ to olhec o, similar size, type and
ratio. Used against arnual premium. lt has a direct conelation [o how much lhe contractor pays in workec' comp premium.
063
BF 23 of 39
Titre: .fr. A),n;".f'/ar. phoneNumber: ?o|-eqg'iCA. xtgs
EXHIBIT D
LlVlNG WAGE PROVISIONS
Minimum Livino Waoes:
A requirement that Employers pay qualilying employees a wage ol no less than $10.30 per hour with health benefits,
or $11.55 per hour without health benefits.
Paid and Unoaid Davs Ofl:
Employers provide qualifying employees at least twelve compensated days ofl per year for sick leave, vacation, or
personal necessity, and an additional ten days a year of uncompensated time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to the employe/s
compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer
lor back pay, treble damages for willful violations, and attomeys lees, or to compel City oflicials to terminate the
service contract of violating employers.
EXHIBIT E
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each
subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees
are treated equally and are not discnminated against because of their race, religious creed, color, national
origin, ancestry, handicap, sex, or age. Contractor further certilies that it will nol maintain any segregated
Iacilities.
B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or
on behall of Contractor, state that it is an "Equal Opportunity Employe/ or that all qualified applicants will
receive consideration lor employment without regard to their race, religious creed, color, national origin,
ancestry, handicap, sex or age.
C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance ol this
Agreement, discriminated against applicants or employees because of their membership in a protected class.
D. Contractor agrees to provide the City with a@ess 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 ol such records are confidenlial 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.
REGEIVED
JAN 13 2016
CITY CLERKS OFFICE
RECEIVED
JAN r 2 20t6
CITY ADMINISTRATIONSTAFF REPORT
DEPARTMENT OF PUBLIC WORKS, WATER AND
DEVELOPMENT SERVICES
DATE:
TO:
FROM:
RE:
January 19,2016
Honorable Mayor and City Council
Scott B. Rigg, Public Works and Water Superintendent &
Amendment No.5 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. 5 to the Services Agreement between the City of Vemon
and Cannon Corporation for the Engineering Design and Construction Support Services Well No.
21, attached hereto, is exempt under the Califomia Environmental Quality Acr (CEQA) in
accordance with CEQA Guidelines Section 15061(bX3), the general rule rhar CEQA only applies
to projects that may have an effect on rhe environment; and
B. Approve Amendment No. 5 adding funds in the amount of $24,690.m to the Services Agreement
between the City of Vemon and Cannon Corporation for the Engineering Design and
Construction Suppon Services for Well 2l,
Background
Calnon Corporation was selected for the Engineering Design and Construction Support Services
for Well No. 21. The Engineering and Design phase of the work has been completed and was
incorporated in the development of Contracr No. CS-M84, Equipping Well No. 2l and Related Site
Work. The Construction Support Services phase of the Services Agreement is currently used to provide
detailed inspection services to Contract No. CS-0484. Moreover, due to unanticipated change orders to
Contract No. CS-0484, additional design and inspection services are required to complete the subject
contract. The City Attorney's office has approved the Amendment No. 5 to form. The total contract value
is $164.208.00.
Fiscal Imnact
Funds for this work have been budgered in rhe 2015-2016 fiscal year budget.
Page I of 2
Attachment(s)
1. Amendment No. 5 to the Services Agreement between the City of vernon and Cannon Corporation.
Page 2 of 2
AMENDMtrNT NO.5 TO THE SERIICES AGREEMENT BETWEEN THE
CITY OFVERNON AND CANNON CORPORATION FOR ENGINEERING DESIGN
AND CONSTRUCTION SUPPORT SERVICES FORWELL 2I
This Amendment ("Amendment No. 5") to that certain Agreement for engineering design
and construction support services for Well 2l dated May 7 ,2012, (the'. Ag.."-ent,';, is made as
of Januarv 19,2016, by and between the city of vernon, a califomia charter city and municipal
corporation (the "city"), and cannon corporation ("contractor"), a califomia corporation.
WHEREAS, the City and Contractor are parties to a written Agreement dated
May 7,2012, as amended on June 4,2013, October 15,2013, June 3,2014, and January l, 2016,
under which contractor provides certain design and technical support services for the
construction of a fully operational pump station (..the Agreement,,); and
WHEREAS, the city and Contractor desire to amend the Agreement to expand the scope
of services and to increase the compensation in an amount not ro exceed $24,690.00. A copy of
contractor's communication dated December 8, 2015, regarding the additional services is
attached hereto as Exhibit A.
NOW, THEREFORE, the parries to this Amendment No. 5 agree as follows:
l. Section 3(d) to the Agreement is hereby amended to read, as follows:
3d. Contractor's grand total consideration shall not exceed the amount ofOne
Hundred Sixty-Four Thousand, Two Hundred Eight Doltars and No Cents
($164,208.00), without prior City Council approval and written
amendment of this Agreement.
2. Except as expressly modified by this Amendment No. 5, all provisions of the
Agreement shall remain in full force and effect.
