2016-02-02 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, February 2, 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. Swear-In Ceremony for promoted Fire Battalion Chief, Todd Painton.
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Regular City Council Meeting Agenda
February 2, 2016
Page 2 of 7
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
None.
Minutes – To be Received and Filed
None.
Warrant Registers
2. Approval of City Warrant Register No. 1441, totaling $1,035,548.32, which covers the period of
January 12, through January 25, 2016, and consists of the following:
A. Ratification of wire transfers totaling $448,227.33; and
B. Ratification of the issuance of early checks totaling $450,492.83; and
C. Authorization to issue pending checks totaling $136,828.16.
3. Approval of Light & Power Warrant Register No. 406, totaling $3,092,474.85, which covers the
period of January 12, through January 25, 2016, and consists of the following:
A. Ratification of wire transfers totaling $3,023,612.74; and
B. Ratification of the issuance of early checks totaling $62,977.82; and
C. Authorization to issue pending checks totaling $5,884.29.
4. Approval of Gas Warrant Register No. 194, totaling $1,315,144.06, which covers the period of
January 12, through January 25, 2016, and consists of the following:
A. Ratification of wire transfers totaling $1,303,756.32: and
B. Ratification of the issuance of early checks totaling $4,781.60; and
C. Authorization to issue pending checks totaling $6,606.14.
5. Approval of RDA Obligation Retirement Fund Warrant Register No. 29, for the ratification of
the issuance of early checks totaling $9,250.00.
Regular City Council Meeting Agenda
February 2, 2016
Page 3 of 7
Fire Department
6. Activity Report for the period of January 1 through January 15, 2016, to be received and filed.
Police Department
7. Activity Log and Statistical Summary of Arrests and Activities for the period of January 1,
through January 15, 2016, to be received and filed.
Public Works, Water, and Development Services Department
8. Building Department Report for the month of December 2015, and the Annual Building Report
for 2015, to be received and filed.
NEW BUSINESS
Fire Department
9. Approval of a Wireless Communications Use Agreement between the City of Montebello and the
City of Vernon.
Recommendation:
A. Find that approval of the proposed agreement is exempt under the California Environmental
Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only
applies to projects that may have an effect on the environment; and
B. Approve and authorize the execution of a three-year wireless communications use agreement with
the City of Montebello, a voting member of the Interagency Communications Interoperability
System Governance Board (“ICIS”), in substantially the same form as submitted with the staff
report, to allow the City of Vernon to share radio frequencies with a wide area interoperable radio
network.
10. A Resolution of the City Council of the City of Vernon approving and authorizing the execution
of a Verdugo Fire Communications Dispatch Service Agreement by and between the cities of
Burbank, Glendale, Pasadena and the City of Vernon.
Recommendation:
Items A-D:
A. Find that approval of the proposed resolution in the staff report is exempt under the California
Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that
CEQA only applies to projects that may have an effect on the environment; and
Regular City Council Meeting Agenda
February 2, 2016
Page 4 of 7
B. Approve and authorize the execution of a three-year Fire Communications Dispatch Service agreement
with the City of Burbank, the City of Glendale and the City of Pasadena (hereinafter referred to
collectively as the “Verdugo Cities”), in substantially the same form as submitted with the staff report,
to provide dispatching services of emergency fire and medical response. The proposed contract would
take effect July 1, 2016 and includes the purchase and installation of all equipment and infrastructure
required to be compatible with Verdugo Communications system in the amount of $192,649, in
addition, the City of Vernon Fire Department will pay $66.59 for each dispatched incident in the City
and for certain mutual aid incidents outside the Verdugo dispatch system for Fisca l Year 2016--17;
and
C. Approve and authorize the execution of a Promissory Note with the City of Glendale, in substantially
the same form as submitted with the staff report, which contemplates an advance of funds, in the
amount of $192,649, for the purchase of equipment and services required to be compatible with
Verdugo Communications system, in the form of payment to third parties for such purchase, which the
City of Vernon will repay to the City of Glendale; and
D. Authorize for the termination of the current dispatch service agreement with the Regional Joint Powers
Communication Center effective June 30, 2015.
Gas and Electric Department
11. Amendments to Power Purchase Tolling Agreement, Hoover Contract for Differences,
Interconnection Transmission Services Agreement; Limited Waiver of Default; and Estoppel
Certificate by and between the City of Vernon and Bicent California.
Recommendations
Items A-E:
A. Find that (a) the amendments for agreements between the City of Vernon and Bicent California
are not in reference to a “project” subject to the California Environmental Quality Act (CEQA)
under Guidelines section 15378 because it involves the administrative activity of purchasing
power; and (b) even if this approval were a “project” subject to CEQA, the approval requested is
exempt in accordance with CEQA Guidelines Section 15301(b), the general rule that CEQA only
applies to projects that may have an effect on the environment because purchasing power is purely
a financial transaction, and any construction that may occur by a private party in the future in
reliance on this approval would be subject to CEQA review by another governmental agency at
that time when actual details of any physical proposal would be more than speculative; and
B. Approve the following amendments between the City of Vernon (the “City”) and Bicent
California, in substantially the same form as attached with the staff report, for the purpose of
acknowledging a change in control at Bicent California, the owner of the Malburg Generating
Station (MGS) facility:
1. Third Amendment and Consent to Power Purchase Tolling Agreement (“PPTA”)
2. First Amendment and Consent to Hoover Contract for Differences (“CFD”)
Regular City Council Meeting Agenda
February 2, 2016
Page 5 of 7
3. First Amendment and Consent to Interconnection Transmission Services (“ITS”)
Agreement; and
C. Authorize the Director of Vernon Gas & Electric (“VG&E”) to execute all aforementioned
amendments between the City of Vernon and Bicent California which would provide City consent
for the allowance of an owner change of MGS (the “Facility”), the addition of a new equity partner.
There is no fiscal impact as a consequence of the implementation of the proposed amendments;
and
D. Approve and authorize the Director of VG&E to execute the Limited Waiver of Control Room
Default under the Lease, in substantially the same form as attached with the staff report, pursuant
to which Bicent waives (i) the City’s existing Control Room Default and (ii) Bicent’s Discharge
Right limited exclusively to and arising out of such Control Room Default. With this execution
of this agreement, Bicent forever waives the City’s existing Control Room Default; and
E. Approve and authorize the Director of VG&E to execute the Estoppel Certificate, in substantially
the same form as attached with the staff report, which essentially summarizes the details of the
Bicent transaction, proposed amendments, and waiver.
Human Resources Department
12. A Resolution of the City Council of the City of Vernon adopting an amended and restated citywide
fringe benefits and salary resolution in accordance with Government Code Section 20636(b)(1)
and repealing all resolutions in conflict therewith.
Recommendation:
A. Find that approval of the resolution 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. Adopt the resolution amending and restating the Citywide Fringe Benefits and Salary Resolution,
effective February 2, 2016, to reflect the following provision:
1. Amend Exhibit A, Classification and Compensation Plan, as follows:
a) Change salary grade for Deputy City Clerk to (C26 - $6,238 - $7582 – Confidential
Group)
C. Adopt the revised Deputy City Clerk Job Description, effective February 2, 2016, to reflect the
following provision:
1. Adopt Revised Deputy City Clerk Job Description.
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Regular City Council Meeting Agenda
February 2, 2016
Page 6 of 7
Public Works, Water and Development Services Department
13. Bid Award for Urban Forest Management Services, Contract No. CS-0607.
Recommendation:
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. Reject the bid of Trimming Land Company for the reasons set forth in the staff report; and
C. Accept the bid from West Coast Arborists, Inc., and enter into the contract, in an amount not to
exceed $258,973.00 for Urban Forest Management Services, Contract No. CS-0607.
14. Acceptance of Work of Sully Miller Contracting Company regarding Contract No. CS -0534 –
Slauson and Boyle Avenue and Traffic Improvements.
Recommendation:
A. Affirm that accepting the work of Sully-Miller Contracting Company, for the Slauson and Boyle
Avenue and Traffic Improvements, Contract No. CS-0534, is categorically exempt under the
California Environmental Quality Act (CEQA) in accordance with Section 15301, Existing
Facilities, part (c), existing highways and streets, because the project is merely to repair existing
streets; and
B. Accept the work of Sully-Miller Contracting Company, as part of the Slauson and Boyle Avenue
and Traffic Improvements, Contract No. CS-0534, and authorize the staff to submit for recordation
a Notice of Completion for the project.
15. A Resolution of the City Council of the City of Vernon approving and accepting the grant deed
dedicating in fee a portion of the property located at 4700 Alcoa Avenue.
Recommendation:
A. Find that accepting the Grant Deed is exempt from the California Environmental Quality Act
(CEQA) in accordance with CEQA Guidelines section 15301(c) because if any construction occurs
as a result of accepting and executing the Grant Deed, the work would merely involve negligible
expansion of an existing street; and
B. Adopt the proposed resolution to authorize the Mayor and City Clerk to execute the Certificate of
Acceptance and the Grant Deed for approximately 1,251.00 square feet of land located at 4700
Alcoa Avenue.
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Regular City Council Meeting Agenda
February 2, 2016
Page 7 of 7
ORAL REPORTS
16. City Administrator Reports – brief reports on activities and other brief announcements by the City
Administrator and Department Heads.
17. City Council Reports – brief report on activities, announcements, or directives to staff.
CLOSED SESSION
18. 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 28th day of January 2016.
By: ________________________________
Maria E. Ayala
City Clerk
RECEN\i ED
JAN 2 7 2016
CIIY CLERI('S OFFICE
DATE:
TO:
FROM:
RE:
STAFF REPORT
RECEIVED
JAN 2 5 2016
CITY ADMINISTRATIONFIRE DEPARTMENT
February 2, 2016
Honorable Mayor and City Council
Michael A. Wilson, Fire Chiel fjfin
Originator: Adriana Ramos, {lhinistrative Secretary
Badge Presentation Ceremony
Recommendation
Fire Chief, Michael A. Wilson, to present badge and recognition to the Fire Departrnent's newly
promoted Fire Battalion Chief, Todd Painton.
Backsround
The Fire Departrnent recently conducted an assessment center examination for the position of
Fire Battalion Chief. It was determined that Captain Todd Painton be promoted to the open
positon of Fire Battalion Chief.
Fiscal Imoact
There is no fiscal impact to the City's general budget as this positon was included in the 2015-
2016 fiscal year budget.
Attachment(s)
None
Page 1 of 1
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{
REGEIVED
JAN 2 7 2016
CITY CLERKS OFFICE
RECEIVED
FIRE DEPARTMENT
Michael A. Wilsoru Fire Chief
4305 Santa Fe Avenue, Vemory California 90058
Telephone (323) 583-8811 Fax (323) 926-7407
Jamary 26,2016
Honorable Mayor and City Council
City of Vernon
Honorable Members:
Attached is a copy of the vemon Fire Department Activity Report which covers the period of
January 1, 2016 through January 15,2016.
Respectfu Ily Submitted,
MAW:ar
: Fireletnow
lE4ckuive$ Inlustriaf
Fire Chief
ACTTVITY TYPE
FIRE PREVENTION:
Regular lnspections (#):
Re-Inspections (#):
Spec. Haz. Inspections (#):
Total lnspections:
Total Man Hours:
TRAINING(HOURS):
Firefighting
Hazardous Materials
Safety
Apparatus Operations
Equipment Operations
CPR
First Aid
Total Hours:
PRE-INCIDENT (HOURS):
Planning
District Familiarization
Total Hours:
PERTODTC TEST (HOURS):
Hose Testing
Pump Testing
VERNON rIRE DEPARTMENT
COMPAIYY ACTIVITIES
January l, 2016 to January 15, 2016
This Period Last Year
Last Year To Date
4t
26
3
73
79
152
4t
26
3
70
85
t6
18
70
85
This
Period
10
6
0
73
36
127
123
112
0
l9
490
This Year
To Date
l0
6
0
t6
l8
73
36
127
123
tt2
0
t9
85
65
136
138
139
7
l5
585
85
65
136
138
139
7
15
585
166
0
0
73
79
84
82
166
84
82
152
t6
l0
26
16
l0
26
0
0
Total Hours:
Page I
490
School Programs
Fire Brigades
Emergency PreParedness
Total Hours:
ROUTINE MAINTENANCE (HOURS):
Station
Apparatus
Equipment
Total Hours:
:Fireactivity
3
4
23
30
5
5
20
30
5
5
20
30
128
133
138
199
1103
130
t42
138
410
130
142
138
410
3
4
23
30
128
133
138
399
1103Grand Total Hours:1288 1288
Page 2
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lncident Date
01/01/2016 14:56:58
0110212016 22:27 .11
0110312016 02:28:12
01/03/2016 0942.10
0110312016 17:02:OG
0110412016 11.08:19
0110412016 11:16:09
0110512016 05:46:48
01/05/2016 06:19:57
0110512016 06:36:00
0110512016 07.13:12
0110512016 12:41:22
0110512016 12:44.23
0110512016 12.44:42
0110512016 12:46:44
0110512016 12:49:31
0110512016 12.56:29
0110512016 13:18:02
01t0512016 14:18.32
0110512016 18.51:14
01/06/2016 09:36:48
0110O12016 20:48:26
01lOGl2016 21:05:51
0110O12016 23:U:15
0110712016 06:49:29
0110712016 09:27:57
0110712016 12:47.23
0110712016 21:18.33
0'l/08/2016 02:46:33
0110912016 12:51:19
0110812016 14:01:47
0110812016 15:21:27
01/08/2016 15:31:06
0110812016 17:40:U
01tOBl2O16 20:20.23
01t0812016 20:20.51
01t1012016 15.43:19
0111012016 23:31:17
0111112016 06:04:18
0111112016 06:26:39
0111112016 09:05:09
0111112016 17:30:40
0111212016 06:52:32
0111212016 16:54.14
PREVENTION FOLLOW{'P?
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
shiftlncident TYPe
321 EMS call, excluding vehicle accident with inju
311 Medical assist, assist EMS crew
7OO False alarm or false call, other
311 Medical assist, assist EMS crew
321 EMS call, excluding vehicle accident with inju
321 EMS call, excluding vehicle accident with inlu
743 Smoke detector activation, no fire - unintenti
324 Motor vehicle accident with no iniunes
321 EMS call, excluding vehicle accident with inju
735 Alarm system sounded due to malfunction
700 False alarm or false call, other
745 Alatm system activation,no fi re,unintentional
813 Wind storm, tornado/hunicane assessment
400 Hazardous condition, other
813 Wind storm, tomado/hurricane assessment
800 Severe weather or natural disaster, other
444 Power line down
400 Hazardous condition, other
700 False alarm or false call, other
321 EMS call, excluding vehicle accident with inju
321 EMS call, excluding vehicle accident with inju
611 Dispatched & canceled en route
571 Cover assignment, stiandby, moveup
700 False alarm or false call, other
740 Unintentional transmission of alarm, other
413 Oil or other combustible liquid spill
31 1 Medical assist, assist EMS crew
700 False alarm or false call, other
740 Unintentional transmission of alarm, other
300 Rescue, EMS incident, other
700 False alarm or false call, other
700 False alarm or false call, other
322 Motor vehicle accident with iniuries
322 Motor vehicle accident with iniuries
700 False alarm or false call, other
710 Malicious, mischievous false call, other
611 Dispatched & canceled en route
321 EMS call, excluding vehicle accident with rnju
322 Motor vehicle accident with injuries
741 Sprinkler activation, no lire - unintentional
324 Motor vehicle accident with no injuries
700 False alarm or false call, other
700 False alarm or false call, other
321 EMS call, excluding vehicle accident with inju
740 Unintentional transmission of alarm, other
700 False alarm or false call, other
31 1 Medical assist, assist EMS crew
321 EMS call, excluding vehicle accident with inju
3'11 Medical assist, assist EMS crew
31 1 Medical assist, assist EMS crew
700 False alarm or false call, other
324 Motor vehicle accident with no injuries
741 Sprinkler activation, no fire - unintentional
32'l EMS call, excluding vehicle accident with inju
700 False alarm or false call, other
324 Motor vehicle accident with no injuries
700 False alarm or false call, other
300 Rescue, EMS incident, other
0111212016 17:34:12
0111312016 0234:24
0111312016 08:22:44
0111312016 10:44:31
01/13/2016 10:53:33
0111312016 13:53:44
0111312016 15:57:44
0111312016 16:50:29
0111412016 06:39:50
0111412016 07:43:16
0111412016 12:05:40
0111412016 16:34:04
0111512016 08:48:38
0111512016 13:29:43
0111512016 17:38:26
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
o
o
F i! N F (\l - - ? a{ n| \O ? d fa F lrl F ? nl !.t ? F F'{
lt)
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.$lo-*t*t*
W,uoo cnvnorurff
RECEIVED
JAN 19 2016
POLICE DEPARTMENT
Daniel Calleros, Chief of Police
4305 Santa Fe Avenue, Vemoo Calilomia 90058
Telephone (323) 587-5171 Fax (32$ 826-7a87
January 18,2016
Ilonorable City Council
City of Vernon
Vernon, California
Honorable Members:
Attached are copies of the Vemon Police Department Activity Log and Statistical
Summary of Arrest and Activities which cover the period from 12:01 a.m., January
l,2016 up to and including midnight ofJanuary 15,2016'
Respectfu lly submitted,
VERNON POLICE DEPARTMENT
0r^*l c/4*-
DAIIIEL CALLEROS
CHIEF OF POLICE
DClar
Eachsivety tnfiutttut
VERNON POLICE DEPARTMENT
D ep artment Activity Report
Jurisdiclion: vERNoN
Firct Date: o1lo1t2o16
Lasl Date: 01/1512016
Depa ment Complaint
Type Description
All Units Primary Unit
!?D
t0s
,I G96H
10-95M
140
20001
20002
20002R
211
211S
242
242R
415
415R
422R
4594
459R
4595
459VR
476R
484R
487R
586
586E
594
594R
602
653M
901
9017
9027
902TR
9097
911
91'1A
917A
925
927
A484
A484R
AB109
AGGR ANI
AGTAR
ASTVFD
BARCK
BOSIG
BOVEH
CITCK
CIVIL
oFFrcER rs 106 c7.961 .962,10-10. WASH. EQUIP^
PICK UP THE JAIL PAPER WORK FROM HP JAIL
10.96 MARY (MAIL DETAIL)
SUPPLEMENTAL REPORT
INJURY HIT AND RUN
NON.INJURY HIT AND RUN
NON]NJURY HIT AND RUN REPORT
ROBBERY
SILENT ROBBERY ALARM
BATTERY
AATTERY REPORT
DISTURBING THE PEACE
DISTURBING THE PEACE REPORT
TERRORIST THREATS REPORT
AUDIBLE BURGLARY ALARM
BURGLARY REPORT
SILENT BURGI.ARY ALARM
BURGLARY TO A VEHICLE REPORT
FMUD REPORT
PETTY THEFT REPORT
GRANO THEFT REPORT
PARKING PROBLEM
PARKING ENFORCEMENT
VANDALISM
VANDALISM REPORT
TRESPASS
ANNOYING PHONE CALLS
UNKNOWN INJURY TMFFIC COLLISION
INJURY TRAFFIC COLLISION
NON]NJURY TRAFFIC COLLISION
NON-INJURY TMFFIC COLLISION REPORT
TRAFFIC HAZARD
911 MISUSE / HANGUP
CONTACT THE REPORTING PARTY
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PROBATION / PAROLE COMPLIANCE CHECKS
AGGRESSIVE ANIMAL
ATTEMPT GRAND THEFT AUTO REPORT
ASSIST VERNON FIRE DEPARTMENT
BAR CHECK
BROKEN SIGNAL OR LIGHT
BROKEN DOWN VEHICLE
CITATION CHECK
CIVIL MATTER
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01/16/2016 00:11:12 Page of
VERNON POLICE DEPARTMENT
Department Activity Report
Jurisdiaion: vERNoN
Firsl Dale: 01/01/2016
Last Dale: o1/15/20't6
Depa ment Complaint
Type Description
All Units Primary Unit
VPD
COP COP DETAIL
DET DETECTIVE INVESTIGATION
OETAIL DETAIL
4
49
o
1
1
43
6
o
o
1
5
1
3
5
19
2
93
2
97
2
4
16
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205
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l0
DPTAST
DUI
FILING
LOCATE
LOJACK
LPR
PATCK
PDO
PEDCK
PLATE
FU FOLLOW UP
GTAR GRAND THEFT AUTO REPORT
HBC HAILED BYA CITIZEN
JAILPANIC TEST THE JAIL PANIC ALARM BUTTON
KTP KEEP THE PEACE
DEPARTMENTAL ASSIST
DRIVING UNDER THE INFLUENCE
OFFICER IS 106 REPORT WRITING
LOCATED VERNON STOLEN VEHICLE
LOJACK HIT
LICENSE PLATE READER
PATROL CHECK
PROPERry DAMAGE ONLY
PEDESTRIAN CHECK
LOST OR STOLEN PLATES REPORT
PANIC ALARM PANIC ALARM/DURESS ALARM
PAPD PUBLIC ASSIST.POLICE
PRSTMN PRISONERTRANSPORTED
REC RECOVERED STOLEN VEHICLE
RECKLESS DT RECKLESS DRIVING (23103)
REPO REPOSSESSION
ROADRAGE ROAD RAGE
RR RAIL ROAD PROBLEM
SPEED SPEEO CONTEST OR SPEEDING (23109)
TMFFIC STOI TMFFIC STOP
VCK VEHICLE CHECK
VEH RELEASE VEHICLE RELEASE
WARMNT WARMNT ARREST
WELCK WELFARE CHECK
WRNTSVC WARMNT SERVICE
Depa ment:1359 897
Overall:898t359
U/16aUO 00:11:42 Page of
VERNON POLICE DEPARTMENT
Police Activity Report
PeriodEnding: 01.115116
TRAFFIC COLLISIONS
TOTAL
NON-INJURY
INJURY
Pedestrian
Fatalities
City Property Damage
Hit & Run (Misdemeanor)
Hit & Run (Felony)
Persons Injured
VEHICLES STORED
Unlicensed Driver
Abandoned,/Stored Vehicle
Traffic Hazard
CITATIONS
Citations Iss (Prisoner Release)
Citations Iss (Moving)
Citations Iss (Parking)
Citations Iss (Total)
Hazardous
Non-Hazardous
Other Violations
CASES CLEARED BYARREST
AR16-003 CRl6-0005
AR16-004 CRl6-0008
NO.
13
8
5
PROPERTY RECOVERED
VEHICLES: $36,500
PROPERTY RECOVERED FOR
OTHER DEPARTMENTS
VEHICLES: $6,500
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4
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13
22
22
6
151
25
176
38
112
I
I1377 H&S
3I VC
ARl6-005 CR16-0008 148(A) (l) PC
AR16-006 CR16-0026 459 PC
ARl6-007 CR15-22s5 594(8) (1) PC
AR16-008 CRr6-0049 11377(A) H&S
ARl6-01 I CRl6-0082 11364 H&S
AR16-013 CRl6-0115 11364 H&S
ARl6-014 CRl6-0116 lt364H&S
VERNON POUCE DEPARTMENT
REPORT FOR PERSOI{S ARRESTED
PERIOD ENDING 01/15/16
AND
MALE FEMALE TOTAL
ASSAULT WNH A DEADLY WEAPON
BURGLARY 1 1
DOMESTIC VIOLENCE
GMND THEFT OVER $4OO
GMND THEFT AUTO
MURDER
POSS. CONTROLLED SUESTANCE
ROBBERY
TMNSPORT/SELUNG CONT. SUB,
VANDAUSM 1 1
WARRAITT (FOREIGN)
WARMNT (BENCH)1 1
TOTAL FELONY ARRESTS 3 0 3
ADULT MISDEMEANOR ARRESTS AND DISPOSTTIONS
MALE FEMALE TOTAL
APPROPRIATE LOST PROPERTY
DRIVING WIITI A SUSP. UCENSE
DRIVING UNDER THE INFLUENCE
DRUNK IN PUBUC
GIVE FALSE INFO TO PEACE OFCR.1 1
OBSTRUCT/RESIST OFFICER
POSS. CONTROLLED SUBSTANCE 2 2
POSS. CONT. SUB PAMPHERNAUA 3 3
RESIST/DELAY TO PEACE OFCR.1 1
TRESPASSING
WARMNTS (BENCHTTRrc)4 4
WARMNTS (FOREIGN
TOTAL MISD. ARRESTS 11 0 11
MALE FEMALE TOTAL
BURGLARY
PETTY THEFT
VANDAUSM
VEHICLE THEFT
WARMNTS (BENCH)
TOTAL
'UVENILES
DET,0 0 0
TOTAL FELONY ARRESTS (ADULT) TO DATE:
TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE:
TOTAL JUVENILES DETAINED (FELONY AND MISDEMEANOR) TO DATE:
TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR) TO DATE:
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RECEIVED
JAN r 2 20t6
CITY ADMINISTRAT
STAFF REPORT
PUBLIC WORKS, WATER & DEYELOPMENT SERVICES
DEPARTMENT
DATE:
TO:
FROM:
February | 2016
Honorable Mayor and City Council t
Scott Rigg' Public Wor*s and Water Superintenden! Water & Development Serviccs
Departrcnt Ntf
Originator: AHonso Hernandez, Permit Technician
Cynthia Mireles, Permit Technician.frt
MONTHLY BI.]ILDING DEPARTMENT RPORTRE:
Enclosed herewith is the Annual Building Report for the year of 2015 and Monthly Building Repon for the
month of December 20 I 5. Thank You.
Value # of PermitsType
Commercial - Remodel
Demolition
Electrical
Grading
Industrial - Addition
Industrial - New
Industrial - Remodel
Mechanical
Miscellaneous Permit
Plumbing
Roofing
TOTALS
TOTAL ANNUAL FEES COLLECTED
Certificate of Occupancy - New Buildings
Certificate ofOccupancy - Existing Buildings
$30,000.00
$896,300.00
$6,730,883.00
$2,367,500.05
$819,250.00
$26,469,934.00
$4,538,216.00
$11,63s,876.00
$14,400,765.00
$2,478,088.00
I
15
189
l0
5
7
77
ll0
163
90
33
972,799,039.05
$810,552.39
l0
r62
/-z'4
Scott Rigg
Public Works & Water Superintendent
Pubtic Works, Water & Development Services
CitY of Vernon
Building DeParEnent
Monthly Report from 12J112015to 1a31120'15
Electrical
Grading
lndustrial - Addition
lndustrial - Remodel
Mechanical
Miscellaneous
Plumbing
Roof
$598,268.00
$858,444.75
$500,000.00
$389,000.00
$787,213.00
M06,294.00
$332,700.00
$235,000.00 2
20
2
1
7
13
13
December 2015 TOTALS PERMITS:
PREVIOUS MONTHS TOTAL
YEAR TO DATE TOTAL
December 2014 TOTALS PERMITS:
PREVIOUS MONTHS TOTAL
PRIOR YEAR TO DATE TOTAL
$4, 1 06,9 1 9.7 s
$68,692,119.30
s15,731,307.00
$58,564,922.00
66
634
700
88
1170
" a7'4
Scott Rigg
Public Works & Water Superintendent
Public Works, Water & Development Services
-
su@m.gd 't258
City of Vernon
Building DePartrnent
Major Proiects from 1A112015to 1213112015
valuations >
Permit No.
Electrical
B-2015-0184
8-201$.081'l
B-2015-0837
B-201+O7',17
8-2015-O727
B-201+0715
B-201$.0856
Address
3301 FRUITLAND AVE
APN 6303027002
49OO SOTO ST
APN 6303023008
5OOO HAMPTON ST
APN 6308010026
3636 26TH ST
APN 5't92025002
5325 SOTO ST
APN 6309026033
2311 48TH ST
APN 6308014027
4906 ALCOA AVE
APN 6303026010
Tenant
lris Vvholesale lnc.
Local Roots
Job Value
60000New offce 2nd floor and 1si floor
renovation.
Add receptacle, lighting & ac units
Remove 800amp 3 0 3w service
and replace with 800 amp 3 0 4 w
services.
Electrical construction for new
manufacturing building.
Electrical for refligerate loading
dock
Upgrade incoming service for new
freezer, cooler & chill dock
lnstalling (2) 2000 amp sland uP
switch gears, (1) 600 amP stand uP
switch gear, 2 sub-panels, and I
transformer.
25000
21000
60000
31000
247900
70000
Grading
B,-20'15-0262 ,1490 AYERS AVE
APN 6304001023
B-201t0571 4700 ALCOA AVE
8-201$,0806 330'I FRUITLAND AVE
APN 6303027002
Grading plans
Grading for new building. Bon
2nd story addition of 5,628 sq fr on
existing office area ofwarehouse
and office structure
380000
478444.75
ApN 6303019011 APPetit.
---$85sJ44.?52 Record(s) '---'
lndustrial - Addition
500000
lndustrial - Remodel
B-201'0808
B-2015-0812
B-20',|5-0726
4900 soTo sT
APN 6303023008
3090 50TH ST
APN 6303029014
5325 SOTO ST
APN 6309026033
4561 LOMA VISTA AVE
APN 6304022059
Enclose metal shed
Demo. 3000 sq. ft. of office and
3200 sq. fl. of concrete floor.
Refrigerate loading dock
Extend existing cutting room #1 to
existing office. Extend cutting room
#2 lo existing cooler. lnstall 4 new
floor sinks/ install 6 new trench
drains.
32000
125000
50000
B-20'15-0781 38000
------------5i4sooJo7 Record(s) . ,
lndustdal - Remodel (Cont)
8-201'0716 2750 ALAMEDA ST
APN 6302009035
8-2015-0707 2939 BANDINI BLVD
APN 6303002020
Voluntary Seismic upgrade of roof
diaphragm construction
New non-bearing partition walls and
ceiling. T-bar, tloor and wallfinish.
95000
44000
irechanical
8.-2015-0402
B-201S0809
B,-201s.0211
B-201$.0834
B-20't5-0845
B-20't+0552
5970 ALCOA AVE
APN 6310027039
49OO SOTO ST
APN 6303023008
3301 FRUITLAND AVE
APN 6303027002
6180 ALCOA AVE
APN 6310027036
42OO ALAMEDA ST
APN 6302017045
3420 VERNON AVE
APN 6303011047
5325 SOTO ST
APN 6309026033
s32s soTo sT
APN 6309026033
Spiral Freezer Refrigeration
equipment only. (Filed w/ B-20'15-
0403)
2 6.5 ton HVAC units and ducling
(6) HVAC Units, spiral ductwork
and exhaust fans for office Tl
Replaced condencing unit & two
evaporaters
lnstall lce maker (Iiled M 8-201t
0721)
(2) exhaust fans and sensors
(note: Electrical will be submitted
later.) -CM
Equipment only for rerrigerate
loading dock
Mechanical installation of
Refrigerate loading dock
400000
20000
30000
25000
8,-20'15-0728
B-2015-0729
20000
54913
140000
60000
Miscellaneous
B-2015-0798 36000
131000
20000
87000
B-20',t5-0622
8-2015-0721
8-2015-0852
8-2015-0441
4215 EXCHANGE AVE
APN 6304021049
6047 MALBURG WAY
APN 6310027044
42OO ALAMEDA ST
APN 6302017045
4133 BANDINI BLVD
APN 5243020023
5503 BOYLE AVE
APN 6310011001
Remove refrigeration equiPment
from exterior of building. Replace
pre-fabricated ceiling in existing
"coole/' box.
lnstallation of storage racks -
Sprinkler system design is .70/2000
286, - bin box and tote case
storage - group "A" Plastic, - 44
inch aisles, - building access
provided, - smoke and heat
removal provided, - maximum
storage height ok to I feet.
lnstallation of ice maker platform
and eqipment anchorage.
Truck Scale replacement and
retrofit to new scale. Slabs.
lnstallalion of prefabricated
concrele equipment sheltrer, and
antennas mounted on CEJ
monopole.
80000
. Permit No. Proiect Addrcss Tenant Description Job Value
----gA"ooooo5 Record(s) --- ''--- -
Plumbing
B-201$.0850
B,-2015-0272
B-2015-0783
47OO ALCOA AVE
APN 6303019011
5119 DISTRICT BLVD
APN 6314003900
4561 LOMA VISTA AVE
APN 6304022059
New Building
new site ulilities. (Filed W/ 8-201$
0571)
Storm drain for new building.
FA r 800-090-123
lnstall4 new floor sinks.
lnstall 6 new trench drains.
lnstall 2 new sinks. Sample box
200000
70000
32000
tear-ofi down to wood decking.
lnstall hotmop roofing system,
mnsisting of Tille 24 compliant 2"
insulation, 7-course cap-sheel,
elastomeric coating.
Tear off and replace 548 squares.
55000
8-201t0840 1951 48TH ST
APN 6308014025
-Ihs-oooJo
2 Record(sl ----,---'--
Total $3,898,257.75
Roof
8-201S0818 2800 SOTO ST
APN 6303004801
180000
34 Pemit(s)
,a/,.{.,a a /3
Scott Rigg
Public Works & Water Superinlendenl
Public Works, Water & Development Services
@ City of Vemon
Building DePartnent
New Buildings Report - December 2015
None
Public Works & Water Superintendent
Public Works, Water & Development Services
City of Vernon
Building DeParBnent
Demolition Report - December 2015
None
Scott Rigg
Public Works & Water Superintendent
Public Works, Water & Development Services
City of Vernon
Building DePartment
Status of Certificates of OccuPancy Requests
Month of December 2015
Request for lnspection
Approved
Pending
Temporary Occupancies
37
22
306
26
61 /
Scott Riggs
Public Works & Water Superintendent
Public Works, Water & Development Services
City of Vemon
Certificate of OccuPancY
Applications Date Frcm'121112015 6 1A3112015
Certificate ot Occupancy
c-20'15-0278 Havila Colledion
C & A lnvestmenls
Luxury Perfume
\ riats Sub
Allison Place Shi]t CoIp.
Comore Co. Textile
Sky Finishing lnc.
LA Dollar World
Annabel Garment
Shine Online Sales, lnc.
ITA Clothing
FNF Garment Sew
RA3, lnc. DBA IN-EX
Liz & Gf
Reliable Funding, inc.
Verizon vMreless
Manuel Regalado dba El
Courboy Distributor
CoMan LLC
RPI|VVEST inc.
Wendy Aguilar
Garmenl sewing
Warehouse rods and
distr.
Beauty supply
distribution
Sandwhich shop
Garment sampling
Fabric Wholesale
Label change on
apparel
general merchandise
sales online
Garment manufaclurer
Otfice use
Make clothing,
samples, and Pattems.
Sewing and sampling
Refabrication of
custom designed
cabinetry
manufuclures
handbags
Truck and Freight
Terminal
Unmanned wireless
cell sile
Warehouse general
merchandise
Food Manulacturing
Office use
Office - garment
samPling
5810 2ND ST
APN 6308019028
3130 LEONIS BLVD
APN 6303025009
5124 PACIFIC BLVO
APN 6308003012
3634 SOTO ST
APN 6303004039
3130 LEONIS BLVD
APN 6303025009
2757 LEONIS BLVD
APN 6308002012
2890 54TH ST
APN 6310010007
2770 LEONIS BLVD
APN 6308002009
3130 LEONIS BLVD
APN 6303025009
2455 27TH ST
APN 6302004025
3130 LEONIS BLVD
APN 6303025009
3130 LEONIS BLVD
APN 6303025009
4201 DISTRICT BLVD
APN 6304028015
3,I30 LEONIS BLVD
APN 6303025009
2634 26TH ST
APN 6302001030
5503 BOYLE AVE
APN 6310011001
49OO LOMA VISTA AVE
APN 6304017012
3305 VERNON AVE
APN 6303006071
2636 LEONIS BLVD
APN 6308003020
3130 LEONIS BLVD
APN 6303025009
689.00
300.00
689.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
689.00
300.00
689.00
300.00
689.00
940.00
300.00
300.00
8000
c-201$0281
c-201fi282
c-201$o283
c-20'ts42u
c-201t0285
c-201 286
c-20154287
c-201s0288
c-201t0289
c-2015-0290
c-201+0291
c-2015-0292
c-20110293
c-20154294
c-20154295
c-201t0296
c-20154297
c-2015-0298
c-20't5-0299
2500
15900
'1250
2400
2500
3500
340
600
1500
700
800
11245
1400
8640
186
26923
103633
1000
200
c-2015-0300
c-20'15-0301
c-2015-0302
c-2015-0303
689.00
815.00
689.00
689.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
689.00
300.00
300.00
300.00
300.00
689.00
16620
85032
1 1000
12264
476
2500
475
147
1367
319
586
33360
328
1000
510
3000
20000
c-2015-0305
c-2015-0304 1945 55TH ST
APN 6308016027
C.2015-0306 25OO FRUITLAND AVE
APN 6309009005
c-2015-0307 5899 DOVVIIEY RD
APN 6310004014
c-20'15-0308 5107 DISTRICT BLVD
APN 6304010015
c-2015-0309 4415 PACIFIC BLVD
APN 6308006014
c-2015-0310 5503 BOYLE AVE
APN 5310011001
c-2015-0311 2422 28THS1
APN 6302005007
c-2015-0312 2833 LEONIS BLVD
APN 6303022004
c-201t0313 2600 LEONIS BLVD
APN 6308003020
c-201$'0314 2833 LEONIS BLVD.
APN 6303022004
c-2015-0315 5825 SANTA FE AVE
APN 6308019011
c-2015-O279 4662 49TH ST
APN 6304017013
Blue Republic Corp.
Neighborhood Steel LLC
dba Maas-Hansen Steel
AF Designs Co., lnc.
Novatex lnlernational
T-Mobile West Tower LLC
Lavender Apparel, lnc.
T- Mobile West Tower LLC
CCTMI LLC
NCWPCS MPL 26
NCVVPCS MPL 'I9
STC One LLC
Sagebrook Home
Urban lmports lnt.
Rudy's Grading & Marking
lnc.
Avcore Enterprises, lnc.
Select Check Cashing lnc.
D&J Fashion, lnc. dba
Janette Plus
warehouse and
showroom
Steel distributor
Vvholesale fashion
accessory
Warehouse fabric,
vynil and leather
Cell Tower Site
Fabric Vvholesaler
Cell site
Cell sile
Cell sile
Cell siie
Cell site
warehouse and
distribution of home
fashion districls.
Offce for export
Designing apparel
Offce use
Financial services,
dleck cashing
Manufacluring of
garments
2324 49TH ST
APN 6308015023
2435 37TH ST
APN 6302005021
3OO7 BANDINI BLVD
APN 6303002014
3351 SLAUSON AVE
APN 6310004010
3737 SOTO ST
APN 6302020044
Record(s)
Permits(s)
Total for Certificate of Occupancy:$16,145.00 383,351.00
ciiy of Vemon
Certifi cate of OccuPancY
fasued Date From lZ1l2015b 1a3112015
Certificate of OccuPancy
12t10t20'15 c-2015-O2U 2335 52nd LLC
UPD, lnc. Dba United Pacific
Wrole Food Trading Co.
JB American Standard lnc.
TroskiCargo lnc.
Fat Finger
Vernon Mllage Park
Apartrnents
Vemon Mllage Park
Aparlments
Vemon Mllage Park
Apartments
Vernon Mllage Park
Apartments
Vemon Mllage Park
Apartments
Damoa Texiile. lnc.
CA Lhuidators LLC
MAKEUP S. HE, INC.
Oollarwise Trading lnc.
Dynamic Gifr lnc.
Fashion Distributions Center,
lnc.
KocalTrading Co.
26 Califomia Bazaar
Wholesale
United Parcel Services lnc.
D&J Fashion, lnc. dba
Janette Plus
Central Occupational
Medicine Providers
ffice use
Warehousing oI
general merchandise
Warehousing of
food/cooler
Garment Sewing
Warehousing of
general merchandise
Warehousing of
garments/Printing
Multifamily housing
apartmenls
Multifamily housing
apartments
Multifamily housing
apartments
Multifamily housing
aparlments
Community
Center/MultifamilY
housing aPartments
Manufacturing of
fabrics
Warehouse of general
merchandise
warheousing o,
cosmetics
Warieousing general
merchandise
Warehousing of
general merchandise
General office/
handbag warehouse
Warehousing of
garments
Warehouse of general
merchandise
Parking lot
Manufacturing of
garments
Occupational medicine
2335 52ND ST
APN 6308016016
4587 MAYWOOD AVE
APN 6304028032
4405 FRUITLAND AVE
APN 63040260',l7
2115 ANDERSON ST
APN 6308019030
2909 LEONIS BLVD
APN 6303022006
3056 BANDINI BLVD
APN 6303006042
4659 52ND DR
APN 6314002900
4675 52ND DR
APN 6314002901
4627 52ND DR
APN 6314002901
4643 s2ND OR
APN 6314002900
4611 52ND DR
APN 631400290',|
4726 EVERETT CT
APN 6304025009
3155 BANDINI BLVD
APN 6303001008
4726 26TH ST
APN 633200',1003
4159 BANDINI BLVD
APN 52430200',I4
4626 PACIFIC BLVD
APN 6308004010
2640 26TH ST
APN 6302001028
2385 27TH ST
APN 6302008016
2845 26TH ST
APN 5169031013
2O3O ROSS ST
APN 6302011016
4662 49TH ST
APN 6304017013
3688 SOTO ST
APN 6303004039
12l',tol20'15
'12t15t2015
't2t16n015
12t'.t612015
12,16n015
12121t2015
't212112015
12t21t2015
1A21D015
12121t2015
't2122t2015
1212A2015
12,2i,2015
't2t23t2015
12n312015
'tz23DO15
122312015
12130t20'15
12130t2015
1 U2015
12BOaO15
coo-003-751
c-201r0107
c-201$0224
coo-003733
coo-o03-74'l
c-20'tro14a
c-201$o149
c-201r0110
c-201$01 1'l
c-20't5-o1'12
c-20154276
c-201fi27'l
c-20't54261
c-201s0219
c-20'tso225
c-201t0239
c-201F0249
c-2015-0002
c-201fi272
c-201fi279
coG003-744
Record(s)
300.00
689.00
689.00
300.00
689.00
300.00
0.00
0.00
0.00
0.00
0.00
689.00
1,630.00
689.00
689.00
300.00
689.00
300.00
1,880.00
300.00
689.00
300.00
21000
446r'.
2000
'1584
'11392
7176
12528
7't76
5899
20000
70000
10069
36600
5000
13800
3000
'120000
100
20000
4300
Peimits(s)
Total for Certificate of OccuPancy:
17 453
22
RECEIVED
REGEIVED
CIIY CLERKS OFFICE
DATE:
TO:
FROM:
RE:
JAN 2 7 20t6
JAN 2 I 2016 STAFF REPORT CITY ADMINISTR
FIRE DEPARTMENT
February 2,2016
Honorable Mayor and City Council
Michael A. Wilson, Fire Chief ,4r.-
Originator: Adriana Ramos, Administrative Secretary
Approval of a Wireless Communications Use Agreement between the City of
Montebello and the City of Vernon
Recommendation
A. Find that approval of the agreement proposed in this staff report is exempt under the
Califomia Environmental Quality Act C'CEQA) in accordance with Section 15061(bX3),
the general rule that CEQA only applies to projects that may have an effect on the
environment; and
B. Approve and authorize the execution ofa three-year wireless communications use agreement
with the City of Montebello, a voting member of the Interagency Communications
Interoperability System Govemance Board (.'ICIS), in substantially the same form as
submitted herewith, to allow the City of Vemon to share radio frequencies with a wide area
interoperable radio network.
Backsround
On November 17,2015, the City Council of the City of Vemon authorized the City Administrator to
issue a notice to the Los Angeles Regional Interoperable Communications System (LA-RICS) Joint
Powers Authority ("JPA") of determination to withdraw from the LA-RICS board. Presently, the
City of Vemon is not a participant of any JPA Agreement. The City, however, still has a need for
interoperable and regional communications. Upon evaluation, staff recommends ICIS as the best
option for interoperable and regional communications for the Vernon Fire Depanment ("VFD") and
the Vernon Police Department ("VPD").
ICIS was established as a JPA in 2003 and is comprised of the cities of Azusa, Beverly Hills,
Burbank, Covina, Culver City, Glendale, Glendora, Irwindale, La Verne, Montebello, Pasadena,
Pomona and West Covina, in addition to numerous subscriber cities. There are 3l Fire/EMS and
Police agencies operating on the ICIS system as their primary means of mission critical and general
communications. These agencies represent 22 individual cities and several thousand first responders
within Los Angeles County. The ICIS system supports Police, Fire, Emergency Medical, General
Page I of 2
Govemment, Public Utility, and Transportation resources in its member and subscriber communities.
ICIS is a full service system sustaining both first and second responder resources on a single
systeminteroperable communications platform. There are some 20,000 radios affrliated to
including regional mutual aid resources.
The ICIS radio system is a UHF, trunked radio system operating in the UHF (450-512 Mhz) band. It
is a shared system with components purchased and constructed by individual cities and linked
together through a microwave network in order to provide regional coverage. The concept of the
ICIS was bom out ofthe need for its current member agencies to replace their aging infrastructure.
The ICIS network is the most advanced municipal radio system in the Los Angeles area. lt provides
an interoperable solution for its users and for subscriber agencies alike. The system covers from the
San Bemardino County Line to the Pacific Ocean and provides the ability for its users to
communicate with one another from anyvhere within the footprint of the network. Beyond the
technology is the govemance of the network as each agency owners and operates its own radio
system.
VFD and VPD operate on a VHF radio system with the ability to communicate with neighboring
agencies that also operate on VHF, and those on UHF through the use ofUHF band radios installed
in vehicles. Neighboring police agencies operating on VHF channels are programmed into VFD and
VPD radios. From an operational standpoint, Land Mobile Radio (LMR) communication is the
primary tool for day-to-day and emergency operations within the City of Vernon, with LTE serving
as a supportive/secondary method for transmitting information. Participation with ICIS would require
that VPD upgrade its radio system to be fully compatible with the existing ICIS infrastructure.
The proposed agreement has been reviewed and approved as to form by the City Attorney's
Department and would be effective from July l, 2016 through June 30, 2019. Pursuant to the Vemon
Municipal Code, Section 2.17.12(A)(5), the agreement requested herein is exempt from competitive
bidding requirements because it is a contract with other governmental entities.
Fiscal Impact
The cost per radio per month for access to the wide area interoperable radio network is $17 for the
first calendar year, thereafter, the cost per radio can be renegotiated on an annual basis. At 126
radios, the annual projected cost will be $25,704. In addition, the current contract the City has with
Advanced Electronics for radio maintenance, will be lowered, as the City will no longer have to pay
for VHF radio maintenance.
There is no immediate financial impact for VPD to upgrade its radio system at the moment.
However, it is anticipated that VPD will need to upgrade the current aging radio system within the
next five (5) years at a cost estimated at $350,000.00. Moving to the ICIS radio system platform is a
cost effective approach for VPD. VPD over the years has acquired UHF mobile and portable radio
equipment through grant funding that will be necessary to begin the initial transition to the ICIS
system. VPD plans to cover any other necessary equipment needs with asset forfeiture funds.
Attachment(s)
l. Wireless Communications Use Agreement between the City of Montebello and City of
Vemon
on
the
Page 2 of 2
WIRELESS COMMUNICATIONS USE AGREEMENT BETWEEN THE CITY OF
MONTEBELLO AND CITY OF VERNON
This AGREEMENT, made and entered into this _ day of _, 2016, by the City
of Vernon, a municipal corporation and California chartered city located at4301 Santa Fe
Avenue, Vernon, CA 90058 ("Subscriber''), and the City of Montebello, a municipal
corporation and California general law city located at 1600 W. Beverly Blvd., Montebello,
CA 90640 ("Member," and together with Subscriber, the "Parties" and each, a "Party").
RECITALS
WHEREAS, Member is a voting member of the lnteragency Communications
lnteroperability System Governance Board ("lClS") and has built an infrastructure which
provides for a wide area interoperable radio network;
WHEREAS, Member has the technical ability to host additional radio units which
may roam on its network; and
WHEREAS, Subscriber owns wireless communications systems and devices,
which consist of radios as specified in this Agreement and desires to roam on the network
of Member.
NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is expressly acknowledged, the Parties agree as follows:
1.0 PURPOSE
The purpose of this Agreement is to allow Subscriber to share radio frequencies
with Member. lt also includes responsibilities of Subscriber for the proper usage
requirements.
TERM
Theterm of this agreement shall commence on July 1 ,2016, subject to the Parties'
receipt of their respective City Council's approval (to the extent necessary and
appropriate), and shall continue until June 30, 2019, unless sooner terminated in
writing, by either Party. Either Party, by notifying the other Party in writing, may,
upon sixty (60) calendar days' notice, terminate any portion or all of the services
agreed to be performed under this Agreement with or without cause.
FEES
First Year: During the first year of this Agreement, the Subscriber agrees to pay
to the Member the sum of Seventeen Dollars ($17.00) per month for each radio of
Subscriber that has access to the agreed-upon "talkgroups" (as defined below)
(the "Fee").
2.0
3.0
3.1
3.2 Subsequent Yearc: On or before July 1,2017, and on or before each July 1
thereafter during the term of this Agreement, the Project Managers of the
respective Parties shall meet and confer in good faith to renegotiate the Fee that
will be applicable during the ensuing year. lf, for any reason whatsoever, the
Parties cannot reach an agreement as to the renegotiated Fee, the Fee set forth
in Section 3.1 shall govern.
Payment of Fees: Subscriber shall pay the Fee to Member on or before July 1
of each year during the term of this Agreement for the right to access the agreed-
upon talkgroups for the ensuing year. Subscriber shall remit payment of the Fee
as directed by Member.
DESCR!PTION OF SERVICES
Description of "Talkgroup": A talkgroup is an assigned group on a trunked radio
system. Unlike a conventional radio which assigns users a certain frequency, a
trunk system takes a number of frequencies allocated to the system. Then the
control channel coordinates the system so talkgroups can share these frequencies
seamlessly. The purpose is to dramatically increase bandwidth. Many radios today
keat talk-groups as if they were frequencies, since they behave like such.
Use of Talkgroups: Member shall provide Subscriber use of talkgroups on the
Member-trunked communications system as referenced in Attachment A.
Addition of Talkgroups: Member shall meet and confer with Subscriber on an
annual basis during the meeting outlined in Section 5.0 for additional talkgroup
assignments that may be required by the Subscriber.
Restrictions on Use of Talkgroups: Subscriber shall use only those talkgroups
assigned to Subscriber as agreed to in advance. Any use of talkgroups by
Subscriber shall be in accordance with the rules and regulations of the Federal
Communications Commission and state and federal law.
PROJECT MANAGEMENT.
Member's Wireless Communications Administrator or his or her designee shall
serve as Member's project manager. Subscriber's Radio Communications
Manager or his or her designee shall serve as Subscriber's project manager. The
project managers shall be available to meet on an annual basis at a mutually
agreed upon time and place to coordinate and review the use of the talkgroups.
LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, in no event will Member, lClS,
or its affiliates, be liable for indirect, incidental, special, exemplary, or
consequential damages whatsoever (including without limitation, damage for loss
3.3
4.0
4.1
4.2
4.3
5.0
6.0
2
7.0
of profits, business interruption, loss of business information, or any other loss)
arising out of, or resulting from the services whether arising in tort (including
negligence), contract or any other legal theory, even if Member has been advised
of the possibility of such damages.
DISCLAIMER.
The services provided pursuant to this Agreement are offered with no warranty.
Use of the products or services provided pursuant to this Agreement are at the
Subscriber's sole risk. MEMBER DOES NOT REPRESENT OR WARRANT THAT
THE SERVICES WILL MEET SUBSCRIBER'S REQUIREMENTS OR WILL BE
UNINTERRUPTED, SECURE OR ERROR-FREE.
GENERAL PROVISIONS.
Successors: Each and every one of the terms, covenants, and conditions of this
Agreement shall inure to the benefit of and shall bind, as the case may be, not only
the Parties hereto but each and every one of the heirs, executors, administrators,
successors, assigns, and legal representatives of the Parties hereto.
Assignment: Neither Party shall assign, transfer or sell any of its rights or
responsibilities under this Agreement in any other capacity, without the express
written consent of the other Party, which consent shall not be unreasonably
withheld. Any assignment without such consent shall be void.
Compliance with Laws: Each Party agrees to comply with all existing and future
ordinances, rules, laws and regulations of any governmental agency that are
applicable.
Force Majeure: lf performance by either Party is prevented because of the
occurrence of force majeure, act of God, epidemic, fire, casualty, lockout, labor
condition, riot, war, blackout, air raid, air raid alarm, act of public enemy, order or
decree of any governmental agency or tribunal, extraordinary delays, or other
causes of similar nature, such occurrences shall be considered a valid excuse of
nonperformance or delay in the performance by such Party hereunder, and in the
event of such occurrence, such suspension continuing until said event or
occurrence terminates and the Agreement shall be extended for a period equal to
the duration of the suspension. lf such suspension continues for a period of one
(1) year, this Agreement shall terminate.
Waiver; Remedies Cumulative: By entering this Agreement, neither Party
waives any of the immunities provided by the Government Code or other
applicable provisions of law. This Agreement is not intended to confer any legal
rights or benefits on any person or entity other than the Parties to this Agreement.
8.0
8.1
8.2
8.3
8.4
8.5
3
8.6 Mitigation of Damages: ln all situations arising out of this Agreement, the Parties
shall attempt to avoid and minimize damages resulting from the conduct of the
other Party.
8.7 No Waiver: A waiver by either Party of any breach of any term, covenant, or
condition contained in this Agreement shall not be deemed to be a waiver of any
subsequent breach of the same or any other term, covenant, or condition
contained in this Agreement whether of the same or different character.
8.8 Attorney Fees: lf any action at law or in equity is brought to enforce or interpret
the terms of this Agreement, the prevailing Party shall be entitled to reasonable
attorney's fees, costs, and necessary disbursements in addition to any other relief
to which such Party may be entitled.
8.9 Captions: The captions or headings in this Agreement are for convenience only
and in no other way define, limit or describe the scope or intent of any provision or
section of the Agreement.
8.10 Authorization: Each Party has expressly authorized the execution of this
Agreement on its behalf and bind said Party and its respective elected and
appointed officials, administrators, officers, directors, divisions, subsidiaries,
agents, employees, insurance carriers and any others who may claim through it to
this Agreement.
8.11 Entire Agreement Between Parties: This Agreement supersedes any other
agreements, either oral or in writing, between the Parties hereto with respect to the
rendering of services, and contains all of the covenants and agreements between
the Parties with respect to said services. Modifications to the terms, scope of work
and additions or deletions to this Agreement will be effective only upon written
approval signed by authorized representatives of both Parties.
8.12 Partial lnvalidity and Choice of Law: lf any provision in this Agreement is held
by a court of competent jurisdiction to be invalid, void or unenforceable, the
remaining provisions will nevertheless continue in full force without being impaired
or invalidated in any way. This Agreement shall be governed by the laws of the
State of California, without regard to its conflict of laws principles.
8.13 Notices: For the purpose of notifying or contacting the other Party relative to any
matter concerning this Agreement, a Party shall mail such notice to the Party to be
notified, addressed as follows:
Member
Address
Tel
Fax
Email
4
ATTN
Subscriber
Address
Tel
Fax
Email
ATTN
Any notice so delivered shall be effective upon the date of personal delivery or, in
the case of mailing, on the date of mailing. Either Party may change the specified
person or address at which it is to receive notices by giving ten (10) days' notice
of such change to the other Party in writing.
ln recognition of the obligations stated in this Agreement, the Parties have
executed this Agreement on the date indicated above.
MEMBER:AFFILIATE
Name:
Title:
ByBy
By:By
Title:
Name:
Title:
Approved as to Form:Approved as to Form:
Name:
Title:
Name:
5
ATTACHMENT A
WIRELESS COMMUNICATIONS USE AGREEMENT BETWEEN THE CIry OF
MONTEBELLO AND THE CITY OF VERNON
Talkgroups authorized to be programmed into radios in use by VERNON FIRE:
. Verdugo Fire Red-1. Verdugo Fire Red-2o Verdugo Fire Red-3. Verdugo Fire Red-4o Verdugo Fire Red-So Verdugo Fire Red-6o Verdugo Fire Red-7o Verdugo Fire Red-8o Verdugo Fire Emergency
. lClS Mutual Aid 1o lClS Mutual Aid 2o lClS Mutual Aid 3. lClS Mutual Aid 4. lClS Mutual Aid 5o lClS Mutual Aid 6. lClS Mutual Aid 7. lClS Mutual Aid 8o lClS Mutual Aid 9o lClS Mutual Aid 10
a
a
a
a
o
Vernon FD Admin
Vernon FD Training
Vernon PD Dispatch
Vernon PD Tac-1
Vernon PD Tac-2
All talkgroups required to be programmed according to the Tactical
lnteroperability Communications Plan (TICP)
4831-5190-4813, v 1
b
RECEIVED
JAN 2 8 2016
CITY CLERK'S OFIICE
R.ECEIVED
JAN 2I 2016
CITY ADMINIS
STAFF REPORT
FIRE DEPARTMENT
DATE:
TO:
FROM:
RE:
February 2,2016
Honorable Mayor and City Council
Michael A. Wilson, Fire Chief /\fi.t
Originator: Adriana Ramos,,a(llministrative Secretary
A Resolution ofthe City Council ofthe City ofVernon approving ofa Fire
Communications Dispatch Service Agreement between the City of Vernon
and the City of Burbank, the City of Glendale and the City of Pasadena
Recommendation
A. Find that approval of the resolution proposed in this staff report is exempt under the
califomia Environmental Quality Act c'cEQA') in accordance with section 15061(bx3),
the general rule that cEQA only applies to projects that may have an effect on the
environment; and
B. Approve and authorize the execution ofa three-year Fire Communications Dispatch Service
agreement with the City of Burbank, the city of Glendale and the city of Pasadena
(hereinafter referred to collectively as the "Verdugo Cities"), in substantially the same form
as submitted herewith, to provide dispatching services of emergency fire and medical
response. The proposed contract would take effect July 1,2016 and includes the purchase and
installation of all equipment and infrastructure required to be compatible with Verdugo
Communications system in the amount of $192,649, in addition, the City of Vemon Fire
Departrnent will pay $66.59 for each dispatched incident in the City and for certain mutual
aid incidents outside the Verdugo dispatch system for Fiscal Year 2016-17; and
C. Approve and authorize the execution of a Promissory Note with the City of Glendale, in
substantially the same form as submitted herewith, which contemplates an advance of funds,
in the amount of $192,649, for the purchase of equipment and services required to be
compatible with Verdugo Communications system, in the form of payment to third parties for
such purchase, which the City of Vemon will repay to the City of Glendale; and
D. Authorize for the termination of the current dispatch service agreement with the Regional
Joint Powers Communication Center effective June 30, 2015 '
Page 1 of3
Backsround
On February l, 201 1 the City Councit ofthe City ofVernon authorized the participation ofa dispatch
service agreement with the Regional Joint Powers Communication Center ("JPCC") located at the
City of bowney via Resolution No. 20ll-15. After an extensive amount of research and
examination, it was determined by the Vernon Fire Department that it would be to the best interest of
the City and the department to terminate the current agreement with JPCC and enter into conffact
with Verdugo Cities.
The Verdugo Fire Communications Center was established August 1, 1979 and currently dispatches
for thirteen(I3) fire agencies. It serves as Area Coordinator ("Area "c") within Region I for state of
California Mutual-Aid purposes. As Area "C" expands its boarders, it enables better coordination and
response to large emergencies involving mutual aid for Area "C" agencies. The center serves a
combined population of over 837,000 residents, covering a geographic area ofjust over 134 square
miles.
Verdugo Fire Communicalions Center Benelits:
. Improved fire protection for each community by utilizing border drops: closest resources via
automatic vehicle locators (AVL)
. Automatic station coverage oftwo key fire stations. State-of-the-art radio, telephone, and computer-aided dispatch systems to meet critical
mission needs. Dispatchers who specialize in fire/rescue and are able to provide Emergency Medical
Dispatch (EMD) instructions to callers prior to the arrival of paramedics
. Monthly Task Force meetings are held where Chief Officers share in the decision making
processes. Automatic notification to essential staffof critical incidents (including Council Members via
text if requested). Dispatch cost is shared between thirteen (13) agencies. Verdugo Dispatch depth of resources and personnel are substantially larger and more readily
available without delay
Currently, the Fire Department has access to twelve (12) Engines, three (3) Trucks, two (2) US&R
units, one (1) Haz-Mat unit, and three (3) Battalion Chiefs under JPCC Dispatch. Moving with
Verdugo Cities, the department would have access to forty-six (46) Engines, thirteen (13) Trucks,
five (5) Water Tenders, six (6) US&R units, two (2) Haz-Mat units and ten (10) Battalion chiefs.
The Department would also have access to Area "C" Arson Team' Furthermore, Verdugo Cities can
manage up to a fifth alarm structure fire while stilt maintaining coverage throughout the region.
During Fiscal Year 201312014 Vemon units responded to one-hundred-ten (110) incidents within
Area "E' and during Fiscal Year 2014/2015 Vernon units responded to eighty-four (8a). It is
estimated that Vernon units will respond to roughly the same number of mutual aid incidents within
Area "C". Geographically, Area "C" agencies are closer to the City of Vernon than Area "E"
Agencies.
The proposed Fire Communications Dispatch Service agreement has been reviewed and approved as
to form by the City Attomey's Department and would be effective from July 1, 2016 through June
30,2019. Pursuant to the Vemon Municipal Code, Section 2.17.12(A)(5), the agreement requested
herein is exempt from competitive bidding requirements because it is a contract with other
Page 2 of 3
govemmental entities. The proposed Promissory Note agreement has been reviewed and approved as
to form by the City Attorney's Department.
Fiscal Imoact
The Verdugo Communications Center personnel has worked meticulously with Vemon Fire
personnel to identif,, the infrastructure and equipment that would either need to be purchased or
updated to be compatible with the Verdugo system dispatch center. The areas reviewed included the
fire station alerting system, mobile data computers, telephones, GIS/Geo-File conversion, ICIS
connectivity and host subscriber fees. After a thorough review of the Vemon Fire Department's
system, the- projected total cost of the three-year service contract is $192,649, which would be billed
in four (4) equal payments over the first two (2) years upon implementation of the Dispatch
Agreement. edditionally, based upon the formula within the dispatch service agreement, the City of
Vimon Fire Department would pay $66.59 for each dispatched incident in the City and for certain
mutual aid incidents outside the Verdugo dispatch system for Fiscal Year 2016-17. Thereafter, the
per-incident charge may be increased each fiscal year by an amount not to exceed 5o/o, rounded to the
nearest dollar, based on anticipated increases in Verdugo's operating costs.
Attachment(s)
I . Verdugo Fire Communications Promissory Note between the City of Glendale and the City
ofVemon.
Page 3 of 3
VERDUGO FIRE COMMT]NICATIONS PROMISSORY NOTE
BETWEEN THE CITIES OF GLENDALE AND VERNON
This Promissory Note (hereinafter "Note" or "Agreement") is executed on 2016,
between the CITY OF GLENDALE C'GLENDALE") a municipal corporation and the CITY OF
VERNON C'VERNON) a municipal corporation, duly organized and existing under the
constitution and the laws of the State of Califomia, (collectively, the "Parties").
RECITALS
Whereas GLENDALE along with the Cities of Burbank and Pasaden4 (collectively VERDUGO
CITIES) to minimize the effect of fire and disaster and to provide the basis for effective
mobilization and dispatch of all available firefighting and emergency medical resources, have
agreed to operate a joint fire communications system ('VERDUGO SYSTEM");
Whereas VERNON is cunently part of a dispatch system with the City of Downey and desires to
contract with VERDUGO CITIES for dispatching of emergency fire and medical response starting
on July 1,2016;
Whereas VERNON is currently part of Fire Mutual Aid Area E, and is desirous of becoming part
of Area C instead;
Whereas the Parties have determined that a timely transition to the VERDUGO SYSTEM is in the
best interest of the Parties;
Whereas GLENDALE and VERNON desire to enter into this Agreement, which contemplates an
advance of funds for the purchase of certain equipment ald services, in the form of payment to
third parties for such purchase, which VERNON will repay to GLENDALE;
Whereas the Parties acknowledge that this Agreement is not a joint powers agreement subject to
the provisions of Califomia Govemment Code Sections 6500 et. seq. and the Parties intend that
nothing in this Agreement shall be so construed. The Parties have no intent to create hereby a
separate legal entity or public agency and no such entity is hereby created.
NOW THEREFORE, for and in consideration of the mutual promises, covenants aad conditions
herein contained, the Parties agree as follows:
I. VERNON's Promise to Pay. VERNON agrees that the equipment and services described
in Attachment A, attached hereto and incorporated herein by this reference are necessary
for VERNON to transition its dispatch services to the VERDUGO SYSTEM. VERNON
firrther agrees that, at this time, it has not allocated the necessary funds to secure the
equipment and services and therefore has agreed that GLENDALE may contract with third
parties for purposes of securing such services for VERNON, and in retum VERNON
promises to pay all amounts advanced by GLENDALE on behalf of VERNON. VERNON
further acknowledges and agrees that the equipment aad services described in Attachment
A are a quote and the actual value and cost to GLENDALE may be higher than described
Page I of7
\€RDllCO ed \TERNO\ AGREEMEVI
II.
ilL
in Attachment A. VERNON agrees that it will repay GLENDALE all amounts expended
by GLENDALE for purposes of VERNON's connectivity to the VERDUGO SYSTEM,
which amounts shall include, but are not limited to the purchase price of equipment and
services, taxes, late fees, penalties and interest. VERNON understands that GLENDALE
may transfer this Agreement, under the same terms agreed to herein.
Loan Fee and Interest. The Parties agree that there is no loan fee or interest in connection
with this Loan.
Payment.
A. Time and Place of Payments. VERNON will pay three payments of $50,000 and
one final payment of any and all outstanding amounts to be calculated after all
payments have been made by Glendale to the third party vendors providing the
services described in Attachment A. GLENDALE will submit an invoice in or
about July and January beginning July 2016. All payments are due within 30 days
of receipt of the invoice from GLENDALE. Payments will be made to:
Payment Address:
City of Glendale, Finance Department
141 N. Glendale, Ave., Room 346
Glendale. CA 91206
ATTN: Armen Harkalyan, Revenue Manager
B. \TERNON's Right to Prepay. VERNON reserves the right to prepay this Note in
whole or in part, prior to maturity, without penalty.
YERNON's Failure to Pay as Required.
A. Default. If VERNON does not pay the full amount of each semi-annual payment
on the date it is due, VERNON will be in default.
B. Event of Default. VERNON shall be in default hereunder if it: (1) is in default in
the payment of any monies due hereunder; or (2) terminates the provision of fire
services or contacts for such services with another agency.C. Notice of Default. If VERNON is in defauit, GLENDALE may send VERNON a
written notice advising VERNON that if payment is not received by a certain date,
GLENDALE may require VERNON to pay immediately the full amount of the loan
which has not been paid. That date must be at least 30 days after the day on which
the notice is mailed to VERNON or delivered by other means.D. Payment of GLENDALE's Costs and Expenses. If GLENDALE has required
VERNON to pay immediately in full as described above, then GLENDALE will
have the right to be paid back by VERNON for all of its costs and expenses in
enforcing this Note to the extent not prohibited by applicable law. Those expenses
include, for example, reasonable attomeys' fees.
Giving of Notices. Notices hereunder must be in writing and, unless otherwise provided
herein, shall be deemed validly given on the date either personally delivered to the address
indicated below; or on the third (3rd) business day following deposit, postage prepaid,
using certified mail, retum receip requested, in any U.S. Postal mailbox or at any U.S. Post
Office; or when sent via facsimile to a party at the facsimile number set forth below or to
such other or frrther facsimile number provided in a notice sent under the terms of this
IV.
v.
Pase 2 of 7
IERDU@ Md lER\ioN AGREEMEM
para$aph, on the date of transmission of that facsimile. Should any of the Parties have a
change ofaddress, they shall immediately notifu the other Parties in writing ofsuch change,
provided, however, that each address for notice must include a street address and not
merely a post office box. All notices, demands or requests shall be given to following
addresses:
City of Vernon:
Fire Chief
Vemon Fire Department
4305 Santa Fe Avenue
Vemon, CA 90058
Tel. No. 323-583-8811
Fax. No. 323-826-1407
City of Glendale:
Fire Chief
Glendale Fire Department
421 Oak Street
Glendale, CA 91204-1298
Tel. No. 818-548-4814
Far. No.818-547-1031
vI.GENERAL PROVISIONS
A. Entire Agreement. This Agreement supersedes any and all other Agreements,
either oral or in writing, between the parties hereto with respect to the subject matter
hereof, and no other Agreement, statement, or promise relating to the subject matter
of this Agreement which is not contained herein shall be valid or binding. In
interpreting this Agreement and resolving any ambiguities, this Agreement will
take precedence over any cover page or attachments.
B. Interoretation. This Agreement is the product ofnegotiation and compromise on
the Parties' part. Every provision in this Agreement shall be interpreted as though
the Parties equally participated in its drafthg. Therefore, notwithstanding the
provisions in Califomia Civil Code Section 1654 to the contrary, if this
Agreement's language is uncertain, the Agreement shall not be construed against
the Party causing the uncenainty to exist.
C. Governins Law. The validity of this Agreement and of any of its terms or
provisions, as well as the rights and duties of the parties hereunder, shall be
govemed by the laws of the State of Califomia.
D. Severabilitv, Should any part, term or provision of this Agreement or any
document required herein to be executed be declared invalid, void or unenforceable,
all remaining parts, terms and provisions hereof shall remain in full force and effect
and shall in no way be invalidated, impaired or affected thereby.
E. Attornevs' Fees. If any action at law or in equity is brought to enforce or interpret
the provisions ofthis Agreement, the prevailing party shall be entitled to reasonable
attomey's fees in addition to any other relief to which he, she or it may be entitled.
"Prevailing party" means a party who dismisses the action or proceeding in
exchange for payment of the sum(s) allegedly due; perlormance ofthe term(s) or
covenant(s) allegedly breached or violated; or consideration substantially equal to
the relief sought in the action. "Reasonable attomeys' fees" of the City Attomey's
Page 3 of7
\ERDLCO and \ER\Or_ AGREEVE\T
office means the fees regularly charged by private attomeys who: (a) practice in a
law firm located in Los Angeles County; and (b) have an equivalent number of
years ofprofessional experience in the subject matter area of the law for which the
City Attomey's services were rendered.
F. Waiver of Breach. The waiver of either party of any breach of any provision of
this Agreement shall not operate or be construed as a waiver of any subsequent
breach of that same or any other provision.
G. Successors and Assisns. Subject to the provision regarding assignment, this
Agreement shall be binding on the heirs, executors, administrators, successors, and
assigns of the respective parties.
H. Force Maieure. None of the Parties shall be considered in default in the
performance oftheir obligations hereunder or any ofthem, ifsuch obligations were
prevented or delayed by any cause, existing or future, beyond the reasonable control
of such party which include but are not limited to acts of God or civil unrest. Any
delays beyond the control of the Parties shall automatically extend the time
schedule as set forth in this Agreement by the period ofany such delay.
I. Counteroarts. This Agreement may be executed in counterparts, each of which
shall be an original, but all of which shall constitute one and the same document.
Each ofthe Parties shall sign a sufficient number of counterparts, so that each Party
will receive a fully executed original of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested to by the proper offrcers hereunder duly authorized, their official seals to be heretofore
affrxed.
Page 4 of 7
\ ERDLOO and \ERNOf," AGREEME){I
CITY OF VERNON
Date:By:
City Administrator
(SEAL)
ATTEST:
Maria E. Ayal4 City Clerk
APPROVED AS TO FORM THIS
-
day of 201-.
Hema Patel, City Attomey
CITY OF GLENDALE
Date:Rv:
City Manager
(SEAL)
ATTEST:
City Clerk
APPROVED AS TO FORM THIS _ day of 201-.
City Attomey
Page 5 of7
\ERDL@ Md VERI\ON ACREEMENT
ATTACHMENT LIST
"Attachment A": Initial lnfrastructure Costs
( I page)
Page 6 of 7
\ ERDL @ md YERNO\ AGREEVENI
Attachment A
Initial Infrastructure Costs
FiteStotion Amount
Station Alerting MCU (Westnet): S 759,174.y1
Motorola Flash Trunking 9600 Baud S 1m.m
Antenna - 8mMHz Omni: S 1m.00
Antenna Cable lnstallations S 2,0@.m
1 s 1s9,175 $
10 s 1,0m s4s 4m s4s 8,0m s
75B,775
1,0q)
M
&0@
t,1fiAntenna - 46(1490 MHz Omni: S 150.00 8S 1,2m s
Subtotol:
Mobile Doto Est. Cost Extension
PCMSS Client License: S 3m.m
Mobile Mapping & AVL Software License: S sm.m 13 S 6,5m S
13 S 4e4o S 4p4
6sm
subtotol:
Est.
7-Digit Emergency Lines (RCF/CNF)xl lines: S 140.00
PD Ring-Down (Direct-Connects)Lines: 5 154.m
Otherthan 9-1-l lnstallation/Labor: S 1,0m.00 1S
2s
15
2W
7v
1,m
280 s
1s4 5
1,00 s
Subtotal: S 1,434
I Other Est. Costs quantity Extension Agency R€sponsibility
Glswork/GeoFi e Conversion: 5 10,000.00 15 10,000 5 10,000
Subtotal:10,0m
Agency Responsibility
tnfusuuctu,e lotols: S 792,549
Grund lotols: S 192,U9
Page 7 of 7
IERDL@ Md \rER-\iols aGREEMEN-I
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTTON OF A
VERDUGO FIRE COMMUNICATIONS DISPATCH SERVICE
AGREEMEI{T BY AND BETWEEN THE CITIES OF BURBANK,
GLENDAIE, PASADENA AND THE CITY OF VERNON
WHEREAS, the CiEy of Vernon ("Citr") is a municipal
corporation and a chart.ered city of the State of California organized
and existing under its Chart.er and the Const.itution of the Stat.e of
California; and
WHEREAS, pursuant to California Government Code Section G500
et. seq., the City is authorized to enter into an agreement with one or
more other public agencies to joinEly exercise any power common Eo the
contract.ing parties; and
WHEREAS, the Verdugo Fire Communications Center (.'Verdugo
Center" ) located in the City of clendafe has provided emergency fire
equipment dispatsch services t.o various cities,. and
WHEREAS, the ciEies of Burbank, Glendal-e, pasadena and
Vernon (collectively, the "Verdugo Cit.ies,,) desire Eo enter into a
Verdugo Fire Communications Dispatch Service Agreement. (the
"Agreement" ) to provide dispatching services of emergency fire and
medical response,. and
WHEREAS, the City Council of the Cit.y of Vernon desires t.o
approve the Agreement between the Verdugo Cities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the Citsy of Vernon hereby
finds and det.ermines that the above recitals are true and. correct..
SECTION 2: The City Council- of t.he Cit.y of Vernon hereby
finds and decl-ares that the actions authorized hereby constitute a
valid exercise of the powers of the City under Che laws of t.he State
of California and under the Charter of the City of Vernon.
SECTION 3:The City Council of the City of Vernon hereby
approves the Verdugo Fire Communications Dispatch Service Agreement
(the "Agreement" ) by and between the Cities of Burbank, G1endale,
Pasadena and the Cltsy of Vernon, in su-bstantially the same form as Ehe
copy which is at.tached heretso as Exhibit A.
SECTION 4:The City Council of the City of Vernon hereby
aut.horizes tshe Mayor or Mayor Pro-Tem to execut.e said Agreement for.
and on behalf of, the City of Vernon and the City Clerk, or Deputy
City C1erk, is hereby authorized to attest thereto.
SECTION 5: The Cit.y Council of t.he City of Vernon hereby
instructs the City Administ.rator, or his designee, to take whaEever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolut.ion and the
t.ransactions herein approved or authorized, including but not limited
to, any non- subst.antive changes to Lhe Agreement attached herein.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the Deputy City Clerk, to send one executed
Agreement to the City of GlendaLe.
2
SECTION 7: The City Clerk, or Deputy City Clerk, of the
City of Vernon shall cert.ify to Ehe passage, approval and adoption of
this resolution, and t.he City C1erk, or Deputy City C1erk, of the City
of Vernon shall cause this resolution and Lhe City C1erk, s, or Deput.y
City Clerk's, cert.ification to be entered in the Fife of Resofutions
of Che Council of this Cit.y.
APPROVED AND ADOPTED this 2Dd day of February, 2016.
Name:
Titfe: Ylayor / Mayor Pro-Tem
ATTEST:
City Clerk / Oeputy City Cl-erk
APPROVED AS TO FORM:
Deput.y Cj-ty Attorney
3
STATE OF CA],IFORNIA )
) ss
COUNTY OF LOS ANGELES )
I,, City Clerk / Deputy City Clerk of the city
of vernon, do hereby certify that the foregoing Resolution, being
Resol-ution No. , was duLy passed, approved and adopt.ed by the
City Council of the Citsy of Vernon at a regular meeting of the City
Council- duly held on Tuesday. February 2, 2016, and tshereafter was du]y
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of , 2016, ats Vernon, Cal-ifornia.
City Clerk / DepuEy City Clerk
( SEAI )
4
EXHIBIT A
VERDUGO FIRE COMMUNICATIONS DISPATCH SERVICE AGR-EEMENT
BETWEEN TTIE CITIES OF BURBAI\K, GLENDALE, AND PASADENA
AND THE CITY OF VERNON
This Agreement is made by and between the CITY OF BURBANK, the CITY OF GLENDALE,
and the CITY OF PASADENA (hereinafter referred to collectively as the "VERDUGO CITIES)
and the CITY OF VERNON (hereinafter referred to as the "CONTRACTING CITY).
RECITALS
Whereas the VERDUGO CITIES, to minimize the effect of fire and disaster and to provide the
basis for effective mobilization and dispatch of all available firefighting and emergency medical
resources, have agreed to operate a joint fire communications system C'VERDUGO SYSTEM");
Whereas the CONTRACTING CITY is currently part of a dispatch system with the City of
Downey and desires to contract with VERDUGO CITIES for dispatching of emergency hre and
medical response starting in July 2016;
Wlereas the CONTRACTING CITY is currently part of Fire Mutual Aid Area E, and is desirous
of becoming part of Area C instead, and by entering into this Agreement is aware that it may be
called upon to provide mutual aid services or automatic aid services to cities in the Verdugo System
and other jurisdictions as desigrrated by the State;
Whereas the Parties acknowledge that the VERDUGO CITIES, and specifically, the City of
Glendale, have substantial operational experience in providing these types of specified services.
Whereas the Parties acknowledge that this Agreement is not a joint powers agreement subject to
the provisions of Califomia Govemment Code Sections 6500 et. seq. and the Parties intend that
nothing in this Agreement shall be so construed. The Parties have no intent to create hereby a
separate legal entity or public agency and no such entity is hereby created.
NOW THEREFORE, the Parties agrce as follows:
I. RESPONSIBILITIES
A. Responsibilities of the Verdugo Cities. It shall be the responsibility of the
VERDUGO CITIES to operate the VERDUGO SYSTEM and to do all of the
following:
Receive 91 1 and wireless emergency calls;
Transfer 911 and wireless calls to other agencies as appropriate;
Receive l0-digit emergency and direct connect (formerly called ring-down, or "P"
line) calls on numbers/circuits provided and funded by CONTRACTING CITY;
Provide TDD and foreign language translation;
Provide Emergency Medical Dispatch pre-arrival and life-saving protocols as
established by Los Angeles County Fire and approved by Los Angeles County
Departrnent of Health Services, and Verdugo's Medical Director.;
l.
2.
3.
4.
5.
Page I of 13
VERDU@ &d \GRl,rON AGREEMENT
6.
7.
Enter incident information into the computer aided dispatch system (CAD),
including verified incident address/location, specific location information,
hformant's location, informant's telephone number, source code for call, basic
EMD information, appropriate text and type codes;
Time stamp receipt of 911 calls, entry into CAD, dispatch, and all status changes
ftom mobile units initiated on mobile computer terminals (MCT);
Electronically document incident and pertinent non-incident information;
Review CAD recommended quantity and type of equipment, alert fire stations by
electronic transmission, data and hard copy printout over mobile data system,
transmitting tones over voice system, and broadcasting vocal dispatch on
designated fr equency(s);
10. Respond to routine and emergency voice communications.
11. Track and record equipment status, location and availability;
12. Coordinate Are4 Regional and specific agency Mutual Aid, Initial Action and
Automatic Aid agreements for dispatch purposes only;
13. Formulate, dispatch and track Strike Team responses,
14. Maintain CAD databases;
I 5. Maintain ROSS/CICCS databases;
16. Provide CAD and MIS records management, storage and standard reports;
17. Provide access to CAD information;
18. Provide access to unit histories, unit status, rosters and information;
19. Handle and coordinate FIRST team responses;
20. Request and coordinate mass casualty resources;
21. Provide staffnotification by alarm level and/or incident type via wireless device;
22. Notifr and coordhate with other city departments and outside agencies as required;
23. Provide recording and retention of radio and telephone tralsmissions consistent
with Califomia law;
24. Provide an annual report of operations; and
25. Provide management and supervision to achieve desired results.
Responsibilities of Contracting City. It shall be the responsibility of the
CONTRACTING CITY to do all of the following:
1. Notwithstanding anl.thing herein to the contrary, the obligations of
CONTRACTING CITY to consummate the transactions described herein are
subject to the fulfillment, on or prior to July l, 2016, of the following conditions
precedent unless waived in writing by the VERDUGO CITIES:
(a) CONTRACTING CITY takes formal action through its City Council to
cease dispatch contracting services with the City ofDowney or any other agency;
O) CONTRACTING CITY notifies the City of Downey of its intention to
separate from Fire Mutual Aid area E;
(c) CONTRACTING CITY establishes a radio roaming service on the
Interagency Communications Interoperability System (ICI System).
(d) CONTRACTING CITY engages, facilitates and cooperates in the
installation of any and all necessary equipment, hardware and software which
interface with the VERDUGO SYSTEM.
8.
9.
Page 2 of l3
IARDUGO Ad \TERNON AGREEIGNT
II.
2. Provide equipment, hardware and software which interface with the VERDUGO
SYSTEM (unless otherwise agreed to by all Parties), which include but are not
limited to:
(a) Telephone and 911 hardware, software, upgrades, lines, instruments,
terminations, installation, monthly service or capability not already included or
provided, including routing coordination;
(b) Station alerting hardware in all fire stations which receive and transmit voice
and data signals with features consistent with the VERDUGO SYSTEM;
(c) Reliable voice mobile and portable radios and data radios and terminals for all
personnel and fire apparatus, with capabilities and features consistent with the
VERDUGO SYSTEM;
(d) Establish and maintain a system access/service a$eement with the Interagency
Communications Interoperability System (ICI System) and/or Host ICI System
Agency as appropriate/needed.
(e) Voice and/or alpha-numeric pagers or other wireless devices capable of
tunctioning with the VERDUGO SYSTEM;
(f) Computers capable of communication with VERDUGO SYSTEM;
(g) Geographic file information suitable for entry into VERDUGO SYSTEM CAD,
including sfeet location dat4 city maps and other landmark/common place
addresses, high value or brush areas, freeway information, and target hazards;
3. Provide listing of all apparatus, including radio designations, cross-staffed manned
units and special response vehicles;
4. Provide Fire Department personnel list including titles, radio call signs, offrce and
home phone numbers, pager and cellular telephone numbers;
5. Provide a list ofkey City personnel and telephone directory;
6. Provide a list of receiving hospitals and access method for paramedics;
7. Provide copies of mutual aid, automatic aid, initial action or other inter-agency
agreements;
8. Provide initial and ongoing VERDUGO SYSTEM training to all radio users;
9. Provide copies ofFCC licenses, ifapplicable;
10. Comply with VERDUGO SYSTEM policies and procedures;
11. Use VERDUGO SYSTEM incident type codes, priorities and categories;
12. Review and understand Emergency Medical Dispatcher Program currently in use;
and
13. Provide a chief officer or fire officer to ensure successful implementation and
representation on the Verdugo Task Force.
EQUIPMENT
1. Purchase of Equipment. CONTRACTING CITY shall purchase, install, test and
maintain equipment and hardware necessary to perform its responsibilities under Section
I.B. above. Unless otherwise provided herein, CONTRACTING CITY shall be responsible
for all costs relating to the purchase and installation of all such equipment. In addition to
the equipment, CONTRACTING CITY shall be solely responsible for the cost of any
additional or related equipment or hardware, software or labor needed to implement its
obligations under this Agreement, whether listed or not, including, but not limited to,
Page 3 of 13
IIL
installation, testing, light/audio relays, shipping, insurance, taxes, antennas and coax,
public address system, speakers, and power supplies.
2. Purchase of Fire Station Alerting Equipment and related Infrastructure. The
Parties agree that the VERDUGO CITIES will purchase and install the initial infrastructure
Equipment to establish connectivity to the VERDUGO SYSTEM as set forth in
Attachment A attached hereto and incorporated herein by reference. CONTRACTING
CITY agrees that the Equipment and Services described in Attachment A are a quote of
the anticipated equipment and services necessary to establish connectivity and the final
cost for both may be higher than what is set forth in Attachment A. CONTRACTING
cITY agrees to reimburse vERDUGO CITIES for all costs necessary for the establishment
of connectivity with the VERDUGO SYSTEM. The Parties further agree that the specific
terms of the reimbursement will be made pursuant to a promissory note sigred by the City
of Glendale and CONTRACTING CITY, and will be subsequently billed to the
CONTRACTING CITY pursuant to the tems of the note.
3. Purchase of Future Equipment. As new technology becomes available, the
VERDUGO CITIES may, from time to time, purchase new products to enhance the current
level of service. The VERDUGO CITIES will provide a minimum 90 day written notice
to CONTRACTNG CITY of any anticipated puchase, where the costs of purchase and/or
maintenance of equipment that is the responsibility of the CONTRACTING CITY under
section II.B. above are to be bome by the CONTRACTING CITY.
TERM
This Agreement shall become effective on FebruNy 1,2016, C'EFFECTM DATE) and
remain in effect until June 30, 2019, or until terminated in accordance with the termination
provisions herein, whichever occurs earlier. For consideration received, this Agreement
will renew automatically for two terms of three years each, unless 180 days prior to
termination of the term, one party provides written notice of intent not to renew to the other
party.
TERMINATION
The VERDUGO CITIES, acting by majority vote, or the CONTRACTING CITY may
terminate this Agreement by giving written notice of such intent to the other party(ies) at
least one (1) year prior to the effective date of such termination.
COSTS
A. Per Incident Cost. The annual cost shall be the appropriate charge per incident
dispatched multiplied by the number of calls dispatched. Number of calls
dispatched shall include incidents that occur within CONTRACTING CITY's
jurisdiction plus any additional responses to jurisdictions outside the Verdugo
System that arise from aid agreements
1. During the first year of the agreement, the charge per incident ($66.59) dispatched
will be multiplied by the annualized total incidents (the first six (6) month's
incidents multiplied by two (2)).
Iv.
v.
Page 4 of l3
VERDUCO a.d IERNON aGREEMENf
4.
(a) At the end ofthe fiscal year, a true-up will be conducted to identiry if the Per
Incident Cost billed is higher or lower than the actual cost. If the actual number
of incidents is found to be lower than the annualized incidents, the appropriate
credit will be applied in the following fiscal year. If the actual amount of
incidents is higher than the annualized amount previously billed, the next fiscal
year's bill will not be adjusted.
2. For Fiscal Year 2017-18, the annual cost shall be the appropriate charge per
incident dispatched multiplied by the actual number ofcalls dispatched during the
preceding fiscal year.
3. Beginning ldy l, 2017, and during any renewal period, the per incident
1.
charge may be increased each fiscal year by an amount up to, but not to exceed, 5%o
per incident.
Beginning July l, 2018, and during any renewal period, the annual cost shall be the
appropriate charge per incident dispatched multiplied by the actual number ofcalls
dispatched during the preceding calendar vear.
The cost per call for CONTRACTING CITY shall not exceed these amounts in any
single year, unless the overall cost for the VERDUGO SYSTEM is substantially
increased by unplanned events, including, but not limited to atypical increases in
personnel costs, catasrophic hardware system failures or natural disasters. In the
event of a substantial increase in the cost as described herein, CONTRACTNG
CITY's portion of the increase shall be determined by calculating the
CONTRACTING CITY's pro rata share of the overall number of dispatched calls
in the preceding calendar year. Prior to seeking the increased costs from the
CONTRACTING CITY, VERDUGO CITIES will endeavor to utilize all funds set
aside for the replacement ofthe equipment and funds recovered from any insurance
settlement, if applicable.
No Cost to YERDUGO CITIES. Nothfurg in this Agreement shall be construed
to require any of the VERDUGO CITIES to incur any non-reimbursable cost and/or
expense for the purpose of implementing this Agreement, or any of its provisions,
or to require the VERDUGO SYSTEM to modi!, alter, add to, remove or
transform any of its existing equipment, system or facilities to implement any of
the provisions of this Agreement. It is the intent of this Agreement, and the Parties
acknowledge and agree, that any such changes, modifications or alterations shall
be at the sole cost of the CONTRACTING CITY.
It was agreed upon by the VERDUGO CITIES and the CONTRACTING CITY
that the payment for such changes, modifications or alterations will be initially paid
for by the VERDGUO COMMUMCATIONS CENTER, and will be billed to the
CONTRACTING CITY in four (4) equal payments over the first two (2) years upon
implementation of this agreement.
B.
C.
Page 5 of 13
VERDUGO ud IERNON AGREEMENT
VL
D. Bitling. For services rendered, inclusive of items identified in section V.A-C, for
any full fiscal year, CONTRACTING CITY shall be billed by uritten invoice every
July and January of each fiscal year for the services provided in this Agreement on
a semiamual basis, in advance. All invoices shall be payable within thirty (30)
days after receipt.
RADIOROAMING SERVICES
A. Description of Services. CONTRACTING CITY shall be responsible for
establishing and maintaining an agreement with Interagency Communications
Interoperability System (ICIS) and/or the Host ICIS Agency for the use of the radio
system. CONTRACTING CITY shall arrange and pay for any and all
programming of radios.
Maintenance of Contracting City Radios. CONTRACTING CITY shall perform
all mahtenance service on its radios, and shall ensure all its radios are operating
within the manufacturer's specifications at all times. Should VERDUGO CITIES
inform CONTRACTING CITY of a technical problem with one or more of the
radios, CONTRACTING CITY shall immediately perform maintenance on such
radio as may be required by the ICI System to ensure reliability ofthe radio system.
Disclaimer. In the event an agreement with ICI System and/or the Host ICI System
Agency lapses and/or is terminated, VERDUGO CITIES cannot be held liable for
loss or reliability of the dispatch services provided herein.
Vil. INDEMNITY
A. Assumption of Risk Each Pany to this Agreement assumes full and sole
responsibility for all risks ofinjury and damages, including damage to all operating
equipment, arising from its own operation and use of, and its own repairs and
maintenalce performed on the equipment and each shall be solely responsible for
all claims, liability, loss, suits, damages, costs, and expenses (including aftomeys'
fees and costs of litigation) and personal injuries (including death at any time)
resulting directly or indirectly from, or arising out of, its own operation and use of,
and its own repairs and maintenance performed on the equipment and accessories.
Each Party shall bear the full legal and financial responsibility for its own conduct,
actions and omissions carried out in the performance ofthat Party's obligations and
responsibilities under this Agreement.
B. Workers' Compensation. Workers' Compensation claims shall be paid by the
employer of any injured worker, and subrogation rights agains all Parties are
expressly waived.
C, Liability for MutuaUAutomatic Aid. Notwithstanding any other provisions of
this Agreement, and with respect to Section I.A.12. above, the CONTRACTING
CITY shall indemnifu, defend and hold harmless the VERDUGO CITIES and any
other public service provider, from and against any claims or liability, including
death, injury or property damage, and including the costs of defense, arising out of
B.
C.
Page 6 of l3
VERDUCO ud !E|$^ON AGREEMENT
the making ofany calls, initiating any contact, or other actions or omissions relating
to Are4 Regional and/or specific agency mutual aid and/or automatic aid whenever
such aid is contacted or otherwise summoned to respond from outside of the
jurisdiction of the CONTRACTING CITY. The Parties acknowledge and agree
that whenever such mutual aid and/or automatic aid is contacted or otherwise
summoned by the VERDUGO CITIES, such contact is made as a courtesy in order
to facilitate the implementation of such mutual aid and/or automatic aid and is not
intended to create any liability on the part of the VERDUGO CITIES or any public
service provider which provides such mutual aid or automatic aid. All liability for
salaries, wages, and other compensation shall be that ofeach employing agency.
GENERAL PROVISIONS
A. Entire Asreement. This Agreement supersedes any and all other Agreements,
either oral or in writing, between the parties hereto with respect to the subj ect matter
hereof, and no other Agreement. statement. or promise relating to the subject matter
of this Agreement which is not contained herein shall be valid or binding. In
interpreting this Agreement and resolving any ambiguities, this Agreement will
take precedence over any cover page or attachments.
B. Interoretation. This Agreement is the product ofnegotiation and compromise on
the Parties' part. Every provision in this Agreement shall be interpreted as though
the Parties equally participated in its drafting. Therefore, notwithstanding the
provisions in California Civil Code Section 1654 to the contary, if this
Agreement's language is uncertain, the Agreement shall not be construed against
the Parly causing the uncertainty to exist.