3. The provisions of this Amendment No. 5 shall constitute the entire agreement of
the parties with respect to the subject matter included in this Amendment No. 5 and shall
supersede any other agreement, understanding, or arrangement, whether written or oral, between
the parties with respect to the subject matter of this Amendment No. 5.
4. The person or persons executing this Amendment No. 5 on behalfofeach ofthe
parties warrants and represents that he or she has the authority to execute this Amendment No. 5
on behalfofthat party and has the authority to bind that party to the performance of its
obligations hereunder.
lN WITNESS WHEREOF, the panies have signed this Amendment No. 5 as of the date
stated in the introductory clause.
ISIGNATURES FOLLOW ON NEXT PAGEI
-l-
CITY OF VERNON, a Califomia charter citv Cannon Corporation, a Califomia corporation
and municipal corporation
By:
By,Name:
Title:
A.J. Wilson. Interim City Administrator
ATTEST:
By:
Name:
Title:
Maria E. Ayala, City Clerk
APPROVED AS TO FORM:
Brian Byun, Deputy City Attorney
2
EXHIBIT A
December 8, 2015
Mr. Scott Rigg, Superintendent
Crty of Vemon, Public Works and Water
4305 South Santa Fe Avenue
Vemon, CA 90058
SuR Ecr:ADOINOi{AL SERVICE AGREE EI{T - CO'{STRUCNON PHASE SUPPORT SERVICES
FoR EQUIPPIxG WELL No. 2,I A D TIELATED SITE woRK
Dear Mr- Rigg:
We thank you forthe opportunity to provide you with this proposal for the subject projecl.
Cannon has a solid foundation to povide construction support services to the City oiVemon.
The well equipping poect has been in progress for severat months and is steadili advancing.
As the project's design engineers, we are especially interested in continuing to pr6vide ongoing
services to this proiecl
Please contact me should you have any questions or comments you would like to ask or share.
Please find the folloring scope of service and the estimated fees associated with it. The fees
quoted in this proposal are valid for 60 days from this date and are based upon current
Califomia Prevailing Wages
Sincerely,
General Manager/Sr. Principal Engineer
c57562
11900 West Olympic Blvd, Sriite 530
Los Angeles, CA 90064
T 310.6&{ 1166
F 310.664 8877
CannonCorp.us
ADomoiul- SERMcE AGREEiIENT
CoNsrRucnoN PHASE SuppoRT SERvtcEs FoR
EeulPprNc WELL No. 21 A D RELATEo S|TEWoRK
ScoPE oF WoRK
This scope of work was developed based on our knoflledge ofthe project from the design
phase to its cunent construction. Support Services through the Construction phase of this
prorect will include the following tasks:
Task 1. Prohct Meetings and Separate S,le y,sds
Cannon staff will attend four project meetings and make frve separaie site visits at the City's
request.
Task 2. Process RFrb ard RFC'S
The processing of reviewing and responding to RFls and RFCS is vitat to keeping the project
on schedule and resolving issues before they become'claims' or'poect delays." RFts and
RFCS received from the contractor will b€ addressed and responded to via fax or email by
Cannon's Oesign Engineer and will be returned to the contractor in a timely manner.
ln addition, we will provide a recommendation of approval or denial as io our opinion of
whether or not the RFI/RFC response warrants a change order to the contractor. We will
assume responding up to two RFURFCS total and two change order requests
Task 3. Review and Proc€ss Proiecl Subrnttats
A majority of the submittals hsve been reviewed and completed. Remaining 6re key
submittals including pump, motor and packer submittals. Each submittal received from the
Contractor,.rrill be reviewed for its completeness and then sent to the City. Submitiats received
from the Contractor wll be distribded to each involved party The actual level of effo( of is
largoly d6pend6nt on the thoroughness of tha contraclor s6l€ct6d for the proiecl.
Task 4. Record Drcwing Preparation
At the end of the project we will prepare record drawings based on redline information
provided by the contractor.
Task 5. Project Management
The projecl requires project setup, scheduling, controlling, and conespondence between lhe
City, utility agencies and the contraclor. Conespondence includes telephone conversalions,
emails, project status reports, monthly status reports, proiect memorandums when necessary,
and detailed monthly invoices
ExcLUstot{s
The following exclusions apply to this proposal:
. Allwork not sFrecifically addressed in this proposal_
120113 2
ADDEIOT{AL SERVICE AGREET'ENT
CoNsrRucno PHASE SuppoRT SERvtcEs FoR
EQUPPING WELL NO. 21 ATID RELATED S|TE WORK
ScHEDULE
The project schedule has been provided by the conlractor. Cannon,s services included in this
letter proposal will be provided as the construction prcject progresses. As described
previously, we estimate that the prolect would b€ completed in approximately six months from
the City's issued Notice to Proceed.
FEEs
Fees are based on the rates per the enclosed fee schedule. lt is our understanding that this
project qualifies for California Prevailing Wages.