C. Governins Law. The validity of this Agreement and of any of its terms or
provisions, as well as the rights and duties of the parties hereunder, shall be
govemed by the laws of the State of Califomia.
D. Severabilitv. Should any part, term or provision of this Agreement or any
document required herein to be executed be declared invalid, void or unenforceable,
all remaining parts, terms and provisions hereofshall remain in firll force and effect
and shall in no way be invalidated, impaired or affected thereby.
E. Attornevs' Fees. If any action at law or in equity is brought to enforce or interpret
the provisions ofthis Agteement, the prevailing party shall be entitled to reasonable
attomey's fees in addition to any other relief to which he, she or it may be entitled.
"Prevailing party" means a party who dismisses the action or proceeding in
exchange for payment ofthe sum(s) allegedly due; performance of the term(s) or
covenant(s) allegedly breached or violated; or consideration substantially equal to
the relief sought in the action. "Reasonable attomeys' fees" of the City Attomey's
office means the fees regularly charged by private attomeys who: (a) practice in a
law firm located in Los Angeles County; and (b) have an equivalent number of
years ofprofessional experience in the subject matter area ofthe law for which the
City Attomey's services were rendered.
Page 7 of 13
VERDUGO ud IERNON AGREEMENT
F.
G.
Waiver of Breach. The waiver of either party of any breach of any provision of
this Agreement shall not operate or be construed as a waiver of any subsequent
breach of that same or any other provision.
Assignment. Nothing under this Agreement shall be construed to give any rights
or benefits to any party other than VERDUGO CITIES and CONTRACTING
CITY. All duties and responsibilities under this Agreement shall be for the sole
and exclusive benefit of VERDUGO CITIES and CONTRACTNG CITY, and not
for the benefit of any other party. CONTRACTING CITY shall not assign any
right or interest in this Agreement, and shall not delegate any duty owed, without
VERDUGO CITIES' prior written consent. Any attempted assignment or
delegation shall be void and totally ineffective for all purposes, and shall constitute
a material breach upon which VERDUGO CITIES may immediately terminate or
suspend this Agreement. In the event the VERDUGO CITIES consent to an
assignment or delegation, the assigrree, delegatee, or its legal representative shall
agree in writing to personally assume, perform, and be bound by this Agreement's
covenants, conditions, obligations and provisions.
Successors and Assims. Subject to the provision regarding assignment, this
Agreement shall be binding on the heirs, executors, administrators, successors, and
assigns of the respective parties.
Time is of the Essence. Whenever a task is to be performed by VERDUGO
CITIES or CONTRACTING CITY herein, same shall be performed consistent with
aay time constraints set forth hereunder including exhibits, time being considered
ofthe essence of this Agreement. Unless otherwise specified in this Agreement, all
references to "days" refer to calendar days.
Force Maieure. None of the Parties shall be considered in default in the
performance oftheir obligations hereunder or any of them, if such obligations were
prevented or delayed by any cause, existing or future, beyond the reasonable control
of such party which include but are not limited to acts of God or civil unrest. Any
delays beyond the control of the Parties shall automatically extend the time
schedule as set forth in this Agreement by the period ofany such delay.
Notices. Notices hereunder must be in writing and, unless otherwise provided
herein, shall be deemed validly given on the date either personally delivered to the
address indicated below; or on the third (3rd) business day following deposit,
postage prepaid, using certified mail, retum receipt requested, in any U.S. Postal
mailbox or at any U.S. Post Office; or when sent via facsimile to a party at the
facsimile number set forth below or to such other or further facsimile number
provided in a notice sent under the terms of this paragraph, on the date of
transmission of that facsimile. Should any of the Parties have a change of address,
they shall immediately notifr the other Parties in writing of such change, provided,
however, that each address for notice must include a street address and not merely
a post ofFrce box. All notices, demands or requests shall be given to following
addresses:
Page 8 of l3
VERDUCO dd \TEf,\ON AGREEMENI
H.
L
J.
City of Burbank:
Fire Chief
Burbank Fire Department
311 E. Orange Grove
Burbank, CA91502
Tel. No. 818-238-3473
Fax. No. 818-238-3483
City of Vernon:
Fire Chief
Vemon Fire Department
4305 Santa Fe Avenue
Vemon, CA 90058
Tel. No. 323-583-8811
Fax. No. 323-826-1407
City of Glendale:
Fire Chief
Glendale Fire Department
421 Oak Street
Glendale, CA 91204-1298
Tel. No. 818-548-4814
Fax. No. 818-547-1031
City of Pasadena:
Fire Chief
Pasadena Fire Department
215 N. Marengo Avenue, # 195
Pasaden4 CA 91101
Tel. No. 626-744-4675
Fax. No. 818-585-9164
L. Counteroarts. This Agreement may be executed in counterparts, each of which
shall be an original, but all of which shall constitute one and the same document.
Each ofthe Parties shall sign a suffrcient number ofcounterparts, so that each Party
will receive a fully executed original of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested to by the proper offrcers hereunder duly authorized, their offrcial seals to be heretofore
affixed.
Page 9 of l3
IERDUGO and VERNON ACREEMEM
CITYOFVERNON
Date:By:
City Administrator
(SEAL)
ATTEST:
Maria E. Ayala" City Clerk
APPROVED AS TO FORM THIS
-
day of 201-.
Hema Patel, City Attomey
CITY OF BURBANK
Date:By:
City Manager
(SEAL)
ATTEST:
City Clerk
APPROVED AS TO FORM THIS
-
day of 201-.
City Attomey
Page l0 of 13
CITY OF GLENDALE
Date:By:
City Manager
(SEAL)
ATTEST:
City Clerk
APPROVED AS TO FORM THIS _day of 201-.
City Attomey
CITY OF PASADENA
Date:By:
City Manager
(SEAL)
ATTEST:
City Clerk
APPROVED AS TO FORM THIS
-
day of 201-.
City Attomey
Page I I of 13
\TERDI]@ d VERIoN AGREEMENI
ATTACHMENT LIST
"Attachment A": tnitial lnfrastructure Costs
(1 page)
Page 12 of 13
IERDUC,O a.d !'ERNON AGREEMENf
Attachment A
Initial Infrastructure Costs
FireStotion
Station Alerting MCU (Westnet): 5 759,774.94
MotorolaFlashTrunking96mBaud S 1m.m
Antenna - S00MHzOmni: S 1m.m
Antenna Cable lnstallations S 2,0m.m
1 s 1s9,17s s
10 s 1,0m s4s 400 54s 8,0m s
759,715
1,m)
,m0
&0m
Antenna - 4@490 NIHZ Omni: s 150.m 8 s 1,2m s 7,2@
Mobile Doto
PcMss client Ucense: S 3m.m 13 5 4940 S
Mobile MapDins & AVL Software Ljcense: S 5m.m 13 S 6,500 S
Subtotal: s 11'440
7-Digit Emergenc"y Unes (RCF/CNF) xl lines: S 140.00
PDRing-Down(Direct-ConnectslLines: S 154.00
4,94
6,500
2s 280 s 2N
1s 1s4 s 1s4
othe r than 91-1 lnstallation/tabor: s 1,0m.m 1 s 1,0m s 1,ffi)
Gls work / ceoFile conversion: S 10,0o.m 1 S 10,0m S
Subtotal: S 10,000
lofiostructurcTotdls: S
crundTotols: $1!r2,4)
Page l3 of 13
lERDUc,o d \€RNO^' {CREEMENI
REGEIVED
JAN 2 8 2016
CITY CLERKS OTRCE
RECEIVED
JAN 2 8 2016
CITY ADMINISSTAFF REPORT
VERNON GAS & ELECTRIC DEPARTMENT
DATE:
TO:
FROM:
RE:
February 2, 2016
llonorable Mayor and City Council
Carlos Fandino Jr., Director of Verno
Originator: Diana Figueroa, Adminis
Amendments to Power Purchase Tolling Agreement, Hoover Contract for
Differences, Interconnection Transmission Services Agreement; Limited
Waiver of Default; and Estoppel Certificate by and between the City of
Vernon and Bicent California
Recommendation
A. Find that (a) the amendments for agreements between the City of Vernon and Bicent
Califomia are not in reference to a "project" subject to the Califomia Environmental
Quality Act (CEQA) under Guidelines section 15378 because it involves the
administrative activity of purchasing power; and (b) even if this approval were a
"project" subject to CEQA, the approval requested is exempt in accordance with CEQA
Guidelines Section 15301(b), the general rule that CEQA only applies to projects that
may have an effect on the environment because purchasing power is purely a financial
transaction, and any construction that may occur by a private party in the future in
reliance on this approval would be subject to CEQA review by another govemmental
agency at that time when actual details of any physical proposal would be more than
speculative; and
B. Approve the following amendments between the City of Vernon (he *City) and Bicent
Califomia, in substantially the same form as attached herewith, for the purpose of
acknowledging a change in control at Bicent California, the owner of the Malburg
Generating Station (MGS) facility:
l. Third Amendment and Consent to Power Purchase Tolling Agreement ("PPTA")
2. First Amendment and Consent to Hoover Contract for Differences C'CFD)3. First Amendment and Consent to Interconnection Transmission Services ("ITS")
Agreement: and
Page 1 of3
D.
C.Authorize the Director of Vernon Gas & Electric ("VG&E") to execute all
aforementioned amendments between the City of Vernon and Bicent Califomia which
would provide City consent for the allowance of an owner change of MGS (the
"Facility"), the addition of a new equity partner. There is no fiscal impact as a
consequence ofthe implementation of the proposed amendments; and
Approve and authorize the Director of VG&E to execute the Limited Waiver of Control
Room Default under the Lease, in substantially the same form as attached herewith,
pursuant to which Bicent waives (i) the City's existing Control Room Default and (ii)
Bicent's Discharge Right limited exclusively to and arising out of such Control Room
Default. With this execution of this agreement, Bicent forever waives the City's existing
Control Room Default; and
E. Approve and authorize the Director of VG&E to execute the Estoppel Certificate, in
substantially the same form as attached herewith, which essentially summarizes the
details ofthe Bicent transaction, proposed amendments, and waiver.
Backqround
On April 10,2008, Bicent (Califomia) Malburg LLC acquired the City of Vemon's interest in
the combined cycle natural gas-fired generating facility known as the Malburg Generating
Station, located at2715 East 50th Street, Vemon, California, 90058 (the "Facility"), pursuant to
that certain Amended and Restated Purchase and Sale Agreement, dated as of December 13,
2007, by and between Bicent (California) Power LLC, a Delaware limited liability company, and
the City (as it has been or may be amended, the "PSA").
Concurrently, the parties entered into three agreements:
o PPTA, pursuant to which Bicent agreed to sell and deliver exclusively to the City of
Vemon, and the City agreed to purchase and receive, on a tolling basis, Contract
Capacity, Contract Energy, Ancillary Services, and Resource Adequacy Benefits from
the Facility under the terms and conditions set forth in the PPTA
o Hoover Contract for Differences (the "Hoover CFD") for the purpose of engaging in a
financial swap for Contract Energy and Contract Capacity based on the cost incuned by
Vemon pursuant to that certain Contract for Electrical Services between Vernon and
Westem Area Power Administration
o Interconnection and Transmission Services Agreement (the "[S4") for the purpose of
interconnecting the Generating Facility with the Distribution System and to set forth the
terms and conditions pursuant to which Vemon will provide firm transmission services to
MGS Owner for the transmission of Products from the Generating Facility to the
Receiving Point after the PPTA Termination Date
On November 25, 2015, Affiliates of NGP and Paul B. Prager entered into a purchase and sale
agreement with Malburg Generation LLC, an Affiliate of GSO Capital Partners LP, for the
purchase and sale of all of the interests in Bicent (California) LLC, the indirect owner of the
Page 2 of 3
Seller and the Facility (the "Transaction"). The amendments attached address certain matters in
connection with the Transaction.
The key elements of the amendments are as follows:
. Consent to Transaction
o Effective as of the closing date ofthe Transaction (the "Effective Date"), upon Council
approval, the PPTA, CFD, and ITSA shall be amended by adding the defined terms in the
appropriate sections
As a gesture of good business, both parties have negotiated the Limited Waiver of Control Room
Default as well. With the City's prompt action to approve the consent for the Bicent change of
ownership, Bicent has agreed to forever waive the City's existing Control Room Default.
The amendments, waiver, and estoppel between the City of Vemon and Bicent Califomia have
been reviewed and approved by the City Attomey's oflice. VG&E staff recommends that the
City Council approve and authorize their execution by the Director ofGas & Electric.
Fiscal Impact
There is no known fiscal impact.
Attachment(s)
1. Third Amendment and Consent to Power Purchase Tolling Agreement
2. First Amendment and Consent to Hoover Contract for Differences
3. First Amendment and Consent to Interconnection Transmission Services Agreement
4. Limited Waiver of Control Room Default
5. Estoppel Certificate
Page 3 of 3
Execution Copy
THIRD AMENDMENT AND CONSENT TO
POWER PURCHASE TOLLING AGREEMENT
This THIRD AMENDMENT AND CONSENT TO POWER PURCHASE
TOLLING AGREEMENT (this "f ,AE9!d!S9nt") is entered into as of January
-,2016,
by and
between Bicent (California) Matburg LLC, a Delaware limited liability company ("Seller"), and
the City ofVemon, a municipal corporation and chartered city duly organized and existing under
and by virtue of the Constitution and laws of the State of Califomia that is also a publicly-owned
electric utility as defined in Section 9604 of the Califomia Public Utilities Code ("Buyer"). Each
of Seller and Buyer are referred to herein individually as a "Party" and collectively as the
"Parties." Capitalized terms used herein and not otherwise defined have the meaning set forth in
the 2nd Amended PPTA (as defined betow).
F.
RECITALS
On April 10, 2008, Seller acquired Buyer's interest in the combined cycle natural gas-
fired generating facility known as the Malburg Generating Station, located at 2715
East 50ft Street, Vemon, Califomia,90058 (the "Facilitv"), pursuant to that certain
Amended and Restated Purchase and Sale Agreement, dated as of December 13,2007,
by and between Bicent (Califomia) Power LLC, a Delaware limited liability company,
and the City (as it has been or may be amended, the "PSA").
Concurrently, the Parties entered into that certain power purchase tolling agreement
(the "PPTA"), pursuant to which Seller agreed to sell and deliver exclusively to
Buyer, arrd Buyer agreed to purchase and receive, on a tolling basis, Contract
Capacity, Contract Energy, Ancillary Services, and Resource Adequacy Benefits
from the Facility under the terms and conditions set forth in the PPTA.
On December 31,2009, the Parties amended the PPTA pursuant to that certain first
amendment to power purchase tolling agreement (the "First Amendment", and the
PPTA, as so amended, the "4rnqded_PPlLA") to resolve certain disputes that arose
between the Parties under the PPTA and PSA.
On June 3,2011, the Parties further amended the Amended PPTA pursuant to that
certain second amendment to power purchase tolling agreement (the Amended PPTA,
as further amended, the "2no Amended PPTA") to clarify certain PPTA terms relating
to, inter alia, the Minimum Dispatch Level of the Facility.
On November 25, 2015, Affrliates ofNGP and Paul B. Prager entered into a purchase
and sale agreement with Malburg Generation LLC, an Affiliate of GSO Capital
Partners LP, for the purchase and sale of all of the interests in Bicent (Califomia)
LLC, the indirect owner ofthe Seller and the Facility (the "TfausasUsn").
The Parties deem it to be in their respective best interests to enter into this 3'd
Amendment to address certain matters in connection with the Transaction.
C.
D-
NOW, THEREFORE, in consideration of the respective covenants and promises
contained herein and for good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the Parties agree as follows:
AGREEMENT
ARTICLE 1. CONSENT OF BUYER TO ASSIGNMENT
1.1 Consent to Transaction. Per Section 20.4.1 of the 2nd Amended PPTA, Buyer hereby
inevocably consents to the Assignment of the 2'd Amended PPTA in connection with and
resulting from the Transaction.
ARTICLE 2. AMENDMENTS AND AGREEMENTS
2.1 Amendments to Section 1.1 of the 2nd Amended PPTA.
(a) Effective as of the closing date ofthe Transaction (the "Effeeliye
Date"), Section l . l of the 2nd Amended PPTA shall be amended by deleting the following
defined terms in their entirety:
""NGP" means any limited partnership, limited liability company or other Person for
which NGP Energy Capital Management or any other fund management company that is a
successor to, an Affrliate of, or under common control with NGP Energy Capital Management
acts as investment manager.
"NGP Enerey Capital Manaeement" means NGP Energy Capital Management, L.L.C., a
Texas limited liability company."
(b) As of the Effective Date, Section 1.1 of the 2nd Amended PPTA shatl be
amended by adding the following defined terms in the appropriate alphabetical location in
Section l.l of the 2no Amended PPTA:
""Q!Q" means any limited partnership, limited liability company or other Person for
which GSO Capital Panners or any other fund management company that is a successor to, an
Afliliate of, or under common control with GSO Capital Partners acts as investment manager.
'G$A&pitd_PafncS" means GSO Capital Partners LP, a Delaware limited
partnership."
As of the2.2
Effective Date, Section 20.4.1 of the
entirety as follows:
Amended PPTA shall be amended and restated in its
"Section 20.4. Assimment.
Section 20.4.1 This Agreement is binding upon and inures to the
benefit ofthe successors and assigns of the Parties. However, neither Party shall
Assign this Agreement without the prior written consent of the other Party, which
consent shall not be unreasonably withheld, except that Seller may Assign this
Agreement to an A{filiate or to its financing sources for collateral purposes
without the prior written consent of Buyer. Any such Assignment is conditioned
on the assignee's agreement in writing to assume the assigning Party's duties and
obligations under this Agreement. Any Assignment to an Affiliate effected in
accordance with this Error! Reference source not found. shall not relieve the
assigning Party of its obligations and liabilities under this Agreement. For
purposes of this Error! Reference source not found., "Assign" or "Assiqnment"
means any direct or indirect assignment, subcontracting or other transfer of this
Agreement, including, with respect to Seller, any change of control of Seller;
provided, however, that "Assisn" or "ASS!.p!S9n!" shall not include any
transaction if after giving effect to such transaction GSO and/or Paul B. Prager
directly or indirectly control the Facility."
ARTICLE 3. MISCELLANEOUS
3.1 Reference to Agreement. Any and all other agreements, documents or
instruments now or hereafter executed and/or delivered pursuant to the terms hereof or pursuant
to the terms of the 2nd Amended PPTA are hereby amended so that any reference to the 2nd
Amended PPTA, whether direct or indirect, shall mean a reference to the 2nd Amended PPTA as
further amended by this 3rd Amendment.
3.2 Goveming Law. THIS 3'd AMENDMENT AND THE RIGHTS AND DUTIES
OF THE PARTIES HERET]NDER SHALL BE GOVERNED BY AND CONSTRUED,
ENFORCED AND PERFORMED IN ACCORDANCE WITH THE LAWS OF THE STATE
OF CALIFORNIA, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW.
EACH PARTY WAIVES ITS RESPECTIVE RIGHT TO ANY JURY TRIAL WITH RESPECT
TO ANY LITIGATION ARISING UNDER OR IN CONNECTION WITH THIS 3'd
AMENDMENT.
3.3 Dispute Resolution. The Parties affirm that any and all disputes, claims or
controversies arising out of, relating to, conceming or pertaining to the terms of this 3'd
Amendment, or to either Party's performance or failure of performance under this 3'd
Amendment shall be subject to the dispute resolution provisions of Article XIX of the 2nd
Amended PPTA.
3.4 Counterparts. This 3'd Amendment may be executed and delivered by the Parties
in any number of counterparts, with copies by electronic transmission acceptable, each of which
when so executed and delivered shall be an original, but all such counterparts shall together
constitute but one and the same instrument.
3.5 Full Force and Effect: Construction. Each Party confirms that the 2nd Amended
PPTA is in full force and effect and remains a binding obligation of the Parties. To the extent
that this 3'd Amendment conflicts in any way with the 2nd Amended PPTA, the 2nd Amended
PPTA shall be deemed modified hereby.
3.6 No Obliqation for Other Amendments. This 3'd Amendment is intended to be a
part of, and will serve as a valid, written amendment to, the 2nd Amended PPTA as required by
Section 20.9 thereof. Except as otherwise set forth in this 3'd Amendment, this 3'd Amendment
shall not by implication or otherwise alter, modifr, amend or in any way affect any of the terms,
conditions, obligations, covenants or agreements contained in the 2nd Amended PPTA, all of
which are ratified and affrrmed in all respects and shall continue in full force and effect, and this
3'd Amendment will not operate as an extension or waiver by the Parties of any other condition,
covenant, obligation, right, power or privilege under the 2nd Amended PPTA. This 3'd
Amendment (including its exhibits and appendices) constitutes the entire agreement between the
Parties relating to the subject matter of this 3'd Amendment, and shall not be considered to create
a course of dealing, an admission of liability or to otherwise obligate either Party to execute
similar amendments or grant any waivers under the same or similar circumstances in the future.
lThis space intentionally left blankl
IN WITNESS WHEREOF, the Parties have executed this 3'd Amendment and Consent
to the 2nd Amended PPTA as ofthe date first above written.
THE CITY:
CITY OF VERNON
ATTEST:
CITY OF VERNON
Carlos Fandino Name:
Director of Light and Power City Clerk
BICENT:
BICENT (CALIFORNIA) POWER LLC
Name:
Title:
BICENT MALBURG:
BICENT (CALIFORNIA) MALBURG LLC
By:
Name:
Title:
I hird Amendmenl to Power Purchase Tolline Aereemenr
By:
Execution Copv
FIRST AMENDMENT A]\D CONSENT TO
HOOYER CONTRACT FOR DIFFERENCES
This FIRST AMENDMENT AND CONSENT TO HOOVER CONTRACT FOR
DIFFERENCES (this "lstAmendment") is entered into as of January _,2016, by and between
Bicent (Califomia) Hoover LLC, a Delaware limited liability company ("Bicent"), and the City
of Vemon, a municipal corporation and chartered city duly organized and existing under and by
virn-re of the Constitution and laws of the State of California that is also a publicly-owned electric
utility as defined in Section 9604 of the California Public Utilities Code ("Vemon"). Each of
Bicent and Vernon are referred to herein individually as a "Partv" and collectively as the
-PAdgS." Capitalized terms used herein and not otherwise defined have the meaning set forth in
the Hoover CFD (as defined below).
RECITALS
A. On April 10, 2008, Bicent (California) Malburg LLC ('Brss4_I4slbuC") acquired
Vemon's interest in the combined cycle natural gas-fired generating facility known as
the Malburg Generating Station, located at 2715 East 50s Street, Vernon, Califomia,
90058 (the "Generatins Facility"), pursuant to that certain Amended and Restated
Purchase and Sale Agreement, dated as of December 13,2007, by and between
Bicent (Califomia) Power LLC, a Delaware limited liability company, and Vemon
(the *8S4',).
B. Concurrently, (i) Bicent Malburg and Vemon entered into that certain power purchase
tolling agreement (as subsequently amended, the "PPTA"), pursuant to which Bicent
Malburg agteed to sell and deliver exclusively to Vemon, and Vemon agreed to
purchase and receive, certain products from the Generating Facility under the terms
and conditions set forth in the PPTA, and (ii) Bicent and Vemon entered into that
certain Hoover Contract for Differences (the "Hoover CFD") for the purpose of
engaging in a financial swap for Contract Energy and Contract Capacity based on the
cost incurrsd by Vemon pursuant to that certain Contract for Electrical Services
between Vemon and Westem Area Power Administration, dated as of February 6,
1987, and ce(ain fixed prices, as described in further detail in the Hoover CFD.
C. On November 25,2015, Affiliates ofNGP and Paul B. Prager entered into a purchase
and sale agreement with Malburg Generation LLC, an Affiliate of GSO Capital
Partners LP, for the purchase and sale of all of the interests in Bicent (Califomia)
LLC, the indirect owner of Bicent, Bicent Malburg and the Generating
Facility (the "fianSastlign").
D. The Parties deem it to be in their respective best interests to enter into this l't
Amendment to address certain matters in connection with the Transaction.
NOW, THEREFORE, in consideration of the respective covenants and promises
contained herein and for good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the Parties agree as follows:
AGREEMENT
ARTICLE 1. CONSENT OF VERNON TO ASSIGNMENT
1.1 Consent to Transaction. Per Section 9.5.1 of the Hoover CFD, Vemon hereby
irrevocably consents to the Assignment of the Hoover CFD in connection with and resulting
from the Transaction.
ARTICLE 2. AMENDMENTS AND AGREEMENTS
Amendments to Article 1 of the Hoover CFD.
(a) Effective as of the closing date of the Transaction (the "E&qt!ye
pale"), Section 1.1 of the Hoover CFD shall be amended by deleting the following defined
terms in their entirety:
""NGP" means any limited partnership, limited liability company or other Person for
which NGP Energy Capital Management or any other Iirnd management company that is a
successor to, an Affiliate of, or under common control with NGP Energy Capital Management
acts as investment manager.
"NCp gnerey Capital M " means NGP Energy Capital Management, L.L.C., a
Texas limited liability company."
(b) As ofthe Effective Date, Section 1.1 of the Hoover CFD shall be
amended by adding the following defined terms in the appropriate alphabetical location in
Section l.l ofthe Hoover CFD:
'"'GSa" mears any limited partnership, limited liability company or other Person for
which GSO Capital Partners or any other fund management company that is a successor to, an
Affrliate of, or under common control with GSO Capital Partners acts as investment manager.
'GsQ&ptgt_EaCrc1g ' means GSO Capital Partners LP, a Delaware limited
partnership."
2.2 Amendment and Restatement of Section 9.5.1 of the Hoover CFD. As of the Effective
Date, Section 9.5.1 ofthe Hoover CFD shall be amended and restated in its entirety as follows:
"9.5.1. Assignment.
This Agreement is binding upon and inures to the benefit of the
successors and assigns of the Parties. However, neither Pany shall Assign this
2.1
Agreement without the prior written consent of the other Party, which consent
shall not be unreasonably withheld, except that Bicent may Assign this
Agreement to an Affiliate or to its financing sources for collateral purposes
without the prior written consent of Vemon. Any such Assignment is conditioned
on the assignee's agreement in writing to assume the assigning Party's duties and
obligations under this Agreement. Any Assignment to an Affiliate effected in
accordance with this Section 9.5.1 shall not relieve the assigning Party of its
obligations and liabilities under this Agreement. For purposes of this Section
9.5.1, "Assign" or "Assisnment" means any direct or indirect assignment,
subcontracting or other transfer of this Agreement, including, with respect to
Bicent, any change of control of Bicent; provided, however, that "Assien" or
"Assiqnment" shall not include any transaction if after giving effect to such
transaction GSO and/or Paul B. Prager directly or indirectly control the Facility."
ARTICLE 3. MISCELLAIIEOUS
3.1 Reference to Agreement. Any and all other agreements, documents or
instruments now or hereafter executed and/or delivered pursuant to the terms hereof or pursuant
to the terms of Hoover CFD are hereby amended so that any reference to the Hoover CFD,
whether direct or indirect, shall mean a reference to the Hoover CFD as further amended by this
ltt Amendment.
3.2 Goveming Law. THIS 1't AMENDMENT AND THE RIGHTS AND DUTIES
OF THE PARTIES HERELTNDER SHALL BE GOVERNED BY AND CONSTRUED,
ENFORCED AND PERFORMED IN ACCORDANCE WITH THE LAWS OF THE STATE
OF CALIFORNIA, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW.
EACH PARTY WAIVES ITS RESPECTIVE zuGHT TO ANY JURY TRIAL WITH RESPECT
TO ANY LITIGATION ARISING UNDER OR IN CONNECTION WITH THIS 1't
AMENDMENT.
3.3 Dispute Resolution. The Parties affirm that any and all disputes, claims or
controversies arising out of, relating to, conceming or pertaining to the terms of this 1"
Amendment, or to either Party's performance or failure of performance under this 1tt
Amendment shall be subject to the dispute resolution provisions of Article VIII of the Hoover
CFD.
3.4 Counterparts. This l't Amendment may be executed and delivered by the Parties
in any number of counterparts, with copies by electronic transmission acceptable, each of which
when so executed and delivered shall be an original, but all such counterparts shall together
constitute but one and the same instrument.
3.5 Full Force and Effectl Construction. Each Party confirms that the Hoover CFD is
in full force and effect and remains a binding obligation of the Parties. To the extent that this l't
Amendment conflicts in any way with the Hoover CFD, the Hoover CFD shall be deemed
modified hereby.
3.6 No Oblieation for Other Amendments. This I't Amendment is intended to be a
part of, and will serve as a valid, written amendment to, the Hoover CFD as required by Section
9.10 thereof. Except as otherwise set forth in this l't Amendment, this l't Amendment shall not
by implication or otherwise alter, modify, amend or in any way affect any of the terms,
conditions, obligations, covenants or agreements contained in the Hoover CFD, all of which are
ratified and affirmed in all respects and shall continue in full force and effect, and this I't
Amendment will not operate as an extension or waiver by the Parties of any other condition,
covenant, obligation, right, power or privilege under the Hoover CFD. This l't Amendment
(including its exhibits and appendices) constitutes the entire agreement between the Parties
relating to the subject matter of this 1't Amendment, and shall not be considered to create a
course of dealing, an admission of liability or to otherwise obligate either Party to execute
similar amendments or grant any waivers under the same or similar circumstances in the future.
lThis space intentionally left blankl
IN WITNESS WHEREOF, the Parties have executed this 1'1 Amendment ald Consent
to the Hoover CFD as of the date first above written.
VERNON:
CITY OF VERNON
ATTEST:
CITY OF VERNON
Carlos Fandino Name:
Director of Light and Power City Clerk
BICENT:
BICENT (CALIFORNIA) POWER LLC
Name:
Title:
BICENT HOOVER:
BICENT (CALIFORNIA) HOOVER LLC
By:
Name
Title
First Amendment to Hoover Contract for Differences
By:
Execution Copy
FIRST AMENDMENT AI\D CONSENT TO
INTERCONNECTION TRANSMISSION SERVICES AGREEMENT
This FIRST AMENDMENT AND CONSENT TO INTERCONNECTION
TRANSMISSION SERVICES AGREEMENT (this "lsr Amendment") is entered into as of
January _, 2016,by and between Bicent (Califomia) Malburg LLC, a Delaware limited liabitity
company ("MGS Owner"), and the City of Vemon, a municipal corporation and chartered city
duly organized and existing under and by virtue of the Constitution and laws of the State of
Califomia that is also a publicly-owned electric utility as defined in Section 9604 of the
Califomia Public Utilities Code ("Yg@n"). Each of MGS Owner and Vemon are referred to
herein individually as a "Party" and collectively as the "Parties." Capitalized terms used herein
and not otherwise defined have the meaning set forth in the ITSA (as defined below).
RECITALS
A. On April 10, 2008, MGS Owner acquired Vemon's interest in the combined cycle
natural gas-fired generating facility known as the Malburg Generating Station,
located at 2715 East 50m Street, Vemon, Califomia, 90058 (the 'GclgIatEC
Facility"), pursuant to that certain Amended and Restated Purchase and Sale
Agreement, dated as of December 13,2007, by and benveen Bicent (Califomia)
Power LLC, a Delaware limited liability company, and Vemon (the "PSA).
B. Concunently, the Pades entered into (i) that certain power purchase tolling
agreement (as subsequently amended, the "!P'[A"), pursuant to which MGS Owner
agreed to sell and deliver exclusively to Vemon, and Vemon agreed to purchase and
receive, certain products from the Generating Facility under the terms and conditions
set forth in the PPTA, and (ii) that certain Interconnection and Transmission Services
Agreement (the "ITSA") for the purpose of interconnecting the Generating Facility
with the Distribution System and to set forth the terms and conditions pursuant to
which Vemon will provide firm transmission services to MGS Owner for the
transmission of Products from the Generating Facility to the Receiving Point after the
PPTA Termination Date.
C. On November 25,2015, Affiliates of NGP and Paul B. Prager entered into a purchase
and sale agreement with Malburg Generation LLC, an Affiliate of GSO Capital
Partners LP, for the purchase and sale of all of the interests in Bicent (Califomia)
LLC, the indirect owner of MGS Owner and the Generating
Facility (he "Transaction").
D. The Parties deem it to be in their respective best interests to enter into this l't
Amendment to address certain matters in connection with the Transaction.
NOW, THEREFORE, in consideration of the respective covenants and promises
contained herein and for good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the Parties agree as follows:
AGREEMENT
ARTICLE 1. CONSENT OF VERNON TO ASSIGNMENT
1.1 Consent to Transaction. Per Section 17.1 of the ITSA, Vernon hereby irrevocably
consents to the Assignment of the ITSA in connection with and resulting from the Transaction.
ARTICLE 2. AMENDMENTS AND AGREEMENTS
Amendments to Article I of the ITSA.
(a) Effective as ofthe closing date ofthe Transaction (the "Effective
Date"), Article I of the ITSA shall be amended by deleting the following defined terms in
their entirety:
'''NGP" shall mean any limited partnership, limited liability company or other Person for
which NGP Energy Capital Management or any other fund management company that is a
successor to, an Affiliate of or under common control with NGP Energy Capital Management
acts as investment manager.
"NGP Energy Capital Manaeement" shall mean NGP Energy Capital Management,
L.L.C., a Texas limited liability company."
(b) As of the Effective Date, Article I of the ITSA shall be amended by
adding the following defined terms in the appropriate alphabetical location in Article I ofthe
ITSA:
*'GSA" shall mean any limited partnership, limited liability company or other Person for
which GSO Capital Partners or any other fund management company that is a successor to, an
Affiliate of, or under common control with GSO Capital Partners acts as investment manager.
"GSO Capital Partners" shall mean GSO Capitat Partners LP, a Delaware limited
partnership."
2.2 Amendment and Restatement of Section 17. I of the ITSSA. As of the Effective Date,
Section 17.1 of the ITSA shall be amended and restated in its entiretv as follows:
''17.1. Assignment.
This Agreement is binding upon and inures to the benefit of the
successors and assigns of the Parties. However, neither Pany shall Assign this
Agreement without the prior written consent of the other Party, which consent
shall not be unreasonably withheld, except that MGS Owner may Assign this
First Amendment to Interconnection Transmission Services Aqreement
2
2.1
Agreement to an Affrliate or to its financing sources for collateral purposes
without the prior written consent of Vemon. Any such Assignment is conditioned
on the assignee's agreement in writing to assume the assigning Party's duties and
obligations under this Agreement. Any Assignment to an Affiliate effected in
accordance with this Section 17.1 shall not relieve the assigning Party of its
obligations and liabilities under this Agreement. For purposes of this Section 17.1,
"As51g!" or "Assignment" means any direct or indirect assignment,
subcontracting or other transfer of this Agreement, including, with respect to
MGS Owner, any change of control of MGS Owner; plqvidecl, however, that
"AS!ig!" or "Assiqnment" shall not include any transaction if after giving effect
to such transaction GSO and/or Paul B. Prager directly or indirectly control the
Facility.
MGS Owner shall have the right to assign this ITSA to a lender as collateral for
any debt financing or refinancing relating to the Generating Facility. Vemon
shall execute a consent to collateral assignment substantially in the form attached
as Exhibit F-1 to the PSA."
ARTICLE 3. MISCELLANEOUS
3.1 Reference to Agreement. Any and all other agreements, documents or
instruments now or hereafter executed and,/or delivered pursuant to the terms hereof or pursuant
to the terms of ITSA are hereby amended so that any reference to the ITSA, whether direct or
indirect, shall mean a reference to the ITSA as further amended by this l't Amendment.
3.2 Goveminq Law. THIS I't AMENDMENT AND THE RIGHTS AND DUTIES
OF THE PARTIES HEREI.JNDER SHALL BE GOVERNED BY AND CONSTRUED,
ENFORCED AND PERFORMED IN ACCORDANCE WITH THE LAWS OF THE STATE
OF CALIFORNIA, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW.
EACH PARTY WAIVES ITS RESPECTIVE RIGHT TO ANY JURY TRIAL WITH RESPECT
TO ANY LITIGATION ARISING LTNDER OR IN CONNECTION WITH THIS 1.t
AMENDMENT.
3.3 Dispute Resolution. The Parties aflirm that any and all disputes, claims
controversies arising out of, relating to, concerning or pertaining to the terms of this
Amendment, or to either Party's performance or failure of performance under this
Amendment shall be subject to the dispute resolution provisions of Article 24 of the ITSA.
3.4 Countemarts. This l't Amendment may be executed and delivered by the Parties
in any number of counterparts, with copies by electronic transmission acceptable, each of which
when so executed and delivered shall be an original, but all such counterparts shall together
constitute but one and the same instrument.
First Amendment to Interconnection Tmnsmission Services Aereement
3
or
lt'
lt'
3.5 Full Force and Effect: Construction. Each Party confirms that the ITSA is in full
force and effect and remains a binding obligation of the Parties. To the extent that this 1st
Amendment conflicts in any way with the ITSA, the ITSA shall be deemed modified hereby.
3.6 No Obligation for Other Amendments. This l't Amendment is intended to be a
part of, and will serve as a valid, wriften amendment to, the ITSA as required by Section 26.9
thereof. Except as otherwise set forth in this I't Amendment, this I't Amendment shall not by
implication or otherwise alter, modify, amend or in any way affect any of the terms, conditions,
obligations, covenants or agreements contained in the ITSA, all of which are ratified and
affirmed in all respects and shall continue in full force and effect, and this l't Amendment will
not operate as an extension or waiver by the Parties ofany other condition, covenant, obligation.
right, power or privilege under the ITSA. This I't Amendment (including its exhibits and
appendices) constitutes the entire agreement between the Parties relating to the subject matter of
this ltt Amendment, and shall not be considered to create a course of dealing, an admission of
tiability or to otherwise obligate either Party to execute similar amendments or grant any waivers
under the same or similar circumstances in the future.
fThis space intentionally left blankl
First Amendment to lnterconnection Tfrnsmission Services Aqreement
4
IN WITNESS WHEREOF. the Parties have executed this l't Amendment and Consent
to the ITSA as of the date first above written.
YERNON:
CITY OF VERNON
ATTEST:
CITY OF VERNON
Carlos Fandino Name:
Director of Light and Power City Clerk
BICENT:
BICENT (CALIFORNIA) POWER LLC
Name:
Title:
BICENT MALBURG:
BICENT (CALIFORNIA) MALBURG LLC
By:
Name:
Title:
First Amendment to lnterconnection Tmnsmission Seryices Agaeement
By:
Execution Copv
(Limited Waiver of Control Room Default)
lCiry of Vernon Letterheadl
January _, 2016
Bicent (Califomia) Malburg LLC
c/o Beowulf Energy LLC
575 Broadway, 3rd Floor
New York, NY 10012
Attn: Douglas Halliday, Chief Operating Officer
Re: Limited Waiver of Control Room Default under Sections 12.03 and 1.06(a) of the Lease
Dear Mr. Halliday:
Reference is made to that certain Lease and Grant of Easements, dated April 10, 2008
between the City of Vemon (the "Ciw") and Bicent (Califomia) Malburg LLC ("Biggn!", as
amended, the "Lease"). Capitalized terms used herein and not otherwise defined have the
meaning set forth in the Lease.
Per Section 1.06(a) ofthe Lease, the City is required to relocate the Distribution Facility
control room from its current location on the first floor of the Historical Building to the basement
of the Historical Building no later than two (2) years following the Commencement Date (the
"Control Room Deadline"). Because the City did not relocate the control room by the Control
Room Deadline, the City failed to perform an obligation specified under the Lease and is thus in
default pursuant to Sections 12.03 and 1.06(a) ofthe Lease (the 'eSEESLBS9IS !gfaUt').
Section 12.03 of the Lease further provides that Bicent shall have the right, but shall not
be obligated, to pay or discharge any such specified obligation under the Lease that the City fails
to perform and, should Bicent elect to do so, the City shall reimburse Bicent in the full amount
thereof together with Bicent's expenses incurred in connection therewith, including but not
limited to, reasonable attomeys' fees (the "Dtsshalgg RiCht").
By this letter, the City and Bicent would like to confirm their mutual understanding and
agreement that Bicent waives (i) the City's existing Control Room Default and (ii) Bicent's
Discharge Right limited exclusively to and arising out of such Control Room Default
(collectively the "Waiver).
It is further understood and agreed by the parties that (i) the Waiver is limited as written,
(ii) nothing in this letter shall be deemed to constitute a waiver of any other term, provision or
condition of the Lease in any other instance than as set forth herein or prejudice any right or
remedy that any party hereto may have or may in the future have under the Lease, and (iii)
except as otherwise amended by this Waiver, all terms, conditions and covenants contained in
the Lease shall be and remain in full force and effect
Please countersign this letter in the space provided below to confirm the above mutual
understanding and agreement.
Very Truly Yours,
CITY OF VERNON
Carlos Fandino
Director of Light and Power
ATTEST:
Name:
City Clerk
ACCEPTED AND AGREED
On January _, 2016:
BICENT (CALIFORNIA) MALBURG LLC
Name: Douglas Halliday
Title: Chief Operating Oflicer
cc: Carlos Fandino, Jr.
Carl L. Reisner, Esq.
Neeraj Arora, Esq.
By:
By:
By:
2
ESTOPPEL CERTIFICATE
2016
Malburg Generation LLC
c/o GSO Capital Partners LP
345 Park Avenue, 31st Floor
New York, New York 10154
Attention: Patrick F leury
Re: Lease and Grant of Easements by and between The City of Vemon, as Landlord (the
"La[dlard"), and Bicent (California) Malburg LLC, as Tenant (the "Tenant"), dated April
10, 2008 (the "Lease").
Beowulf (California) LLC, a Delaware limited liability company ("Beowulf '), and Bicent
Prime Holdings LLC, a Delaware limited liability company ("Bicent Prime" and, together with
Beowulf, the "Sellers"), own 8.66% and 91.34o/o, respectively, of the membership interests of
Bicent (Califomia) LLC, a Delaware limited liability company, which is the sole member of the
Tenant (collectively, the "Membership Interests"). The undersigned acknowledges that the
Sellers intend to sell the Membership Interests to Malburg Generation LLC, a Delaware limited
liability company (the "Buyer"), and the Buyer desires to purchase from the Sellers, all such
Membership Interests (the "Transaction"). In connection with the Transaction, the undersigned
hereby certifies to the Buyer that, as of the date hereof:
l. The Lease is unmodified and in full force and effect;
2. To the best knowledge of the Landlord, there are no existing offsets or defenses
against the enforcement of any of the terms, covenants or conditions hereof upon
the part ofthe Landlord to be performed; and
3. The Tenant has paid the rent and other charges through January _, 2016.
4. To the best knowledge of the Landlord, Tenant is not in default under any term,
covenant or condition of the Lease nor is there any fact or condition with which,
with notice or lapse of time or both, will become a default or otherwise entitle
Landlord to terminate the Lease, nor is there notice of any pending default by
Tenant.
[Signatures appear on follow ing pages]
IN WITNESS WHEREOF, the undersigned has caused this Estoppel Certificate to be
executed as ofthe date first written above.
By:By,
THE CITY:
CITY OF VERNON
Carlos Fandino
Director of Light and Power
cc: c/o GSO Capital Partners LP
345 Park Avenue, 3 I st Floor
New York, New York 10154
Attention: Chief Legal Officer
Email: gsolegal@gsocap.com
Bryan Cave LLP
1200 Main Street, Suite 3800
Kansas City, Missouri 64105
Attention: Joe Dubinski
Fax: (816) 855-3383
ATTEST:
CITY OF VERNON
Name:
Citv Clerk
2
;,aEG ;VuD rr'nCE!VED
DATE:
TO:
FROM:
RE:Approval of a Resolution Adopting an Amended and Restated Citywide
Fringe Benefits and Salary Resolution and Deputy City Clerk Job
Description in Accordance with Government Code Section 20636(BX1) and
Repealing All Resolutions in Conllict Therewith
Recommendation
A. Find that approval of the resolution proposed action is exempt from Califomia
Environmental Quality Act C'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.
B. Adopt the attached resolution amending and restating the Citywide Fringe Benehts and
Salary Resolution, effective February 2,2016, to reflect the following provision:
1) Amend Exhibit A, Classifrcation and Compensation Plan, as follows:
a) Change salary grade for Deputy City Clerk to (C26 - $6,238 - $7582 -
Conhdential Group)
C. Adopt the revised Deputy City Clerk Job Description, effective February 2,2O16, to
reflect the following provision:
2) Adopt Revised Deputy City Clerk Job Description.
Background
During the regular City Council meeting of January 19,2016, Ana Barcia current Deputy City
Clerk announced her resignation effective Thursday, January 28, 2016. As a result of this
announcement, City Clerk Maria Ayala requested a survey be conducted by Human Resources to
assess the Deputy City Clerk position against the City's established comparable agencies. A
survey was conducted to assess the City's Deputy City Clerk job description and salary range.
The survey results identified a salary increase in this classification and a few key revisions to the
February 2,2016
Honorable Mayor and City Council
Lisette Grizzelle, Interim Director of Human Resources Departmen
Page I of 2
CITY AD|liiINISTRASTAFF REPORT
HUMAN RESOURCES DEPARTMENT
job description in the overall market. The curent Deputy City Clerk (Confidential) salary range
is C25 - $5,940 - $7,221, while the updated survey results indicate that salary range is C26 -
$6,238 - $7,582, most closely aligns with the 78th percentile of the current labor market.
The key revisions to the Deputy City Clerk job description include an increase in the educational,
training and experience requirements and updates to the job functions relating to increased
responsibility to assist in training and guiding City Clerk's Office staff.
Fiscal Impact
The cost associated with the aforementioned salary change can be absorbed by rhe City Clerk
Department 2Ol5-2O16 fiscal year budget.
Attachment(s)
Revised Deputy City Clerk Job Description
Page 2 of 2
JOB DESCRIPTION
Deputy City Clerk
Date Prepared:Ma{€h++ts
Februarv. 2016
Class Code:1315
SUMMARY:Undergeneral@,pertormsthedUtieSofthe
office as defined by law including technical, legal, and administrative duties in managing the
official records of the City; assists in maintaining the required historical municipal records, assists
in coordinating municipal elections, and, in conjunction with the Citv Clerk and City Attorne
g[gC, assures technical compliance with City and state regulations and Ralph M. Brown Act open
meeting laws.
ESSENTIAL FUNCTIONS: - Essential functions, as defined under lhe Ameicans with Disabililies Act, may include ary of
lhe followng rcpresntative dules, klowledge, and skills. This is not a cunyehensive hstng of all tuncticrls and dnies pelomd by
incumbents of this class; enployees nay be assigned duties which ae not listed below; reasonabb awnndatbns will be nade
as equied. The job desqiption des not @nstitute an employnent agen@nt and is subied to d\ange at any lne by tl:F-
enployu. Essental duties and responsibiltues may include, but are not limited to, he folbwing:
. Assists in the management ol the official records of the City; verifies official City activities are
in compliance with federal and state laws and regulations, and City policies; works
independently and makes appropriate decisions based on knowledge of City policies;
performs duties within scope of authority.
o Assists with ancl/or performs the duties of City Clerk as assigned; drafts, compiles, prepares,
and distributes City Council. or other ooveminq boc,v.rAMll agenda packets, public meeting
notices, and supporting documentation; processes legal and technical documents.
. Perlorms the technical transcribing of public meeting minutes; attends public meetings and
takes notes.
o Receives, records, assigns and, in conjunction with the City Attomey, responds to public
records requests.
. Assists as custodian of City records, and verifies the accuracy ot technical liles and official
records including Statements of Economic lnterest required by the California Political Reform
Act; verifies City records management and retention program is in compliance with California
statutes.
. Assists with conduct of City elections, including managing the dissemination, and return, of
ballots and the filing of all required technical documents.
. Drafts stafl reports,_ jlcpa4ncn'L_plqggduEs, correspondence and other documents as
needed.
. Assures the absolute conlidentiality of City's confidential records and information.. Assures that security protocols are followed, and all reports and paperwork are completed in a
timely manner; updates, corrects, retrieves, and releases information according to procedures.
.-Ma
includinq supervisino staff . supecase-ete+iea+s+a+
. Provides information, instructions and assistance to the public and others having business
with the city; assists customers with requests, applications, government forms, and other
documents; responds to and resolves customer service issues in a courteous and respectful
manner.
. 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; maintaini
confidentiality of work-related issues and City information; performs other duties as required or
assigned.
MINIMUM QUALIFICATIONS:
Education, Training and Experience Guidelines:
Ass€€ie+e+Eeqhcrbrq Degree in Public or Business Administration, or related field; AND +h+ee
four years adminislrative experience in a municipal or munty clerk,s offic€._gl_s[dlel.Bu![A
aoencv [Air2lin Californi ast two Vears ol Derformino i
manaqement.=
Knowledge of:. City organization, operations, policies, and procedures.. Federal and state laws and statutes governing municipal operations, public records, and open
meetings, including california Public Employment Relations Board, the Meyers-Milias-Brown
Act, California Public Records Act, California Elections Code, California Political Beform Act
and the Federal Voter Rights Act.o City ordinances, codes, policies, resolutions, and agreements.. Federal and state laws and regulations governing city administration and elections.. Parliamentary practices and procedures governing public meetings.. Principles and practices of record keeping, records management, and records retention.o Principles and practices of confidential records management, and security precautions in the
public sector.. Legal, ethical and professional rules of conduct for public sector employees and elected
officials.. Customer service principles, protocols, and methods.. Business computers, and standard and specialized soltware applications.
Skill in:o Explaining and applying state and Federal rules and regulations and statutory standards.o Researching, reviewing, correcting, and maintaining complex and extensive public records.. Monitoring the City's compliance with all laws, regulations, and rules.o Assessing and prioritizing multiple tasks, projects and demands.. Dealing tactfully and courteously with those seeking information about City functions and
activities.. Establishing and maintaining effective working relationships with the city clerk and city
Attorney, co-workers, City Council, Mayor, City Administrator, City departments and stiff,
regional government agencies, and the public.. Communicating effectively verbally and in writing.
LICENSE AND CERTIFICATION REOUIREMENTS:
PHYSICAL OEMANDS AND WORKING ENVIRONMENT:
ork is performed in a standard office environment.
RESOI-,UTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ADOPTTNG AN AMENDED AND RESTATED CITYWIDE
FRfNGE BENEFITS AND SAI,ARY RESOLUTION IN ACCORDANCE
ITTH GOVERNMENT CODE SECTION 20536 (b) (1) AND
REPEALTNG A]-L RESOLUTfONS IN CONFLTCT THEREWITH
WHEREAS, on January 1-9, 201-6, the City Counci] of the City
of Vernon adopted Resolution No. 2015-03, adopting an amended and
restated Citlnuide Fringe Benefits and Sa1ary Resofut.ion; and
WHEREAS, by memorandum dated February 2, 201-6, the hterim
Human Resources Direct.or, in conference with City Administ.rat.ion. has
recommended the adoption of an amended and restated Citywide Fringe
Benef it.s and Sa1ary Resofut.ion and Classification and Compensatsion Pfan
to amend the safary grade for the position of Deputy City Clerk based
on proposed job description updat.es; and
WHEREAS, the City Council desires Eo adopt an amended and
rest.ated Citywide Fringe Benefits and SaIary Resolution, a copy of
which is attached hereto as Exhibit. A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COIJNCIL OF THE
CfTY OF VERNON AS FOLLOWS:
SECTION 1: The City Councif of tshe City of Vernon hereby
finds and determines that the above recital-s are true and correcE.
SECTfON 2: The City Council of the City of Vernon finds
that this action is exempt from California Environmentaf Quafity Act
('Ce91]'") review, because it. is a continuing administrative activity
that wil-l- not result in direct. or indirect physical changes in the
environment, and therefore does not constitute a "projects,, as defined
by CEQA Guidel-ines sect.ion 15378.
SECTION 3: Effective February 2, 201-5, the City Councif of
t.he City of Vernon hereby approves the amended and restsated Citywide
Fringe Benefits and sa1ary Resolution, a copy of which is aEtached
hereEo as Exhibit A.
SECTION 4: Al-I resolutions or parts of resol-utions,
specifically Resolution No. 2015-03, not consistent with or in
conflict. with t.his resoluEion are hereby repealed.
SECTIoN 5: The City Clerk, or Deputy City C1erk, of the
City of Vernon sha11 certify to the passage, approval and adopcion of
this resoluEion, and Ehe City C1erk, or Deputy Citsy C1erk. of the City
of Vernon shall cause tshis resolution and the City Clerk's, or Deputy
City Clerk's, certificacion to be entered in the File of Resolutions
of tshe Council of this City.
APPRoVED AND ADOPTED this 2nd day of February, 201-5.
Name:
Titfe: l,riayor / Mayor Pro-Tem
ATTEST:
Cit.y Clerk / DepuEy CiEy Clerk
AS TO FORM:
s'sa, Deputy City Attorney
2
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
t,, City Clerk / Deputy Cit.y Cterk of the City
of Vernon, do hereby certify that the foregoing Resolution, bej.ng
Resofution No. . was duly passed. approved and adopted by the
City Council of the City of Vernon at a regular meeting of the City
council duly held on Tuesday, February 2, 2015, and thereafter was dufy
signed by the Mayor or Mayor pro-Tem of the City of Vernon.
Executed this _ day of February, 2o!G , aL vernon. Car.ifornia.
Cit.y Clerk / Deputy City Clerk
(SEAL)
3
EXHIBIT A
City of Vernon
FRINGE BENEFITS
AND
SALARY RESOLUTION
Effective February 2, 2016
TABLE OF CONTENTS
FRINGE BENEFITS AND SALABY RESOLUTION
PARTl_FRINGEBENEFITS
lntroduction:
Section 1 :
Section 2:
Section 3:
Section 4:
Section 5:
Section 6:
Section 7:
Section 8:
Section 9:
Section 10:
Section 1 1 :
Section 12:
Section 1 3:
Section 14:
Section 15:
Section 16:
Section 17:
Section 18:
Section 19:
Section 20:
Section 21:
Section 22.
Ho1iday............ """"" 4
Adminisirative Leave Time """"""" 6
Overtime........ """"" 8
Compensatory Time ............... """"' 10
Court Time..... .."""" 11
Vacation......... """"'12
Sick Leave..... """""14
Family Sick Leave (Kin Care) .......'..... ."""""""""17
Bereavement Leave ............. """"" 18
Jury Duty """""""'20
Autbmobile Allowance and Reimbursement for Expenses .."""""'21
Health |nsurance................... """"'23
Dental |nsurance................... """"'25
Vision 1nsurance..................... """"26
Life lnsurance. ."""'27
Deferred Compensation Plan ..'............ ""'-""""""' 28
CaIPERS Retiiement P|an...........'.... ......."""""""'29
Retiree Medical lnsurance...... """" 31
Longevity Program ......"""""""""' 33
Bilin-gual'Pay... """" 35
Unif6rm Allowance....... """""""""' 36
Stand-by Po1icy.............. """"""""'37
PART II - CLASSIFICATION AND COMPENSATION
Section 1 .
Section 2.
Section 3.
Purpose.......... """"' 40
The Compensation Plan .'."""""""40
The Classification P1an.......... """"' 40
EXHIBIT A - CLASSIFICATION AND COMPENSATION PLAN ........41
2
PART 1
FRINGE BENEFITS
3
INTRODUCTION
ution shall apply to all of
ions, and/or limitations be
exisrence or rhese poricies shar not "r:i,:"fJilSiln"#"fll"rr"nt contract o, r".tliright of employees.
For those employees covered in respective memoranda of understanding (MoU), theprovisions set forth in the applicablg uou shall prevail in the event that-there is anyconflict . between provisions established in this Resolution and any' piovisionsestablished in the respective MOU.
The provisions set forth in this Resolution or as amended from time to time shall beeffective upon city council adoption, unless a specific effective oate is stateJ theiein.
PARTl-FRINGEBENEFITS
Section 1. HOLIDAYS
A. Authorized holidays are as set forth in Table 1, attached hereto and incorporatedherein by reference. Municipar otfices shail be crosed on such horidays. '
B. The dates for observation of horidays shail be approved by the city councir.
c. lf an authorized holiday falls on a sunday, the following Monday shall be treatedas the holiday. Holidays falling on a Friday, or saturda-y, shall not be granted asan authorized holiday to employees.
D. uthorized holiday and
regular hourly rate of
he was requireo," *ll,l'3, ill ;f,flI!:XtJ;holiday.
E. Temporary and part-time employees are not eligible for paid holidays.
G. All. full-time
. e.mproyees may use vacation time or compensatory time for areligious. holiday (not listed herein as an authorized holiday) witr the priorapproval of the department head. lf there is insufficient accumulated time, theemployee may request the time as unpaid leave of absence.
4
TABLE 1 . HOLIDAY
'1"' - New Year's
March 31'r - Cesar Chavez
December 31'' - New Year's Eve
5
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 Charler and their respective Deputies and Assistant Directors shall
receive, effective January 1 of each calendar year, 80 hours of Administrative
leave.
B. The 80 hours may not be canied over into the succeeding calendar year and is
lost and not eligible for cash payout if not used by December 31 of each calendar
year.
C. Executive and Management staff hired, promoted, or reclassified on or afier 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 1-June30 60 hours
Julyl-Sept.30 40 hours
Octl-Dec.31 20 hours
Mid-Management - Staff who are designated as exempt in accordance with the
Fair Labor Standards Act shall receive, effective January 1 of each calendar
year, 60 hours of Administrative leave
The 60 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
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 1-June30 45 hours
Julyl-Sept.30 30 hours
Octl-Dec.31 15 hours
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
D.
F.
6
the depaftment 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 stafl'
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 the 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 wokweek schedule.
For example, if an employee works twelve (12) hours on one day (based on a ten
(10) hour day), the entire twelve hours will be recorded on the time 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 scheduled workdays in the
workweek, as long as the employee's hours for the workweek do not fall below
the minimum paid work hours schedule.
C. All ove(ime 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 verlcal authorization is obtained, written 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 workweek.
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 purposes
of computing overtime. Unpaid jury leave, disciplinary suspensions, and
administrative leave shall not count as time worked for the purpose of computing
overtime.
F. 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 (40) in a
workweek, such employee shall be compensated at the rate of one and one-half
of (1 .5) said employee's hourly rate.
G. 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,
l. 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
J.
(5) min or her scheduled ending time. An employee whowishes a different time must ob[ain written
"p'pr"'r"i ti",his or h r to working the ditferent or additional time.
Straight time and overtime wiil be compensated in six (6) minute segments oftime.
while overtime should be attempted to be distributed equaily amongst alremployees in a given classification, the department head retaini oiscreion ioassign such overtime.
The city Administrator, department heads and those management employeesdesignated by the city Administrator as exempt under the pr5visions ot ine'pair
Labor standards Act (FLSA) shall not be subject to the provisions of this sectionrelating to overtime, but shall work such hours as may be necessary for iheeffective operation of their respective departments.
Please refer to Human Resources policy, Salary plan Administration ll_3M.
9
Section 4. COMPENSATORY TIME
A. All regular fulFtime employees may request to accrue compensatory time in lieuof cash payment for overtime worked. The totar compensit"ry tirL alcrueo iscalc.ulated by murtiprying the number of hours of
'overtime
worked by theapplicable overtime rate (1, 1.5 or 2), and is subject to tre apfroval of thedepartment head.
B. compensatory time may be accumurated up to a maximum of sixty (60) hours. rtis at the employee's option whether to receive overtime comiensation orcompensatory time accruals up to the 60_hour limit.
C, S-minute increments. Scheduling of
and must be preceded by a ten (10)
.
yee. Management may waive the ten
D. Employees who have reached the 60-hour limit shall receive overtimecompensation. There are no cash payouts of compensatory time once anemployee 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.
ll
Section 6. VACATION
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:
Continuous Years of Service Vacation Hours Eamed Bi-Weekly
Accrual
80
100
120
160
190
3.08
3.85
4.62
6.16
7.31
Executive and Management Staff I 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
D irecto rs.
Continuous Years of Service Vacation Hours Eamed Bi-Weeklv
Accrual
120
150
170
185
190
4.62
5.77
6.54
7.12
7.31
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 benef it 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.
E.
F.
G.
H.
t.
K.
L.
M-
J.
writing, wilhin ten (10) business days before the beginning of the vacation.Vacation leave requests for extended times (3 weelis or hore), unless anunforeseen emergency exists, shalr be submitied at reast thirty i'30) days in
advance of the beginning of the vacation.
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.
vacation leave requests shall not be in excess of such leave actually eamed at
the time it is requested or in excess of the regular scheduled workweei<.
No vacation leave shall be accumulated by employees while they are on an
unpaid leave of absence.
Vacation may be taken prior to the completion of the employee,s probationary
period under special circumstances and with the approval of the departmeni
head.
ln the event one or more city holidays fall within a vacation period, such holidays
shall not be charged as vacation leave.
Upon separation from city employment, compensation shall be paid for vacation
leave that has been eamed but not taken.
Vacation leave shall be requested in fifteen (15) minute increments.
The department head retains discretion to cancel previously authorized vacation
in the case of an emergency.
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.
13
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,
leglnqng July 1, 2015, all part-time and temporary employees (exctuding
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 paid 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-time/
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 (fulFtime) or 48 Hours (part-time will
be compensated for at the end of the calendar year at SO"/" 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.
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 employeeor an employee's family member (including to care for a parent-inlaw,
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 eamed 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.
t.
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 pattern 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 pattem 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 concurrently 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 50% of 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.
15
leave hours in his/her sick reave bank at the time of separation at looy"of his/herthen current regular hourly rate of pay.
P. lf a.temporary employees resigns or the temporary assignment has ended,he/she shall not be erigible foi compensation of unused lict t"ar" t,orrs inhis/her sick leave bank at the time of separation.
l6
Section 8. FAMTLY S|CK LEAVE (KlN CARE)
ln any calendar year, emproyees may use the emproyee,s accrued and avairabre sickreave enlrllement, in an amount not more than the sick leave that would be accruedduring six months at the employee's then current rate of entittemen[ toiluariryIng tamiryillness as follows: sick leave for family illnesses will be allowed onry to1 in" Ji.kness ofthe spouse of, or the children of, or mother
same househo
the other custo
all family sick
physician may be required as a condition of payment while on such leave.
tl
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 membe/' 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
Employees
Spouse 4 work davs
chird 4 work davs
Registered
Domestic Partner
4 work days
Step-Child 4 work davs
Parent 4 work davs
Step-Parent 4 work davs
Mother-inJaw 4 work davs
Father-in-law 4 work days
Grandchild 4 work days
Step-Grandchild 4 work davs
Grandparent 4 work davs
G randparent-in-law 4 work davs
Brother 4 work days
Sister 4 work davs
Step-Sister 4 work davs
Step-Brother 4 work days
Dauqhter-in-law 4 work days
Son-in-law 4 work davs
Brother-in-law*4 work davs
Sister-in-law.4 work davs
Brother-in-law and sister-inlaw 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 leams 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 leaming 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 leaming of the
B.
c.
l8
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: JURYDUTY
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 .iury 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 lury 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: AUTOMOBTLE ALLOWANCE AND RETMBURSEMENT FOR
EXPENSES
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
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 lntemal Revenue service in effect at ihe
time of such travel.
Any employee who is required to travel in the performance of his or her duties
or to attend an authorized meeting or conference which is of benefit to the city
shall be reimbursed for reasonable expenses incurred for transportation, meali
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 Veinon Traveland Meeting Expense Reimbursement Administrative poiicy. 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. e_mployees serving in specified classifications shall receive a monthly
automobile allowance as set forth below and incorporated herein by
reference; altematively, specified employees may opt to receive use of a Ciry_
owned vehicle and fuel.
c.
21
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 Otlicer #2 City Vehicle & Fuel
Police Captain City Vehicle & Fuel
Police Lieutenant City Vehicle & Fuel
Police Motor Officer #1 City Vehicle & Fuel
Police Motor Otticer #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 othenarise absent the entire
calendar month, unless otherwise specified by the City Administralor.
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,
*Finge benefits for the Director of Gas and Electric classirtcaion have histoically included and currently includ.e
use of a City-owned vehicle and fueL Accordingly, the current Director of Gas and Electric nlay continue to use a
City-owned vehicle and fuel in-lieu of receiving the M00 monthly automobik aLlowance. Once the cunent City-
owned vehicle is d.ue for replacement or the current incumbent leaves the position, whichever occurs first, the
Director of Gas and Electic classification ,,eill receive the $400 monthly automobile ollowance.
22
Section 12: HEALTH INSURANCE
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 ponion towards the purchase of dental,
vision, supplemental or ancillary plans otfered 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 pre-tax payroll deduction.
d. Effective January 1, 2015, employees enrolled in the PPO/HSA
medical plan, the City shall increase the amount by 970 and pay
up to $870 toward the monthly cost of the plan for employees
and their eligible dependents.
c.
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 long-term
health care benefit.
24
Section 13: DENTAL INSURANCE
The city of vernon provides a dental insurance plan to full-time employees. ln theevent an employee does not exceed his/her monttrly employer medicai alltwance, theemployee shall be allowed to apply any unused portion iowird the purchase of dentalinsurance for himself/herself and eligible dependents (spouse, registered domestic
. The cost of any plan selected by the employee
ployer medical allowance shall be paid by the
deducti, n.
25
Section 14: VISION INSURANCE
The City of Vernon provides a vision care plan to full-time 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 1O0o/" 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 COMPENSATION PLAN
Employees are eligible to participate in the City's Deferred Compensation Program.
28
Sqction 17: CALIFORNIA PUBLIC EMPLOYEE RETTREMENT SYSTEM (CALPEBS)
CONTBIBUTION
MISCELLANEOUS EMPLOYEES
A. The City shall maintain its contract with the Califomia Employees Public Retirement
System (PERS) that provides full-time employees hired before January 1, 201S with
2.7"/" at 55 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 PEPRA, shall be provided a Z.eo/o 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 benefhs to full-time employees
under CaIPERS as follows:
a. Gov't Code Section: 2OO4Z - (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 ComDensation
b. Gov't Code Section: 21024 - Military Service Credit as public
Service
c. ffxl,::ii"Tjll::l: 21624, 21626, 21628 - post Retirement
d. Gov't Code Section: 21548 - Pre-Retirement Option 2W
Death Benefit
d. Gov't Code Section: 21573 - Third Level of 1959 Survivor
Benefits
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 lntemal Revenue Code.
29
SAFETY 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 3.0% at 50 PEHS retirement benefit plan.
As a result of the recent passage of AB 340, Public Employee Pension Reform Act
(PEPBA), new CaIPERS safety members hired on or after January 1,20'13 who meet
the definition of new member under PEPRA, shall be provided a 2.77" 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 Compensation
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)
g. 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 permitted 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-time regular employees, who retire with a minimum of ten (10)
years of continuous unintenupted 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 otheruvise 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.
l. 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 ci\nrvide resolution for retireemedical benefits in effect at the time Council members retire.
32
Section 19: LONGEVIW PROGRAM
A. LONGEVITY PROGRAM FOR EMPLOYEES EMPLOYEDONOR 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 belore 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 fifteen ('15) 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/o) pet 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 (2O%) 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
33
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. LONGEVITY PROGRAM FOR EMPLOYEESON OR AFTERJULYl,
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 unintenupted
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 , 2013.
34
Section 20: BILINGUAL pAy
to receive an additional One Hundred
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 Depa(ment, 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 calpERS in accordance with
CCR 571(a) and as defined by GC 7522.O4(tl
36
Section 22: STAND-BY POUCY
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
attention 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-bf 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 retums home. lf work is performed remotely, the
employee shall receive hour for hour compensation at the applicable overtime
rate.
31
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.
t.
ln the event of a call back, the employee will wear his/her City uniform, if
applicable.
J6
PART II
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 Vemon shall receive compensation and costs in
accordance with the amounts set forth in the attached compensation plan.
Sceli@ 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 eamed. 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 otficers; persons appointed
by the City Council, including the City Administrator, and City Attomey; persons
appointed by the City Administrator, including department head or designees; and
persons appointed by the City Attomey 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 designaled in the plan as "non-classif ied." The
classification plan as of the date of adoption of this plan is hereby established as set
forth in Exhibit "A" which is attached 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
41
City of Vernon
Classification and Gompensation Plan
Effective February 2, 2016
1 ol2
E O01
E O01
$25,752
$25,752
$74,856
$78,600
$82,524
$86,652
$90,984
$86,652
$90,984
$95,544
$100,320
$105,336
$128,028
$134,436
$141,1214
$148,212
$155,616
$s8,644
$61,584
$64,656
$67,896
$71,280
$2,146
$2,146
$20,117
$24,4s3
$12,351
$12,968
$13,616
$14,297
$1 s,013
$1 16.0596
$141.0750
$71.2558
$74.8154
$78.ss38
$82.4827
$86.6135
$990.46
$990.46
$9,284.77
$1 1,286.00
$5,700.46
$5,98s.23
$6,284.31
$6,598.62
$6,929.08
1010 City Administrator
1 015 Deputy City Administrator
Step 1
Step 2
Step 3
Step 4
Step 5
1 625 lnformation Technology Analyst
Step 1
Step 2
Step 3
Step 4
Step 5
1620 lnformalion Technology Analyst, Senior
Step 1
Step 2
Step 3
Step 4
Step 5
161 0 lnlormation Technology Manager
Step 1
Step 2
Step 3
Step 4
Step 5
1ffio Information Technology Technician
Step 1
Step 2
Step 3
Step 4
Step 5
Min
Max
E50
$241 ,404
$293,436
M40
$148,212
$155,616
$163,392
$171 ,564
$180,156
NE c26
$6,238
$6,ss0
$6,877
$7,221
$7,582
$7,221
$7,582
$7,962
$8,360
$8,778
$10,669
$1 1,203
$1 1,762
$12,351
$12,968
$4,887
$5,132
$5,388
$5,6s8
$5,940
$35.9885
$37.788s
$39.6750
$41.6596
$43.7423
$41.6596
$43.7423
$45.9346
$48.2308
$s0.6423
$61 .5519
$il.6327
$67.8577
$71 .25s8
$74.81s4
$28.1942
$29.6077
$31.0846
$32.6423
$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
$4,924.15
$5,170.62
$5,428.62
$5,700.46
$5,985.23
$2,255.54
$2,368.62
$2,486.77
$2,61 1.38
$2,741.54
NE
Occupational Job Families and Job Classes
Gity of Vernon
Classification and Compensation Plan
Effective February 2, 2016
2o122
1 1 10 City Attorney
1 1 '15 Deputy City Attorney
1525 Legal Secrelary
1310 City Clerk
1315 Deputy City Clerk
1320 Records Management Assistant
Step 1
Step 2
Step 3
Step 4
Step 5
$90,984
$9s,544
$100,320
$105,336
$1 10,592
$208,5s6
$2s5,780
$134,436
$141,144
$148,212
$155,616
$163,392
$58,644
$61,584
$64,656
$67,896
$71,280
$134,436
$163,392
$74,856
$78,600
$82,524
$86,652
$90,984
$5s,860
$s8,644
$61,584
$64,656
$67,896
$69,840
$7,582
$7,962
$8,360
$8,778
$9,216
$17,378
$21 ,31s
$1 1,203
$11,762
$12,351
$12,968
$13,61 6
$4,887
$5,132
$5,388
$5,6s8
$5,940
$1 1,203
$13,616
$6,238
$6,550
$6,8r/
$7,221
$7,582
$4,655
$4,887
$5,132
$s,388
$5,658
$5,820
$43.7423
$4s.9346
$48.2308
$s0.6,423
$s3.1692
$3,499.38
$3,674.77
$3,858.46
$4,051 .38
$4,253.s4
E47
Min
Max
$100.2577
$122.9712
$64.6327
$67.8s77
$71 .2s58
$74.8154
$78.5538
$28.1942
$29.6077
$31.0846
$32.6423
$u.2692
$8,020.62
$9,837.69
$5,170.62
$5,428.62
$5,700.46
$5,985.23
$6,284.31
$2,2s5.54
$2,368.62
$2,486.77
$2,61 1.38
$2,741.54
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 1
Step 2
Step 3
Step 4
Step 5
Y1
c21
E38
Min
Max
$64.6327
$78.5s38
$35.9885
$37.7885
$39.6750
$41.6596
M3.7423
$26.8558
$28.1942
$29.6077
$31.0846
$32.6/.23
$33.5769
$s,170.62
$6,284.31
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,499.38
$2,148.46
$2,255.54
$2,368.62
$2,486.77
$2,61 1.38
$2,686.1s
NE c26
Occupational Job Families and Job Classes
NE C2O
City of Vernon
Classification and Compensation Plan
Effective February 2, 2016
3o122
1505 Administrative Aide (part-time hourly)
Step 1
1 530 Administrative Assistant
SteP 1
Step 2
Step 3
SteP 4
Step 5
1530 Adminiskative Assistant, (Conlidential)
Step 1
Step 2
Step 3
Step 4
Step 5
1520 Adminiskative Assistant, Senior
Step 1
Step 2
Step 3
Step 4
Step 5
Y1
1520 Administrative Assistant, Senior (Confidential
Step I
Step 2
Step 3
Step 4
Step 5
1510 Administrative Secretary
Step I
Step 2
Step 3
Step 4
Step 5
Grandfathered - G1
G randfathered - G2
G randfathered - G3
1500 Executive Assistant to the City Administrator
Step 1
Step 2
Step 3
NE c5
G13
NE cl3
G17
c17
$39,696
$41 ,688
$43,764
$45,960
$48,252
$39,696
$41,688
$43,764
$45,960
$48,252
$48,252
$50,652
$53,208
$55,860
$58,644
$59,484
$48,252
$s0,6s2
$53,208
$55,860
$58,644
$55,860
$s8,644
$61,s84
$64,6s6
$67,896
$66,216
$69,864
$73,704
$67,896
$71,280
$74,856
$3,308
$3,474
$3,647
$3,830
$4,021
$3,308
$3,474
$3,647
$3,830
$4,021
$4,021
$4,22'l
$4,4u
$4,6s5
$4,887
$4,957
$4,021
$4,221
$4,434
$4,655
$4,887
$4,65s
$4,887
$s,132
$s,388
$5,658
$s,518
$5,822
$6,142
$s,658
$5,940
$6,238
$40.0000
$19.0846
$20.0423
$21.0404
$22.0962
$23.1981
$19.0846
$20.042s
$21.0404
$22.0962
$23.1981
$23.1981
$24.3519
$25.5808
$26.8558
$28.1942
$28.s981
$23.1981
$24.3s1 I
$25.s808
$26.8558
$28.1942
$26.8558
$28.1942
$29.6077
$31.0846
$32.6423
$31.8346
$3s.s88s
$35.4346
$32.6423
$34-2692
$35.9885
$-t ,526.77
$1 ,603.38
$1,683.23
$1 ,767.69
$1,855.85
$1,s26.77
$1,603.38
$1,683.23
$1,767.69
$1,855.85
$1,855.85
$1,948.15
$2,046.46
$2,148.46
$2,255.54
$2,287.8s
$1,855.85
$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
$2,834.77
$2,611.38
$2,741.54
$2,879.08
NE
City of Vernon
Classification and Compensation plan
Effective February 2, 201 6
$37.7885
$39.6750
4o122
$3,023.08
$3,174.00
1247 Account 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
$4,021
$4,221
$4,221
$4,434
$4,655
$4,887
$s,132
$5,132
$s,388
$5,658
$5,940
$6,238
$6,238
$6,s50
$6,877
$7,221
$7,582
$10,161
$10,669
$11,203
$11,762
$12,3s1
$3,830
$4,021
$4,221
$4,434
$4,655
$20.0423
$21.0404
$22.0962
$23.r 981
$24.3s19
$24.3s19
$25.5808
$26.8s58
$28.1942
$29.6077
$29.6077
$31.0846
$32.6/.23
$34.2692
$35.9885
$35.9885
$37.7885
$39.6750
$41.6596
$43.7423
$58.6212
$61 .5s19
$64.6327
$67.8577
$71.2558
$22.0962
$23.1981
$24.3519
$25.5808
$26.8s58
$1,603.38
$1,683.23
$1,767.69
$1,8ss.8s
$1,948.15
$1 ,948.15
$2,046.46
$2,148.46
$2,25s.54
$2,368.62
$2,368.62
$2,486.77
$2,61 1.38
$2,741.54
$2,879.08
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,499.38
$4,689.69
$4,924.1s
$5,170.62
$5,428.62
$5,700_46
$1 ,767.69
$1,855.8s
$1 ,948.15
$2,046.46
$2,148.46
NE
G14
$41,688
$43,764
$4s,960
$48,252
$s0,652
G18
$50,652
$s3,208
$55,860
$58,644
$61,584
c22
$61,584
$64,656
$67,896
$71,280
$74,856
c26
$74,856
$78,600
$82,524
$86,652
$s0,984
M36
$121,932
$128,028
$134,436
$141j44
$148,212
G16
$4s,960
$48,252
$50,652
$53,208
$s5,860
M34
NE
1225 Deputy City Treasurer
$82,524 $6,877
Gity of Vernon
Classification and Compensation Plan
Effective February 2, 2O1 6
5ot22
1210 Director of Finance/City Treasurer
1245 Payroll Specialist
1248 Public Housing Property Coordinator
1235 Purchasing Assistant
50.15 Assistant Fire Chief
5033 Assistant Fire Marshal
Step 1
Step 2
Step 3
Step 4
Step 5
Min
Max
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
Step 1
Step 2
Step 3
Slep 4
Step 5
NE c19
NE cl6
$1 10,s92
$1 16,124
$121 ,932
$128,028
$134,436
$155,616
$189,156
$210,000
$53,208
$55,860
$58,644
$61,584
$64,656
$4s,960
$48,252
$s0,652
$s3,208
$55,860
$5s,860
$58,644
$61,584
$il,6s6
$67,896
$9,216
$9,677
$10,161
$10,669
$1 1,203
$12,968
$1s,763
$17,500
$4,434
$4,6s5
$4,887
$5,132
$5,388
$3,830
$4,021
$4,221
$4,434
$4,655
$4,655
$4,887
$5,132
$s,388
$5,658
$53.1692
$55.8288
$58.6212
$61 .5s19
$64.6327
$74.8154
$90.9404
$100.9615
$25.5808
$26.8558
$28.1942
$29.6077
$31.0846
$22.0962
$23.1981
$24.3519
$25.5808
$26.8558
$26.8s58
$28.1942
$29.6077
$s1.0846
$32.6423
,253.54
$4,466.31
$4,689.69
$4,924.15
$5,170.62
$5,98s.23
$7,27s.23
$8,076.92
$2,046.46
$2,148.46
$2,255.54
$2,368.62
$2,486.77
$1,767.69
$1,855.8s
$1 ,948.15
$2,046.46
$2,148.46
$2,148.46
$2,255.54
$2,368.62
$2,486.77
$2,61 1.38
$5,985.23
$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
NE
FM41
$155,616
$163,392
$171 ,s64
$180,1s6
$189,156
M29
$86,652
$90,984
$95,5,114
$100,320
$10s,336
FM38
$12,968
$1 3,616
$14,297
$15,013
$1s,763
$7,221
$7,582
$7,962
$8,360
$8,778
$74.8154
$78.ss38
$82.4827
$86.6135
$90.9404
$ 41.6s96
$ 43.7423
$ 45.9346
$ 48.2308
$ 50.6423
5025 Fire Battalion Chief (P)NE
Occupational Job Families and Job Classes
City of Vernon
Classification and Compensation plan
Effective February 2, 2016
$1 1,203
$11 ,762
$12,351
$12,968
$13,616
$46.1662
$48.4698
$50.8970
$s3.4396
$56.1099
6o122
170.62
$s,428.62
$s,700.46
$5,98s.23
$6,284.31
Step I
Step 2
Step 3
Step 4
Step 5
$134,436
$141,144
$148,212
$155,616
$163,392
FA38
$134,436
$141,144
$148,212
$155,616
$163,392
F31
$9s,544
$100,320
$10s,336
$1 10,592
$1 16,124
FA31
$9s,544
$100,320
$105,336
$1 10,592
$1 16,124
E45
9189,156
$229,908
G25
$71,280
$74,856
$78,600
$82,524
$86,6s2
F28
$82,524
$86,652
$90,984
$95,544
$100,320
FA28
$82,524
5025 Fire Batralion Chief (A)
5030 Fire Captain (p)
5030 Fire Captain (A)
5010 Fire Chief
5050 Fire Code lnspector
5040 Fire Engineer (P)
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
$1 1,203
$11,762
$12,351
$12,968
$13,616
$7,962
$8,360
$8,28
$9,216
$9,677
$7,962
$8,360
$8,778
$9,216
$9,677
$15,763
$1 9,159
$5,940
$6,238
$6,5s0
$6,877
$7,221
$6,82
$7,221
$7,582
$7,962
$8,360
$6,877
$64.6327
$67.8577
$71.25s8
$74.8154
$78.s538
$32.8104
$34.4505
$36.1731
$37.9780
$39.8777
$45.9346
$48.2308
$s0.6423
$53.1692
$55.8288
$90.9404
$1 10.s327
$34.2692
$35.9885
$37.788s
$39.67s0
$41.6596
$28.3393
$29.7s69
$31.244s
$32.8104
$34.450s
$39.6750
$5,170.62
$5,428.62
$5,700.46
$5,98s.23
$6,284.31
$3,674.77
$3,858.46
$4,0s1.38
$4,253.54
$4,466.31
$3,674.77
$3,858.46
$4,0s1.38
$4,2s3.54
$4,466.31
$7,275.23
$8,842.62
$2,7 41 .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
NE
Min
Max
NE
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
5040 Fire Engineer (A)
Occupational Job Families and Job Classes
City of Vernon
Classification and Compensation PIan
Effective February 2, 2016
7o122
5020 Fire Marshal
5060 Firefighter (P)
5060 Firelighter (A)
5045 Firefighter/Paramedic (P)
5045 Firef ighter/Paramedic (A)
5035 Firef ighter/Paramedic Coordinator (P)
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
Step .l
$7,221
$7,s82
$7,962
$8,360
$8,778
$9,216
$9,677
$10,161
$10,669
$5,940
$6,238
$6,550
$6,877
$7,221
$5,940
$6,238
$6,550
$6,877
$7,221
$6,877
$7,221
$7,582
$7,962
$8,360
$6,877
$7,221
$7,582
$7,962
$8,360
$7,221
$7,582
$7,962
$8,360
$8,778
$7,221
$41.6596
$43.7423
$45.9346
$48.2308
$50.&23
$53.1692
$s5.8288
$s8.6212
$61 .5519
$24.4780
$25.7060
$26.9918
$28.3393
$29.7569
$34.2692
$35.988s
$37.788s
$39.6750
M1.6596
$28.3393
$29.7569
$31 .244s
$32.8104
$34.4505
$39.6750
$41.6596
$43.7423
$45.9346
$48.2308
$29.7569
$31.2445
$32.8104
$34.4505
$36.1731
$41.6s96
$3,332-77
$3,499.38
$3,674.77
$3,8s8.46
$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
$2,7 41.54
$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
NE
NE
$86,6s2
$90,984
$9s,544
$100,320
FM33
$105,336
$1 10,592
$1 16,124
$121 ,932
$128,028
F25
$71,280
$74,8s6
$78,600
$82,524
$86,652
FA25
$71,280
$74,8s6
$78,600
$82,524
$86,652
F28
$82,524
$86,6s2
$90,984
$95,544
$100,320
FA28
$82,524
$86,652
$90,984
$95,544
$100,320
F29
$86,652
$90,984
$9s,s44
$1 00,320
$105,336
Fp.29
$86,6s2
5035 Firefighter/Paramedic Coordinator (A)
Occupational Job Families and Job Classes
City of Vernon
Classification and Compensation plan
Effective February 2, 2016
$90,984
$9s,544
$100,320
$105,336
$95,s44
$100,320
$105,336
$1 10,592
$1 1 6,124
$78,600
$82,524
$86,6s2
$90,984
$95,544
$116,124
$121,932
$128,028
$134,436
$141,144
$48,252
$50,652
$53,208
$55,860
$58,644
$74,8s6
$78,600
$82,524
$86,6s2
$90,984
$43.7423
$45.9346
$48.2s08
$50.6423
8o122
$3,499.38
$3,674.77
$3,858.46
$4,051.38
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
$7,582
$7,962
$8,360
$8,778
$7,962
$8,360
$8,778
$9,216
$9,677
$6,s50
$6,82
$7,221
$7,582
$7,962
$9,677
$10,161
$10,669
$1 1,203
$1 1,762
$4,021
$4,221
$4,4u
$4,6s5
$4,887
$6,238
$6,5s0
$6,877
$7 ,221
$7,582
$45.9346
$48.2308
$50.6423
$s3.1692
$55.8288
$3,674.77
$3,858.46
$4,051.38
$4,253.s4
$4,466.31
8610 Utilities Compliance Manager
8510 Utilities Customer Service Supervisor
$37.7885
$39.67s0
$41 .6596
$43.7423
$45.9346
$55.8288
$s8.6212
$61 .5519
$64.6327
$67.8577
$3,023.08
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$4,466.31
$4,689.69
$4,924.15
$s,170.62
$5,428.62
G17
Step 1
Step 2
Step 3
Step 4
Step 5
Step 'l
Step 2
Step 3
Step 4
Step 5
$23.1981
$24.3s19
$25.5808
$26.85s8
$28.1942
$3s.9885
$37.788s
$39.67s0
$41.6596
$43.7423
$1,855.85
$1,948.15
$2,046.46
$2,148.46
$2,2s5.54
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,499.38
$1 16,124
$121 ,932
$9,677
$10,161
$s5.8288 $4,466.31
$58.6212 $4,689.69
Occupational Job Farnilies and Job Classes
86'15 Utilities Compliance Analyst ttg CZZ
8040 Electric Operations Supervrsor E Ml35
Step 1
Step 2
8710 Business and Account Supervisor
City of Vernon 9o122
Classification and Compensation Plan
Effective February 2, 2016
8035 Eleciric Operator
8053 Electrical Test Technician, Senior
8050 Metering Technician
8045 Power Plant Operator
8055 Eleclrical 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 'l
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
$95,52t4
$100,320
$105,336
$1 10,592
$95,544
$100,320
$105,336
$1 10,592
$116,124
$86,6s2
$90,984
$9s,544
$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
$8,778
$9,216
$9,677
$7,221
$7,582
$7,962
$8,360
$8,778
$61.5519
$64.6327
$67 .8577
$43.7423
$45.9346
$48.2308
$50.6423
$53.1692
$45.9346
$48.2308
$50.6423
$s3.1692
$55.8288
$41.6s96
$43.7423
$45.9346
$48.2308
$50.6423
$4,924.15
$5,170.62
$5,428.62
$3,499.38
$3,674.77
$3,858.46
$4,0s1.38
$4,2s3.54
$3,674.77
$3,858.46
$4,051.38
$4,253.54
$4,466.31
$3,332.77
$3,499.38
$3,674.77
$3,858.46
$4,0s1.38
NE
131
128
NE
$82,524
$86,652
$90,984
$95,s44
$1 00,320
$86,6s2
$90,984
$95,5214
$100,320
$105,336
$10s,336
$1 10,592
$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
$10,1 61
$10,669
$39.6750
$41.6s96
$43.7423
$45.9346
$48.2308
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$3,858.46
$41.6596
$43.7423
$45.9346
$48.2308
$50.6423
$50.6423
$53.1692
$s5.8288
$58.6212
$61.5519
$3,332.77
$3,499.38
$3,674.77
$3,8s8.46
$4,051.38
$4,051.38
$4,253.s4
$4,466.31
$4,689.69
$4,924.1s
8030 UtilitiesDispatcher
City of Vernon
Classification and Compensation plan
Effective February 2, 2016
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
$1 10,592
$116,124
$121,932
$128,028
$134,436
$134,436
$141,144
$148,212
$1 5s,616
$163,392
$86,652
$90,984
$95,5214
$100,320
$105,336
$55,860
$58,644
$61,584
$64,656
$67,896
$70,860
$95,544
$100,320
$105,336
$1 10,592
$116,124
$10s,336
$1 10,592
$1 16,124
$121,932
$128,028
$148,212
$155,616
$163,392
$9,216
$9,677
$10,161
$10,669
$1 1,203
$1 1,203
$1 1,762
$12,351
$12,968
$13,616
$s3.1692
$55.8288
$58.6212
$61.5519
$64.6327
$64.6327
$67.8577
$71.25s8
$74.8154
$78.s538
10 ol 22
$4,2s3.s4
$4,466.31
$4,689.69
$4,924.',t5
$5,170.62
$5,170.62
$s,428.62
$5,700.46
$5,985.23
$6,284.31
8015 Utilities Operations Manager
8140 Computer Aided Drafting Technician
8125 Electrical Engineer
81 l5 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
$7,221
$7,582
$7,962
$8,360
$8,778
$4,655
$4,887
$5,132
$s,388
$5,658
$5,905
$7,962
$8,360
$8,r/8
$9,216
$9,677
$8,778
$9,216
$9,677
$10,161
$10,669
$12,3s1
$12,968
$13,616
$41.6596
$43.7423
$45.9346
$48.2308
$50.642s
$26.8558
$28.1942
$29.6077
$31.0846
$32.&.23
$34.0673
$45.9346
$48.2308
$50.6423
$53.1692
$5s.8288
$s0.6423
$53.1692
$s5.8288
$58.6212
$61 .5519
$71 .2558
$74.8154
$78.5538
$3,332.77
$3,499.38
$3,674.77
$3,8s8.46
$4,051.38
$2,148.46
$2,25s.54
$2,368.62
$2,486.77
$2,61 1.38
$2,725.38
$3,674.77
$3,8s8.46
$4,051.38
$4,2s3.54
$4,466.31
$4,051.38
$4,253.s4
$4,466.3'l
$4,689.69
$4,924.15
$s,700.46
$5,985.23
$6,284.3'1
G20
8l 10 Utilities Engineering Manager M40
8130 Associate Electrical Engineer NE l4g
NE I31
NE M33
City of Vernon
Classification and Compensation Plan
Effective February 2, 2016
11 ot 22
Step 4
Step 5
$171,564 $14,297
$180,156 $15,013
4827 S6,598.62
$86.6135 $6,929.08
8215 Gas Systems Specialisl 130
8210 Gas Systems Superintendent
8220 Gas Systems Technician
8435 Assistant Resource Scheduler
Step 1
Step 2
Step 3
SteP 4
Step 5
8430 Associate Besource Scheduler
Step 1
Step 2
Step 3
Step 4
Step 5
8410 Electric Resources Planning & Dev. Mngr
Step 1
Step 2
Step 3
Slep 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
YCl
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
$90,984
$95,544
$100,320
$105,336
$1 10,592
$111,300
$1 10,s92
$1 16, 124
$121,932
$128,028
$134,436
$74,8s6
$78,600
$82,524
$86,652
$90,984
$82,524
$86,652
$90,984
$95,5214
$100,320
$90,984
$95,544
$100,320
$10s,336
$1 10,592
$155,616
$163,392
$171 ,564
$180,156
$189,156
$7,s82
$7,962
$8,360
$8,778
$9,216
$9,275
$9,216
$9,677
$10,161
$10,669
$1 1,203
$6,238
$6,550
$6,877
$7,221
$7,582
$43.7423
$45.9346
$48.2308
$50.6423
$s3.1692
$53.5096
$53.1692
$5s.8288
$58.6212
$61 .5519
$u.6327
$35.988s
$37.7885
$39.6750
$41 .6s96
$43.7423
$3,499.38
$3,674.77
$3,858.46
$4,051.38
$4,253.54
$4,28O.77
$4,253.54
$4,466.31
$4,689.69
$4,924.15
$s,170.62
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,499.38
126
128
$6,877
$7,221
$7,582
$7,962
$8,360
$7,582
$7,962
$8,360
$8,778
$9,216
$12,968
$1 3,616
$14,297
$1s,013
$1s,763
$39.6750
$41.6596
$43.7423
$45.9346
$48.2308
M3.7423
$45.9346
$48.2308
$50.6423
$53.1692
$74.8154
$78.5538
$82.4827
$86.613s
$90.9404
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$3,858.46
$3,499.38
$3,674.77
$3,8s8.46
$4,0s1.38
$4,253.54
$5,985.23
$6,284.31
$6,598.62
$6,929.08
$7,275.23
M41
Occupational Job Families and Job Classes
M34
City of Vernon
Classification and Compensation Plan
Effective February 2, 2016
12 ol 22
8425 Electric Service Planner
8415 Resource Planner
8420 Besource Scheduler
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 G26
$74,856
$78,600
$82,524
$86,652
$90,984
$1 16,124
$121,932
$128,028
$134,436
$141,144
$100,320
$105,336
$1 10,592
$1 16,124
$121,932
$82,404
$78,108
$74,040
$70,176
$66,s28
$63,060
$59,772
$56,652
$1 1 1,300
$105,504
$99,996
$94,788
$89,844
$85,152
$80,712
$76,s12
$1 16,124
$121,932
$6,238
$6,550
$6,877
$7,221
$7,s82
$9,677
$10,161
$10,669
$1 1,203
$11,762
$8,s60
$8,778
$9,216
$9,677
$1 0,161
$35.9885
$37.7885
$39.6750
$41.6596
$43.7423
$55.8288
$s8.6212
$61.5s19
$u.6327
$67.8577
$48.2308
$50.&23
$53.1692
$s5.8288
$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
$4,253.54
$4,466.31
$4,689.69
132
6315 I elecommunications Specialist NE
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step I