120113 3
Proposal: Btdding and Construction Phase Supporf Sery/ces
Pressurc Regulating Valve Station - Project No. 4011 67 915
2015 FEE SCHEDULE
Engl,EeringL/Design Staff: Civil, Mechanical, Elect.ical, gtructural, Plarroing, Landscape
Sr Principal Engineer .. .. .160m-19500 Sr PrincipalDesilner .. .. 105.00-13500
Principal Engineer .145.00 - 185.00 Principal Designer .... 100.00 - 125.00
Sr Atsociate Engineer. . .. 135 0O - 165 00 Sr. Proiect Oesi.Jner 95 00 - 120.00
Associate Engineer 125.00 - 150.00 Lead Destlner.. .... . S0.00 - 1 15.00
Sr. Project Engineer . ... .. ....... 11500-140.00 ProFct Designer. .....80.00-110.00
Proiect Engineer 105.00- 130.00 Sr. CAD Tech / CAD Tech . .. .. 8000- 95.00
Oeson Engineer... . . 95 00 - 120.00 Technicalwriter l, ll, tll . .... ... . ..85.00 - 116.00
Engineenng Assistant l, ll.... ......70.00- 90.00 Plann€r / Landscape Arch . .. .......75.00-11500
Proiect Coordinator l, ll, lll, IV.... 85.00-115.m Associate Planner / Land Arch .. .. 125.00- 150.00
G.ant Funding Manager l, 11... . .. 125.00 - 140.00 Sr / ChEt Planne. '145.00 - 165 00
Administrative/Clerical .... ......6500- 85.00 Sr. Consultant / Director. . .,....163.00-21600
Autornation Staff
Sr Automation Specialist... .. .. 165.00-17400 Lead AutofiEtion Technician. ..-10000-110.00
Lead Automation Specialist .. . .. 140.00 - 147 00 Automation Technician ................90.00-100,00
Automation Specialist. . -.. 13000-137.00 Sr. Automation Analyst..... . .- .. 11500-130.00
Sr Automation Technician .. .. 120.00 - i26-00 Lead Automatrcn Analyst.... .. .. ..110.00 - 120.00
Automation Consl Coord l, ll ... .85.00-l'10.00 Autornation Analyst 10000-105.00
lE Services Coordinator .-. .. ...... 70.00 - 80.00
Congtuclion f allaggmgnt Staff
PrincjpalConstructionManager..'160.00-19000 Structur6 Representatrrc...... .... 130.00 - 150.00
Sr. Construction Manager . .. 165.00 - 1E0 00 Associate Consbuclion Engin€er. 100.00 - ,25.00
Consbucton Manager . ... ... .. 130 00 - 145 00 Construciion lnspeclor I, ll ..... ..... 90.00 - 115.00
Sr Resilent Engineer .. . . ... ..155.00-165.00 Office Engin€er ..... 105.00- 125.00
Residenl Engineer.. .'140.00-15500 Construclion Coordinator l, ll .... 65.00 - 100.00
Assistant Resident Engineer......... 125 00 - 140.00
FoGnsics/Exp€rt T6timony Stalt
Expert Testlmony. ... ... .. ........250.00-450.00 Deuositio /Triat . ...................300.00-50000
Offce Administrator .. . ,. . ... ...... 100 00 - 150.00
Survey Ollice Staff
Chiel SuNeyor/ Sr Consultant .160.00-175.00 Land Surveyar l-V . 10000-1500O
Sr LardSurvEyor.............160m-1/0.00 Su^,ey Technicran l-Vl ..- .....0000-1lo00
Survey Manager ... ... . .... ... 150.00 - 165.00 GIS Specialist/ Tech -........ 9000-13500
This schedule prcvkj..s ral,ges,b/ varroi,s stdfia-lassiri.:al'.ky,.s The acfuel Ete may difrer *Fnding on tha
diseipline; however, it will r:ot be higher than tha given Gnge
Survey Field Stafi
Three-ManCrew.. ... .26000-36000 Three-Man HOS Cre$,. ..... .....31000
Ts/o-Man Crew . -. . .21000-27500 TwG.Man HDSCrew. ... ..25500
One-Man Crew. ... 13000-20000 One-Man HDS Crew. .................. .19500
One-Man Crew (no roboo .... ....... ...110.00 T$/eMan UMO Crery ... . .. .. 15O0O-'17000
3D HDS Data Modeling . . 90 00 - 110.00 One-Man UMO Cret,v.. . . .. .... .. 'l0O.0O -
'20
00
Prevailing Wag€
Three-Man Crew.. .... . . ... 375.00 Three-Man HDS Crev,, .. .375 00
Two-Man Crew.... ............28500-29000 Two-Man HOS Crew .. .. 275OO
One-Man C.ew. - -. 19000-20500 One-Man HDS Crew ............. - 22O OO
Two-Man UMO Crew .. .. .200 00 One-Man Crew (no robo0 ...-.. . . ... . . . 160 00
One-Man LJMO Crew . 160-00
All ol the abow hwdy rabs include al direct labor @sts and labor ovedEd, gercBl and adminisiatr€ expenses
and yofit. lf the client reg.rests, or the c/rert's schedule reguircs wotk to be done on an overtine basts, a natwhet
ol 1 5 vll bo applied to he aboye rates for weokdays and 2 0 for weekends and holidays-
2015 Schedule
Proposal: Bidding and Construction Phase Supporf Sery,bes
Pressure Regulating Valve Station - Project No. 4O11.67 915
Other Dlrect Charges
ln-House Reprcduction
Printing/Copies 8 %x 1'1. ......... . ...... ..... .. .. .... .. 00.05 per page
Printing/Copies 11 x17.-.. ......... ... -. . . . .. .... ...........,..............0r.mbrb"g"
Black Line Plob .. ... $2.0O per page
Colo( Plob.. .. . $5 0O pe. page
Outside Reproduction .- .. .. ....Cost + 15%
Travel and Related Subsrstence. ---.-- - - .. ......... ..Cost+15%
Truck or Freld Vehrcle . 580.00 per day
CAD and Simulation Software ...... $15.00 per day
Mileage Reimbucement (or IRS allov{able rate). .. . .... .. . . .. IRS Rate per mite
Aulomation & Eleclrical Materiala ... .. ...... Cost + 25% (+hx)
subconsultant Fees. .. -- . -.. cost+1o%
All direct expenses, such as special equipment, shipping cosb, tralel other ttan by automobile, parking
oeenses, and permit fees will be billed at ttle aclual cost plus 15yo.