8310 Telecommunications Systems Engineer NE
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 1
Step 2
$6,867
$6,509
$6,170
$5,848
$5,544
$5,25s
$4,981
$4,721
$9,275
$8,792
$8,333
$7,899
$7 ,487
$7,096
$6,726
$6,376
$39.6173
$37.5s19
$35.5962
$33.7385
$31.9846
$30.3173
$28.7365
$27.2365
$53.5096
$50.7231
$48.0750
$45.5712
943.1542
$40.9385
$38.8038
$36.7846
$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
$3,645.69
$3,45s.54
$3,275.08
$3,104.31
$2,942.77
$9,677
$10,161
$ss.8288 $4,466.31
$s8.6212 $4,689.69
Deputy Dir. of Health & Environmental Cont(M35
Occupational Job Families and Job Classes
13 ol22City of Vernon
Classification and Compensation PIan
Effective February 2, 2016
Step 3
Step 4
Step 5
2010 Director of Health and Environmental Control E
Min
Max
$128,028
$134,436
$141,1M
$171 ,564
$208,536
$67,896
$71,280
$74,856
$78,600
$82,524
$82,524
$86,652
$90,984
$95,544
$100,320
$95,916
$101 ,196
$106,764
$112,632
$74,856
$78,600
$82,524
$86,6s2
$90,984
$100,320
$105,336
$1 10,s92
$1 16,124
$121 ,932
$10,669
$1 1,203
$11,762
$14,297
$17,378
$5,658
$5,940
$6,238
$6,5s0
$6,877
$6,877
$7,221
$7,582
$7,962
$8,360
$7,993
$8,433
$8,897
$9,386
.5519
$64.6327
$67.8577
$4,924.15
$5,170.62
$5,428.62
$82.4827 $6,598.62
$100.2577 $8,020.62
2030 Environmental SPecialist
2025 Environmental Specialist, Senior
Grandfathered - Hired before July 1, 2014
Grandfathered ' Hied before July 1, 2014
Grandfathered - Hired before July 1, 2014
Grandfathered - Hired before July 1, 2014
1420 Human Resources AnalYSt
NE
Step 1
Step 2
Step 3
Step 4
Step 5
NE
Step 1
Step 2
Step 3
Step 4
Step 5
G1
G2
G3
G4
E43
G28
c26
$32.6/.23
$34.2692
$35.9885
$37.788s
$39.6750
$39.6750
$41.6596
$43.7423
$45.9346
$48.2308
$46.1 135
$48.6519
$51.3288
$54.1500
$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
$3,858.46
$3,689.08
$3,892.15
$4,106.31
$4,332.00
Min
Max
Y1
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
$148,212 $12,351 $71 .2s58 $5'700.46
$180,156 $15,013 $86.6135 $6,929.08
$196,000 $16,333.34 $94.2308 $7,538'46
$6,238
$6,5s0
$6,877
$7,221
$7,582
$8,360
$8,778
$9,216
$9,677
$10,161
$35.988s
$37.7885
$39.6750
M1.6596
$43.7423
$48.2308
$s0.6423
$53.1692
$s5.8288
$58.6212
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,499.38
$3,858.46
$4,051.38
$4,253.54
$4,466.31
$4,689.69
14 10 Director of Human Resources
1415 Human Resources Analyst, Senior
Occupational Job Families and Job Classes
14 ol22City of Vernon
Classification and Compensation Plan
Effective February 2, 2016
.1425 Human Resources Assistant
1020 Economic Development Manager
4015 Police Captain
4010 Police Chiel
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 6
Step 7
Step I
Step 1
Step 2
Step 3
Step 4
Step 5
Step 'l
Step 2
$48,252
$s0,652
$s3,208
$55,860
$58,644
$38,124
$36,144
$34,260
$32,472
$30,780
$29,172
$27,660
$26,208
$141,144
$148,212
$155,616
$163,392
$171 ,564
$198,612
$241 ,404
$121,932
$128,028
$4,021
$4,221
$4,434
$4,655
$4,887
$10,161
$10,669
$23.1981
$24.3519
$25.s808
$26.8558
$28.1942
$1,85s.85
$1,948.15
$2,046.46
$2,148.46
$2,255.s4
M36
3180
E46
$18.3288
$17.3769
$16.4712
$15.61 1s
$14.7981
$14.0250
$13.2981
$12.6000
$67.8577
$71.25s8
$74.8154
$78.5538
$82.4827
$1,466.31
$1 ,390.15
$1 ,317.69
$1,248.92
$1,183.85
$1,122.00
$1,063.85
$1,008.00
$5,428.62
$5,700.46
$5,985.23
$6,284.31
$6,s98.62
$141,144
$148,212
$155,616
$163,392
$171 ,s64
$121 ,932
$128,028
$134,436
$141,144
$148,212
$1 1,762
$12,351
$12,968
$13,616
$14,297
$10,161
$10,669
$1 1,203
$1 1,762
$12,351
$3,177
$3,012
$2,855
$2,706
$2,s65
$2,431
$2,30s
$2,184
$1 1,762
$12,351
$12,968
$13,616
$14,297
$67.8577
$71.2s58
$74.8154
$78.5538
s82.4827
$58.6212
$61 .5519
$u.6327
$67.8577
$71.2558
$5,428.62
$5,700.46
$5,985.23
$6,284.31
$6,598.62
$4,689.69
$4,924.15
$5,170.62
$5,428.62
$5,700.46
Min
Max
$16,551 $9s.4865 $7,638.92
$20,117 $1 16.0596 $9,2e4.77
$58.6212 $4,689.69
$61 .5519 $4,924.1s
3010 lndustrial Development Director
4035 Police Cadet
4020 Police Lieutenant NE PM36
City of Vernon
Classification and Compensation Plan
Effective February 2, 2016
34,436
4030 Police Officer
4025 Police Sergeant
4125 Civilian Court Officer
4123 Police Community Services Officer
4130 Police Dispatcher
Step 3
Step 4
Step 5
Step 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 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 PO25
NE PO3O
Gl7
G]6
$141,144
$148,212
$71,280
$74,856
$78,600
$82,524
$86,652
$83,784
$88,404
$93,252
$90,984
$95,544
$100,320
$105,336
$1 10,592
$102,012
$107,616
$1 13,5214
$1 1,203
$1 1,762
$12,3s1
$5,940
$6,238
$6,5s0
$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
$s.6327
$67 .8577
$71.2558
$u.2692
$35.9885
$37.7885
$39.6750
$41.6596
$40.2808
$42.5019
w4.8327
$43.7423
$45.9346
$48.2308
$50.6423
$53.1692
$49.0442
$51.7385
$54.5885
$23.1981
$24.3519
$25.5808
$26.8558
$28.1942
$22.0962
$23.1981
$24.3519
$25.5808
$26.8558
$24.3519
$25.5808
$26.8558
$28.1942
$29.6077
15 ol22
$5,170.62
$5,428.62
$s,700.46
$2,741.54
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,222.46
$3,400.15
$3,s86.62
$3,499.38
$3,674.77
$3,858.46
$4,0s1.38
$4,253.54
$3,923.54
$4,139.08
$4,367.08
$1,85s.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
$2,25s.s4
$2,368.62
$48,252
$50,652
$53,208
$s5,860
$58,644
$45,960
$48,252
$s0,6s2
$s3,208
$5s,860
$50,652
$53,208
$55,860
$58,644
$61,s84
$4,021
$4,221
$4,4u
$4,655
$4,887
$3,8s0
$4,021
$4,221
$4,434
$4,6s5
$4,221
$4,434
$4,655
$4,887
$5,132
41 15 Police Dispatcher, Lead NE
G18
occupational Job Families and Job classes
City of Vernon
Classification and Compensation Plan
Effective February 2, 2O1 6
4 l 10 Police Records Manager
4135 Police Records Technician
4120 Police Records Technician, Lead
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
NE G14
G16
$5s,860
$s8,644
$61,584
$64,6s6
$67,896
$78,600
$82,524
$86,652
$90,984
$95,5214
$41,688
$43,764
$45,960
$48,252
$50,652
$51,540
$45,960
$48,252
$50,652
$5s,208
$55,860
$4,6ss
$4,e87
$5,132
$5,388
$s,658
$6,550
$6,877
$7,221
$7,582
$7,962
$3,474
$3,647
$3,830
$4,021
$4,221
$4,29s
$3,830
$4,021
$4,221
$4,4U
$4,655
$26.8s58
$28.1942
$29.6077
$31.0846
$32.6423
$37.7885
$39.6750
$41.6596
$43.7423
$45.9346
$20.0423
$21.0404
$22.0962
$23.1981
$24.3s19
$24.7788
$22.0962
$23.1981
$24.3519
$25.5808
$26.8558
$64.6327
$67.8577
$71.2558
$74.8154
$78.5s38
$95.4865
$1 16.0596
$2,148.46
$2,25s.s4
$2,368.62
$2,486.77
$2,61 1.38
$3,023.08
$3,174.00
$3,332.77
$s,499.38
$3,674.77
$1,603.38
$1,683.23
$1,767.69
$1,8s5.85
$1,948.15
$1,982.31
$1,767.69
$1,855.85
$1,948.1s
$2,046.46
$2,148.46
7015 Deputy Director ol PW, Water and Dev. Serv E
SteP 1
Step 2
Step 3
Step 4
Step 5
7010 Director of PW, Water and Development Ser E
Min
Max
Step 1
Step 2
Step 3
$134,436
$14'l,1214
$148,212
$155,616
$163,392
$198,612
$241,404
$71 ,280
$74,8s6
$78,600
$1 1,203
$1 1,762
$12,351
$12,968
$13,616
$16,5s1
$20,1 17
$5,170.62
$5,428.62
$5,700.46
$5,985.23
$6,284.31
$7,638.92
$9,284.77
$s,940
$6,238
$6,5s0
$34.26e2 $2,742
$35.9885 $2,879
$37.788s $3,023
Building lnspector
E46
City of Vernon
Classification and Compensation Plan
Effective February 2, 2016
17 ot 22
Step 4
Step 5
Step I
Step 2
Step 3
Step 4
Step 5
Y1
Slep 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 G27
NE G25
NE G-t7
G22
$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
$9s,s44
i48,252
$50,652
$53,208
$55,860
$58,644
$61,s84
$64,656
$67,896
$71 ,280
$74,856
$71,280
$74,856
$78,600
$82,524
$86,6s2
$78,600
$6,877
$7,221
$6,sso
$6,877
$7,221
$7,582
$7,962
$8,051
$5,940
$6,238
$6,550
$6,877
$7,221
$6,550
$6,877
$7 ,221
$7,s82
$7,962
$4,021
$4,221
$4,434
$4,655
$4,887
$s,132
$s,388
$s,6s8
$5,940
$6,238
$5,940
$6,238
$6,550
$6,877
$7,221
$6,5s0
$37.7885
$39.67s0
$41.6s96
$43.7423
$45.9346
$46.4481
$34.2692
$3s.988s
$37.7885
$39.6750
$41.6596
$37.7885
$39.6750
$41.6596
$43.7423
$45.9346
$23.1981
$24.3519
$25.5808
$26.8558
$28-1942
$29.6077
$31.0846
$32.6423
$u.2692
$3s.988s
$34.2692
$3s.9885
$37.788s
$39.6750
$41.6596
$37.7885
$3,023.08
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$3,715.85
$2,741 .54
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,023
$3,174
$3,333
$3,499
$3,67s
$1,855.85
$1 ,948.1s
$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
$39.6750 $3,174
$41.6596 $3,333
7215 Building lnspector, Senior
7 225 Elecltical I nspector
7213 Electrical lnspector, Senior
7250 Permit Technician
7220 Assistant Planner
7235 Plumbing and Mechanical lnspector
7213 Plumbing and Mechancial lnspector, Senior NE
Step I
G27
NE G27
NE G25
City of Vernon
Classification and Compensation Plan
Effective February 2, 2016
18 ot 22
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Slep 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
$86,652
$90,984
$9s,s44
$67,896
$71,280
$74,856
$78,600
$82,524
$82,s24
$86,652
$90,984
$95,544
$100,320
$100,320
$105,336
$1 10,592
$116,124
$121 ,932
$58,644
$61,584
$64,6s6
$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,s82
$7,962
$39.67s0 $3,174.00
$41.6596 $3,332.77
$43.7423 $3,499.38
$45.9346 $3.674.77
7140 Assistant Engineer
7135 Associate Engineer
71 l8 Civil Engineer
7'145 Engineering Aide
71 15 Principal Civil Engineer
G28
$5,6s8
$5,940
$6,238
$6,550
$6,877
$6,877
$7,221
$7,s82
$7,962
$8,360
$8,360
$8,778
$9,216
$9,677
$10,161
$4,887
$5,132
$5,388
$s,658
$5,940
$10,161
$10,669
$1 1,203
$1 1,762
$12,351
$7,582
$7,962
$8,360
$8,778
$9,216
$32.6/.23
$u.2692
$35.988s
$37.7885
$39.6750
$39.6750
$41.6596
$43.7423
$4s.9346
$48.2308
$48.2308
$50.6423
$53.1692
$s5.8288
$58.6212
$28.1942
$29.6077
$31.0846
$32.642s
$34.2692
$s8.6212
$61 .5519
$u.6327
$67.8577
$71.2s58
$43.7423
$45.9346
$48.2308
$50.6423
$53.1692
$2,61 1.38
$2,7 41 .s4
$2,879.08
$3,023.08
$3,174.00
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$3,858.46
$3,858.46
$4,051.38
$4,2s3.s4
$4,466.31
$4,689.69
$2,255.54
$2,368.62
$2,486.77
$2,61 1.38
$2,741.54
$4,689.69
$4,924.15
$s,170.62
$5,428.62
$5,700.46
$3,499.38
$3,674.77
$3,858.46
$4,051.38
$4,253.54
G21
7120 Project Engineer
City of Vernon
Classification and Compensation Plan
Effective February 2, 2016
19 ol 22
7125 Stormwater and Special Pro.iects Analyst
Step 'l
Step 2
Step 3
Step 4
Step 5
7720 Facilities MaintenanceWorker
G27
NE G16
G18
NE G19
$78,600
$82,524
$86,652
$90,984
$95,544
$45,960
$48,252
$50,6s2
$53,208
$ss,860
$61,584
$64,656
$67,896
$71,280
$74,8s6
$75,936
$50,652
$53,208
$ss,860
$58,644
s61,584
$53,208
$55,860
$58,644
$61,584
$64,656
$64,656
$67,896
$71,280
$74,8s6
$78,600
$6,550
$6,877
$7,221
$7,s82
$7,962
$3,830
$4,021
$4,221
$4,4U
$4,655
$5,132
$s,388
$s,658
$5,940
$6,238
$6,328
$4,221
$4,434
$4,655
$4,887
$5,132
$4,4U
$4,65s
$4,887
$s,132
$s,388
$5,388
$s,658
$s,940
$6,238
$6,550
$37.7885
$39.6750
$41.6s96
$43.7423
$45.9346
$3,023.08
$3,174.00
$3,332.77
$3,499.38
$3,674.77
7735 Facilities Maintenance Worker, Lead
7730 Facilities Maintenance Worker, Senior
Step 1
Step 2
Step 3
Step 4
Step 5
Mechanic
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
YC1
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
$22.0962
$23.1981
$24.3519
$2s.5808
$26.8558
$29.6077
$31.0846
$32.6/.23
$34.2652
$3s.9885
$36.s077
$24.3519
$25.s808
$26.8558
$28.1942
$29.6077
$1,767.69
$1,85s.85
$1,948.15
$2,046.46
$2,148.46
$2,368.62
$2,486.77
$2,61 1.38
$2,741.54
$2,879.08
$2,920.62
$1,948.15
$2,046.46
$2,148.46
$2,255-54
$2,368.62
$25.5808
$26.8s58
$28.1942
$29.6077
$31.0846
$31.0846
$32.6r'.23
$34.2692
$35.988s
$37.7885
$2,046.46
$2,148.46
$2,2s5.54
$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 NE G23
Occupational Job Families and Job Classes
City of Vernon
Classification and Compensation Plan
Effective February 2, 2016
NE G2.l
$58,644
$61,584
$64,656
$67,896
$71,280
$50,652
$s3,208
$s5,860
$58,644
$61,584
$55,860
$58,644
$61,584
$64,656
$67,896
$43,764
$45,960
$48,252
$50,652
$53,208
$50,652
$53,208
$55,860
$58,M4
$61,584
$45,960
$48,252
$50,652
$53,208
$55,860
$4,887
$s,132
$s,388
$5,658
$5,940
$4,221
$4,434
$4,65s
$4,887
$5,132
$4,655
$4,887
$5,132
$5,388
$5,658
$3,fl7
$3,830
$4,021
$4,221
$4,4U
$4,221
$4,434
$4,655
$4,887
$s,132
$3,830
$4,021
$4,221
$4,434
$4,6s5
$28.1942
$29.6077
$31.0846
$32.6423
$34.2692
20 ot 22
$2,2s5.54
$2,368.62
$2,486.77
$2,61 1.38
$2,7 41 .54
7525 Mechanic, Senior
Meter Reader
7820 Meter Reader, Lead
7430 Street Maintenance Worker
7425 Streel 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
G18
G15
NE G18
G16
$24.3519
$2s.s808
$26.85s8
$28.1942
$29.6077
$26.8558
$28.1942
$29.6077
$31.0846
$32.6423
$1,948.15
$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
$24.3519
$25.5808
$24.3519
$25.s808
$26.8s58
$28.1942
$29.6077
$1,683.23
$1,767.69
$1,8s5.8s
$1,948.1s
$2,046.46
$1 ,948.15
$2,046.46
$2,148.46
$2,255.s4
$2,368.62
$22.0962
$23.1981
$24.3519
$25.s808
$26.85s8
$1,767.69
$1,855.85
$1,948.15
$2,046.46
$2,148.46
7620 Warehouse Worker, Lead G21
City of Vernon
Classification and Compensation PIan
Effective February 2, 2016
21 ol 22
7625 Warehouse Worker, Senior
7330 Public Works Foreman
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
$s8,644
$61,s84
$6,4,656
$67,896
$71,280
$73,704
$50,652
$53,208
$5s,860
$58,644
$61,584
$74,856
$78,600
$82,524
$86,652
$90,984
$82,524
$86,652
$90,984
$95,s44
$100,320
$10s,336
$1 10,592
$1 16,124
$121,932
$128,028
$86,652
$90,984
$9s,s44
$100,320
$105,336
$86,652
$90,984
$95,544
$100,320
$4,887
$5,132
$5,388
$5,6s8
$5,940
$6,142
$4,221
$4,434
$4,655
$4,887
$s,132
.1942
$29.6077
$31.0846
$32.e.23
$34.2692
$ss.4346
$24.3519
$2s.s808
$26.8ss8
$28.1942
$29.6077
$2,255.54
$2,368.62
$2,486.77
$2,61 1.38
$2,7 41 .54
$2,834.77
$1,948.15
$2,046.46
$2,148.46
$2,255.54
$2,368.62
G18
M26
M28
NE G29
7320 Public Works and Water Foreman
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
Step 3
Step 4
$6,238
$6,550
$6,877
$7,221
$7,582
$6,877
$7,221
$7,582
$7,962
$8,360
$8,778
$9,216
$9,677
$10,161
$10,669
$7,221
$7,582
$7,962
$8,360
$8,778
$7,221
$7,582
$7,962
$8,360
$35.9885
$37.788s
$39.6750
$41.6s96
$43.7423
$39.67s0
$41.6596
$43.7423
$45.9346
$48.2308
$s0.6423
$53.1692
$55.8288
$58.6212
$61 .5519
$41.6596
$43.7 423
$45.9346
$48.2308
$50.6423
$41.6596
$43.7423
$45.9346
$48.2308
$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
$3,8s8.46
$4,0s1.38
$4,253.54
$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
$3,8s8.46
Occupational Job Families and Job Classes
City of Vernon
Classification and Compensation Plan
Effective February 2, 2O1 6
7325 Street and Water Crew Leader
7930 Water Maintenance Worker
7925 Wal Maintenance Worker. Senior
G24
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
Gl7
$67,896
$71,280
$74,856
$78,600
$82,524
$48,252
$50,6s2
$53,208
$55,860
$58,644
$61,s84
$64,656
$67,896
$71,280
$74,856
$5,658
$5,940
$6,238
$6,s50
$6,8r7
$32.6423
$34.2692
$35.9885
$37.788s
$39.67s0
$2,61 1.38
$2,7 41 .54
$2,879.08
$3,023.08
$3,174.00
NE
$4,o21
$4,221
$4,434
$4,655
$4,887
$5,132
$s,388
$5,658
$5,940
$6,238
$23.1981
$24.3519
$25.5808
$26.8s58
$28.1942
$29.6077
$31.0846
$32.6/.23
$34.2692
$35.9885
$1,8s5.85
$1,948.15
$2,046.46
$2,148.46
$2,25s.54
$2,s68.62
$2,486.77
$2,611.38
$2,741 .54
$2,879.08
REGEIVED
JAN 25 2016
CITY CLERKS OFFICE STAFF REPORT
PUBLIC WORKS, WATER AND DEVELOPMENT SERVI
RECEIVED
JAN 2 I 2016
CITY ADMTNISTRATION
A-6
DATE:
TO:
FROM:
RE:
February 2, 2016
Honorable Mayor and City Council q'
Scott B. Rigg, Public Works and Water Superintendent
Bid Award for Urban Forest Managernent Services, Contract No. CS-
0607
Recomrnendation
It is recommended that the City Council:
A. Find that entering into the proposed contract for Urban Forest Management Services is exempt
under the Califomia Environmental Quality Act (CEQA) in accordance with (a) CEQA
Guidelines Section 15061(b)(3), rhe general rule that CEQA only applies to projects that may
have an effect on the environment and (b) Section t5301, because the proposed service involves
an existing project with negligible or no expansion of use; and
B. Reject the bid of Trimming Land Company for the reasons set forth in this staff report.
C. Accept the bid fromWest Coast Arborists,Inc., and enter into the attached contract, in an amount
not to exceed $258,973.00 for Urban Forest Management SerYices, Contract No. CS-0607.
Backeround
On Seprcmber 8, 2015, the City Administrator authorized the advenisement ofthe Notice Inviting
Sealed Competitive Bids For Urban Forest Management Services, CS-0607. The Notice Inviting Bids was
posted on the Ciry's websire and published in the Vemon Sun newspaper. In addition, the Notice Inviting
Bids tru. advenised in the following construction related websites: Bid America, Planroom Bidboard,
McGraw-Hill Construction Dodge, and Reid Construction.
On November 17 , 2015, a pre-bid meeting was held to review the project specifications in detail.
The bids for Contract No. CS-0607, Urban Forest Management Services were received and opened on
December 3. 2015. The calculated results are listed below:
L Trimming Land Company
2. West Coast Arborists. Inc.
$233.7s5.00
$258,973.00
Staff perfbrmed an in-depth review of the received bids and tbund that Trimmrng Land Company,
Inc. failed to accurately tlisclose information under Section No. 6, "Bidding; Debarment; Contract
Performance"; speciltc to questions 6.8 and 6.9. Question 6 8 seeks to determine if the proposed
contractor had ever had a contract tenmnated, suspended, or non-renewed before its completion by a
go""nrrr,"n, entity. Question 6.9 seeks to determine if the proposed contractor was ever notified or
ia.,ri."a of poor,' sui-standard, deficient, or non-compliant work by a govemment entity. The City
obtained a iity of Commerce City Council Agenda Report, dated September 17, 2013, that notes their
intention to [erminate their agreement with Trimming Land Company based on unsatisfactory
performance. lt was derermined ihat it would be in the best interest ofthe City to reject Trimming Land
Company's bid and accept West Coast A$orists' bid submittal
The city Attomey's office has approved the contract to form. It is recommended that a contract
be awarded to West Coait Arborists, Ini., in a not to exceed amount of $258,973.00 for a three year
contract term.
Fiscd ImDact
The total project cost will be $258,973.00 for the duration of the three year contract term- Funds
have been allocated in the 2015-2016 fiscal year budget.
Attachments
l. Construction Contract-CS-0607
2. City of Commerce Agenda RePort
STANDARD FORM OF
CONSTRUCTION COI{TRACT BETWEEN
CITY OF VERNON AND WEST COAST ABBORISTTi' INC.
This Agreement is made and entered into at vemon, califomia this 2nd day of February, 2016, by and
between the clTY oF VERNON, a chartered municipal corporation (hereinafter "city") and wEsT COAST
ARBORTSTS, lNC., a Califomia corpoftrlion (hereinafter "contraclo/'), for URBAN FOREST MANAGEMENT
SERVICES.
THE PARTIES HERETO AGREE AS FOLLOWS:
1. CONTRACT DOCUMENTS
The Contract Documents" except for modifications issued after execution of this Agreement, shall consist of the
following documents which are either attached hereto as exhibits or are incorporated into this Agreement by this
reference, wtth the same force and effect as il set forth at length herein:
A. Govemmental Approvals including, but not lim ed to, permits required for the Work;
B. This Agreement; inclusive of Exhibit A (Genenl 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 the(eto, and pursuant to the Contract
Documenls, the Contractor shall perlorm and provide all necessary: labor; services; supervision; materials; tools;
equipment; apparatus; facilities; supplies; tools; permits, inspections, plan checks, and similar Govemmental
Approvals;temporary utilities; utility connections; and transportation necessaryto complete the Work in stnct conlormity
with the Contract Documents lor:
URBAN FOREST MANAGEMENT
SERVICES
cs-0607
3. TIME FOH PERFORMANCE
Contract Time. Contractor shall achieve Substanhal Completion of the Work within three (3) yearsfrom the
Date of Commencement in accordance $,ith the Contract Documents. Contractor shall achieve Final Completlon of
the work, within the tme established by the certificate ol substantial completron issued by the city. The contract
Time may only be adjusted as permitted by this construction contract and the General conditions.
Time is of the essence of this Agreemenl. Except when the Contract Documents state otherwise, lime is
of the essence in the performance ol tre Work. Contraclor acknowledges that the time limits and deadlines set forth
in the Contract DoqJments are reasonable for Contraclor to perform and complete the Work.
Liquidated Damages. lf Contractor fails to achieve Substantial Completion of the entire Work within the
Contract Time for Substantial Completion, Contractor shall pay City as liquidated damaqes the amount of FIVE
HUNDRED DOLLARS PEH DAY ($500.00) per day for each calendar day occurring after the expiration ol the Contract
Time for Substantial Completion until Contractor achieves Substantial Completion of the entire Work, as required by
Article 3 of the General Conditions o{ Contract.
Contractor lnitial herc:
-.
4. CONTBACTSUM
In consideration of the Contracto/s full, complete, timely, and faithful perlormance of the Work required by the
contract Documents, city shall pay contractor the sum of TWO HUNDRED FIRTY EIGHT THOUSAND NINE
HUNDRED SEVENW THHEE DOLLARS AND ZERO CENTS' ($258,973.00), payable as set forth in the General
Conditions (rcontract Sum').
lN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and year first
above written .
Executed at VEHNON, Califomia.
[Contracto/s Corporate Seall [Contractor]:
By:
An Authorized Signatory
Printed Name;
Title:
APPHOVED AS TO FORM:
By:
Name:
Title:
CONTHACTOR'S SIGNATUBE MUST BE NOTARIZED
CITY OF VEHNON:
ATTEST:
By:
-Name:_
Tirle:
EXHIBIT A
EXHIBIT A
GENERAL CONDITIONS
1.01
ARTICLE 1 - PRELIMINARY PROVISIONS
DEFNMONS
The following words shall have the following meanings:
A. Allowance. A line item cost estimate established by the City to be canied in the Base Bid sum, Contract
Sum, and Schedule of Values for Payment tor a particular item of Work, which cannot be sutficiently
defined so as to allow the Contractor to adequately determine lair value before the Bid Deadline.
Allowances include estimated amounts established by the City for certain construclion elements that
have not yet been fully designed or autronzed for inclusion in the Work or to permit delered approval
or selection of actual materials and equipment to a later date when additional information is available
for evaluation.
B. As-Builts. The documents prepared by Contnctor showing the condition of the Work as actually
built, including, without limftalion, all changes and the exact locations of all mechanical, electrical,
plumbing, HVAC or other poftons of the Work that are shown diagrammatically in the Contract
Documents.
C. Base Bid. The total sum stated in the Bid Form for which the Bidder offers to perform Work described
in the Contract Documents as the base Contract Work (e.9. not designated as part ol a Bid Altemate).
D. Bid. A complete and properly executed offer by the Bidder on Cily-prescribed forms to perform the
Work for the prices slated in response to the Notice lnviting Bids.
E. Bid Alternate. An item of work described in the contract Documenls as an Altemate Bid that will
be added to or deducted from the Base Bid and the Contractor's responsibility only if the City accepts
the Bid Altemate.
F. Bid Forms: The City-prescribed forms which the Bidder shall complete and use to submit a Bid.
The Bid Forms include: (1) Bidde/s Proposal; (2) Schedule of Bid Prices; (3) Incumbency Certificate;
(4) Bid Bond; (5) Bidde/s Statement ol oualifications; (6) Expenence Form; (7) Trades Ercerience
Form; (8) Contractor Safety Questionnaire; (9) Designation of Subcontractors; (10)Afiidavit of Non-
Collusion; (11) lnsurance Requirements Aflidavit; and (12) forms included in the Specification
required by the type ol proiect funding (e.9. federal, ARRA, HUD, etc.).
G. Bidder. The individual, partnership, firm, corporation, ioint venture or other legal entity submitting a bid
on these Contract Documents or any part thereof.
H. Bidding D,ocun€nts. Bidding Documents include the Bidding Requirements and the proposed
Contract Documents. The Bidding Requirements consist of: (1) Notice lnviting Bids; (2) Instructions to
Bidders; and (3) Bid Forms. The proposed Contract Documents consist of: (1) the Bidding
Requirements; (2) the Construction Contract Between Cfty and Contracto[ (3) the Conditions ol the
Contract (General, Supplementary, and Special, if applicable); (4) all Exhibits to the Contract; (5) the
Dnwings; (6) the Specifications; (7) all Addenda issued pnor to the execution ot the Construction
ABTICLE 1
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Contract; (8) all Modifications issued after the execution of the Construction Contract; and (9)
Govemmental Approvals, if any, including but not limited to, permits.
Change Order. A Change Order is a wntten document prepared by the City rellecting the agreement
between the City and Contractor for: a change in the terms or conditions of the Conlract, if any; a
specific Scope Change in the Work;the amount of the adlustment, rf any, in the Contract Sum; and
the extent of the adjustment, if any, in the Contract l'ime.
Change Order Request (COR). A Change Order Request is a written document originated by the
Contractor, which descnbes an instruction issued by the City after the effective date of the Contract,
which Contractor believes to be a scope change thal may result in changes to the Contract Sum or
Contract Time or, which describes the need for or desirability ol a change in the Work proposed by
Contractor.
Cig or Owner. The City of Vemon, Califomia, acting through its City Council or other City officials
authorized to act for the City, acting in its proprietary rather than rqulatory capacity in connection wrth
the Project.
Construclion Change Directive. A wntten order prepared and signed by the City directing a change
in Work prior to agreement on adjustment, any, in the Contract Sum or Contract Time, or boft.
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 Conditrons of the Contract (Genenal, Supplementary, and Special, il applicable); (a)
all Exhibits to he Contract; (5) fie Drawings; (6) the Specifications; (7) all Addenda issued prior to the
execution of he Contract; (8) all Modifications issued after the execution of the Contract; and (9)
Govemmental Approvals, including, but not limited to, permits. The intent of the Contract Documents
rs to include all items necessary for the proper execution and completion of the Work by the
Contractor. The Contract Documents are complementary, and what is required by one shall be as
binding as if required by all; performance by the Contractor shall be required to the extent consistent
with the Contract Documents and reasonably inferable from them as being necessary to produce the
indicated results.
Contract. The Contract Documents form the Contract for Construclion. The Contracl Represents
the entire and integrated agreement between the parties hereto and supersedes pnor negotiations,
representations, or agreements, either wntten or oral. The Contract may be amended or modified
on by a Modification. The Contract Documents shall not be construed to create a conlractual
relationship of any kind between any persons or entities oher than the Owner and the Contractor.
There shall be no third party beneficiaries of the Contract Documents.
Contract Sum. The total amount of compensation stated in the Construction Contract that is payable
to Contractor for the complete perlormance of the Work in accordance with the Contract Documents.
Contract Time. The total number of days set forth in the Construction Contact wilhin which
Substantial Completion of the Work must be achieved beginning with the Date ol Commencement
established in the Notice to Proceed, subjecl to adiustments in accordance with the terms of the
Contract Documents. The Conkact Time for Contractor's performance of the Work is measured in
calendar days (not work days).
Contractor. The individual, partnership, firm, corporation, joint venture or other legal entrty with whom
the Contract is made by City, or the agent or legal representative who may be appointed to represent
ARTICLE 1
GC-2
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such individual, partnership, firm, corporaton, joint venture or other legal entity in the execution of the
Contract as general contractor for construction ol the Work.
Correction Period. Correcton Period is synonymouswith the terms ofthe conection guarantee penod
used in the Contract Documents.
Date ol Commencement. The date for commencement of the Work fixed by City in a Notice to
Proceed to ContBctor.
Day. The terms 'da!/ or 'days" mean calendar days unless otherwise specifically designated in the
Contract Documents. The term lVork Da/ or "lllorking Da/ shall mean any calendar day except
Saturdays, Sundays and City-recognrzed legal holidays.
Director. The Director of the Community Service and Water Department of the City ot Vemon or hidher
duly appointed representatve.
Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing
the design, location, and dimensions of the Work, generally including plans, elevations, sections,
details, schedules, and diagrams.
Extra Work. New or unforeseen work will be classified as Extra Work when determined by the City
that the work is not described in, or reasonably inlerable from, the Contract Documents, the work is
not covered by any Bid line item or Allowance, and the work causes Contractor to incur additional
and unforeseen costs.
Field Directive. See, ltiork Directrve.'
Final Completion. Final Completion is the stage of performance of the Work when (1) all Wok
required by the Contract Documents has been fully completed in compliance wrth the Contract
Documents and all applicable laws including, but not limited to, conection or completion of all punch
list items noted by City upon Substantial Completon; (2) Contractor has delivered to City an
Application lor Final Payment and all closeout documentation required by the Conlract Documents;
and (3) documentation of all final Govemmental Approvals has been submitted to City including, but
not lim ed to a final Certificate ol occupancy or equivalent Building Department signdf has been
issued covering the entire Project site without exception or conditions.
Force Majeure, "Force Majeure' includes but is not limited to declared or undeclared war, sabotage,
insuneclion, not, or other acts ol civil disobedience, Iabor disputes, fires, e&losions, floods,
earthquakes or other acls ol God.
Fragnet. The sequence of new activities that are proposed to be added to an existing schedule.
Govemmental Approval. Any approval, authorization, inspectron, certification, consent, exemption,
filing, permit, registGtion, plan check, ruling or similar authorization required by any federal, state or
local law, regulatron or procedures in orderfor Contractor to per{orm the Work.
Guarantee. Assurance to City by Contractor or producl manulacturer or other specilied party, as
guarantor, that the specified wananty will be fullilled by the guarantor in the event of default by the
wanantor.
ARTICLE 1
GC.3
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Moditication. A Modification is: (1) a written amendment to Contract signed by both parties; (2) a
Change Order; or (3) a Construction Change Directive.
Notice to Proceed. The Notice to Proceed is a document issued by the City fixing the date for
Commencement for the Work.
Parties. The City and Contraclor may be referred to in the Contract Documents trom time to time as
the Parties.
Permit Fees. The actual direct costs paid by Contractor ror GovemmentalApprovals and Utility Fees.
Permit Fees Reimbursement. A payment made to the Contractor by the City in addition to the
Contract Sum to compensate Contractor {or the actual direct cost of all Permit Fees.
Proiect. The Prqect is the total constructron ol which the Work performed under the Contract
Documents may be the whole or a part and which may include construction by the City or by separate
contracto rs.
Project ManuallContract Package. The volumes of Contract Documents and relerence documents
assembled for the Work made available to Bidders.
Record Documents. The Drawings, Specifications, addenda, requests for information, bulletins,
Change Orders and other moditications to the Contract Documents, approved shop drawings,
product data, samples, mock-ups, permits, inspection reports, test results, daily logs, schedules,
subcontracts, and purchase orders. Records Documents shall include a set ol'As-Builr Drawings
and Specificatrons, which shall be contrnuously updated during the prosecution o{ the Work.
The physical area designated in the Contract Documents lor Contraclo/s performance of the
Specifications. The Specifications are the volume(s) assembled {or the WoR that includes, without
limilation, the Bidding Documents, the Construction Contract and Exhibits, the General Conditions,
Supplementary and/or Special Conditrons, il any, the "GHEENBOOK STANDAHD
SPECIFICATIONS FOH PUBLIC WOHKS C0NSTRUCTION (2015 Editlon), the Standard Plans for
Public Works Construction (2009 Edition), State of Califomia, Department of Transportation
Standard Plans and Standard Specifications (2010 Edition), and the City of Vemon Standard Plans.
Specifications. The Specifications are that portion of the Contract Documents consistng of the
written requirements for materials, equipment, systems, standards, and workmanship for the Work
and perlormance of related services, including, but not limited to, the Project Technical
Specifications, Standard Specifications, if any, and any applicable Trade Association Specifications.
Substantial Completion. Substantial Completion is delined to mean the stage in the progress of
the Work when the Work is sufficiently complete in accordance with the Contract Documents as
determined by the City so that the City can occupy and utilize the Work for its intended use and as
further defined in the Contract Documents.
Unilateral Change Order. See 'Work Directive.'
lJtility Fees. The fees charged by any public, pnvate, cooperative, municipal and/or govemment line,
facility or system used for the camage, transmission and/or distribution of cable television, electric
LL. Site.
Work.
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ART CLE 1
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power, telephone, water, gas, oil, petroleum, steam, chemiclls, sewage, storm water or similar
commodty including, but not limited to lees for temporary utilities and refuse hauling.
HH. Wananty. Assurance to City by contractor, installer, supplier, manufacturer or other party responsible
as wanantor, for the quantity, quality, perlormance 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 fulfill
the Contracto/s obligations. The Work may constitute the whole or a part of the Project.
TT. liYork Directive. A Work Direclive is a unilateral written order issued by the City directing Contractor
to continue performance of the Work or to perlorm a disputed change in the Work priorto agreement
or adjustment, if any, in lhe Contract Sum, Contac-t Time, or both.
REPRESET,ITATIVES
A. The Director shall be the representative ot the City and, except as otheMise expressly provided
herein, shall make all decisions and interpretations to be made by the City under the provisions of the
Contract Documents.
B. The Contractor shall at all times be represented on the Work in person or by a duly designated agent.
lnslructions and information given by he Director to the Contracto/s agent on the Work shall be
considered as having been given to the Contractor.
PERMITS. INSPECNONS, PLAI'I CHECKS, AND SIMILAR GOVERNMEMTAL APPROVALS AND
[mLmEs
A. Exc€pt as othenvise provided in the Notrce lnviting Bids, the Contraclor shall apply fo( obtain, and pay
for all permits including, but not limited to, building or structure permits, plumbing system permits,
mechanical system permits, electncal system permits, structural system permits, demolition permits,
excavation permts, street use permits, driveway permrts, sidewalk, curb, sewe( gutter, crosswalk,
paving or other street work grading permits, streeyutility use permits, OSHA permits, fire spnnkler
permits, fence permits, blasting permits, landscaping/imgation permits, and permits to demolish,
remove, or make major altetrtons to any designated histonc resource; inspections; and plan checks
obtained after the Date of Commencement of the Work. The Notice lnviting Bids contains a list of
permits and other Governmental Approvals and Utility Fees obtained and paid for by he City prior to
the Date of Commencement; Contractor is responsible for obtaining all Govemmental Approvals and
Utility Fees not listed in the Notice lnv ing Bids.
B. All documents evidencing Contracto/s satisfaction w h all Govemmental Approvals and Utility Fees
must be submitted to he City prior to submission ol the Application for Final Payment.
C. Where requirements of the Govemmental Approvals ditfer from those of the Drawings and
Specificatrons, the more stnngent requirements shall apply.
D. Unless otherwise specilied in he Contract Documents, Contractor shall be responsible for payments
of all Utility Fees lrom the Date of Commencement until City's Final Acceptance of the Work.
ARTiCLE 1
1.05
LICENSES
The Contractor shall apply for, obtain, and pay tor all licenses required by goveming authorities for the Work.
Contractor shall apply and pay for a City of Vemon business license.
ALLOWANCES
A. Contractor shall include in the Contract Sum and Sciedule of Values for Paymenl, lhe City's estimated
cost established lor each Work item covered by an Allowance stated in the Contract Documents. See
Paragraph 1.01 for definfion of Allowance.
B. The line item cost estimate established by the City for Work covered by an Allowance includes the cost
to Contractor ofi all materials and equipment, preparation of submittals; labo[ transportauon; deliveq[
handling; installation; supervision; overhead;profit; licenses; bonds; insurance; allsales, use and other
taxes legally chargeable; and all other costs and expenses incidental to such Work.
C. Work ems mvered by Allowances shall be supplied with such materials and equipment and for such
prices approved in advance by City. Contraclor shall notily and request City's approval of material
equipment, and pricing inlormation fo. Work covered by an Allowance before ordering he matenal or
equipment and in sufficient lime to avoid delay to the Work. City shall provide approval of materials,
equipment, and pnces with reasonable promptness. The material, equipment, and pricing information
submitted by the Contractor to the Citys Prolect Manager shall, at a minimum, include product data
and detailed cosls ol material, equipment, and labor to clmplete such Work, rtemized by cosls incuned
by Contractor and eac+r subcontractor associaled with the performance of such Work. Contracto( shall
not order materials or equipmenl or proceed with Work covered by an Allowance until the matenal,
equipment, and pricing information for such Work items have been submitted to the Citys Project
Representatrve for review and the C,ontractor has received City's approval to proceed with a Work item
covered by an Allowance.
D. All expenditures tor 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 mst
estimate established by the City, he Contact Sum shall be reduced by Change Order or Construction
Change Directive to reflecl he actual cost of the Allowance item. Similarly, to the extent the cost o{
Work items covered by an Allowance is greater than tre Allowance cost estimate, the Contract Sum
shall be increased by Change Order or Construc{ion Change Direc{ive to reflect the actual cost of the
Allowance item. ll Work items covered by an Allowance are not performed or the City deletes such
items from the Scope of Work, the Contract Sum shall be reduced by Change order or Construction
Change Directive to deduct the Cost of the unused Allowance item.
WAIVER
A waiver by City of any breach of any term, covenant, or condition contained in the Contract Documents shall
not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition
contained therein, whether of the same or a different character.
DATA TO BE FURNISHED BY THE CONTRACTOR
The Contractor shall fumish the Director with such information as the Director may desire respecting the
character of the matenals and the progress and manner ol he Work, including all informaton necessary to
ARTICLE I
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determine the Contracto/s costs, such as the number of persons employed, their pay, the time during which
they worked on the various classes of construction, and oher pertnent data.
1.()g CONTRACT DRAUNGS
The Cdy will accept no responsibility Ior enors resulting from misinterpretation or scaling of he Drawings.
1.(x) SPECIFICATIONS AND DRAWNGS
A. The Contractor shall keep on the Work Site a copy of all Specifications, Drawings, and Change
Orders pertaining to the Work and shall at all times give he Director actess thereto. Anything
mentioned in the Specifications and not shown on the Drawings or shown on the Drawings and not
mentioned in the Specifications shall be ol like effect as though shown or mentioned in both.
B. ln general, he Drawings will show dimensions, positions, and krnd ol construction; and the
Specificatrons will define materials, quality, and standards. Any Work not particularly detailed,
marked or specitied, shall be the same as similar parts that are detailed, marked or specified.
C. Ihe Drawings shall not be scaled to determine dimensions, and in all cases shall be calculated from
figures shown on the Drawings. Any discrepancies between scale and figured dimensions, not
marked "not to scale,' must be brought to the Director's attention belore prcceeding with the Work
affected by the discrepancy.
D. Omissions fom the Drawings and/or Specifications shall not relieve ttre Contrac{or from the
responsibility of fumishing, making, or installing all rtems required by law or mde, or usually
fumished, made or installed in a poect of ltre scope and general characler indicated by the Drawings
and Specifications.
E. For convenience, the Drawings and Specfications may be ananged in various trade subparagraphs,
but such segregation shall not be considered as limitrng the Work of any subcontract or trade. The
Contraclor shall be solely responsible for all subcontrac{ anangements of the Work regardless ol the
location or provrsion in the Drawings and Speci{ications.
F. The City willfumish free ol charge to the funtnc1or, a ma:timum of six (6) sets of Contract Drawings
and Specifications. The Conlactor shall pay for the costs of any additional sets or portrons thereof.
The Contractor shall be responsible to see that all sets are the same as the up-todate approved set.
1,10 PRECEDENCE OF CONTRACT DOCUMENTS
A. ln the event ol conflict between any o, the Contract Documents, the provisions placing a more
stringent requirement on the Contractor shall prevail. The Contractor shall provide the better
quality or greater quantity of Work and/or materials unless othemise directed by City in writing. In
the event none of the Contracl Documents place a more stnngent requirement or greater burden
on the Contractor, the conlrolling provision shall be that which is found in the document with higher
precedence in accordance with the lollowing order of precedence:
1. Govemmental Approvals including, but not limrted to, permits required for the Work
2. Modifications issued after execution of the Conkact (including modifications to Drawings
and Specifications)
AHTICLE 1
The Contract, including all exhibits, attachments, appendices and Addenda, with later
Addenda having precedence over earlier Addenda
Special Conditions, if any
General Conditions
6. Specifications
7. Dnwings
8. Bidding Requirements
With reference to the Drawings, the order ol 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 Speci{ications, the order of precedence is as follows:
1. Change orders
2. Special Conditions
3. ProjectTechnicalSpecifications
4. Standard Specifications, if any
5. &plicableTradeAssociationSpecilications
NOTICE OF CONFLICTS
lf the Contractor, in the course of 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 Director in writing. The Director shall promptly review the matter, and if the Director
finds a conflict, error or omission, the Director shall determine the corrective actions and advise the Contractor
accordingly. It the correction associated with a conflict, error or omission increases or decreases the amounl
ARTICLE 1
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of Work called for in the Contract, the City shall issue an appropriate Change Order rn accordance with the
Contract Documents. After discovery ol an enor or omission by the Contractor, any related additional work
pertormed by the Conkactor shall be done at the Contracto/s nsk unless authorized by the Director.