lf the client requesb, or the client's sdredule requires wo.k to be done on an o\rertime basis, a multiplbr of 1_5
will be applied to the stated rabs for weekdays for daily hou6 in excess of 8 as well as weokends and a
multiplie. of 2 0Ior daily hours in excess of '12 and holidays.
lf the client requests field seMc6 to be provided outside ol normal working hours (between 6i00 p m. and
6:00 a.m.), a multiplbr ol 1.5 will be applEd to the stated raEs.
Surwy Crews and Automation Field stafl are billed potul to podal, and mileage charges are tnduded in the
hourly rate. A minimum charge of 4 hours will b9 ciarged for arry Automation Field Servic€ calls oubide oI
nonnal working hours (betweei 6 00 p m and 6:00 a-m.)
The stated rat6 are subiect to change, typicaliy on an annual basis.
2O1 5 Schedule
_r,\f
JAN 0 7 2015
RECEIVED
JAN 0 5 2016
CITY ADMINISTRATION
wCITYCLERK'SOIFI TAFF REPORT
PUBLIC WORKS, WATER & DEVELOPMENT SERVICES
DEPARTMENT
DATE:
TO:
FROM:
RE,:
January 19,2016
Honorable Mayor and City Councit
Scott B. Rigg, Public Works & Water Superintendent le
Originator: Claudia Arellano, Stormw-ater & Special project s Analyst $-----.,
Belfor USA Group, Inc. Red Alert Service Agreement - Basic plan U
Recommendation
A. Find that authorization for the City Administrator to sign the proposed Red Alert Service
Agreement - Basic Plan is exempt under the califomia Environmental euatity Act('CEQA) in accordance with Secrion 15061(bX3), the general rule that CEeA on.ly
applies to projects that may have an effect on the environment; and
B. Authorize the city Administrator to sign the service agreement with Belfor USA Group,
Inc.; and
c. Enter into an agreement with Belfor USA Group, Inc. for emergency services, restoration
services or reconstruction services for a period of three years.
Background
The Public works, water and Development Services Department (Department) has been
given the responsibility of providing resources in time of an emergency. The Departrnent is
working with the Finance Department to secure open purchase orders/contracts to icquire the
resources as recommended by all City Departments.
Belfor USA Group, Inc. (Belfor) is a nationwide integrated disaster recovery and
restoration services company. Belfor's services would be focused on cleaning, repairing and
getting city-owned buildings back up and running in the case ofa catastrophic event.
Belfor's plans range from priority response for the preferred clients requiring an annual fee
to, a response on first-come first-serve basic plan. The Department staff is recommending to
contract with Belfor on a first-come first-serve basic client which does not carry a membershif, or
Page I of2
annual fee. Belfor's fees for emergency, restoration or reconstruction services are itemized on the
rate sheet attached to Belfor's Red Alert Services Agreement as Exhibit B.
The city Attorney's office has reviewed and approved Belfor's service agreement.
Fiscal Imoact
There is no cost to contract with Belfor unless their services are employed. If Belfor,s
services are employed for a catastrophic emergency the fees will be based on the attached fee
schedule and be expensed to an emergency account. If Belfor's services are employed for
restoration ofa city-owned building for a non-catasftophic event such as a water leak the costs will
be expensed to the Department's Govemment City Buildings account (1049).
Attachment(s)
1. Belfor USA Group, Inc. Red Alert Service Agreement - Basic plan
Page 2 of 2
RED ALERTo Service Agreement -
€,o,$
This RED ALER AGREEMENT by and between
Corporation, with Corporate Headquarters located at
and
BELFOR USA GROUP, tNC. ("BELFOR), a Cotorado
185 Oakland Avenue, Suite 300, Birmingham, Ml 48009
whose address is("Client") is entered into upon th@
l The purp-ose of this Agreement is to establish the basis upon which BELFoR will provide to client anyRED ALER emergency services, restoration services or reconstruction services.
Authorization, Client is deemed an Emergency Clieni and authorizes BELFOR to respond to a loss forthe Client in accordance with the terms of this Service Agreement.3. Client intends to waive all standard procurement pro@dures in order to accommodate the emergencynature of the Services and to mitigate any further loss.
BELFOR Contact:
Name:
Phone Number:
Address:
Email:
CIient Contact:
Name:
Phone Number:
Address:
Email:
The parties hereto understand and agree to the terms and conditions of this Agreement, acknowledge thereceipt and sufficlency of mutual consideration contained herein, and Client declaLs that tirey are authorizedto bind their company into this Agreement, and only a BELFoR officer is authorizeo to sign.
-.
BELFOR USA GROUP, INC.CLIENT
Signature by an Otficer of Betfor USn Signature
Date Date
Name Name
TitleItle
Agreement is not terminated during the firsl
three-year term, the Agreement will continue infull force and effect for consecu(ive terms ofthree (3) years each. Any termination request
must be made in Miling to the other party.
2. Ilefinitions
Basic PIan Should any Ioss occur, insured or
otherwise, BELFOR shalt provide Basic Le\,/el
RED ALERT@ Clienls with emeeencf se ices
prior to any other potentiat or existing BELFOR
clier{ that is not ciassified as a premium ptus
Level RED ALERT@ Ctient. BELFOR reserves
the right to prioritize response to Ctients within
the same class al its sole discretion. After
Client declines, or fails, to notry BELFOR that
such Clienl Equires an immediate response for
a property BELFOR reserves the right lo iniiiale
a response to other clie s_
3. BELFOR Obllgations
BELFOR sha use best effons to rcspond as
immediately as possible {rom the time they are
contacled by Client.
4. Client Obligations
Upon the occurrence of a loss, immediately notry
BELFOR of any Property, in need of a responseby using the 24-Hour Hofline. Shorfly afrer
contacting BELFOR, Ctient shal epeditiousty
set up its accounting system, and discuss with its
insurer the requisite infomation, in order to
facilitate payrnent to BELFOR for seMces under
this Agreement.
5. Patments & lnvoicing
All chaEes on invoices pEsented by BELFOR
are based upon the 'BELFOR Rate and Material
Schedule' (attached as E$ibit A) or by other
Agreements signed bet!.€en BELFOR and the
Client, and will be paid no tater than 30 days
from the receipt of invoice by the Client unless
Client disputes any amounl charged in writing
and the dispute is grounded in Aood faith and
reCeiving an initial response ftom BELFOR, or
and the dispute is grounded in good faith and
Clienl's reasonable judgmert. ln lhe event of
any such dispute, Client shalt pay the undisputed
timely made, on submitted invoices, BELFOR
reserves lhe dght to cease any work, whetherpresent or tuture. until BELFOR is tu[y paid,
including inierest, for seMces perrormed.
6, lnda rnifcdion
To the extent permitted by taw, BELFOR will
portjon in accordance yrilh the foregoing and theparties shall seek to resotve the disputed
amount as soon as reasonably practicable.
Notsrithstanding the foregoing, BELFOR!
payment will not b€ affected by disputes between
the Client and its insurer or dep€ndent upon theinsure/s payment or apprcvat of BELFORb
invoices or aharges. The Client assigns lo
BELFOR its right, title and inlerest in any and a
rnsurance proceds io lhe elient required tocover payrner{ lot work perfomed
NotwithstaMing the foregoing, fie Clier( is
ultimately liable for any chaqes for workperfomed under this Agreement. BELFOR
reserves th upon
rhiry (30) d
lnteresl on arqed
at the rate is not
ALERT@ Work Authorization by BELFOR or its
employees or agents; (ii) a ctaims of BELFOR
ehployees, agents and subcontractoG, whelher
lost business opportunities. BELFOR sha have
no liability for. and shal be hetd harmtess fromand againsl, all claims, damages, tiabitities,
hamless the Client, and its present, former,
and costs arising out of or relating to thepresence, discovery, or failure to disco\/er,remove, address, refiediate or cleanup
environmental or biological hazads including,
but not limited to, motd, tungus, hazadous
wasle, substances or materiab, or asbestos
unless contraded to do so on a BELFORremediationconbad. Notwithstandingthe
foregoing, BELFOR is not tiabte to the erent
any injury, damage, or Loss, is proximatety
caused or alleged to be prorjmately caused, in
whole or in part, by the negtigence o. wi tul
act(s) or omissions of the Client, its employees,
sub@ntractors or its agents. The cliert shall
reimburse, indemnify, defend, and holdhamless BELFOR, ih subsidiaries and
affiliates and presert, fonner, and fJture
shaEholders, employe€s, omcers. membeE
and directors from and against all iniury,
damages and Loss resuhing ftorn or alleged to
resuh fiom the Clientb negligence, in tvhole or
in part, or willtut act.