1,12 REPORTS
A. Daily Construction Fleports: The Contractor shall prepare a daily constructron report recording the
following information conceming events at Project site:
1. List of Subcontractors at Proiect site.
2. List of other contractors at Project site.
3. Approximate counl of personnel at Project site.
4. Equipment at Proiect site.
5. Material delivenes.
6. High and low temperatures and general weather conditions, including presence of rain or
sn0w.
7. Accidents.
8. Meetings and significant decisions.
9. Unusual events.10. Stoppages, delays, shortages, and losses.
11. Meter readings and similar recordings.
12. Emergenryprocedures.
13. Orders and requests ol authonties having junsdiction.
14. Change Orders received and implemented.
15. Construction Change Directives received and implemented.
16. Services connected and disconnected.
17 - Equipment or system tests and starlups.
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. Descnption of Work for the day including locations, quantities and related bid items.
lmmediately upon discovery of a drfference between field conditions and the Contract Documents, the
Contractor shall prepare and submit a detailed report through a Bequest for lnformation (RFl). lnclude a
detailed descrlption of the diflering conditions, together with recommendations for a remedy.
The Daily Construction Report must be: signed by Contracto/s Superintendent, submitted within 24 hours
(next Working Day) to the Director, and shall be made available to others as directed by City.
1.13 LINES. GRADES. AND TIEASUREMEI,ITS
A. All lines and grades will be established by the Contractor. The Contractoc 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 hiJher employees, they must be reset to the
satisfaction of the Director, at the Contracto/s expense.
B. The Contractor shall inform the Director rE hours (two Work Days) in advance of the times and places
at which he/she intends to Work in order that inspeclion may be provided, and that necessary
measurements for records and payments may be made with minimum inconvenience.
ART CLE 1
1.14
C. No direct payment will be made for the cost to the Contractor ol any of the Work or delay occasioned
by giving lines and grades, by making other necessary measurements, or by inspection.
RIGHT OF WAY
A. The site for the installahon ol equipment or fie right of way for the Work to be constructed under tfiis
Contract will be provided by the City.
B. The City will provide the appropriate rights of way and property for pipelines and structures. Upon
approval by the Director, the Contraclor may, without cost, use portions of any of the City's rights of
way or property which may be suitable for working space and for storage of equipment and
matenals. The Contractor will be held responsble for any damage to structures, streets, and roads,
trees and landscaping, and for any damage that may result from his/her use ol City property.
C. ln case areas additional to those avaihble on the Citys rights o, way or property are required by the
Contractor for higher operations, he/she shall make arrangements with he property owners forthe use
of such additional areas at higher own expense.
COI'ITRACTOR'S OPERANONgSTORAGE YARD
ln the event the Contraclor requires space for the storage and/or staging of conslruction materials, supplies,
equipment, stockpiling ol debris, or any other needs required for constructron operations, he/she shall acquire at
hidher 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 construciion tencing covered wrth a mesh screen to limit
visibility to the site. Private property used for storage of clnstruction material or debris shall be restored to a legal
condtion with regard to appearance and maintenance upon conclusion of the project. Property should be graded
and free of weeds and debris when project is completed.
IEND OF ARTICLE]
ARTICLE 1
GGlO
1.15
2.03
ARTICLE 2.PERFORMANCE OF THE WORK
PERFORMANCE OF WORK. GENERAL
Contractor shall, at its own cost and expense, fumish all necessary materials, labor, transportatlon, and
equipment for doing and performing said Work and the materials used shall comply with the requirements of the
Contract Documents. All Work shall be performed and completed as required in the Contract Documents, and
subiect to the approval of the Director, or his/her designated assistant.
NO ASSIGNMENT OR DELEGANON
Contractor shall not assign or delegate the duties or obligations under this C,ontract or his/her interest therein in
whole or in parl wffiout the prior wntten consent ol the City which may be wthheld at the Ctys sole discretion.
STANOARD OF PERFORMANCE
Contractor agrees that all servic€s performed hereunder shall be povided in a manner commensurate uth the
highest prolessional standards and shall be pedormed by qualified and experienced personnel; hat any Work
perlormed by Contractor under the Contract will be performed in the best manne[ that any materialfumished
shallbe subject to the approval ofthe DirectoG and that both Work and materials wll meet fullythe requirements
of the C,ontract Documents. Any wok deemed unacceptable by the Director, whether a cause is determined or
not shall be repaired or replaced by Contraclor at Contracto/s expense.
The Contractor shall be responsible for the final product and shall make any quality control, adiustments and
corrections necessary to obtain the final product accepted by the City Engineer. The Contractor shallperform
process and quality mntrol sampling and testing and exercise management control the work of hidher
subcontractors, technicians and workers lo ensure that the milling, transporting, recycling, spreading,
compaction, and finishing processes conform to these Specilications. The proficiency ol testing laboratories
and sampling and testing personnel shall be reviewed and approved by the City Engineer prior to providing
services to the prolect. The Crty Engineer shall have unrestricted access to the laboratory, sampling, testing
sites, and all information resuhing from mix design and quality control activitres. All ouality Control testing
results shall be submitted to the City Engineer on a daily basis.
DEFECIWEWORK
Wi*rin the time periods that the C y specifies, the Contractor shall conect all delicient, 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 unsatisfactorily executed, even though it has been included in the monthly
estimates. l{ he/she refuses or neglects to remove, repair, or replace such defective Wok, prior to the Citfs
acceptance of the Work, it may be replaced by the City at the expense of the Contractor, plus 15% for overhead
expenses, and hiyher sureties shall be liable therefor. (See Paragraph 2.15 forcuring delects after acceptance
ol the Work.)
ABTICLE 2
GC-11
2.U
2.05
2.06
CTTTS RIGHT TO CARRY OUT lHE WORK
A. Notwithstanding other remedies available to the City, if he Contractor defaufts, fails to perform Work
required by the Contracl Documents, or otherwise neglects to carry out the Work in accordance with
the Contract Documents and tails within a 48 hour penod after receipt of wntten notice from the City to
commence and correct such default, failure to per{orm, or neglect with diligence and promptness, the
City, at its sole discretion and wrthout obligation, may, with its own oroutside forces, perform the Work
Contractor has failed to perform andior replace or cofiect deficiencies in the Work. ln such case, a
Change Order or Construction Change Directive shall be issued deducting from payments then or
thereafter due to the Contractor the cost of completion, replacement or corection of such deficiencies,
including compensation for additional services by the Citys project management staff, the Architect,
and therr respective consultants made necessary by such detault, tailure to perlorm, or neglect, plus
15% for Clty's overhead expenses- If payments then or thereafter due the Contractor are not sufficient
to cover such amounts, the Contractor shall pay the ditference to tire City immediately. This remedy is
cumulative.
B. The City also has the right, but notthe obligatron, to sellperform or have outside forces pertorm portions
ol the Work previously assigned to Contractor. ln such case a Change Order or Construction Change
Directive shall be issued, reducing the Contract Sum by fre Unit Price(s) applicable to such deleted
Work or, in the absence of Unit Prices, an amount that retlec{s the reasonable cost of performing such
deleted Work and the Allowable Mark-Up applicable to such deleted Work.
COMMUNICA]IONS AND NOTICES REGARDING THE WORK
A. 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 facsimile communicalion tollowed by a hard copy and
with receipt confirmed by telephone, to the following addresses (or to such other address as may
from time to time be specified in writing by such Person):
All conespondence with Contractor shall be sent to the following address:
Attention:
Phone:
Facsimile:
All communications shall be copied to City and shall be delivered to City's Director at the address
set forth below, with copies to such additronal persons as may be directed by Cty's Director.
City of Vemon
Department of Public Works, Water and Development Services
4305 Santa Fe Avenue
ARTICLE 2
GCr2
Vernon cA 90058
D.
Attention:
Phone:
Scott B. Riqq
323-583-881 1 f79
Facsimile: 323-826-1435
E-mail:sngg @ci.vernon.ca.us
Notices shall be deemed received when actually received in the oftice ot the addressee (or by the
addressee il personally delivered) or when delivery is refused, as shown on the receipt of the U. S.
Postal Service, private carrier or other Person making the delivery. Notwithstanding the foregoing,
notices sent by lacsimile 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 lhe iirst business day following
delivery (that is, in order for a lax to be deemed received on the same day, at least the firt page of
the fax must have been received before 4:00 p.m.). Any technical or other communications
pertaining to the Work shall be conducted by Contracto/s Project Manager and technical
representatives designated by City. Contractor's representatives shall be available at all
reasonable times tor consultation, and shall be authorized to act on behalf of Contractor in matters
conceming the Work.
Contractor shall copy City on all written conespondence pertaining to the Contract between
Contractor and any Person other than Contracto/s Subcontractors, consultants and attomeys.
Notificatron of Affected Residents/Businesses - The Contractor shall be responsible for distribution of
the general inlormation letter of the project to all affected residents and businesses. A project general
information letter and sufficient copies thereof will be prepared by City staft for Contractor distribution
to all residents, busrness establishments, and institutions fronting on or directly affected by the proiect.
The Contractor shall be responsible for distribution of said letter in handout form to all the appropriate
residences and buildings in the subject area. Distnbution shall be accomplished in a manner
acceptable tothe City Engineer and shallbe five (5) working days priorto the beginning of construction
operations in the immediate vicinity. In addition to the above, the Contractor shall be lully responsible
for such other notitications as may be required related to necessary closures of streets, alleys,
driveways, etc., orto unavoidable access or parking restrictions. These notifications shall apply where
the closures and access or parking restnctions required in the performance of any work under this
contract preclude any resident, tenant, or property owner from utilizing the premises or conducting
business 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 ol
any construction work. No removal or excavation work is allowed until the additional notjfication has
been distributed to the attected residents and businesses.
It a Contractor is unable to adhere to his schedule as indicated on his written notification, then all the
aflected residents and places of business shall be re-notified of the revised schedule, in writing, as
indicated above.
Contractor costs for all ol 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 "Ulilities" of the "Greenbook' Standard
Specifications shall apply. The Contractor shall contact the Underground Service Alert of Southem
Califomia (U.S.A.) at least two working days in a&ance of the construction work
ARTICLE 2
GC.13
B-
2.07 INDEPENDEI,IT COI{TRACTOH
The Contractor in the pertormance ol the Work hereunder will be acting in an independent capacity and not
as an agent, employee, partner, or ioint venture of the city.
EMERGENCY WORK
A" During Wor*ing Hourc:
ln case of an emergency which threatens loss or injury of popefty, and/or safety ol life during working
hours, the Cantractor shall act, without previous instructions from the City, as the situation may
warant. He/she shall notify the Director of the emergency and fie action taken immedialely
thereafter. Any compensation claimed by the Contractor, together with substantiatng documents in
regard to expense, shall be submitted to the Director within 15 calendar days after the emergency.
Compensation, if allowed, will be paid for as Extra Work.
B. Outside of Wo*ing Hours:
Whenever, in the opinion of the City, there shall anse outside of he regular Working hours on the
Contacl Work of an emergency nature rvhich thcatens loss or injury ol property, or danger to public
safety, the Contnctor shall act, witrout previous instructons from the Ci$ as the situation may
warrant. He/she shall notify the Director ol the emergency and the action taken immediately
thereafter. Any compensation claimed by the Contraclor, together wth subslantiating documents in
regard to expense, shall be submitted to the Director within 15 calendar days after the emergency.
Compensaton, if allowed, will be paid for as Extra Work. ln the event the Contractor is not able to
respond to an emergency outside of regular working hours, the City's forces will handle such
emergency Work. lf such emergency anses out ol or is the result ol operations by the Contractor, the
cost ol the conective measures Mll be billed to the Contractor and deducted from higher payment as
provided in the Contract Documents. The performance of emergency Work by City forces will not
relieve the Contractor of any ol higher responsibilities, obligations, or liabilities under the Contract.
SUBCONTRACTOBS
A. Eact subcofltract shall contain a reterence to the Contract between the City and the principal
Contractor, and the terms of the Contract and all parts thereof shall be made part of each subcontract
insofar as applicable to the Work covered thereby. lf, in the Direc{o/s opinion, the Subconlmctor fails
to comply with the requirements of the principal Contract insofar as the same may be applicable to the
Subcontracto/s Work, the Director may diEualify the Subcontractor.
B. Nothing contained in these Contract Documents shall be construed as creating any contraclual
relationship between any Subcontractor and the City.
C. The Contractor shall be considered the employer of the Subcontractors and shall be tully responsible
to the City for the acts and omissions of Subcontractors and of persons employed by them as the
Contractor is for the acts and omissions of persons direc'tly employed by him/her.
D. The Contractor shall be responsible for the coordination of the trades, Subcontractors, and material
suppliers engaged upon the Work. lt shall be the Contracto/s duty to see that all of hidher
Subcontractors commence their Work at the proper time and carry it on wrth 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 hiJher expense.
ARTICLE 2
GC14
2.10
E. The City will nol undertake to settle differences between the Contractor and hisiher Subconkactors or
belween submntraclors.
F. The Contractor shall utilize the services of specialty Subcontractoc, without addttional expense to the
City, on those parts of the Work which are specified to be performed by specialty contractors.
USE OF FACLMES PRIOR TO COMPLET|ON OF CONTRACT
A. Whenever in the opinion ol the 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 written notice and designation from the
Director to the Contractor, use (which includes, but is not limited to, taking over or placing into
service) any portion(s) designated by the Direclor.
B. The use of any portion(s) by the City shall not be construed as, and will not const ute acceptance in
any sense, ol any portion(s) of the Work of the &ntractor nor will such use trigger the running of any
wananty and/or guarantee penods.
C. All necessary repairs, renewals, changes, or modificatrons in the Work or any portion hereof so used,
not due to ordinary wear and tear, but due to detective materials or workmanship, lhe operations of
he Contractor, or any other cause, shall be made at the epense of the Contractor.
D. The use of any ponion(s) by the Crty shall not relieve the Contractor of any of his/her responsibilities
or liabilities under the Contract nor constitute a waiver by the City of any of the conditrons thereof.
Said use shall not cancel liquidated damages as of $e first date of use, or any continuance thereof,
nor impair, reduce, or change the amount of liquidated damages.
COOPERATION WTI}I OTHER WORK FORCES
A. The City reserves the right to perform otirer Work at or near the site at any time by the use of its own
Iorces or other contractors.
B. Other contraclors, other utilites and public agencies or their contraclors, other City contractoG, and
City personnel may be working in the vicinity during the proiect construction period. There may be
some interference between these activities and the Work under the Contract Documents. The
Contractor shall cooperate and coordinate hiyher Work with that of other Work forces to assure
timely Contracl completion.
AGREEMENTS W]TH PROPEHTY OWNERS
Agreements with property owners for storing excavated material, storing afly other materials, or for any other
purpose relaled to the Woft shall be made in writing and a copy submitted to the Director lor his/her
rnformation. All storage charges shall be at the Contracto/s sole expense.
PROTECNON OF PROPERTY
All public and private property, pavement or improvement, shall be safely guarded from damage or loss in
connection with this Contraclbythe Contractorat alltimes. Should anyfacility, structure, or property be damaged
during operations of the Contractor, he/she shall immediately notity the property owners or authorities. AII
damages and losses incuned shall be paid by the Contractor.
ARTICLE 2
2.11
2.12
2.13
2.14 CONTRACTOR'S RESPONSIBILMES FOR LOSSES OR LIABILMES
A. Hisk ol Loss
Except as otherwise proMded in he Conkact Documents and except as to the cost ol repair or
restoration ol damage to the Work caused by force majeure, the Contractor shall bear all losses
resulting to him/her on amount of the amount or character of the Work, or from any unforeseen
obstructions or difficulties which may be encountered, or from any encumbEnces on the line ol the
Work, or because the nature of the ground in or on which the Work is done is different from what is
assumed. The Contractor shall bear the risk for any City equipment, matenal, or supplies with which
hdshe has been entrusted.
B. Materials and Facilities
The Contrac{or shall be responsible for materials and facilities as hereinafter provided and in the
event of hidher failure to carry out said responsibilihes, the same may be canied out by the City at the
epense of the Contractor
1 . The Contractor shall be responsible for any materials so fumished and for the care of all
Work until its completion and final acceptance, and he/she shall at his/her own expense
replace damaged or lost materials and repair damaged parts of the Work.
2. The Convactor shall protect City facilities from damage resulting from his/her Work. City
facilities damaged by, or as a resutt of, the Contracto/s Work under fris Contract shall be
repaired or replaced, as directed by the Director, at the Contracto/s e&ense.
3. The Conttrctor shall remove from the vicinity of the completed Work all buildings, rubbish,
unused malerial, concrete forms, and other matenals belonging or used under higher
direction during construction. lt Contraclor Iails to clmpletely remove such items wrthin a
reasonable trme the City may do so at the Contractols expense.
C. laws and Regulations
'1. The Contractor shall obey all laws, ordinances, and regulatons 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 cou( orders and decrees having any jurisdiction or authority
over the same. lf any discrepancy or inconsistency should be discovered in this Contract, or in
the Drawings or Specilications herein relened to, in relation to any such law, ordinance,
regulation, order, or decree, he/she shall rmmediately report the same in writing to the Director.
2. Contractor shall, at all times, cause all higher agents and employees to observe and comply with
all such applicable laws, ordinances, regulatrons, orders, and decrees in effect or lvhich may
become effective before Final Completion of this Contract.
3. Nothing in the Contracl Documents shall be construed to permit Work not contorming to such laws,
ordinances, and regulations. lf the ContEctor ascerlains at any time that any requirement of this
Conkact is at variance with such applicable law requirement, he/she shall immediately notify the
Director.
4. lf such applicable law rEuirement was nol in efiec1 on the date of submission of bids, any
necessary adjustment ol the Contract price shall be made as provided in Article 6 herein. lf such
ABTICLE 2
GC.16
2.15
applicable law requirement was in etlect on said date of bid submission, no adiustment of Conkact
pnce will be considered.
5. The Contractor, at his/trer own expense, shall pay all taxes properly assessed against hiyher
equipment, materials, or property used or required in connection with the Work.
WARRANTY AND COBRECNONS
A. Wananty1. Wanantv. The Contractor warants to the City that (i) materials and equipment fumished
under he Contract will be of good quality and new unless othenrise required or permitted by
the Contract Documenls; (ii) the Work will be of good quality and kee lrom defects; (iii) the
Work will cnnform to tire requirements of the Contract Documents; and (iv) Contractor will
deliver the Pqect free of stop notice claims. Work not mnforming to these requirements,
including substitutions not accepted by the City, will be deemed detective. The Contraclo/s
wananty excludes improper or insuflrcient maintenance, improper operation, or normal wear
and tear and normal usage. lf required by he City, the Contractor shall fumish satis{actory
evidence as to the krnd and quality of materials and equipment. This wananty is not limited
by the conection obligation of Paragraph 2.04 herein.
2. Ovedap. Where any wanantres provided under the Contract Documents overlap, conflict, or
are duplicatlve, Contractor will be bound by the more stnngent requirements.
3. Proarenent and Assonment of Wanantix: Contractor shall obtain in the name of City, or
transter or assign to City or City's designee prior to the time of Final Completion of the Work,
any and all wananties or guarantees which Contractor is required to obtain pursuant to the
contract Documents and which Contnactor obtained from any other person orentity otherthan
Contractor including, but not limited to, Subcontractors and manufacturers, and furtheragrees
to perform the Work in such a manner so as to preserve any and all such wananties.
Contractor shall secure written waranties from all Subcontractors. Contnctor and its
Subcontraclors shall offer any waranty upgrades or extensions that are offered by
manufac{urec ol any Euipment or system installed in the Work to the Cily. Contractor shall
deliverto City all wananty and guarantee documents and policies.
4. Survual of Wamnties: The provisions of this panagraph 2.'15 will survive Contraclo/s
completion of the Work or termination of Contracto/s performance ol the Work.
B. Conection ot Work
1. Beforc or Alter Final Conpletion The Contractor shall promptly correcl Work rejected by
the City or City's designee, as failing to conform to the requirements of the Contract
Documents, whether discovered before or after Final Completion and whether or not
fabncated, rnstalled, or completed. Costs of correcting such rejected Work, including
additional testing, inspections, and compensation for the City's services and expenses
made necessary thereby, will be at the Contracto/s expense within the Contract Price.
2. After Final Completion.
(a) ln additron to the Contracto/s wananty obligations under Paragraph 2-15-A, it,
within one (1) year after the date of Final Completion of the Work or urithin the time
penod established by any applicable special warranty required by the Contract
ARTICLE 2
2.16
Documents, any ol the Work is tound to be not in accordance with the
requirements of the Contract Documents, the Contractor shall commence
correction or replacement ol such Work within forty-eight (,18) hours after receipt
of written nolice from the City to do so. The Contractor shall perform such
corrective work without charge or cost to the City after Final Completion of the
Work. The City shall give such notice promptly after discovery of the condition.
(b) If the Contractor fails to commence correction or replacement of non-conforming
Work within forty-eight (48) hours after receipt of wntten notice, the City will
proceed to have defects repaired or replaced at the expense of the Contractor and
its Perlormance Bond surety, plus fifteen percent (15%) for the City's overhead
and administrative expense. The City may charge such costs against any
payment due Contractor. lf, in the opinion of the Cig, defective work creates a
dangerous or hazardous condition or requires immediate coffection or attention to
prevent turther loss to the City or to prevent interuplion ot operations of the City,
the City may take immediate action, give notice, make such conection, or provrde
such attention and the cost of such conection or attention will be charged against
the Contractor. Such action by the City will not relieve the Contractor of the
warranties provided in this Article or elsewhere in the Contract Documents.
3. Replacement or Removalot Delxtive or Unauhoized Wolk The Contractor shall remove
from the Site and replace those portions of the Work which are not in accordance with the
requirements of the Contract Documents in a manner acceplable to and as ordered by the
Director. No compensation shall be allowed for such removal or replacement. Director
shall have authority to cause detective work to be remedied, removed or replaced and to
deduct the costs from monies due or to become due to the Contractor.
4. Destruclion or Damaoe. ln the event the Contractor destroys or damages any construction
of the City or another contractor while correcting or removing Work whrch 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 well.
5. No Limitafon Nothing contained in Paragraph 2.15-8 will be construed to establish a
period of limrtation with respect to other obligations which the Contractor might have under
the Contracl Documents. Establishment of the one-year period for conection of Work as
described in Paragraph 2.15-8 relates only to the specific obligation of the Contractor to
correcl the Work, and has no relationship to he limitations periods established by statute
for any construction defect or other causes of action.
CLEANING AITID ENVIRONMENTAL CONIROLS
The Contractor, Subcontraclors 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 ol waste matenals, debris, and rubbish and in a clean and orderly condition:
and Remove waste materials, debns and rubbish from ste and diEose off-srte legally.
B- The Contraclor shall maintain at his/her disposal any and all equrpment necessary to prevent and
remediate any sanitary seweroverflow arising out ofthe Work. The Contractor shallfumish and operate
a self-loading motor sweeper with spray nozles, as directed by the Directo( to maintain the atfected
areas in a condition of cleanliness acceptable to the City at all locations affected by the Contracto/s
ABTICLE 2
E.
operations. For purposes of this Paragraph, the affected areas include the project Site as well as all
haul routes to and kom the proiecl Site and all areas of construction and restoration which have not
been completed.
lhe Contractor shall take appropriate action to ensure that no dust odginates from the prqec't Site.
Any equipment or vehicles dnven and/or operated within or adjac€nt to a street gutter, storm drain,
runof{ conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that
if introduced to water could be deleterious to aquatic life.
No debris, soil, silt, sand, bark, trash, sawdust, rubbish, cement or concrete or washings thereof, oil or
petroleum products or other organic or earthen malenal from any constructon, or associated activity or
whatever nature shall be allowed to enter into or placed where same may be washed by rainfall or
runofi into waters ol the State. When operations are completed, any excess matenals or debns shall
be removed lrom the Work area.
2,17 WATER POLLUTION CONTBOL
A. The Contractor shall meet all applicable City ol Vemon, state and federal clean water laws, rules and
regulations including but not limited to all conditions set forth in the Vemon Municipal Code Chapter 21, Article
5 regarding stormwater and urban runoff controls as it relates to public agency actrvities including, but not
limited to storm and/or sanitary sewer system inspection and repair, stcet sweeping, trash pick-up and
disposal, and street and rightoFway construction and repair are required to implemenl and maintain the
activity specilic Best Management Practrces (BMPs) listed in Table 2-1 below in comptianc€ with the National
Pollutant Discharge Elimination System (NPDES) requirements. Contractor shall not discharge any water
containing trash, debris, pollutants, fuels, oils, soaps or other non-allowable constituents from its sweeping
vehicles upon any city street, to any storm drain or any non-permitted outlet. As part ol its submission,
contractor shall describe its methods for preventing NPDES violations during sweeping operations within the
City. ln 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 termrnation lor cause by the
City of any contract resulting from this solicitation.
Table 2-1. BMPs for Public Agency Facilities and Activities
General and Activity Specific BMPs
GeneralBlilPs
Schedulinq and Planninq
Spill Prevention and Control
Sanitary/Seotic Waste Manaoement
lllaterial Use
Safer Altemative Products
Vehicle/Equipment Cleaning, Fueling and Maintenance
lllicit Connection Detection, Reportin0 and Removal
llleoal Spill Discharoe Control
lvlaintenance Facility Housekeepino Practices
Flexible Pavement
Asphalt Cement Crack and Joint Gnnding/ Sealing
Asphalt Paving
ARTICLE 2
GCJ9
D.
Structural Pavement Failure (Digouts) Pavement
Grinding and Paving
Emerqencv Pothole Repairs
Sealing Operations
Higid Pavement
Po(land Cement Crack and Joint Sealing
Mudiackinq and Drillino
Concrete SIab and Spall Repair
Slope/Drains/Vegetation
ShoulderGradinq
Nonlandscaped Chemical Veoetation Control
Non Iandscaoed l\ilechanical Veqetation Control/lilowinq
Nonlandscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub
Removal
Fence Repair
Drainage Ditch and Channel Maintenance
Drain and Culvert Maintenance
Curb and Sidewalk Hepair
Litter/ Debris/ Grattiti
Sweeping Operations
Litter and Debns Removal
Emerqencv Response and Cleanup Practices
Graffiti Removal
Landscaping
Chemical Veoetation Control
Manual Veqetation Control
Landscaoed l\ilechanical Veqetation Control/ lvlowinq
Landscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub
Removal
lrngation Line Repairs
lrrigation tl/atering), Potable and Nonpotable
Environmental
Storm Drain Stenciling
Roadside Slope lnspection
Hoadside Stabilization
StormwaterTreatment Devices
Traction Sand Trap Devices
Bridges
Welding and Grinding
Sandblasting, Wet Blast with Sand lnjection and Hydroblasting
Painting
Bridge Repairs
Other Structures
Pump Station Cleaning
Tube and Tunnel Maintenance and Repair
TowTruck Operations
Toll Booth Lane Scrubbing operations
ARIICLE 2
GC,20
Electrical Sawcutting for Loop Installation
Tratfic Guidance
Thermoplastic Stnprng and Marking
Paint Striping and Marking
Haised/ Hecessed Pavement Marker Application and Removal
Sign Repair and [.{aintenance
Median Barrier and Guard Rail Repair
Emergency Vehicle Energy Attenuation Flepair
Storm l\,laintenance Minor Slides and Slipouts Cleanup/ Flepair
l\/lanagement and Support
Building and Grounds l\,laintenance
Storaqe of Hazardous Matenals (Working Stock)
Material Storage Control (Hazardous Waste)
Outdoor Storage of Raw Materials
Vehicle and Equipment Fueling
Vehicle and Equipment Cleaning
Vehicle and Equipment Maintenance and Repair
Aboveground and Underground Tank Leak and Spill Control
B. Water Quality Protection Requirements for Construction Prqects with Less than One (1) Acre of
Disturbed Soil.
All construction projects, regardless of size, will be required to implement best management practices
(BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) to meet the
minimum water quality protection requirements and implement all applicable set of BMPs as defined
in Table 2-2.
Please refer to the California Stormwater Quality Association's Construction Handbook (available on therr website:
www.cabmohandbooks.com) tor further information regarding the BMPs listed in Table 2-2.
ARTICLE 2
GG21
Table 2-2
Minimum Water Quality Protection Requirements and Applicable Set of B[/tPs for All Construction Poects
Category i/inimum Hequirements Bl\ilPs
1. Sediment Control Sediments generated on the poject site shall be retained
using adequate Treatment Control or Structural BMPs.
Sediment Controls
Non-Stormwater
Management, Waste
Management and
Materials 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 runoff.
Non-storm water runoff kom equipment and vehicle washing
and any other activity shall be contained at the proiect sites.
Non-Stormwater
Management and
WasteManagement
3. Erosion Control Erosion from slopes and channels shall be controlled by
implementing an effective combination of BMPs, such as the
limiting of grading scheduled during the wet season;
inspecting graded areas during rain events; planting and
maintenance of vegetation on slopes; and covering erosion
susceptible slopes.
Erosion Controls
All conskuction prqects with Less than One (1) Acre of Disturbed Soil shall submit to the City a
signed Statement of Intent to Comply with lvlinimum Requirements of the Stormwater Permit
(Exhibit 5).
The Contractor may self+ertify that the tollowing training was completed on an annual basis
providing they ce(ify they have received all applicable training:
. The Contractor shall kain all of their employees in targeted positions (whose interactions,
jobs, and activities aflect stormwater quality) on the requirements of the overall stormwater
management program.
. When the Work includes the use or have the potential to use pesticides or fertilizers, the
Contractor shall train all of their employees (whether or not they normally apply pesticides
or fertilizers as part of their work). Training programs shall address:
1) The potential for pesticide-related surface water toxicity
2) Proper use, handling, and disposal ot pesticides
3) Least toxic methods of pest prevention and control, including lntegrated Pest
Management
4) Heduction of pesticide use
Water Quality Protection Requirements for Construction Prqects with One (1) Acre (or greater) of
Disturbed Soil. ln addition to the minimum BMPS required in Paragraphs A and B, all construction
prolects where at least one (1) acre of soil will be disturbed, construction activity that results in land
su rface disturbances of less than one acre if the activity is part of a larger common plan of development,
or the sale of one or more acres of disturbed land sur{ace requires a Construction Activities Stom
Water General Permit (2009-0009-DWQ Permit).
Prior to commencement of construction activities, the Permit Registration Documents (PRDS) must be
submitted electronically in the Storm Water l/ulti-Application Report Tracking System (Sl\ilARTS)
( PRDs consist of the Notice of
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 annualfee.
See: or more
intormation. A Waste Discharger ldentification (WDID) h,ill be emailed to the LHP after the PHDs have
been submitted and are deemed complete. Construction activities cannot begin until a WDID is issued
by the State Water Resources Control Board. Contractor shall bear the costs of any delays to the
Proiect caused by a delay in obtaining its WDID.
The SWPPP shall include:
1. The name, location, period of construction, and a briet description of the project;
2. Conlact information for the owner and contractor;
3. The building permit number for the prqect;
4. The grading permit number for the project (where applicable);
5. A list of maior construction materials, wastes, and activities at the project site;
ARTICLE 2
D,
6. A list of best management practices to be used to control pollutant discharges from maior
construction materials, wastes, and activities;
7. A site plan (construction plans may be used) indicating the selection of BMPS and their
location where appropriate;
8. Non-storm water discharges, their locations, and the BMPS necessary to prevent the
discharge;
9. A maintenance and self-inspection schedule of the BMPS to determine the etlectiveness
and necessary repairs of the BMPs; and
10. A certification statement that all required and selected BMPs will be etfectively
implemented.
Wthin seven (7) days after the City awards the Contract, the Contractor shall submit seven {7) copies
of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the
plan. lf revisions are required, the Contractor shall revise and re-submit the document within seven (4
days of its receipt of the Crty's mmments. The City shall then have seven (7) days to consider the
revrsions made by the Contractor and approve the SWPPP.
The Contractor shall maintain a minimum of two (2) readily accessible copies of the SWPPP at the
Project site. The SWPPP shall be made available upon request of a representative of the Los
Angeles Hegional Water Quality Control Board (LAHWoCB) 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 pollutron that may reasonably affecl
the quality of storm water discharge associated wrth construction actrvitres. The plan will describe
and ensure the implementatron of Best Management Practices (BMPs) which will be used to
reduce pollutants in the storm water discharges from the construc{ion site. A Best Management
Practice is delined as any program, technology, process, operating method, measure, or device
that controls, prevents, removes, or reduces pollution. The Contractor shall select appropriate
Bl\rPs from the Califomia Stormwater Bl\ilP Handbook, Municipal, lndustnal, New Development,
and Construction Volumes (Wv\ry.cebrnpie$lqootg.qqm) in conlunction with all actvities and
construction operations. Copies of the Califomia Stormwater BMP Handbooks may be obtained
from:
CaliforniaStormwaterOualityAssociation Cashier
P.O. Box 2313
Livermore, CA 94551
www.cabmDhandbooks.com
Los Angeles County DPW
900 South Fremont Avenue
AIhambra, CA 91803
Tel. No. (626)458{959
lmplementation
The Contractor will be responsible throughout the duration of the Project for the installation,
monitonng, inspection and maintenance of the BMPs included in fie SWPPP and for removing and
disposing of temporary Blt/Ps. 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-disturbed areas of the project site before the onset of precipitation
ARTICLE 2
GC23
E.
F.
and shall maintain a detailed plan for the mobilization of suflicient labor and equipment to fully
deploy these control measures.
Throughout the winter season, active soil-disturbed areas of the project site shall be fully protected
at the end of each day with these conkol measures unless fair \,veather is predicted through the
following day. The Contractor shall monitor daily weather forecasts. lf precipitation is predicted
prior to the end of the lollowing workday, construction scheduling shall be modified, as required,
and the Contractor shall deploy tunctioning control measures prior to the onset of the precipitation.
The City may order the suspension ol conslruction operations which are creating water pollution if
the Contractor fails to conform to the requirements ofthis Pa?gaph2.17. Unless otherwise directed
by the City, the Contracto/s responsibility for SWPPP implementation shall continue throughout any
temporary suspension of the Work.
Sewage Spill Prevention. The Contracto/s attentron is directed to the sewer bypass operation
required during any sewer construction purs{rant to the 20'12 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 extGordinary care to prevent the cause ol events that may lead to a
sewage spill. ln the event of a sewage spill, the Contractor shall make anangements lor an
emergency response unit comprised of emergency response equipment and trained personnel to
be immediately dispatched to the project site.
The Contractor shall be fully responsible for preventing and containing sewage spills as well as
recovering and properly disposing of raw sewage. ln addition, the Contractor is responsible Ior any
Iines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is
damaged by the contractor shall be immediately repaired at the Contracto/s expense. The
Contraclor shall take all measures necessary to prevent lurtfier 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 Maintenance Services
Fire Department Dispatch Center
Public Works, Water and Development Services
323-58&881 1 extensron 351
The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone
numbers of City representatives such as Poject Managers and lnspectors. However, if these City
representatives are not available, then the Contractor shall immediately call:
Scott B. Rigg (323) 583-881 1 extension 279
Sewage Spill Written Notification
The Contractor shall prepare and submit a written report to the Director within three (3) Working
Days from the occurrence of a spill to the City. This report shall describe all of the following:
1. The exact location on the Thomas Guide map
ARTICLE 2
GC24
t.
H.
J.
2. The nature and volume
3. The date, time and duration
4. The cause
5. The type ol remedial and/or cleanup measures taken and date and time implemented
6- The corrective and preventive action taken, and
7. The water body impacted and resutts of necessary monitoring
Enforcement
The City is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and
private citizens. The Contractor shall indemnify, defend and hold City, its officers, agents and
employees harmless from Contractofs failure to comply and/or fullill the requirements set lorth in
this Paragraph 2.'17. Contractor shall be responsible for all costs and liabilities imposed by law as
result of Contractods failure to comply and/or fullill the requiremenls set forth in this Paragraph 2.17.
The costs and liabilities include, but are not limited to fines, penalties and damages whether
assessed against the City or the Contractor.
ln addition lo any remedy authonzed by law, any money due to the Contractor under this contract
shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor
have been satisfied.
Maintenance
The Contractor shall ensure the proper implementation and lunctioning of BMP control measures
and shall rEularly inspect and maintain the construction site for the BMPS identilied in the
SWPPP. The Contractor shall identify conective actions and time trames in order to properly
address any damaged measure, or reinitiate any BMPs that have been discontinued.
lf the City identiries a deficienry in the deployment or functioning ol identilied control measures, the
deficiency shall be conected by the Contnctor immediately or by a later date and time il agreed to
by Director and if requested in writing, but not laler than the onset of the subsequent precipitation
events. The conection of deficiencies shall be at no additional cost to the City.
Payment
All costs involved rn the implementation of the SWPPP, including fumishing all labor,
malenals, 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 ot another structure, shall be included in the unit prices
bid for the various related items ol work and no additional compensation will be made
theretor.
ARTICLE 2
GC-25
K.
2.18 RECYCLED. REUSABLE AND RECYCLABLE PRODUCTS
The Contractor rs encouraged to propose recycled, reusable and recyclable products for use by the City.
Those items should be clearty identified. The City may require lurther inlormation or documentation to
ascertain the suitability/appropriateness of a proposed product.
[END OF ARTICLEI
ARTICLE 2
3.01
ARNCTE 3. TIME OF COMMENCEMENT AND COMPLETION
COMMENCEMENT, PROSECTMON. AND COMPLETON OF WOHK
A. Notice to Proc€ed
The Contractor is not authorized to perform any Work the Contract Documents until he/she has
received from the City an olficial notification to commence Work. The date on which he notification is
received by the Contractor is herein referred to as the Notice to Proceed. The Conlractor shall
commence Work on the Date ol Commencement established in the Notice to Proceed is issued. The
Notice to Proceed shall be issued after the Contract is properly executed, bonds are fumished and
approved, and insurance has been submrtted and appoved.
B. Prosecution of the Work
Work shall be continued at all times with such force and equipment as will be sufticient to complete it
within the specified time. The Contractor epressly proposes that he/she has taken into consideration
and made allowances for all ordinary delays and hindrances to the Work to be perlormed 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 compleled in its entirety
within hree years following the Date of Commencement established in he terms and conditions of
the contracl. By executing the Contract, Contractor confirms hal the Contracl Time is a reasonable
period for performing $e Work.
C]TYS DISCREIION TO EXTEND CONTRACTTIME
ln the event the Work required hereunder is not satisfactorily completed in all pads and in compliance wih the
Contract Documents, City shall have he right, in its sole discrction, to increase he number of Working Days or
not, as may seem best to serve the interest of City. A change order extending the Contract Time only will be
issued by the City should the City decide to increase the number ot Working Days.
SUBSTAI.IIIAL COMPLETION
A. Contractor Request for lnspection and Punch Lisl
When the Contractor consders that it has achieved Substantial Completion of the Work, or
designated portion thereof, Contractor shall prepare and submit to the Director a rquest lor
inspection and a comprehensive punch list of items to be completed or corrected prior to Final
Payment. Failure to include an item on such punch list does not alter the responsibility of the
Contractor to complete all Work in accordance with the Contract Documents.
B. City lnspection
Upon receipt of the Contracto/s punch list, the Director will make an inspeclion to determine whether
the Work or designated portion thereof is Substantially Complete. lf the inspection discloses any
item, whether or not included on the Contracto/s punch list, which is not sufficiently complete in
accordance with the Contract Documents so that the City can occupy or utilize the Work or
ARTICLE 3
GC-27
3.03
3.t2
designated portion thereof for its intended use, the Contraclor shall, before City's issuance ol the
Certificate of Substantial Completion, complete or conect such item upon notitication by City. The
Contractor shall then submit a request for another inspectron by City to determine Substantial
Completion.
C. Certificate ol Substantial Completion
When the Work or designated portion thereof is substantrally complete, the Director will prepare a
Certilicate of Substantial Completion which shall establish the date of Substantial Completion, shall
establish responsibilities of lhe City and Contractor for security, maintenance, utilities, damage to the
Work, and insurance, and shall fix the time within which the Contractor shall linish all items on the
Contracto/s punch list accompanying the Certificate. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work. Contractor shall
deliver to City all warranty and guarantee documents and policies.
DELAYS AND ENENSIONS OF TIME FOR CONTBACTOR
A. The Contractor shall take reasonable precautions to foresee and prevent delays to the Work. ln the
event of any delay to the Work, the Contractor shall revise hiVher sequence of operations, to the
extent possible under he terms of the Contract, to otfset the delay.
B. lf any delayto the Work is caused by circumstances within the Contracto/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 indireclly therefrom.
C. lf any delay having a direct effect on the Work is caused by circumstances beyond the control of the
Contractor excepl for causes of delay specified in Paragraph 3.04-D., such delay may be excusable
and may entitle the Contraclor to an equivalent extension ol time, but not to any other compensation.
Excusable but not compensable causes include but are not limited to labor disputes, weather
conditions unlavorable for prosecution of the Work, and force maieure.
D. lf any delay having a direct etfect on the Work is caused by failure of the City to provide inlormation
as specilied, or necessary instructions for carrying on the Work, or to provide the necessary right of
way or site tor installation, or failure of a utility to remove or relocate an existing facility such delay
may be compensable and may entitle the Contractor to an equivalent extension of time, and to
compensation for damages resulting directly from any of the causes o{ delay specified in this
paragraph.
E. The Contraclor shall notity the Director in writing of any delay having a direct effect on the Work and
the causes thereof within 15 days {rom the beginning of such delay.
F. Any claim for an extension of time or tor compensation for damages resulting from delay shall be
made in wnling to the Director not more than 30 days after the ending of such delay. The Contractor
shall provide a written report evaluating the impact of the delay which shall include, at a minimum,
all of the following:
1. a nanative description of the delay and its impact on the cntical path to Substantial Completion of
the Work or a portion of the Work designated by City;
2. a detailed breakdown of the Allowable Costs, if any, sought by Contraclor due to the delay;
ARTICLE 3
GC-28
3.05
3. the number of days of extension sought by Contraclor as an adjustment to the Contract time;
4. a statement that Contractor has complied with the requirements of the General Conditions for
wntten notc€ ol 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 Contaclo/s recommendations for reordering or re-sequencing the Work to avoid or minimize
further delay.
No extension of time or compensation lor damages resulting from delay will be granted unless the
delay affects the timely completion ot the overall Work under the Contract or the timely completion
of a portion of the Work for which a time ot completron is Eecified.
G. The Director will investigate the facts and ascertain the extent of the delay, and his/her findings
thereon shall be final and conclusrve.
H. Failure of the Contractor to give written notice of a delay, or to submit or document a claim for an
extension of time or for damages resultng 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 concunent delays, one compensable and he other excusable,
no compensation other han 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 wifrout consent oI the sureties, shall not release the sureties from their obligations,
which shall remain in full force until the discharge of the Contract.
CUMATIC CONDMONS
A. The Direclor may suspend the Work whenever weather conditions or conditions resulting from
inclement weather are unfavorable tor 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 compensalion.
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 entite the Contractor to an
exlension ol time but not to any other compensation.
C. No extension of time will be granted for suspension of Work unless the suspension atfects the timely
completion of all Work under the Contracl or the timely completion of a portion of the Work for which
a time of completion is specified. Determination that the suspension tor inclement weather conditions
or conditions resulting from inclement weather affects trmely completion and entitles the Contractor
to an extension of trme 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 ol time is granted under this Paragraph 3.05 the Contractor
will be entitled to a one day extension of trme for each day that hdshe is unable to Work at least
one-half of his/hercurrent normal Work day; and il the Work is suspended at the regular starting time
on any Work day and the Contracto/s Workforce is dismissed as a result thereof, then he/she will
ARTICLE 3
GC-29
3.06
be entitled to a one day extension of time whether or not conditions change thereafter and the major
portion of the day is suitable for Work.
COMPLETON AND ACCEPTANCE
A. Upon request by the Contraclor, the Director shall mnduct a final inspection of the Work. lf, in the
Directo/s opinion, Final Completion has been aciieved, the Director will accept ttre Wok by issuing a
'Notice of Completion' ol the Work to the Contractor. Upon the issuance of the Notice of Completion
the Contractor will be relieved from responsibility to protect the Work.
B. Within 15 calendar days after issuing the Notice of Completion, the Director will record the Notice of
Completron wrth the County Recorder.
LIOUIDATED DAMAGES
A. Contnclor and City agree to liquidate damages in the amount of FIVE HUNDRED dollars (9500.00)
per day, with respect to Contracto/s failure to achieve Substantial Completion of he Work within the
Contract lime. The Parties intend for the liquidated damages set torth hecin to apply to this Contract
as sel fortfr in Govemment Code Section 53069.85. lhe Contractor acknowledges and agrees that the
liquidated damages are intended to compensate City solely for the Contracto/s lailure to meet the
deadline for Substantial Completion and shall not excuse Contractor from liability from any other
breach, including any failure o{ the Work to conlorm to the requirements of tite C,ontract Documents.
B. ln the event thal Contraclor fails to achieve Substantial Completion of the Work within the Contract
Time, Contractor agrees to pay City the amount specified in the Contract form for each calendar day
that Substantral Completion is delayed.
C. Contractor and Clty acknowledge and agree that the foregoing liquidated damages have been set
based on an evaluation of damages that the City will incur in the event of late completron of the Work.
Contractor and City acknowledge and agree that the amount of such damages are impossble to
ascertain as of the etfective date hereof and have agreed to such liquidated damages to fix City's
damages and to avoid later disputes. lt is understood and agreed by Contractor that liquidated
damages payable pursuantto this Agreement are nota penalty and that such amount are not manifestly
unreasonable under the circumstances existtng as of he effective date of this Agreement.
D. lt is further mutually agreed that City shall have the right to deduct liquidated damages against progress
payments or retainage and that the City will issue a Construction Change Directive and reduce the
Contract Sum accordingly. ln he event the remaining unpaid Contract Sum is insufficient to cover the
full amount of liquidated damages. Contractor shall pay the difference to City.
[END OF ARTICLEI
ABTICLE 3
GG3O
4.01
ARTICLE 4. CONSTRUCNON SCHEDULES
BASELINE PROJECT SCHEDULE
The Contractor shall submit hidher work Baseline Project Schedule, in electronic as well as hard-ctpy format,
to the Director at the pre.construction meeting showng in detail how the Contraclor plans to exec'ute and
coordinate the Work. The construction schedule shall show the sequence of work, cntical path and estimated
time tor completion of each segment of work. This sc'tredule must be reviewed and accepted by the Director
before he Contractor will be permitted to begin work. ln addition, the Contractor shall submit a detailed schedule
forecasting two (2)weeks ol work describing each day's work. This schedule shall be updatd and submitted to
the City every other Monday during the construction period. lhe Contractor shall give rE hours notice to the City
Engineer prior to the start of the work.