7. lnsurance
BELFOR shall, during the performance ol this
Agreement, maintain the appropriate and
cuslomary insurance coverage with rnsureE in
good slanding and authoaized to do businessunder the la$rs of the State(s) where
perfomance o@urs.
E. Assignment
Neither lhe Client nor BELFOR may assign or
otheMise lransfer its .ights, obligations, and/or
duties under this Agreernent wiihoul the prior
written consent of the other unless those
assignmenls are to subsidiaries, affliates orother owned company Any prohibited
assignment is void. Nothing cor(ained in this
will remain ultimately responsible for the
delivery of the services set forth herein and in
any Work Authorization.
9. Warranty
BELFOR warrants to Client that a materiats
and equipment used in or incorporated into ttle
Work will be of good quatity, neu/, and free o{liens, claims, and security interests of third
parlies; that all labor, instatlation, materials and
equipment used or incorporaied into the Work
wll be of good quatity, instaled in a good ancl
workmanlike manner. and I ee from
foregoing Wananty shall commence on the dateof the projecl's completon and continue for a
e)@cuted by Coniractor, improper or insufficjent
maintenance, improper operatjon or normal wear
and tear and normal usage All waranlies arecontingent upon full and final Davment to
BELFOR
,0. Reguhtory
BELFOR and
sub@ntractors
and local laws,
this Agreerhent
of this Agreemeri and all applicable codes. The
rendeEd hereunder. BELFOR will secuE and
pay for any and all permits and licenses required
in the performance of the seMces. BELFOR wi
abide by all local, OSHA and federat safety ta,rrs.
BELFOR shall take a necessary precautians for
the safuty of its erhployees and all other persons
who may be aflecled by their work.
11. Force ilaieure
BELFOR cannot be held liabte for not meeting its
obligations under this Agrcemer{ or Woft
Authoization due
EELFOR from pe
Those circumstan
to: acb of war, local quarantine or evadralion
order, acts oI God, continuing severe $€alher,
order by courl othercjrcumstances Under
such circumsta notify
you as a RED basisyou as a tiED basis
when such conditions make it impossible or
impractical to respond.
12. Altomgfs Fees
The prevailing party to any legat action or erra-judicial proceeding relating to this Agreement sha
be entitled to recovery of its reasonable attomey,s
Iees, costs, epeft fues and oher reasonable
e)genses incured_ The detemination of the
"prevailing partlf sha
who prevails upon the
and shall not be delermi
party receiving a net monetary recovery.
13. Survival
The provisions of this Agreement which by their
nafure suNive temination of this Agreemert orfinal completion thereof. induding, without
indemnittes and pay,nent
in full force and e6ect
any tennination of this
14. Entire Agreement
This Agreement, its bhibits, and the RED
ALERT@ Woft Authorization are the finat, fufl and
complete agreemer( between the Ctier{ and
BELFOR with resped lo the subjed matterhereof All pdor and contempoaaneous
undeEtandings
No supplement,
this Agreement
in writing by a
15. Goveming Law
This Agreement will be interpreted and enforced
under the la$, where the Work was perfomed
without regard to laws of any olher iurisdiction.
lnitials2
EXHIBIT "A"
RED ALERT@ Work Authorization
The following REO ALERT@ ctient authorizes BELFOR to proceed:
t orized signors for the property ( ontents) and herebydi USA Group tnc. ("BEL tabor, equ matenats required toth lproperty, structure or c wn as (the ):
Address State
The undersigned parties agree to this work Authorization and BELFoR will proceed accordingly,
BELFOR Manager
lnsurance Company REO ALERT@ ptan RED A|IAT@ No
zipctv
BELFOR agrees to perform work as specified under the RED ALERT@ Service Agreement executed between thecompanies. lf a Familiarization er the Premium Plus Plan) has been coripl"ted, it will also be part of thisagreement and BELFoR will be a proceed with its implementation. BELFoR is authorized to proceed with thefollowing work (or work described :
Generat Conditions
LFoR o its e)penses andattomey fees incured in the enforcement of this agreement with tnlerest o 1 O% rate prescnbed bylaw. BELFOR is not liable forany pubtic Adjuster f;e. tn the event of a con Servi govem.
Date ofAuthodzation
.).lnilials
RATE AND MATERIALS SCHEDULE FOR INVOICING (Exhibit B)
RED ATERT
E tcctirt Date: Mar.h 2aiS
RATES AND INVOICE CONDITTONS
ITElllTZED SCHEDULCD UIBOR CLASSIFICATIO S
BELFOR
'
PROJECT HAnAGETiEXT:'.'