A.Format
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 descnption of each actvity code. The Baseline Project Schedule shall be based on and
incorporate contract milestone and completion dates specified in he C,ontract Documents. lt shall
depict events,lobs, and their intenelationships and shallrecognize the progress frat must be made
on one task before subsequent tasks can begin. The schedule shall be comprehensive and shall
include all logical interdependencies and interactions required to perform the Work of the Prqect.
Overalltime of completion and trme of completion foreach milestone shown on the Schedule shall
adhere to the specified Contract Tlme, unless an earlier (advanced) time of completron is
requested by ContEctor, agreed to by the Ci$ and formalized by Change Order.
Contractor shall use the latest version of Microsoft Prqect or equivalent software agreed to by
the parties.
The City will review the submitted Baseline Project Schedule for conformance with these
scheduling requirements. Wrthin fourteen (14) calendar days after receipt, the City will accept the
proposed Baseline Prqect Schedule or will return it with comments. ll the proposed Baseline
Project Schedule is accepted by the Crty, it shall be deemed part ol the Contract Documents. lf
the Baseline Project Schedule is not accepted by City, Contractor shall revise the Baseline Projec{
Schedule, in accordance with the recommendations of the City, and re-submit same for
acceptance, no later than seven (7) calendar days after receipt of sad recommendatron.
Arceptance of Baseline Project Schedule by City, failure to include an element of work, or
inamuracy in Baseline Project Schedule shall not relieve Contractor from fie responsibility for
accomplishing the Work in accordance with the Contract Documents.
Float
'1. Critical Work activrties are defined as Work actiuties which, if delayed or extended, will delay the
scheduled completion of the milestones and/or time of completion. All other Work activities are
defined as non-critical Work activities and are considered to have float. Float is defined as the
time that a non-critical Work activity can be delayed or extended without delaying the scheduled
completion of the milestones and/or time of completion. Float is considered a Project resource
available to either party or both parties as needed. Once identified, Contractor shall monitor,
account for, and maintain float in accordance with Critical Path Methodology.
ARTICLE 4
4.
5.
B.
c.
2. Delays of any non-critical Work shall not be the basis for an extension of Contract Tlme until the
delays consume all float associated with that non{ritical Work activity and cause *!e Work activity
to become cntical.
3. lt is acknowledged that City-caused time savings (i.e., cntical path submittal reMews retumed in
less time than allowed by the Contract Documents, approval of substitution requests which resutt
in a savings of time for Contractor, etc.) create shared float. Accordingly, City+aused delays may
be offset by Citytaused time savings.
Weather (Ihis section applies only to proiects of one (1) year duration or longer)
The completion time contemplated by this Contract anticipates five (5) losl days Wok Days) due to
normal weather conditions annually and prorated for any duration less than twelve months. only
unusual or extreme weather mnditrons, as determined by the National Oceanic and Arnospheric
Administration, forthelime of yearwillbe considered asJustilicatron foran extension of timeto complete
the Prolect, and only after the five (5) weather days have been utilized. Annual weather days are not
cumulative, and unused days shall become Iloat" for the benelit of the poect, and the schedule
adjusted accordingly. The use ot weather days by the Contraclor shall be subject to all the condrtions
ol claim for an extension ol time. The Contractor shall notify the Crty in writing wi$in ten (10) days of
the commencement of each rain event.
Early Completion
!\lhile the Contractor may schedule completion of the Polect earlier han the date established by the
Contact Documents, no additional compensation shall become due the Contraclor for the use ol tloat
lime between the Contracto/s prqected eady completion date and the date foI Substantial Completion
established by the Contract Documenls, unless an earlier (advanced) time ol mmpletion is requested
by Contractor, agreed to by the C y, and formaltzed by Change Order.
SCHEDULE UPDATES
Wth each Application for Payment submitted by Contractor (other than he final Application for
Payment), the Contractor shall subm{t to the City an updated Prqect Schedule revised lo indicate he
Work completed, status of Wok in progress, all progress slippages, conective actions taken, or
slippage carry-over, lor all anticipated delays or difticulties, and all other intormation required to
accurately present the actual $atus of the progress of the Work as of the date ot the Application for
Payment. ll the Contractor does not submrt an updated Prqect Schedule with an Application tor
Payrnent, City may withhold payment, in whole or in part, until the updated Project Schedule is
submitted. ln the event that an update to the Prolect Schedule indicates a delay to the Contracl l'ime
the Contractor shall propose an atfirmative plan to corect each such delay, including overtime and/or
additional labor, i{ necessary. ln no event shall any Proiect Schedule update constitute an adjustment
in the Contract Time, any deadline, or the Contract Sum unless any such adiustmeni is agreed to by
the City and authorized pumuant to Change Order or Work Directle.
At no time shall histoncal data contained within the updated Poject Schedule (i.e. completed activities)
be removed and/or altered in any way. This historical data is to be preserved wrthin each of the updated
Proiect Schedules and submitted with the final schedule update to reflect the actual start and finish
dates for eactr activity rvithin the Schedule.
Any work stoppages within individual work activities that exceed seven (7) calendar days in duration
shall be clearly indicated within the updated Poject Schedule. ln cases where unplanned activity work
ARTICLE 4
B.
C
4.03
stoppages exceed seven (7) calendar days activities shall be added to the Project Schedute to clearly
indicate the work stoppage period and identify forecasted resumption and completion of the activity
where work has stopped. Contractor shall dearly note all schedule revisions when Prolect Schedule
updates are submitted, as required in this Paragraph 4.02 above.
NONCOMPENSABLE EXTRAORDIMRY MEASIJRES
A. Should the City determine, in its sole iudgment, that the performance ot the Work has not progressed
to the level of completion required by the Contract Documents, City shall have the right to order the
Contractor to take corrective measures to expedite the progress o, construction, at no additional cost
to the City, including, without limitation, he followng:
1. Working additional shilts of overtime.
2. Suppllng additional manpower, equipment, and/or lacilities.
3. Heschedule ac{rvities to maximize practical concunence ol amomplistlment of ac{vrties.
4. Submittrng a Recovery Schedule discussed above, for resequencing performance of the Work or
other similar measures.
5. Any other actions that may be necessary to mitigate delays.
B. Such Extraordinary Measures shallmntinue untilthe progress of the Wo* is no longerbehind schedule
and/or reaches the stage of completion required by the Contracl Documents. Contractor shall not be
enttled to an adjusvnent in the Contract Sum in mnnection with the performance of any sudt
Extraordinary Measures required by the City under this Paragnaph. The City may exercise the rights
fumished the City pursuant to this Paragraph as frequently as ttre City deems necessary to ensure that
the Contracto/s perlormance of the Work will mmply with the Contract llme or interim completion
dates set forth in the Contract Documents. lt Contractor or [s Subcontraclors fal to implement or
commence Extraordinary Measures within ten (10) calendar days of City's written demand, City may,
withor. prejudice to other remedies, take corectve action at the expense o{ fie Contractor which shall
reduce the Contract Sum accordingly.
CONDMON OF PAYMENT
Compliance by Contractor with he requirements of the C,ontract Documents pertaining to preparation,
submission, revising and updating ofthe Schedule is a condition precedent to Citfs obligation to make payment
to Contractor ofany or allsums that might otheMise be due to Contractor in the absence of such noncompliance.
Payment by City under circumstances in which City, for any reason,lails or elecls not to assert its right to withhold
payment for noncompliance with this Paragraph shall not be construed as a waiver of $e right to withhold luture
payments on account of such noncompliance or any other noncompliance.
[END OF ARTICLEI
ARTICLE 4
GC-33
5.02
ARIICLE 5. SUSPENSION OR TERMINATION OF CONTRACT
TERMINAIION BY THE CONIRACTOR
A. Contractor shall have the right to terminate its performance of the Contract only upon the occunence
of one of the tollowing:
1. fte Work is stopped for a period of ninety (90) consecutive days hrough no act or fault of the
Contractor, any Subcontraclor, Sub-subcontractor, their agents or employees, or any other
persons or ent ies performing portions of the Work under direcl or indirect contract with the
Contracto( due to:
a. he issuance of an order of a murt or other public authority having jurisdiction; or
b. an act of govemment, such as a declaration ol national emergency making material
unavailable;
and Contractor has given City written notice within ten (10) days of the occunence of such ground
for termination, then fie Contractor may, upon tlirty (30) additional calendar days written notice to
City, unless the reason has theretolore been cured, terminate its performance ol the Work.
2. The Work is stopped for a period of 120 consecutive days though no act or fault of Contractor,
any Subcontractor, Sub-subcontractor, theiragents oremployees, or any other persons orentities
performing portions ol the Work under direct or indirect contract with the Contractor, because the
City has persistenty lailed to pedorm any material obligation under the Contract Documents and
fails to clJre such default wihin ninety (90) days after the receipt of notice from Contractor stating
the nature of such default.
B. lf Contraclor terminates its performance of the Contract in accordance with this Paragraph 5.01, the
City shallpay Contractor for the Wok executed through he date of termination as set forth in Paragnph
5.04t below.
TERMINATION BY IHE CIIY FOR CAUSE
A. Grounds
The City shall have the right to terminate the Contracto/s perlormance ot the Contract, in whole or in
pa(, without liability to City if:
1. Conkactor fails promptly to begin the Work under fie Contract Documents; or
2. Contractor reluses or fails to supply enough properly skilled workers or proper matenals; or
3. Contractor fails to perform the Work in accordance wth the Contract Documents, including
conforming to applicable standards set forth therein in constructlng the Prolect, or refuses to
remove and replace rejected materials or unacceptable Work; or
4. Contractor discontinues the prosecution of the Work (exclusive of work stoppage: (a) due to
termination by City; or (b) due to and during the continuance of a Force Majeure event or
suspension by City); or
AHTICLE 5
GC-34
5.01
B.
5. Contractor fails to resume perlormance of Work which has been suspended or stopped, uthin a
reasonable time after receipt of notice from City to do so or (if applicable) after cessatron of the
event preventing performance; or
6. Any representation or wananty made by Contractor in the Contract Documents or any certificate,
schedule, instrument, or oher document delivered by C,ontractor pursuant to the Contract
Documents shall have been false or materially misleading when made; or
7. Contractor Iails to make payment to Subcontractors or Material Suppliers for matenals or labor in
accordance with the respective Contract Documents and applicable law; or
8. Contractor disregards laws, ordinances, or rules, regulations, or orders of a public authority having
jurisdiction;or
9. Contractor is guilty ol breaci of a provision o{ the Conlact Documents; or
10. Contractor becomes insolvent, is adjudicated bankrupt, or makes a general assignment for the
benefit of creditors and fails lo provide City witr adequate assuranc€s of Contracto/s ability to
satlsly its contractual obligations.
A receiver, trustee, or otherjudicial olficer shallnot have any right, trde, or interest in orto the Contract.
Upon fEt pe6on's appointment, City has, at its option and sole discretion, the right to immediately
canc€l the Contract and declare it null and void.
City's Rights.
When any of the reasons specrfied in Paragaph 5.02-A exist, the City may, in addition to and without
prejudice to any olher rights or remedies of the City, and after giving the Contractor five (5) calendar
days written notice, terminate C,ontractois performance ol he Work, in whole or in part, and may:
1. Take possession of the site and all materials, equipment, tools, construction equipment, and
machinery thereon owned by the Contractor;
2. Withhold from Contractor amounts unpaid hereunderand to offset such amounlsaganst damages
or losses incuned by Crty;
3. Accept assignment of subcontracts from Contrac'tor, at the sole discretion of City, and
4. Finish the Work by lvtalever reasonable method the City may deem expedient.
Upon request of the Contractor, the City shall fumish to the Contractor a detailed accounting of the
costs incuned by the City in finishing the Work.
Costs
lf City's costs to complele and damages incuned due to Contracto/s default exceed the unpaid
Contract balance, the Contractor shall pay the difference to lhe City.
Wrong{ul Termination
lf it has been adjudicated or otherwise determined that City has wrong{ully terminated the Contractor
for cause, then said termination shall be deemed converted to a termination tor convenience as set
ARTICLE 5
GC-35
c.
D.
forth in Paragraph 5.04 and Contracto/s cmedy for wrongful termination in such event shall be limited
to the recovery of the paymenb permitted for termination for convenience as set forth in Pangraph
5.04.
PARTIAL DELMON OR SUSPENSIOI'I OF WORK BY lHE CITY
A. C,ontractor agrees that the City may determine whether any or all of the Work described in the Contract
Documents shall be deleted or performance suspended without electing to terminate the Contracto/s
perlormance underthe C,ontract and without any penalty being incured by the City.
B. Any such partial deletion or sugension of the Work shall in no way void or invalidate the Contract nor
shall it provide Contractor with any basis for seeking paymentfrom City for Work deleted orsuspended
except to the extent such Wok has akeady been performed and is otheMise compensable under the
Contract.
C. The City shallhave the right to later have any suci suspended ordeleted Work performed by Contractor
or others without any penal$ to the City.
D. ln the event of any partial or complete deletion or suspension of Work, the City shallfumish Contractor
with pompt written notice thereol, and the City shall be entitled to take possession ol and have as its
property all Record Documents, Accounling Records, and other data prepared by Contractor or its
Subcontraclors.
E. Suspemion for Conventlence.
1. The Crty may at any time and from time to time, wihout cause, oider tle Contractor, in wnting, to
suspend, delay, or intenupl he Work in whole or in part for such period of ttme as the Cdy may
determtne. Such order shall be specifically identified as a vvo* Suspension Directive" under his
Sectton.
2. Upon receipt of a Work Suspension Directive, C,ontractor shall, at the Crtys expense, comply with
its terms and take all reasonable steps to minimize costs allocable to the Work covered by the
Work Suspension Directive during $e period ot Work sloppage.
3. Within the period of suspension, or such extension to that period as is agreed upon by Contnactor
and the City, the City shalleither cancelthe Work Suspension Directive or delete theWork covered
by such Work Suspension Directrve by issuing a Change Order or Construction Change Directive-
4. lf a Work Su$ension Directive is cancelled or expires, Contractor shall contrnue the Work. A
Change Order or Construction Change Directive will be issued to cover any adjustments of the
Contracl Sum and Contract Time necessarily caused by such suspension. No adjustment shall be
made to he extent:
(a) That performance is, was, or would have been so suspended, delayed, or interrupted by
another cause for which the Contractor is responsible; or
(b) That an equitable adiustment is made or denied under another provision of the Contracl.
F. Suspensions tor Cause
City has the authonty by wntten order to suspend the Work, in whole or in part, without liability to City
for Contracto/s failure to:
ARTICLE 5
GG36
1. Corect conditions unsafe for the Prqect personnel or general public, or
2. Carry out the Contract or
3. Carry out ordeG of City.
G. Responsibilites ot Contractor During Suspension Pedods
During periods that Work is suspended, Contraclor shall continue to be responsible for the Work and
shall prevent damage or iniury to tfie Poject, povide fordrainage, and shallerect necessary temporary
structures, signs or other faolities required to maintain the Project and continue to perform according
to the Contract Documents.
5.04 IERMINATIC'N BY THE CTY FOR COI{VENIENCE
A. Grounds
W-rtrout limiting any rights which City may have by reason of any default by Contraclor hereunder, City
may terminate Contracto/s performance of the Contract, in whole or in part, at any time, for
convenience upon fifteen ( 1 5) calendar days written notice to C,ontractor.
B. Contractor Actions
Upon receipt of such notice, Contractor shall perform the duties required by Paragraph 5.05 below.
At the election of and as directed by ihe City, any or all of the subcontrads and purchase orders
entered in to by Contractor prior to the effective date of termination shall be teminated or shall be
assigned to City.
C. Compensat"on
1. lf the Parties are unable to agree on the amount of a termination settlement, he City shall pay
the Contractor the following amounts:
a. For Work performed before the elleclive date of termination, the total (without duplication ol
any items) of:
i. The cost ol the Work; and
ii. A sum, as overhead and profit on the msl ot the Work, determined bythe City to be
fair and reasonable. ln no event shall Contractor be entitled to recover overhead or
profit on Work not performed.
b. The reasonable costs of settlement of the Work terminated, including:
i. Accounting, clerical, and other e&enses 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,
protection, or dispositon of inrientory.
2. Such payment shall be Contracto/s exclusrve 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
Upon receipt ol such payment, the Contractor and City shall have no further obligations to each
other except for Contracto/s obligations with respect to wananties, representations, indemnity,
maintenance of insurance, and other obligations hat suMve termination or Final Completon as
provided for herein.
3. lt is understood and agreed that no fee, anticipated profit, compensation for lost opportunity msts,
or other compnsation or payment of any kind or character shallbe due orpayable forunperformed
Work regardless of the basis of termination and the inclusion ot this provision within this
subparagraph shall in no way limit its application to termination under this Paragraph.
4. Contractor agrees that each of s submnlracts will reserve for the Contractor lhe same righl ot
termination lor convenience provided by this Paragraph 5.04.
D. No Consequential Oamages
Underno circumstances shallContractor be entitled to anticipatory or uneamed profts ormnsequential
or other damages as a result of a termination or partial terminatron under this Article 5. The payment
to Contraclor determined in accordance ' rith this Article constitutes Contracto/s exclusle remedy for
a termination hereunder.
5,(E CONTRACIOR'S truTIES UPON IEHIIINATION FOR CAUSE OR CONVENIENCE
ll the City terminates Contracto/s performance of Work under the Contract for cause or convenience or if
Contractor terminales a Subconkactor wh the City's approval, Contrac{or shall:
(1) cease performance of the Work to the extent specified in the notice;
(2) take actions necessary or hat the City may direct, for the protecton and preservation of the Work;
(3) settle outstanding liabilities, as directed by City;
(4) transfer litle and deliver to City Work in progress, sp€cialized equipment necessary to perlorm the Work;
(5) submit all Flecord Documents, Accounting Reclrds and other data prepared pursuant to the Contract by
Contractor and/or its Subcontractors, as applicable, to the City with fifteen (15) calendar days after the City's
notice of termination in an organized, usable form, in both hard copy and electroniddigital form, with all items
propedy labeled to the degree ol detail specilied by the City; and,
(6) except for Work directed by City to be perlormed prior to the effective date of termination stated in the notice,
incur no further costs or expenses and enter into no further subcontracts and purchase orders.
No compensation shall be due Contraclor, if any, untrl Contractor complies with the requirements of this
Paragraph.
[END OF ARTICLEI
ARTICLE 5
GC.38
6.04
ARIICLE 6 - CHANGES
CITY'S RIGT{TTO ORDER CHANGES
The City, without invalidating the Contract, may authorize changes in the Work consisting of additions,
deletrons, 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 Conkactor shall perform such changes in the Work according to the applicable requirements
of the Contract Documents.
APPLICABLE PROVISIONS
Changes in the Work shall be performed under applicable provisions of the Contract Documents. The
Contractor shall proceed promptly and diligenlly with the change, unless othemise provided in the Change
Order or Construction Change Directive. lt is of the essence to this Contract that all scope changes in the
Work that form the basis of an adiustment of the Contract Sum or Contract Jime must be authorized in
advance in writing through either a Change order or Construction Change Directive. A change in the Contract
Sum or the Contract Tlme shall be accomplished only by Change Order or Construction Change Directive.
Accordingly, no verbal directions, course ol conducl or dealings between the Parties, express or implied
acceptance of alterations or additions to the Work, or claim that the Conlract has been abandoned or the City
has been unlustly enriched by any alteration or addition to the Work shall be the basis of any claim for an
increase in any amounts due under the Contract Documents or a change in any time pedod provided in the
Contract Documents.
NONCE OF SCOPE CHANGE
Contractor shall submit written notice of any change in scope to the Director if, in the Contracto/s opinion,
any instruction, request, Drawings, Specifications, action, condition, omission, detault, or other situation
occurs that the Contractor believes constilutes a scope change or other matter resulting in Extra Work, for
which Contractor believes it is entitled to an adjustment of the Contract Sum or Contract Time. Such notice
shall be provided prior to performance of the Work affected by such occunence and within seven (7) calendar
days after 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, if any,
requested. The mere presentation of such notice shall not establish the existence of any right by Contractor
to adiustment of the Contract Sum or Contract Time. Failure to provide such timely written notice described
herein shall constitute a waiver by Contractor of the right to any adjustment to the Contract Sum or Contract
Time on account thereof.
CHANGE ORDEHS
A. Computation
Methods used in determining adjustments to the Contract Sum by Change Order may include those
listed in Paragraph 6.06 below.
B. Accord and Satisfuction
Agreement on any Change Order shall be a full compromise and settlement ol all adjustments to
Contract Time and Contract Sum, and compensation for any and all delay, extended or additional
field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment
ABTICLE 6
GC-39
6.01
6.03
productivity, differing Site conditions, construction inter{erences and other extraordinary or
consequential damages (hereinafter called "lmpacts"), including any ripple or cumulative effects of
said lmpacts on the overall Work under the Contract arising directly or indirectly from the
performance of Work described in the Change Order. By execution of any Change Order, Contractor
agrees that the Change order constitutes a complete accord and satisfaction with respect to all
claims for schedule extension, lmpacts, or any clsts of whatever nature, character or kind arising
out of or incidental to the Change Order. No aclion, conduct, omission, product failure or course of
dealing bythe City shall act to waive, modify, change, or alterthe requirement that (i)Change Orde/s
musl 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.
CONSTRUCTION CHANGE DIRECTIVE (FIELD DIRECNVE}
A. A Construction Change Directive shall be used in the absence of total agreement on the terms ol a
Change Order. The City may by Construction Change Directive, without invalidating the Contract,
order changes in the Work within the general scope of the Contract conssting of additions, deletion,
or other revisions, the Contract Sum and Contract Time being adjusted accordingly.
B. lf the Construclion Change Directive provides for an adiustment to the Contract Sum, the adjustrnent
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 Wok involved and advise he City of the Contracto/s agreement or disagreement with
the method, if any, provided in the Construction Change Directive, for determining the proposed
adjustment in the Contract Sum or Contract llme.
D. lf Contractor believes a Conslruction Change Directve constitutes a basis for adiustment to the
Contract Sum or Contract Tlme, then Contractor shall give a Notice of Scope Change provided in
Paragraph 6.03, followed by a submission ot a Change Order Hequest as required by Paragraph
6.08. Contractor shall, if requested by City in such Construction Change Directve or in a subsequent
Construction Change Directive, proceed with the perlormance of the Wo* as described in the
Construction Change Directive. Failure of Contractor to proceed with the performance ol Work, as
described in the Construclion Change Directive shall give the City the right to carry out the Work, as
set forth in Paragraph 2.05.
E. A Constructon Change Directive signed by the Contractor indicates the Contracto/s agreement
therewith, including adjustment in Contract Sum and Contract Time or the method for determining
them. Such agreement shall be effective immediately and shall be recorded as a Change Order.
F. If the Contractor does not respond promptly or disagrees with the method for adlustment in the
Contract Sum, the method and the adlustment shall be determined by the City on the basis ot
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 l\Iark-Ups in accordance with
Paragraph 6.06(E) herein.
ARTICLE 6
GC-40
6.06 PRICING CHA].IGES IN IHE WOBK
A. Alternative MethoG ot Pricing
The amount of any adjustment by Change Order or Construction Change Directive increasing or
decreasing the Contract Sum shall be determined by the Director using one or a combination of the
following methods:
1. Lump Sum. By mutual acceptance ol a lump sum proposal from Contractor properly iEmized
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 deflned in Subparagraph 6.06-E, and shall not include any costs or expense that is not
permitted by the terms of any provision of the Contracl Documents.
2. Unit Pnces. By unit prices contained in Contracto/s original Bid and incorporated in the Contract
Documents or fixed by subsequent agreement between City and Contractor. Unless otherwise
stated in the Bidding Documents, unit prices stated in the Contract Documents or agreed upon
by the County and Contractor shallbe deemed to include and encompass allAllowable Markups.
3. Time and Materials. By calculating the actual Allowable Costs directly incuned, plus a sum for
Allowable Mark-Ups on such Allowable Costs.
4. Deletion of Work. By Unil Prices mntained in Contracto/s onginal Bid and incorporated in the
Contract Documents, or by using the Schedule of Values to determine the value ol the decrease
of the Contract Sum, less the value of any Work performed, plus a reasonable percentage ol
the decrease tor the Contracto/s saved overhead unless the Schedule ol Values allocates
general conditions costs to indivrdual line items, in which case no percentage of the decrease
shall be added. When a change consists ot both addition and deletion of Work, the added costs
and deleted costs shall be calculated separately, and then added together, resulting in the net
costlorthe change. The Allowable Mark-Up shall be applied to this net cost.
B. Contractor Maintenance of Daily Records tor Changes
1. ln the event that Contractor is directed to 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 Contracl 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. Lalgl. 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 ol the actual hours spent in performing the Extra Work, that clearly
diflerentiates 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. EquiDment. A list of Allowable Costs of materials and equipment consumed
in the perlormance of the Extra Work on the day on which such Extra Work is
performed, together with copies of applicable delivery tickets and unit prices lor all
materials and for all equipment used the type of equipment, identificatron number,
ARTICLE 6
GC41
hours o, operation (including loading and transportation) and hourly/daily rates involved
for that day.
c. Other Services or Expenditures- A list of other services and expenditures constituting
Allowable Costs incurred in performance of the Extra Work on the day on which such
Extra Work is performed, along with documentation verifying the amounts thereof in
such detail as Director may require.
2. ln the event that more than one change to the Work is performed by the Contractor in a calendar
day, Contraclor shall maintain separate records of labor, construction equipment, matenals, 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 Contracto/s representation and wananty that all information contained therein is true,
accurate, complete, and relates only to the change referenced therein. All records mantained
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 fon/varded to the Direclor on the day the Work is performed (same day)
for independent verification. The Director shall attempt to review and reconcile costs for
changes on a daily basis- Records not available on the day on which the Extra Work is
performed, such as, but nol limited to, material invoices, shall be submitted as soon as they are
available but not later than five (5) calendar days after the earlier ol the day of delivery or
incorporation of the particular item of Extra Work at the Site.
4. The Director may additionally require authentication of all time and material tickets and invoices
by persons designated by the Director for such purpose. ln the event that Contractor shall fail
or refuse, for any reason, to maintain or make available for inspection, review, and/or
reproduction such records, adjustments to the Contract Sum or Contract Tlme, if any, on account
ol any change to the Work may be deemed waived for that day. Contraclo/s obligation to
mainlain 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 incurred for Extra Work performed that
day. The failure of the Contractor to secure any required authentication shall, if the City elects
in its sole discretion to treat it as such, constitute a waiver by the Contractor of any right to
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 incuned by Contractor
and/or any Subcontractor, regardless ol tier, and necessarily involved in direct performance of the
Extra Work, or in the case of deleted work the actual costs that would have been incuned in
performing deleted work by Contractor and/or any Subcontractor, regardless of tier, and shall be
limited to the following costs:
ABTICLE 6
GC12
1.Labor. Straight-time wages or salaries, and overtime wages and salanes specifically authorized
by City in writing, for emptoyees employed at the site, or at fabrication sites off the site, in lhe
direct performance of the Extra Work or that would have been incuned in the direct performance
of the deleted work, based on the actual cost for wages prevailing locally for each craft or type
of workers at the time the Extra Work is done or the deleted work is ordered eliminated. Labor
cosls for equipment operaloE and helpers shall be reported only when such costs are not
included in the invoice for equipment renlal. The use of labor classification which would increase
the Allowable Cost for Extra Work will not be permitted unless Contractor establishes the
necessity for such additional costs.
Benefils. Payrolltaxes, insurance, health and welfare, pension, vacation, apprenticeship funds
and benefits required by lawlulcollective bargaining agreements for employees on straight-time
wages or salaries, and on overtime wages and salaries specifically authorized by City in writing,
for employees employed at the site, or at fabrication sites off the srte, in the direct perlormance
of the Extra Work or that would have been incurred in the direct performance ol the deleted
work.
Matenals, Consumables. Costs ol matenals and consumable items which are fumished and
incorporated into the Work, as approved by City, or that would have been incorporated into the
Work in the case ol deleted work shall be at the lowest price available to Contractor but in no
event shall such costs exceed competitive wholesale prices obtainable from other
Subcontractors, suppliers, manufacturers and distnbutors in the general vicinity ot the site. lf
City determines, in its discretion, that the cost ol materials is excessive, or if Contractor fails to
fumish satisfactory evidence of the cost from the actual supplier thereol, then in either case the
cost of the materials shall be deemed to be the lowest wholesale price at which similar matenals
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 tor costs or
profits on materials so fumished. Malerial invoices must be included with the extra work report
to obtain payment.
Taxes. Sales taxes on the costs of materials and consumable items described in Paragraph
5.04-C.3 above.
Tool. Equioment Hental. Rental charges {or necessary machinery and Euipment, whether
owned or hired, as authorized in writing by City, exclusive of hand tools, used directly in the
performance of the Extra Work or that would have been used in the direct performance of the
deleted work. Regardless of ownership, such rental charges shall not exceed the houriy rate
derived from the most recently published "Rental Hate Blue Book for Construction Equipmenf
or the "Flental Hate Blue Book for Older Construclion Equipment," as published by K-1 1 1, San
Jose, California, which is in elfect at the time of commencement ol the changed work. The
Contractor shall attach a copy ol the rate schedule to the daily reports required by Paragraph
6.06-8, above. The charges tor any machinery and equipment shall cease when the use thereof
is no longer necessary for the Extra Work or deleted work. No charge shall be allowed for use
of equipment or tools which have a replacement value of 9500 or less. The allowable rental
rates shall include the cost of fuel, power oil, lubrication, supplies, small tools, necessary
attachments, loading, transportation, repairs and mainlenance ot any kind, depreciation,
storage, insurance, and all incidentals. Notwithstanding the provisions of Paragraph 6.06-E
below, no mark-up shall be allowed for overhead, profit or bond premiums for use of equipment
if the equipment is supplied by an equipment rental firm. lf equipment is used intermittently and,
when not in use, could be retumed to its rental source at less e&ense to City than holding it at
the Site, it shall be retumed, unless Contractor elects to keep it at the Site at no expense to City.
ARTICLE 6
GC-43
4.
Costs incurred while equipment is inoperative due to breakdowns, regular maintenance, or for
non-Working Days shall not be allowed. The rental time shall include the time required to move
the equipment to the Work from the nearest available source for rental o, such equipment and
lo retum it to the source. lf such equipment is not moved by its own power, then loading and
transpo(ation will be allowed. Neither moving lime nor loading and transportation costs will be
paid il the equipment is for use on the Prqect unrelated to the Extra Work. All equipment shall
be acceptable to Crty, in good working conditon, and suitable for Bre purpose for which it is to
be used.
6. Hovalties. Additional or saved cosls of royalties due lo the perlormance of the Extra Work or
deleted work.
7. lnsurance. Bonds. Additional or saved costs of iosurance and bonds, provided, however, that
for Extra Work such cosls shall not exceed one percent (1olo) of ltems 1 through 6 above.
Costs Not Allowed
Allowable Costs shall not include any ol the following:
1. Wages, salaries, fringe benefits and payroll taxes of Contracto/s and all Subcontracto/s non-
craft labor (above a Foreman level);
2. Overhead (including home otfice overhead), administrative or general expenses of any kind
including engineering, estimating, scheduling, drafting, detailing, etc., incurred in connection
with Extra Work;
3. Vehicles not dedicated solely for the performance of the extra of deleted work;
4. Small tools (replacemenl value not exceeding $500);
5. Otfice expenses, including secretanaland administrative staff, materials and supplies;
6- On-site and off-site trailerand storage rentaland expenses;
7. Site fencing;
8. Utilities, including gas, electric, sewer, water, telephone, teletax, copier equipment;
9. Computer and data processing personnel, equipment and software;
10. Federal, state ol local business income and lranchise taxes;
11. Losses ol efiiciency or poductivity; and
12. Costs and expenses of any kind or item not specitically and expressly included in Paragraph
6.06-C.
ABTICLE 6
GC44
6.07
E. Allowable Mark-Up
1. Extra Work bv contractor (Markup): The following percentages shall be added to the Contracto/s
costs and shall constitute the markup for all overhead and profits:
Labor
Materials
3310
15%
Equrpment Rental 15./.
Other ltems and Expenditures 15./.
2. Extra Work bv Subcontractor (Markuo): When all or any part of the extra work is performed by a
Subcontractor, the markup provided for the Contractor in 6_06.E.1 shall apply to the
Subcontracto/s aclual costs. A markup of 5% on the subcontracted portion of each extra work
may be added forthe Contraclor.
F. Net Allowable Costs
lf anyone scope change involves both Extra Work and deleted work in the same portion of the Work
and the additive allowable costs exceed the deductive allowable costs, the Allowable Markups on
the Extra Work will be only the diflerence between the two amounts.
CtrY ORIGINATED REQUEST FOR ITEMIZED CHAI{GE ORDER PROPOSAL REQUEST
City may issue a Construction Change Directive or other written request to Contractor describing a proposed
change to the Work and requesting the Contractor submit an itemized change order proposal in a format
acceptable to City within ten (10) calendar days after City issues the request. The Contrac{o/s change order
proposal shall include an analysis of impacts to cost and time, if any, to pertorm additional work, change
Work or delete Work, as applicable, including the effects and impacls, il any, on unchanged Work, estimates
of costs (broken down by the cost categories listed in this Paragraph), and Contractor's proposed methods
lo minrmize costs, delay, and disruption to the performance of the Work. lf Contractor lails to submit a wntten
change order proposal within such period of time, it shall be presumed that the change described in the Citys
original proposal request will not result in an increase to the Contract Sum or Contract Time and the change
shall be pertormed by Contractor without additional compensation to Contractor. Cty's request for itemized
change order proposal request does not authorize the Contraclor to commence perlormance of the change.
lf City desires that the proposed change be pertormed, the Work shall be authorized according to the Change
Order or Constructron Change Directive procedures set forth herein.
CONTBACTOR ORIGINAIED CHANGE ORDER REOUEST (COR)
lf the Contractor believes that instructions issued by the City after the effectve date of the Contract will result
in changes to the Contract Sum or Contract Time or if the Contractor otheruise becomes aware of the need
for or desirability of a change in the Work, Contractor may submit a written Change Order Request ("C0R")
to the City in wnting, 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 specily the reasons for the proposed change, cost
impacts and relevant circumstances and impacts on the Construction Schedule. The document shall be
complete in its descnption of the Work, its matenal and labor quantities and detail, and must support and
justify the costs and credits claimed by the Contractor. A Critical Path Method schedule Fragnet is required
to support and justify any additional time of performance requested by the Contraclor. The City will not review
any COR which is incomplete. The Contractor may request additional compensation and/or time through a
COR but not for instances that occurred more than ten (10) calendar days prior to the notice date. Contracto/s
failure to initiate a COR within this ten-day penod or to provide detailed back-up documentation to
substantiate the COR within thirty (30) calendar days of the initial written notice shall be deemed a waiver of
the right to adiustment of the Contract Sum or the Contract Time for the alleged change. Any COH that is
ARTICLE 6
GC45
approved by the City shall be incorporated in a Change order or Construction Change Directive. lf the COH
is denied but the Contractor believes that it does have merit, the Contractor shall proceed with the disputed
Work and may submit a Claim in accordance with the procedures set forth herein.
6.M ESUANCE OF WORK DIRECTIVE ruNILATERAL).
ln the event of a dispute as to whether or not Extra Work is required, City shall have the right to unilaterally
issue a Work Directive; Contractor shall continue performance of disputed Work pending resolution and shall
maintain and submit to Crty all accounting and cost data necessary to substantiate Contraclo/s cost ol such
disputed Work.
IEND OF ARTTCLEJ
ARTICLE 6
GC-46
7.01
ARTICLE 7. CONTRACT PAYMENTS AND CLAIMS
GENERAL
A. Payment willbe made at the price for each item listed on the bidding form oras Extn Work as provided
in the General Conditions.
B. lnitial progress payment will not be made prior to approval by the Director ol he Schedule of Values,
he Constructon Progress Schedule, and he Schedule of Submittals.
C. No subsequent progress payment will be made prior to receipt by the Director of the monthly revision
of the Construction Progress Schedule.
SCHEIruLE OF VALUES FOB PAYI'ENIS
A. Submission
Upon City's request, the three (3) lowest biddec shall complete and submit a Preliminary Schedule
of Values, within seven (7) calendar days.
ln addition, Contractor shall complete and lumish within seven (7) calendar days after receiving tre
Notice of Award of the Construction Contract a Final Schedule ol Values giving a complete
breakdown of the Contract Sum for each component ol 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 pertormance of the Work. Unless otherwise
specified in the Contract Documents, the Schedule o, 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 categones ol Subcontractor work into separate trade line
items of costs for Subcontractor seMces, 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 |or Contractor overhead, protit and/or contingency
among the individual line items for trade portions of the Work. No amounts shall be reflected in the
Schedule of Values or Application for Payment for Extra Work or Deleted Work for which a Change
Order has not been executed by Contractor and City or for which a Construction Change Directive
has not been issued by City. Amounts that have been mutually agreed to by Change Order or
unilaterally determined by City pursuant to a Construction Change Directive shall be segregated from
the cost of the base Contract Work and separately listed by line item in the Schedule of Values. The
Schedule of Values must be prepared in sutficient detail and supported by sutficient data to
substantiate its accuracy as the Director may require.
Apolications tor Pavment
The Schedule of Values, when approved by the Director, shall be used as a basis for Contracto/s
Applications lor Payment and may be considered as fixing a basis for adjustrnents to the Contract
Sum.
ABTICLE 7
GC47
7.U2
c.
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 incurred
by Contractor, it shall be revised and resubmitted for the Directo/s approval.
7.8 APPLICATIONS FOB PAYMENT
A. Marked Schedule of Values
Five (5) Days prior to the date set forth in Paragraph 7.0$B below forthe monthly progress payment
meeting, Contractor shall submit to Director a copy ol the proposed Schedule of Values, marked to
show the percentage of completion certified by Contractor for each line item in the Schedule of
Values, including any stored materials approved for payment by City pursuant to Paragraph 7.03-0,
below and any withholdings from Contractor proposed by Director.
B. llonthly Review
For the purpose ol epediting the progress payment procedure, Contractor shall me€t with the
Direclor on or before the twentieth (20th) day of each month to review the Contrac{o/s marked
Schedule of Values prepared in accordance with Paragraph 7.03-A, above. The Director shall revise
as appropriate and sign he marked Schedule of 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 efforts to resolve the disputed items with the Director before submitting its Application
for Payment. lt the Director and Conlractor cannot agree, then the percentage completion shall be
established at such percentage as the Director, in good failh, determines is appropriate to he actual
progress of the Work. No inaccuracy or error in tre Director's good faith estimate shall operate to
release Contractor or Surety from any responsibility or liability ansing from or related to perlormance
of the Work. The Direclor shall have the right subsequently to correct any enor and dispute any item
submitted in Contracto/s Application for Payment, regardless of whether an item was identified as
disputed in the review process provided for herein.
C. Certification
Each Application for Payment shall be signed and certified by Conlractor under penalty of perjury to
City that:
1. the data comprising the Application for Payment rs accurate and the Work has progressed to
the point indicated;
2. to the best of Contracto/s knowledge, information and belief, the Work is in accordance with the
Contract Documents;
3. Contractor is entitled to payment in the amount certlfied; and
4. all sums previously applied for by Contractor on account of Work performed by Subcontractors
and that have been paid by City have been paid to the Subcontractors performing such Work,
without any retention, withholding or backcharge by Contractor.
ARTICLE 7
GC-48
7.04
D. Stored Materials
Payments may be made by City, at its discretion, on account of matenals or equipment not
incorporated into the Work but delivered on the ground at the Site and suitably stored by Contractor
or slored off-Site underthe control of City. Such payments shall only be considered upon submission
by Contractor of satisfactory evidence that it has acquired title to same, that the materialor equipment
will be utilized in the Work and that the material is satislactorily stored, protected and insured, and
that such other procedures are in place 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 otheMise specilically approved by City in writing, be stored in a bonded
warehouse, fully insured, and available to City lor inspection. City shall have sole discretion to
determine the amount of material and equipment that may be stored on the Site at any given time.
PROGRESS PAYMET{IS
A. Conditions to Progress Paymenls
Contraclor shall submit its Application for Payment to the Director, using such forms as required by
City, once a month on or before the lirst (lst) Day of the month following the month in which the
Work that is lhe subject of such Application for Payment was performed. Without limitation to any
other provisions of the Contract Documents, the following shall be conditions precedent to a proper
submission and to the Director approval ol each Application for Payment:
1. submission o{ a Schedule of Values that reflects lhe percentages of completion either agreed to
or determined by Director in accordance with Paragaph 7.03-8, above;
2. submission ol the Contracto/s ce fication required by Pangraph 7.03-C, above;
3. submission of conditional releases of stop notice, if any, and bond rights upon progress
payment, complying with Califomia Civil Code Section 8132, for all Work performed during the
time period covered by the current Application for Payment, signed by Contracior, its
Subcontractors of every tier, and all material suppliers to each, and (2) forms of unconditional
release of stop notice and bond rights upon progress payment, complying with Calilornia Civil
Code Section 8134 for all Work pertormed during the time period covered by the previous
Application for Payment, signed by Contractor, rts Subcontractors ol every tier and all material
suppliers to each;
4. compliance by Contractor with its obligation for maintenance of As-Builts as required by the
Contract Documents;
5. compliance by Contractol with its obligation for submission of monthly and daily reports as
required by the Contract Documenls;
6. compliance by Contractor with its obligations for submission ol scheduling informatiofl and
updating ol the Construction Schedule as required by Article 4, above and other provisions of
the Contract Documents pe(aining to preparation or updating of schedule information;
7. submission of certified payroll records as required by the Contract Documents;
ABTICLE 7
GC49
8. submission of certifications by Contractor and each Subcontraclor as required by applicable
collective bargainrng agreements certifying that all employee beneflt contributions due and
owing pursuant to any applicable collective bargaining agreemenl have been paid in full; and
9. compliance by Contractor with all of its other obligations for submission of documentation or
performance of mnditions which, by the terms of the Contraci Documents, constitute conditons
to Contracto/s right to receive payment for Work performed.
Payments by City
Pursuant to Califomia Public Contract Code Section 20104.50, City shall make progress payment ol
undisputed sums due within thirty (30) Days after receipt by Director ol an undisputed and properly
submitted Application tor Payment, calculated on the basis of ninety{ive percent (95%) ol value
determined pursuant to Paragraph 7.03-B above of the following:
1. the portion of the Work permanently installed and in place;
2. plus, the value of materials delivered on the ground or in storage as approved by City pursuant
to Paragraph 7.0$D, above,
3. less, the aggregate of previous payments, and
4. less, any other withholdings authorized by the Contract Documents.
Heiection by City
Any Application for Payment determined not to be undisputed, proper and suitable for paymenl shall
be retumed to Contractor as soon as practicable, but not later than seven (7) Days, after receipt by
City accompanied by an written explanation of the reasons why the payment request was rejected.
Failure by City or Direclor to erther timely reject an Application for Payment or specity any grounds
for rejection shall not constitute a waiver ol any rights by City. Applications for Payment that are
rejected shall be conected and resubmitted within seven (7) Days after receipt by Contractor.
lnterest
ll City fails to make a progress payment to Contractor as required by Paragraph 7.04-8, above, City
shall pay interest to Contractor equivalent to the legal rate set torth in subdivision (a) of Calilomia
Code ol Civil Procedure Section 685.010. The number of Days available to City to make payment
pursuant to Paragraph 7.04-8, above without incurdng interest pursuant to this Paragnph shall be
reduced by the number of Days by which City exceeds the seven (7) Day retum requirement
applicable to City as set forth in Paragraph 7.04-C, above.
FINAL PAYMENT
A. Retention
ln addition to withholdings permrtted by Paragraph 7.09 betow, a sum equal to five percent (S%) of
all sums otheMise due to Contractor as progress payments shall be withheld by city pursuant to
Paragraph 7.04-B from each progress payment ('Retention') and retarned until such time as it is due
as described herein. A higher Retention amount may be approved by the City Council where project
is deemed "substantially complex'by City Council. Conditions to Final payment
ARTICLE 7
GC-50
D.
7.05
B.
Contractor shall submit its Application for Final Payment, using such forms as required by Director,
prior to requesting a final inspection ol the Work in accordance with Paragraph 3.06 above. Such
Applicalion for Final Payment shall be accompanied by all the following:
1. an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected
with the Project for which City or City's property or lunds might be liable have been paid or
otherwise satisfied;
2. Conkactor's certificatron as required by Paragraph 7.03-C, above;
3. consent of surety, if any, to Final Payment;
4. a certificate evidencing that the insurance required by the Contract Documents is in force;
5. Conditional Waiver and Release Upon Final Payment in the form required by Califomia Civil
Code Secton 8136 executed by Contractor, all Subcontraclors of every tier and by all material
suppliers ol each, covering the final payment period;
6. Unconditional Waiver and Flelease Upon Progress Payment in the rorm required by Calilomia
Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all
material suppliers of each, covering the previous payment period;
7. all Hecord Documents (including, without limitation, complete and accurate As-Built drawings
which shall be kept up to date during the pertormance of the Work);
8. documentation that Contractor has inspected, tested, and adiusted performance if every system
or facility ol lhe Work to ensure that overall performance is in compliance with the terms of the
Contract Documents;
9. four (4) copies of all 'rvananties
'rom
vendors and Subcontractors, operation and maintenance
manuals, instructions and related agreements, and equipment cedifications and similar
documents;
10. certifications by Contractor and each Subcontractor as required by applicable collective
bargaining agreements that all employee benetit contnbutions due and owing pucuant to any
applicable collective bargaining agreement have been paid in full;
11. releases of rights and claims relating to patents and trademarks, as required by the Contract
Documents; and
12. any other documents or infomatlon required by the Contract Documents as a condition of Final
Payment or Final Completion.
Final Payment
Pursuantto the Public Contract Code Section 7107, within sixty (60) Days after City issues the Notice
of Completion to ContEclor, the Final Payrnent, including Retention, shall be released to Contractor,
subject to the Citys right to withhold 150o/o of any disputed amounts.
ARTICLE 7
7.06
C. Disputed Amounts
Pursuant to Calilomia Public Contract Code 7107, Cilt may deduct and withhold from the Final
Payment due under Paragraph 7.05-C, above, an amount up to 150% ol any disputed amounts,
including, without limitation, amounls to protect City against any loss caused orthreatened as a result
of Contracto/s failing to lully perform all of those obligations that are required to be fulfilled by
Contractor as a condition to Final Completion and Final Payment. Altematively, City may elect, in its
sole discretion, to accept the Work without correction or completion and adjust the Contract Sum
pursuant to the Contract Documents.
D. Acceplance of Final Payment
Acceptance of Final Payment by Contractor shall constitute a waiver ot all rights by Contractor
against City for recovery of any loss, excepting only hose Claims thal have been submitted by
Contractor in the manner required by the Contract Documents prior to or at the time of the Final
Payment.