$
$
$
$
$
68.00
100.00
109.00
124-00
151.00
32.75
37.50
38.50
41.00
48.00
48.50
50.00
54.50
57.00
85.00
50.00
54.50
65.00
65.00
62.00
67.50
72.OO
75.00
65.00
72.50
84.50
89.50
65.00
84.50
145.00
164.50
65.00
72.50
77.50
84.50
225.00
185.00
145.00
100.00
55.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Actual BiltirE + 10%
$ 300.00$ 300.00
'
III LAEOR CALCULATTOII POI.ICY
The guidelines ror bbor invoicinq lh" any scheduted shift l\4onday lhrough Friday wil be ch gutarhou'lv ral€ Anv hours worked rn ho! ond'ay through Friday wttt oe charg-eo at r.i imes the rate.All hours worked on Saturday and ar 1 rate. A hours worked on Hotiday; (see 5I.JII Item aholidays) will be charged aL 2 times the regutar hourty rate.
after Hours EmergencY servi<es: In rhe event that BELFoR personnel are required For emergency services aiter normat BELFoR Dusiness hours(weekdays 5:00 p.m. 7:00 a.m.), 1.5 limes the regutar hourty rare wi be charged.
GENERAL CLASSIFICATIONS:.3
RESTORATION SERvICES (Generat):1,3
RECONstRUCIION SERVICES:2,3
TECHNICAL SERVICES:r,3 (D.humidifi @tioE, to.urents/rr.di., Ete<EoniG, xvAC, i!.hin.ry, rrotd)
SEiIICONDUCTOR SERVICES:r3
ENVIRONTiENTAL SERvICES:'z.r
COiISULTING SERVICES;
BELFORl.tial_ Customstnrtiar
Note: The New York rate apptres to a seventy five mrte .ad s from r;e U"-rgh or M1"h"n"". ' -__- ln calirorn|a, New York City, Alaska, and Hawaii, a mutti rer of 1.25 wi baapptied ro the regutar hourty rate.Note: The N-ew York rate apptres to a seventy live mrte radius fiom the borouqh of tyanhaftan.work penormed rn the washington DC Pletropolitan area is enLrued to an;dditionat 5%markupthatwr e apptied to the roiat ofalts(hedutedscheduled equipment, scheduled consumables and 5olo will be added to the markup for at1 vendors, unscheduted equrpment, unscheduted materiat
RATE AND MATERTALS SCHEDULE FOR INVOICIT{G (Exhibit c)
RED ALERT
Efiectiv! D.te: rrtarch 20155t RATES AND INVOICE CONDITIOI{S
5L LABOR CONSIDERAIIOTS
BELR)R
'
1)- work performed under a particular contract that is subject to Federat and state wage and hour laws, prevaiting wages, and/or ective bargainingagreements may require neqotiated chanqes to the above stated rat !s. If necessary, adjustments wilt be made to the hourty raGs d other labororovisions,2) When circumstances bevoncl our control require BELFoR p€rsonnel to stand-by at rhe iob site, a minimum stand-by charge of 6 hours at the regutarhourly rate (no overtime) wi be charged.3) National holidavs recoqnized bv EELFoR for rate (not payroll) purposes are New years Day, Iyemonai Day, Independence Day, Labor Day,Thanksgiving, and Christmas.
3;]ii,lll#Lii,L'.1' "d
Labor rates wirl be charsed portal to portar ror atr BELFoR personner, rabor subconrractors, and subconr.actors turfiIins any
'Lfi COiSUL'TNGExPEisCs
1). Reprodudion of actual drawings at actual cost
2). Auromobite miteage ar IRS approved rat wrth receipts ove. 925.003). Overnight majt is priced at g14.70lsma .4oltarge package
4). Photographs at 91.00 per pictLrre for sta
5). Color copying at g1.OO per page or actuat cost tf Ktnko,s or other servrce6), rental car rates and oth es are billed at actuat cost7). rare at 955.00 a daylba dayl{otE osition and trial appeara inimum eight hour day @ g3oo/hr for a consuttanLs
5 [. SCIIEDULEo EQUIPi'|ENT CHARGES (sG€ 5 tI.I rt miz.d Schedutert Equipm€nt)
The
Sma ct, whether
nor small hand d by AELFOR but
Mr, es for all ha RT' Rs' Dc' DMT'
The PPE, Personat Farr priJelr'#lln r, ""0 r"-"""r Respiratory protectrcn - pRp) areinclusive of the reusable components of each package as well as any trainrng, medical, or cerhfication expenses retated to their use. They do not inctudethe disposable items within the Scheduted Consumabtes tist.4) During the course ol performance of lhe work BELFoR may add additionat eqLripment ro lhe schedute.
! E- SCIIEDULED COllSUiiABLES (sGG E ULr rt.mized Schlduted Consumabtc.)
1)' any scheduled consumables purchased locally where the unit price exceeds 80Yo of Lhe rate, the rtem will be invoiced at documenLed cost plusContractor's 10% Overhead / 106/0 profit (219ro).
2). During lhe course of performance of the work BELFOR may add additional consumabtes to the Rate Schedule.3). BELFOR reserves the nght lo change the unit rate of scheduled consumabtes affeced by market conaitions.4). Scheduled consumables are charged on a "per unif basis whether consumed by the unit or not.
5ry. VEI{DORS, UI{SCHEDULED IiATERIAI.]S I UTISCHEDULED EQUIPIIEI|T
1). contractods 100,6 overhead plus 1O7o profit (21olo) will be added to the totat ofa documented cosG for unscheduled tyateriats, unschedutedEquipment, and subcontractors / vendors (including Ducrz HVAC and BELFoR Environmentat services) who are nor futfi jng a scheduted Labor
'
V. REII'IURSAILES
1). Contractods 10Yo mark-up witt be added to the totat of a reimbursabtes.2) slandard perdiem rates are $40 per person per day. The 1.25 multiplier wilt be a pptied as above for Nyc and the states of cA, Ht, and AK (so perdien will be $50/day in these areas) Per Diem will be charged for all rraveling personnet ini r. hvoicing cuideli; and coo.tiuons. BELFoR
yee, is charged to BELFOR as a separate charge, or is included
e prorated accordingly.
ed by the Intemat Revenue Service, Code of 1986, Sectionyour project as it is our poticy thai any deduGibitity timitation
:::r;Hflil,)ffff#.#,,# ;: tJt"
The tull average nightly rate wil e o 50o/oofthe average nrghtty rate per person wi be charged for doubte occupancy.
! vr. oocuiiEitT DRyritG allD REcovERy SERVICES
Freeze dryrng charqes wrll Gnge rrom $40 to $75 per cubic foot based on the votume of documenls to be dried, Lhe type of document (bound or toosepaper), and the moisture saturatiofl.
rqes rying only, Labor, equipment, mareaals and other document treatments performed wi be billed tnnd a pecific quotattons.
I be per job, tased on the fo owrng retevanr factors:* Nature of Damage * Deqree ol soovchar * Intended lJse of Document * tyoisture saturation * Mold contamination * odorBecause the lvpe and level of contamination may vary so greatly and ihus affect the resulrant recovery protocot requi;e;;ihese additionat services wi bequoted after examining a sampte of the atrected documents.
5E. CATCOI{SIDERATIONS
1) A6%reewill beaddedtorhe total oFeach invoice This fee will cover all of the indirec charges !ha! must be a ocated to each job in the cAT.Examples of these charges would be CAT management, CAT office, ad nin support, warehousing, etc,,,
'
VIE EILLIiI€ ATIO PAYiIET{T
1) Invoices qenerated in accordance with the BELFoR Rate and I\4aterials schedule wi be submiRed periodica[y for work rhat has been performed. Assuch, all rnvoices are due and pavable upon receipt and will be consrdered lare 30 days after receipt oi re rnvoice. Ir $,e.e aI unv o,sprted charg€s onanv invorce lhese should te clearlv identified rn writrng wrthin 30 days and an additio;at 30 days wi be a|owed to resotve dtsputj cnarges. rnrerestcharges will begin lo accrue after 30 davs ror undisplted charges a;d after 60 days fo; the disputed charges at the rate of: 1) 1olo per monih or 2) asspecified in rhe terms and condit,ons of the applcabte cont.act.
se and ordeE,nodent ro perrormance ofthe wo.t
BELFOR lnrlEl_ Cusromer tnitistl
RATE At{D I.IATERIAU; SCHEDULE FOR INVOICING (Exhibir B)
RED ALERT
Eff..tive h.: Y:r.\ 2ci5
ITEMIZED SCHEDULED EQUIPMENT 3
UNIT RATE EQUIPMENT DESCRIPTION
BETFOR
'
EQUIPMEI{T DESCRIPTION
LIGHTS
Ealoay g 110.00
POWER
(rat€ does nor indude fuet)
CLEANING/VACIJIJiIS/ ErIRACTION
lllsq
PUMPS
Pumo, Sumo / Flood
lamera,Ea I Day $
on,Dehumidifier -loo to l4oaHAM pinrs Ea/oay E -9!-
on,
cation, Desiccant -3500 dn EalDav r 1()().
rumidrrication. Desiccant -5OOO 6000 cfm Ea / Oay
catron Desiccant - 1oooo / r2mo .fm
eation, Desiccant -1so(ro dm Ea / Dav r 3
Desiccant - 25ocD dm ea / oay J s-8oz-
OolinO -1 Ton SDot Cooler Ee / Dav
lumidification/Coolinq - Dx Unit -20 / 30 ton Ea / Dav i 1
rumidification/Coolinq - Dx Unir,60 / 70 Ton EalDav 4 2o4r
cation,
cation,
rumidification.
)umidification.
rumidification.9l
et EalDav $ 5
BELFOR hTAI
IIATE AllD IIATERI LS SCIiCDULE FOR INYOICIXG (Ethibil c)
RED ALEPi
ITEMIZED SCHEDULED CONSUMABLES 3
t
ataattlr. i s 1! ii -,. r
UIIiIT
rves, cotton ( n.rds rneE)
)ves, Nitrile
,mte!:tNe Suits (rr4!)
lesoirator, N95qt
a Blaster Mate al
'T}re Er6 @nra'n@ ,n th6 qh,b,t are ddusNe of fede€t, srlte.nd ro<a $.6G as*oted w,th aFy aopr'.able fen.rer, state or to<at ap
'nc'dert to oerfoman@ of rhe worr.
CONSUMABLE DESCRIPIION