MlSCEtl-Al'IEOUS
A Joint Payrnent
City shall have the right, it deemed necessary in its sole discretion, to issue joint drecks made
payable to Contractor and any Subcontracto(s) of any Tier. The joint check payees shall be solely
responsible forthe allocation and disbursement ol funds included as part of any such ioint payment.
Endorsement on such check by a payee shall be conclusively presumed to constitute receipt ol
payment by such payee. ln no event shall any joint check payment be construed to create any
contract between City and a Subcontractorof anyTier, any obligation from City to such Subcontractor
or any third party rights against Cig or Director.
B. Withholding/Duty to Proceed
The payment, withholding or retention of all or any portion ot any payment claimed to be due and
owing to Contraclor shall not operate in any way to relieve Contractor from its obligations under the
Contract Documents. Contractor shall continue diligently to prosecute the Work without reference
to the payment, withholding or retention of any payment. The partial payment, w hholding or
retention by City in good .taith of any disputed portion of a payment, whether ultimately determined
to be conectly or incorreclly asserted, shall not constitute a breach by City of the Construction
Contract and shall not be grounds for an adiustment of the Contract Sum or Contract Time.
C, No Acc€ptanc€
No payment by City or partial or entire use ot the Work by Crty shall be construed as approval or
acceptance of the Woft, or any portion thereof.
D. Contractor Payment Warranty
Submission of an Application for Payment shall constitute a representation and wananty by
Contractor that:
1. Title to Work covered by an Application tor Payment will pass to City either by incorporation into
the construction or upon receipt of payment by Contractor, whichever occurs first; and
ABTICLE 7
GC-52
7.07
2. Work covered by previous Applications for Payment are free and clear of liens, stop notices,
claims, security interests or encumbrances imposed by the Contractor or any other person'
E. Corrections
No inaccuracy orenor in any Application lor Payment provided by Contractor shalloperate to release
Contractor from the enor, or trom losses arising trom the Work, or from any obligation imposed by
the Contract Documents. City retains the right to subsequently correct any enor made in any
previously approved Application for Payment, or progress payment issued, by adjustments to
subsequent payments.
PAYMENTS BY CONTFACTOR
Contractor shall not include in its Applications for Payment sums on account of any Subcontracto/s portion
ol the Work that it does not intend to pay to such Subcontractor. Upon receipt of payment from City, Contractor
shall pay the Subconlractor perfoming Worft on the Proiect, 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 accordance
with the terms of its contract with Contractorand applicable laws, including, without limitatron, Califomia Public
Contracl Code Section 7107. Contractor shall remain responsible notwithstanding a withholding by City
pursuant to the terms ol these Contract Documents, to promptly satisfy from rts own Iunds 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. Crty shall have no obligation to pay or be responsible in any way for
payment to a Subcontractor of any trer or material supplier.
PAYMET{TS WTHHELD
A. Withholding by City
ln addition to any other amounts which City may have the right to retain under the Contract
Documents, City may withhold a sutlicient amount of any payment otheMise due to Contractor as
City, in its sole discretion, may deem necessary to cover actual or threatened loss due to any of the
following:
1. Third Party Claims- Third-party claims or stop notices tiled or reasonable evidence
indicating probable filing of such claims or stop notices. City shall promptly intorm
Contractor of any third party claims related to this Contract.
2. Delective Work. Defective Work not remedied;
3. Nonpayment. Failure of Contractor to make proper payments to its Subcontractors for services,
labor, materials or equipment;
4. Inability to Complete. Reasonable doubt that the Work can be completed for the then
unpaid balance of the Contract Sum or within the Contact Time;
5. Violation of Applicable Laws. Failure of Contractor or [s Subcontractors to comply wrth
applicable laws or larvlul orders of govemmental authorities;
ARTICLE 7
GC53
7.08
B.
c.
6. Penalty. Any claim or penalty asserted against City by virtue of Contracto/s failure to comply
with applicable laws or lalvful orders of governmental authorities (including, without limitation
labor laws);
7. Failure to Meet Contract Time. Any damages which may accrue as a result of Contractor failing
to meet the Construction Schedule or failing to perform within the Contract Time;
8. Setoff. Any reason specified elsewhere in the Contract Documents as grounds for a withholding
otfset or set oft or that would legally entitle City to a set-off or recoupment;
9. Consultant Services. Additional professional, consultant or inspection services required due to
Contracto/s lailure to comply with the Contract Documents.
10. Liquidated Damages. Liquidated damages assessed against Contractor
1 1. Matenals. Materials ordered by City pursuant to the Contract Documents.
12. Damages. Loss caused by Contractor or Subcontractor to City, Separate Contrac'tors or any
other person or entity under contract to City.
.13. Clean Up. Clean up performed by City and chargeable to Contractor pursuant to the Contract
Documents.
'14. Employee Benefits. Failure of Contraclor to pay contributlons due and owing lo employee
benefits tunds pursuant to any applicable collective bargaining agreement or trust agreement.
15. Required Documents. Failure of Contractor to submit on a timely basis, proper and sufficient
documentation required by the Contract Documents, including, w hout 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 ofthe Contract Documents.
Helease of Withholding
lf and when City determines, in its sole discretion, that the above grounds for withholding have been
removed and that all losses incuned orthreatened have been paid, credited or othenrise satisfied, then
payment shall be made for amounts withheld because of them.
Application of Withholding
City may apply sums withheld pursuant to Paragraph 7.08-A above, in payment of any loss or
threatened loss as City determines, in its sole discretion, to be appropriate. Such payments may be
made without a 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 Iiable to Contractor for such payments made in good faith. Crty shall submit to Contractor an
accounting ol such funds disbursed on behal{ of Contractor. As an altemalive to such payment, city
may, in its sole discretion, elect to exercise its right to adjust the Contract Sum as provided in the
Contract Documents.
ARTICLE 7
GC-54
7.09
D. ContinuousPerformance
Provided City pays the undisputed portion, if any, ol funds withheld in good taith, Contractor shall
maintain continuous and unintenupted performance of the Work during the pendency of any disputes
or disagreements with City.
SUBS1TNMON OF SECUHMES
A. Public Contract Code
Pursuant to the requirements ol Califomia Public Contract Code Section 22300, upon Contracto/s
request, City will make payment to Contractor of any Iunds withheld from payments lo ensure
performance under the Contract Documents if Contractor deposits witr City, or in escrow wilh a
Califomia or federally chartered bank in Califomia acceptable to City ("Escrow Agent'), securities
eligible for the investment ol State Funds under Govemment C,ode Section 16430, or bank or savings
and loan certificates ol deposit, interest-bearing demand deposit accounts, slandby letters of credit, or
any other security mutually agced to by the Contrac{or and the City, upon the following mnditions:
1. Contractor shall be the beneficial owner or any securities substituted for monies withheld for the
purpose of receiving any interest thereon.
2. All expenses relating to the substitution ol 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 shail be the responsibility of Contractor.
3. Securities or certificates ol deposit substituted for monies withheld shall be ol a value of at least
equivalent to the amounts ol retention to be paid to Contraclor pursuant to the Contract
Documents.
4. lf Contractor chooses to deposit securities in lieu ol 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 Citfs form, 'Escrow Agreement for Deposit ol Securities in Lieu ol
Hetention.'
5. Contactor shall obtain the written consent of Surety to such agreement.
6. Securities, il any, shall be retumed to Contractor only upon satisfactory Final Complelion ol the
Work.
B. Substitute Security
To minimize the expense caused by such substitution of secunties, Contractor shall, prior to or at the
time Contractor requesls to substrtute security, deposrt suflicient secunty to cover the entire amount to
be withheld. Should the current market value ol such substituted security tall below the amount for
which it was substituted, or any other amounts which the City withholds pursuant to the Contract
Documents, Contractor shall immediately and at Contracto/s expense and at no cost to City deposit
additional security qualilying under Public Contract Code Sec{ion 22300 until the cunent market value
of the total security deposited is no less than the amounl subiect to withholding under the Conkact
Documents. Securitres shall be valued as often as conditions of the securities market wanant, but in
no case less frequently than once per month.
ABTICLE 7
GC-55
c.Deposit of Retentions
Altematively, subject to the conditions set forth in Paragraph 7.04-A above, upon request of
Contractor, City shall make payment of relentions 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 ol Contractor and at no cost to City, Contractor may direct the investment of the
payments into securities and interest beanng accounls, and Contractor shall receive the interest
eamed on the investments. Escrow Agent shall hold such direct payments by Cty under the same
terms provided herein for securities deposited by Contractor. Upon satistactory Final Completion of
the Work, Contractor shall receive from Escrow Agent all securities, interest and payments received
by Escrow Agent from City, less escrow fees and charges of the Escrow Account, according to the
terms of Public Contract Code Section 22300 and the Contract Documents.
Time lor Election ol SubsiiMion of Securitbs
Notwithstanding the povision of 7.04 A, B, and C above and Califomia Public Contract frde Seclion
22300, the failure of Contraclor to requestthe Substitution of eligible securitiestor monies to be withheld
by City within ten (10) days of the award of Contract to Contractor shall be deemed to be a waiver of
all such rights.
D.
7.10 CLAIMS
A. Arising of Claim.
1. Scope Change. When Contractor has a claim for an increase in the Contract Sum or Contract
Time due to a scope change which has not yet become final, a "claim" will be deemed to arise
once the Director has issued a decision denying, in whole or in part, the Conkacto/s Change
Order Request.
2. Other Claims. ln the case of a Claim by Contractor that does not involve an adjustment to the
Contract Sum or Contract Time due to a scope change and which has not become linal, the
Claim may be asserted if, and only if, Contractor gives written notice to City ol intent to file the
Claim within three (3) days of the date of discovery relative to such circumstances (even if
Contractor has not yet been damaged or delayed). Such written notice of intent to file a Claim
shall be valid if, and only if, it identifies the evenl or condition giving rise to the Claim, states its
probable effect, if any with respect to Contracto/s entitlement to an adiustment of the Contract
Sum or Conlract Tlme and complies with the requirements of Paragraph 7.11-8, below. For
purposes of this Paragraph 7.11, a Claim for which such wntten notice is required and has been
given by Contractor shall be deemed to arise on the date that such written notice is received by
City
B. Content ol Claim
A Claim by Contractor must include all of the following:
1. A statement that it is a Claim and a request for a decision on the Claim;
2. A detailed description of the act, enor, omission, unforeseen condition, event or other
circumstance giving rise to the Claim.
ARTICLE 7
GC-56
4.
lf the Claim involves an adiustment to the Contract Sum or Contract Time due to a change in
scope, a statement demonstrating that all requisite notices were provided, including, without
limitation, timely written notice and a Change Order Hequest as required by Article 6 of these
General Conditions and timely notice ol delay and request for extension of time in accordance
with Article 3. lf the Claim does not involve an adjustment to the Contract Sum or Contract Tlme
due to a change in scope, a statement demonstrating that a notice of intent to file the Claim was
timely submitted as required by Paragraph 7.10-A.2, above;
A detailed justification for any remedy or relief sought by the Claim including without limitation,
a detailed cost breakdown in the form' required tor submittal of Change Order Requests and
actualjob cost records demonstrating that he costs have been incurred;
ll the Claim involves a request for adjustment of the Contract Time, wntten documentation
demonstrating that Contractor has complied with the requiremenls of the Contract Documents
and written substantiation (including, without limitation, a Tlme lmpact Analysis) demonstrating
that Contractor is entitled to an extension of time under the Contract Documents; and
A written certification signed by a managing officer of Contracto/s organization, who has the
authority to sign contracts and purchase orders on behalf ol Contractor and who has personally
investrgated and confirmed the kuth and acculacy of the matters set forth in such certification,
in the lollowing form:
"l hereby certify under penalty o{ perjury that I am a managing officer of (Contracto/s name) and
that I have reviewed the Claim presented herewith on Contracto/s behalf and/or on behall of
(Subconlracto/s name) and that, to the best of my knowledge after conducting a diligent inquiry
into the facts of the Claim, the {ollowing statements are true and correct:
The facts alleged in or that form the basis for the Claim are, to the best of my knowledge
following diligent inquiry, true and accurate; and,
(a) I do not know ot any facts or circumslances, not alleged in the Claim, that by
reason ol their not being alleged render any fact or statement alleged in the Claim
materially misleading; and,
(b) I have, with respect to any request for money or damages alleged in or that forms
the basis for the Claim, reviewed the job cost records (including those maintained
by Contractor and by any Subcontractor, of any tier, that is asserting all or any
portion of the Claim) and confirmed with reasonable certainty that the losses or
damages suffered by Contractor and/or such Subcontractor were in fact suffered
in the amounts and for the reasons alleged in the Claim; and,
(c) I have, with respecl to any request for extension of time or claim of delay,
disruption, hindrance or interference alleged in or that forms the basis for the
Claim, reviewed the job schedules (including those maintained by Contractor and
the Subcontractor, of any tier, that is asserting all or any portion of the Claim) and
confirmed on an event-by-event basis that the delays or disruption sutfered by
Contractor and/or such Subcontractor were in fact experienced for the duratlons,
in the manner, and with the consequent effecls on the time and/or sequence of
performance of the Work, as alleged in the Claim; and,
ARTICLE 7
GC-57
6.
I have not received payment lrom City for, nor has Contractor previously released
City from, any portion of the Claim.'
Signature:
Name:
Trtle:
C,ompany
Noncompliance
Failure to submit any of the information, documentation or certificatrons required by Paragraph 7.10-
B, above, shall result in the Claim being returned to Contractor without any decision.
Submission of Claims
1. Director. Claims shall be first submitted to the City lor decision by the Director.
2. Continuous Work. Notwithstanding the making of any Claim or the exislence of any dispute
regarding any Claim, unless otheffise directed by City, Contractor shall not delay, slow or stop
perlormance of the Work, but shall diligently proceed with performance in accordance with the
Contract Documents and City will continue, to make undisputed payments as by the Contract
Documents.
3. Time for Filino. All Claims and supporting documentation and certilicalions must be filed within
thirty (30) days after the Claim arises. No Claims shall be Iiled 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.
Hesponse to Claims, Meet and Confer
1. Claims less than $50,000. Claims less than $50,000 shall be responded to by City in writing
lvithin torty-five (45) days of receipt of the Claim, unless City requests additional information or
documentation of the Claim within thirty (30) days ot receipt ol the Claim, in which case City
shall respond to the Claim within tifteen (15) days after receipt of the further information or
documentation or within a period of time no greater than that taken by Contractor in producing
the additional information or documentation, whichever is greater.
2. Claims $50,000 or more. Claims $50,000 or more shall be responded to by City in writing within
(60) days of receipt of the Claim, unless City requests additional information or documentation
of the Claim within thirty (30) days ol receipt of the Claim, in which case City shall respond to
the Claim within thirty (30) days after receipt of the fu(her 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
GG58
(d)
c.
D.
E.
F.
3. Meet and Confer. lf Contractor disputes City's response, or if City fails to respond within the
prescribed time set forth in Paragraph 7.10-E.1 and 7.10-E.2, above, Contractor may so notify
City, in writing, within lifteen (15) days of City's response, or within fifteen (15) days ol City's
response due date in the event of a failure to respond, and demand an inlormal conlerence 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 ol the dispute.
Finality ot Decision
lf Contractor disputes the Director's decision under this Article, it shall commence the Dispute
Resolution Process as set forth in Article 15 ol these General Conditions by filing a Statement of
Dispute within seven (7) days after receipt of the Directo/s response.
Continuing Contract PerformancdDuty to Proceed with Dispded Wo*
Contractor shall not delay or postpone any Work peoding resolution of any claims, disputes or
disagreements. Pending final resolution of a claim, the Contactor shall proceed diligently witit
performance of the Contract and the Cfty 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 Conkaclor shallcontinue performance pending resolution of the
dispute and shall maintain the accounting and cosl data to substantiate the cost of such disputed work.
IEND OF AHTICLE]
ARTICLE 7
GC.59
G.
8.02
8.03
8.04
ARTICLE 8 - MATERIALS AND EOUIPMENT
GENERAL
A. The Contractor shallfumish all materials and equipment needed to completethe Work and installations
required under the terms of this Contract, except those materials and equipment specified to be
Iumished by the City.
B. The Contractor shall submit satisfactory evidence thatthe materials and equipment to be furnished and
used in the work are in compliance with the Specifications. Matenals and equipment incorporated in
the Work and not specifically covered in the Specifications shall be the best of lheir kind. Unless
otherwise specified, all malerials and equipment incorporated in the Work under $e Contracl shall be
new.
QUAI]TY AND WORKMANSHIP
All matenal and equipment lumished by he Contractor shall be new, high grade, and free from defects and
imperfections, unless otherwise hereinalter Eecffied. Workmanship shall be in accordance with the best
standard practices. All materials and equipment must be of the Eecilied quality and equal to approved samples,
il samples have been required. All Work shall be done and completed in a thorough, workmanlike manner,
notwithstanding any omission from the Specifications or Drawings, and it shall be the duty of the ContElclor to
call attention to apparent enors or omissions and request instruclions before proceeding with the Work. The
Director may, by appropriate instructlons, conect enors and supply omissions, which instructions shall be binding
upon the Conlractor as though contained in he original Specifications or Drawings. AllWork performed under
the Specitications will be inspected by he Director as provided in Paragraph 8.04. All materials and equipment
fumtshed and allWork done must be sahsJactory to the Director. Work, matenal, orequipment not in accordance
with the Specifications, in the opinion of the Director shall be made to conform thereto. Unsatisfactory materials
and equipment will be rejected, and if so ordered by the Director, shall, at the Contractot's epense, be
immediately removed from the vicinity ol he Work.
TRADE NAMES AND'OR APPROVED EQUAL' PROVISION
Whenever in the Specificatrons or Drawings the name or brand of a manufactured article is used it is intended
to indicate a measure of quality and utility or a standard. Except in those instances where the product is
designated to malch others in use on a particular improvement e her completed or in the course of completion,
the Contractor may substltute any other brand or manufaclure of equal appearance, qual y, and utility on
approval of the Director, provided the use of such brand or manufacture invdves no additional cost to the City.
APPROVAL OF MATERIALS
A. The Contractor shall fumish without additional cost to the City such quantities of constructlon materials
as may be required by the Director for test purposes. He/she shall place at the Directo/s disposal all
available facilities for and cooperate with him in the sampling and testing of all materials and
wo*manship. The Contractor shall prepay all shipping charges on samples. No samples are to be
submitted with the bids unless otherwise specrfied.
B. Each sample submitted shall be labeled. A letter, in duplicate, submithng each shipment ol samples
shall be mailed to the Director by the Contractor. Both the label on the sample and the letter of
transmittal shall indicate the matenal represented, its place of origin, the names of the producer and
ABTICLE 8
GC{0
8.06
8.08
the Contractor, the Specifications number and title, and a reference to the applicable Drawings and
Specifi cations paragraphs.
C. Matenals orequipment of which samples are required shall not be used on the Work untrl approval has
been given by the Director in writing. Approval of any sample shall be only for the characteristics of the
uses named in such approval and no other. No approval of a sample shall be taken in itself to change
or modily any Contract requirement.
D. Failure of any material to pass the specified tests, including life rycle maintenance dala may be
sufficient cause for refusal to consider under this Contract, any fur$er sample ol the same brand or
make of that materiai.
ORDERING MATEBIALS AND EOUIPMENT
One copy ol each of the Contracto/s purchase orders for materials and equipment lorming a portion of the Work
must be fumished to the Director, it requested. Each such purchase order shall contain a statement that the
mateials and Euipment included in he order are subject to inspeclion by the City. Materials and equipment
purchased locally will, at the Crty's discretion, be inspecled at fre point ol manufacture or supply, and matenals
and equipment supplied from points outside the Los Angeles area willbe inspec'ted upon ardvalat the job, except
when other inspection requirements are provided Ior Eecific materials in other sectons of the Contracl
Documents.
AUT}IORITY OF THE DIRECTOR
A. On all questrons conceming the acceptability of materials or machinery, the classification of materials,
the execution of the Work, and conllicting interesls of Conlractors pertorming (elated work, the decision
of the Director shall be final and binding.
B. The Director will make periodic observations of materials and completed work to observe their
compliance with Drawings, Specifications, and design and planning mncepts, but he/she is not
responsible for the superintendence of construction processes, site conditions, operations, equipment,
personnel, or the maintenance of a sale place to work or any safety in, on, or about the site of work
NSPECNON
All materials fumished and work done under this Contract will be subject to rigid inspection. The Contractor shall
fumish, without exlra charge, the necessary test pieces and samples, including facilities and labor lor obtaining
them, as requested by the Director. The Direclor, or his/her authorized agent or agenls, at all times shall have
access to all parts of the shop and the works where such materials under his/her inspeclion is being
manufactured or the work performed. Work or material that does not cuform to the Specifications, although
accepted through oversight, may be relected at any stage of the Work. Whenever the Contractor is permitted or
direcled to do night work or to vary $e period dunng which work is canied on each day, he/she shajl give the
Director due notice, so that inspection may be provided. Such work shall be done under regulations to be
fumished in writing by the Direclor.
INFRINGEMET{T OF PATENTS
The Contractor shall hold and save the City, its officers, agents, servants, and employees harmless from and
against all and every demand or demands, of any nature or kind, for or on account of the use of any patented
invention, process, equipment, article, or appliance employed in the execution ol the Work or included in the
materials or supplies agreed to be fumished under this Contract, and should the Contractor, his/her agents,
ARTICLE 8
GC$1
8.05
servants, or employees, or any of them, be enjoined from tumishtng 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 subslitute other inventions, processes, equipment, articles, matenals, supplies, or
appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all
respects to the Director. Or in the event that the Director elects, in lieu of such substitution, to have, supplied,
and to retain and use, any such invention, process, equipment, adcle, materials, supplies, orappliances, as may
by this Contract be required to be supplied and used, in that event the Contractor shall at his/trer expense pay
such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its officers,
agents, servants, and employees, or any of them, to use such invention, process, equipment, article, materials,
supplies, or appliances without being disturbed or in way interfered with by any proceeding in law or equity on
accountthereof. Should the Contractor neglect or refuse promptly to make the substitution hereinbelore required,
orto pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid,
then in that event the Direclor shall have the right to make such substitution, or the City may pay such royafties
and seqrre such licenses and charge the cost thereol against any money due the Contractor from the City, or
recover the amount hereol from him/her and hidher surety, notwrthstanding final payment under this Contract
may have been made.
[END OF AHIICLE]
ARIICLE 8
ARTICLE 9 - SUBMITTALS
9.01 GENERAL
A.
B.
The Contractor shallsubmit samples, drawings, and data forthe Directois approvalwhich demonstrate
tully that the construction, and the materials and equipment to be fumished will comply with the
provisions and intent ol the Drawings and Specifications.
Specific items to be covered by the submittals shall inc'lude, as a minimum, the lollowing:
1.For structures, submit all shop, setting, equipment, miscellaneous iron and reinforcement
drawings and schedules necessary.
For conduits, submit a detailed layout of the conduit with details ol bends and fabricated
specials and tumish any other details necessary. Show location of shop and field welds.
For equipment which requires electrical service, submit detailed information to show power
supply requirements, wiring diagrams, control and protection schematics, shop test data,
operation and maintenance procedures, outline drawings, and manufaclure/s
recommendation of $e intedace,/interlock among the equipment.
For mechanical equipment submit all data pertinent to the installation and maintenance of
the equipment including shop drawings, manulacture/s recommended installation
procedure, detailed installalion drawings, test data and curves, maintenance manuals, and
other details necessary.
Samples
Colors
Substitutions
Manuals
9. As-built drawings
10. Safety plans required by Article 10
PROIruCT HANDLING
A. Submittals shall be accompanied by a letter of transmittal and shall be in stnct accordance w h the
provisions of this Article.
B. Submit priority of processing when appropnate.
SCHEDULE OF SUBMTTTALS
A. ltre Contnctor shall prepare and submit a schedule of submittals. The schedule of submif.tals shall be
in the form ol a submittal log. Refer to Paragraph 9.'12.
ARTICLE 9
2.
4.
b-
7.
o-
9.03
9.05
SHOP DRAWI]iIGS
A. Ail shop drawings shall be produced to a scale sufficientJy large to show all pertinent features of the
item and its method of connection to the Work.
B. All shop drawing prints shall be made in blue or black line on white background. Reproductions of
City/Contracl Drawings are not acreptable.
C. The overall dimensions of each drawing submitted to the Director shall be equal to one of the City's
standard sheet sizes as listed below. The title block shall be located in the lower right hand mmer of
each drawing and shall be clear of all line Work, dimensions, details, and notes.
Sheet Sizes
Heioht X Width
11" x 8 12',
11',X17'
24',X 36',
fi"x4t
COLORS
Unless $e precise color and pattem are specified elsewhere, submit accurate color charts and pattem charts to
the Director for higtrer review and selecton whenever a choice of color or pattem is avalable in a specified
product. Labeleach ctrart naming the source, the proposed location of use on the proiect, and he poject.
MANUFACTURERS' IJIERAIURE
Where contents of submitted literature from manufacturers includes data not peftnent to the submittal, cjearly
show which portions of the contents are being submitted for review.
SUBSTTruflONS
A. Tle Contract is based on the matenals, equipment, and methods described in the Contract DoqJments.
Any Contmctor proposed subs{itutions are subject to the Directo/s approval.
The Director will consider proposals for substitution of matenals, equipment, and methods only when
such proposals are accompanied by tull and complete tecfinical data, and all other information,
including lite cycle maintenance data, required by the Director to evaluate the proposed subsfiution.
B. Any requests for substMions by the Contraclor must be made wrthin forty{ive (45) calendar days irom
the lssuance Date on the Notrce lo Proceed. Otherwise, such requests will not be considered.
C. Trade names and "or approved equal" provision as set forth in Paragraph 8.03.
MANUALS
A. When manuals are required to be submitted covering items included in this Work, prepare and submit
such manuals in approximately 8-12" X 11' format in durable plastic binders. ln add ion, manuals
shall be submitted in electronic format. Manuals shall contain at least the following:
1. ldentification on, or readable through, the lront cover stating general nature of the manual.
ARTICLE 9
Gft4
9.07
2. Neatly tlpewritten index near he front of the manual, fumishing immediate information as to
location in the manual of all emergency data regarding the installaton.
3. Complele instructions regarding operation and maintenance of all equipment involved.
4. Complele nomenclature of all eplaceable pads, their part numbers, cunent cost, and name
and address ol nearest vendor of parts.
5. Copy ol all guarantees and wananties issued.
6. Copy of drawings with all data conceming changes made dunng construclion.
B. Where contents of manuals include manufacturers' calalog pages, cleady indicate the precise items
included in this installation and delete, or othenivise clearly indicate, all manu(acfurers' data wih which
lhis installation is not concemed.
9.09 A$BUILT DRAUNGS
A. When required to be submitted covering items included in this Work, the Contractor shall deliver to the
City one complete set ol linal As-Built hard mpy drawings together with a set of AutoCAD dnwing files
in electronic format showing completed building, hs-buif for City records before be 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 polyes{er translucent base materialwith a minimum sheet thickness 0f.003 inch (.08mm).
C. The legibility and contrast of each dBwing submitted to he City shall be such that every line, number,
bner, and character is clearly readable in a full size blow back from a 35 mm microfilm negative of tfre
drawing.
9.10 SUBMTTTALSOUANTMES
A. Submit seven (7) copies of all data and drawings unless specilied othenrvise.
B. Submit all samples, unless specified othenaise, in the quantrty to be retumed, plus two, which will be
retained by the Director.
9.11 IDEI'ITIFrcANON OF SUBMTTTALS
Completely identify each submittal and resubmittal by showing at least the following information:
A. Name and address of submitter, plus name and telephone number of the individual who may be
contacted for further information.
B. Name of prqect as it appears in the Contract Documents and Specification No.
C. Drawing number and Specifications section number other than this section to which the submittal
applies.
D. Whether this is an original submittal or re-submittal.
E. For samples, indicate the source o, the sample.
ARTICLE 9
GC{5
9.12 SCHEDULEOFSUBMITALS
A. Submit initial schedule ol 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 ot submittals and will notify Contractor that schedule is acceptable
or not acceptable within five (5) Working Days after receipt.
9.13 COORDNANONOFSUBMITALS
A. Pnor to submittal for the Directo/s review, use all means necessary to fully coordinate all material,
including the lollowing procedures:
1. Determine and verify all field dimensions and mnditions, materials, catalog numbec, and similar
data.
2. Coordinate as required with all trades and with all public agencies involved.
3. Secure all necessary approvals from public agencies and others and signify by stamp, or other
means, that they have been secured.
4. Clearly indicate all deviatrons ftom the Specificatrons.
B. Unless otheMise specifically permitted by the Director, make all submittals in groups mrtaining all
associated rtems; he Director may reject partial submittals as not complying with he provisions of the
Specifications.
9.14 NMNG FOR SUBMTITALS
A. Make all submittals tar enough in advance of scheduled dates of installation to provide all required time
for reviews, lor securing necessary approvals, for possible revision and re-submittal, and for placing
orders and securing delivery.
B. ln scheduling, allow at leasl 15 Working Days forthe Directo/s review, plus the tcnsittime to and from
the City office.
C. Manuals shall be submitted prior to perlorming funclional tests.
9.15 APPROVALBYC]TY
A. Up to three (3) copies ol each submittal, except manuals, schedule of costs for progress paymenls,
and as-buitt dawings will be retumed to the C,ontractor marked'No Exceptions Taken," "Make
C,onections Noted - Do Not Resubmit,' or "Make Conections Noted - Flesubmit.' lUanuals, schedule of
costs, and as-built drawings will be retumed for r+submittal il incomplete or unacc€ptable.
B. Submittals marked "Approved as Noted" need not be resubmitted, but the notes shall be followed.
C. lf submitral is retumed for corection, it will be marked to indicate what is unsatisfactory.
ARTICLE 9
D. Resubmit revised drawings or data as indicated, in five (5) mpies.
E. Approval of each submlttal by the Director will be general only and shall not be cons{rued as:
1. Permrtting any departures from the Specifications requirements.
2. Helieving the Contractor of the responsibility for any efiors and omissions in details, dimensions,
or of other nature bat may exist.
3. Approving departures fom additional details or instructions previously fumished by the Direclor.
9.16 CHANGES TO APPROVED SUBIITTTALS
A. A resubmittal is required for any proposed change to an approved submittal. Changes which require
re-submittal include, but are not necessadly limited to, drawing revisions, changes in materials and
equipment, installation procedures and test data. Ail r+submittals shall include an explanation of the
necessity for the change.
B. Minor conections to an approved submittal may be accomplished by submitting a 'Conected Copy".
IEND OF AHTICLE]
ABTICLE 9
GC47
ARTICLE 10 - SAFEW
10.01 PROIECTION OF PERSONS AND PROPERTY
Contracto/s Responsibility: Notwithstanding any other provision of the Contnact Documents, the
Contractor shall be solely and completely responsible for conditions of the lob site, including safety ol
allpersons and property, during performance of heWork. This requirement willapply contnuously and
will not be limited to normalworking hours. Safety 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 Facilrties. The Contractor shall fumish and maintain sanitary facilities by the worksites for the
entire construction period.
Protection of the Public. The Conlractor shall take such steps and precautions as his/her opeftltions
wanant to protecl the public from danger, loss of lile, loss ol property or intenuption of public services.
Unforeseen mnditions may arise which wrll require that immediate provisions be made to protect the
public lrom danger or loss, or damage to lile and property, due directly or indirectly to prosecution of
work under this contract. Whenever, in the opinion of the Director, a condition exsts which the
Contractor has not taken sufficient precauton of public safety, protection of utilities and/or protection of
adjacent structures or property, the Director will order he Contractor to provide a remedy for the
condition. ll he Contrac{or lails to act on the situation within a reasonable time period as determined
by the Director, or in the event of an eme8ency stuation, the Direclor may provide suftable protection
by causing such work to be done and material to be fumished as, in he opinion of the Drector, may
seem reasonable and necessary. The cos't and expense of all repairs (including labol and materials)
as are deemed necessary, shall be bome by he Contractor. All epenses incurred by the City tor
emergency repairs will be deducted from the final pay,ment due to the Contractor.
IO.O2 PBOTECNONFROMHAZARDS
Trench Excavation
Excavation forany trench four (4)feet or more in depth shall nol begin untilthe Contractor has received
approval from the Director ol the Contractois detailed plan for worker protection from the hazards of
caving ground during the excavation of such trench. Such plan shall show the details of the design of
shonng, bracing, sloping or other provisions to be made for worker protection dunng such excavation.
No such plan shallallowtire use of shoring, sloping or protective system less effective thanthat required
by the Construction Safety Orders of the Division ot Occupational Safety and Health, and if such plan
varies from the shonng system standards established bythe C,onstruction 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.
Conlined Spaces
Contractor shall comply with all of the provisions of General Industry Safety orders ol the Califomia
Code of Hegulations. Entry of a confined space shall not be allowed until the Contractor has received
approval from the Director of the Contractor's program for con{ined space entry. Conlined space means
a space that (1) ls large enough and so configured that an employee can bodily enter and per{orm
assigned Work; and (2) Has limited or restncted means for entry or exft (for example, tanks, vessels,
silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and (3)
ARTICLE 1O
GC{8
B.
B.
ls not designed for continuous employee occupanry. Failure to submit a confined space entry program
may resuh in actions as provided in Article 5: Suspension or Termination of Contract.'
C. Material Satety Data Sheet
Contractor shall comply with all of the provisions ol Genenal lndustry Safety orders ol the Califomia
Administrative Code. The Contractor shall submit to the Director a l\ilaterial Safety Data Sheet (MSDS)
for each hazardous substance proposed to be used, ten (10) days prior to lhe delivery ol such malerials
to the job site or use of such matenals at a manutacturing plant where the Director is to perform an
inspection. For matenals which are to be tested in City laboratodes, the MSDS shall be submitted witr
the sample(s). Hazardous substance is defined as any subslance included in the list (Directo/s List)
ol hazardous substances prepared by the Director, Calrfomia Department of lndustrial Relations,
pursuant to Labor Code Section 6382. Failure to submit an lt/SDS for any hazardous substance may
result in actions as provrded in Article 5, "SuEension orTermination ol Contract".
DIFFERING S]IE CONDMONS
A. Differino Site Conditions Detined. The Contractor shall promptly, and before such conditions are
disturbed, notify the Direclor in writing ot any Differing Site Conditions. Dilfering Site Conditions are
those conditions, located atthe poject site orin existing improvements and nol otheMise ascertainable
by Contractor through the exercise ol due diligence in the performance of its inspection obligations in
the Contract Documents, encountered by Contractor in digging trenches or other excavations(s) that
extend deeper than lourfeet below the surface of the ground that constitute:
1. Matenalthat the C,ontraclor believes maybe materialthat is hazardous waste as defined in Section
25117 of the Heatth and Sarety Code, which is required to be removed to a Class l, Class ll, or
Class lll disposal site in accordance with provisions o{ existing law.
2. Subsurface or latent physical conditions atthe site ditfering materially f rom those indicated in these
Contract Documents.
3. Unknown physical conditions at the site, of any unusual nature, different materially from those
ordinanly encountered and generally recognized as inherent in Work of he character proMded for
in these Contract Doctments.
B. Notice bv Contractor. lf the Contractor encounters conditions it believes constitute Differing Site
Conditions, then notice of such conditions shall, before sudr conditions are distubed, be promptly
reported to the Director followed within twenty{our (24) hours by a Iurther written notice stating a
detailed description ot the clndilions encountered.
C. The Director will promptly investigate the conditions and lf hdshe finds that such conditions do
materially difier, or do involve hazardous was1e, and do cause an increase or decrease in the
Contractoi s cosl of, or time required for, performance of any part of the Work under this Contract, an
equitable adjustment will be made, as determined by the Director.
D. Chanoe Order Request. lf Contractor intends to seek an adjustment to the Contract Sum or Contrac{
Tlme based upon Dirfering Site Conditions, it must, wittrin ten (10) Days afterthe Discovery Date relative
to such conditions, submit a Change Order Requesl setting forth a detailed cost breakdown and lme
lmpact Analysis, in the form required by Article 6 of these General Conditrons, of the addtional
Allowable Costs and Excusable Delay resulting trom such Diflering Site Conditions.
ART CLE 1O
GC49
10.03
E. Failure to Comolv. Failure by Contractor to strictly comply with the requirements of tfris Paragnph
10.03 conceming the timing and content of any notice ol Differing Site Conditions or request for
adjustment in Contract Sum or Contract Time based on Diffenng Site Conditions shall be deemed
waiver of any right by the Contractorforan adjustment in the Contract Sum or Contracl Time by reason
of such conditions.
F. Final Comoletion. No claim by the Contractor for additional compensatron for Differing Site Conditions
shall be allowed if asserted after Final Payment.
G. In the event of disagreement between he Contractor and the Director whether the condrtions do
materially differ or whether a hazardous r,vaste is involved or whetherthe mnditions cause an increase
or decrease in the Contractois clst of, or time required for, performance of any part of the Work, the
Contractor shall not be excused from any completion date required by the Contract, but shall proceed
with all Work to be performed under the Contract Documents.
H. The Contractor shall retain all rights provided by, and shall be subject to all requirements of, this
Contract rvhich pertain to the resolrtion ol disputes and protests.
l. Contractor Responsbilitu. Except as otherwise povided in this Paragraph 10.03 for Differing Site
Conditions, Contractor agrees to solely bear the nsk of additional mst and Delay due to concealed or
unknown conditions, surface or subsurface, at the Site or in Existing lmprovements, without adjustnent
to the Contract Sum or Contract Time.
10.04 THAFFIC REGUUNON
A. During the performance of the Work he Contractor shall erect and maintain necessary temporary
fences, bridges, railings, lights, signals, baniers, or other safeguards as shall be appropriate underthe
circumstance in higher judgment for tfie prevention of accidents; and he/she shall take other
precautions as necessary for public satety including, but not limfted to, taffic control. Traffic control
shall be mnducted in accordance lvith the latest edition of fp Work Area Traffic Control (IJVATCH")
handbook, published by BNi Books, and as directed and approved by the City Traffic and
Transportation Administrator.
B. Contractor shall submrt at least ten (10) Working Days pnor to Work a detaled traffic clntrol plan, that
is approved by all agencies having jurisdiction and that conforms to all requirements of the
Specifications.
No changes or deviations from the approved detailed traffic control plan shall be made, except
temporary changes in emergency situations, without prior approval of the City Tratfic and
Transportation Administrator and all agencies having junsdiction.
Contractor shall immediately notity the Director, the City Traffic and Transpoftation Administrator and
the agencies having jurisdiction of occunences that necessitate modification of the approved traffic
controlplan.
D. Contractois failure to comply with ttlis provision may result in actiofls as provided in Article 5:
"Suspension or Termination of Contracf of these General Conditrons.
ART CLE 1O
GC-70
10.05 IRAFFICCONTROLDEVICES
Traffic signs, flashing lights, barncades and other traflic salety devices used to control traffic shall
conform to the requirements ol he WATCH handbook or the manual ol traffic control, whichever is
more stringent, and as approved by the City Trafiic and Transportation Administrator.
1. Portable signals shall not be used unless permission is given in writing by the agency having
jurisdiction.
2. Waming signs used for nighttime conditions shall be rellectorized or illuminated. "Rellectorized
signs" shall have a refleclonzed background and shall mnform to the cunent State of Califomia
Department of Transportation specification for refleclive sheeting on highway signs.
l{ the Contractor fails to provide and install any of the signs or tratlic control devices required herby or
ordered by the City statf, statl may cause such signs or tratfic control devices to be placed by others,
charge the costs therefore against the C,ontractor, and deduct the same from the next progress
payment.
E.
F.
The Contnctor shall provide written notification to the Police Department, Traffic Bureau at ,t:}05 Santa
Fe Avenue, Vemon, CA 90058, at least two (2) weeks prior to tre beginning of construction al any
particular location. Notilication will include the specific location, project dates, what lanes ol the
roadway will be dosed and when. Also the construction poject manage/s name and business phone
number and the construction insp€c1o/s name and business phone number.
The Contractor shall notify, by telephone, the Police Depa(ment, (323) 583{81 1 extension 351 at the
completion of any posting of temporary no parking signs. Notilication will include the times, dates and
Iocations ol he posting. Vvhen vehicles musl be towed for violation of temporary no parking signs, the
person who actually posted the signs, or on-view supervisor of that posting, will be present to answer
p€rtinent questions that may be asked by the parking enforcement olficer or police oflicer towing he
vehicles.
The Contnclor shall not y the Vemon Fire Department, on a dailv basis during the entire period that
construction is in progress whenever roadways are reduced in width or bloc*ed. Notification shall be
made to the Fire Dispatch (323) 58&8811 extension 351 and the Contractor shall provide the
inlormation required to identify which roadways would have accessibility problems due to hisher
operations. The Contractor shall submit to Fire Department schedule of Work for heir use and files.
Roads subject to interference lrom tre Work covered by this Contract shall be kept open, and the
tences subject to interlerence shall be kept up by the Contractor until the Work is finished. Except
where public roads have been approved for c'losure, traffic shall be permitted to pass through
designated traffic lanes wih as little inconvenience and delay as possible.
Where altemating one-way tBflic has been authorized, the maxmum time that traffic will be delayed
shall be posted at each end ol the one-way traffic section. The maxmum delay time shall be approved
by the agenry having jurisdiction.
C,ontractor shall install temporary traffic markings where required to direct the flow of traffic and shall
mantain the traffic markrngs forthe duration of need. Contractor shall remove the markings by abrasive
blasting when no longer required.
B
10.06 EXECLmON
B.
C.
D.
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 crossng of, interseding tmffic lanes shall be provided and
kept in good condition.
H. When leaving a Work area and entering a roadway carrying public traflic, the Contracto/s equipment,
whether empty or loaded, shall in all cases yield to public lratfic.
10.07 FLAGGING
A. Contractor shall provide flaggers to control trafiic where required by the approved traffic control plan.
1. Flaggers shall perform their duties and shall be provided witr the necessary equipment in
acmrdance wrth the cunent "lnslructions to flaggers' of he Califomia Department of
Transportation.
2. Flaggers shall be employed tull trme on traffic control and shall have no other duties.
10,08 PEDESIRIANCANOPIESOR BARRICADE IMPROVEMENTS
Reler to City of Vemon for requirements for building or access road safety improvements that the Contractor
shall mnstruct during conslruction period. These devices or improvements, as the City deems necessary or
prudent, shall be at the expense of he Contractor.
[END OF ARTICLE]
ARTICLE 1O
GC-l2
ARIICLE I1 .INDEMNITY
11.01 INDEMN]TY
To the maximum extent permitbd by law, the Contractor shallfully indemnity, hold harmless, protect, and defend
the City, its officers, employees, agents, representatives and fierr successors and assigns ('lndemniteesl from
and against any and all demands, liability, loss, suit, claim, action, cause of aclion, damage, cost, judgment,
settlement, decree, arbitation award, stop notice, penalty, loss of revenue, and expense (induding any fees ot
accountants, attomeys, experts or other prolessionals, and costs ol investigation, mediation, arbitration, litigation
and appeal), in laworin equrty, of every kind and nature whatsoever, arising outol or in connection with, resultrng
Irom or related to, or claimed to be arising out ol the Work performed by Contractor, or any of its officers, agents,
employees, Subcontractors, Sub-Subcontraclors, design consuhants or any person for whose acts any of them
may be liable, regardless of whether such claim, suit or demand is caused, or alleged to be caused, in part, by
an lndemnitee, including but not limited to:
A. Bodily injury, emotional injury, sickness or disease, or death to any persons;
B. lnfringement of any patenl rights, licenses, copyrights or intellectual property which may be brought
against the Contraclor or City arising out of Conlraclo/s Work, lor which tre Contnctor is responsible;
C. Stop notices and claims for labor performed or materials used or fumished to be used in he Work,
including all incidental or consequential damages resulting to City from such stop notices and daims;
D. Failure of Contractor or its Subcontractors to comply with the provisions for insurance;
E. Failure to comply with any Govemmental Approval or similar authorization or order;
F. Misrepresentation, misstatement, or omission with respect to any stalement made in or any document
fumished by the Contractor in connection therewith;
G. Breach of any duty, obligation, or requirement under the C,ontract Documents;
H. Failure to provide notice to any Party as required under the Contract Documents;
l. Failure to prolect the property of any utility provider or adiacent property owne[ or
J. Failure to make payment of all employee benefits.
This indemnity provision is effective regardless ol any prior, concunent, or subsequent active or passive
negligence by Indemnitees, except that, to the limited extent mandated by Calffomia Civil Code Section 2782,
the Conlraclor shall not be responsible tor liabilities which arise from the sole negligence or willful misconducl of
lndemnitees or anse from the active negligence of City.
11.T2 ENFORCEMEi]T
Contracto/s obligations under this Article extend to claims occuning after termination of the Contractods
performance ol the Contract or Final Payment to Contractor. The obligations apply regardless of any aclual or
alleged nqligent act or omission ol Indemnitees. Contractor, however, shall not be obligated under this
Agreement to indemnily an lndemnitee for claims ansing from the sole active negligence or willtul misconduct of
the lndemnitee or independent contractors who are directly responsible to lndemn ees. Contracto/s obligations
under this Article are in addition to any other rights or remedies which the lndemnitees may have under the law
ARTICLE 11
GC-73
or under the ContElct Documents. ln the event of any claim, suit or demand made against any lndemnftees, the
City may in its sole discrelion reserve, relain or apply any monies due to the Contractor under the Contract for
the purpose of resolving such daims; provided, however, that the City may release such funds if tfie Conlactor
provides the Cily wrth reasonable assurance of protectton of the City's interests. The City shall in its sole
discretion determine whelher such assurances are reasonable.
11.03 NO L|MTAIIONS
Contracto/s indemnificatron and defense obligations set forth in this Article are separate and independent from
the insuranc€ provisions set forth in Article 12 herein; and do not limit, in any way, the applicability, scope, or
obligations set forth in tirose 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 fEy may be liable, the Contracto/s indemnrfication and defense obligations shall not be limited by
a limitation on amount or tlpe of damages, compensation, or benefits payable by or for the Contractor or a
Subcontrac{or under workers' compensation acts, disability benefits ac{s, or other employee benefits acts.
[END OF ARTICLE]
ARTICLE 11
GC.74
ARNCLE 12 - INSURANCE
12.01 CONDMONTOCOMMENCEMEMT
Contractor shall nol commence Work under this Contract until Contractor has obtained all insurance required
hereunder from a company or companies acceptable to City, nor shall the Contractor allow any Subcontractor
to commence Work on a subcontract until all insurance required of said Subconlractor has been obtained. Prool
of insurance including insurance certrficates and endorsements as set forth in Exhibil 4 must be submitted by
he Contractor prior to tre City's executton of the Contract.
12.T2 MINIMUM COVEBAGEAND LIMTTS
Contractor shall maintaln the insurance coverage as set forth in Exhibit 4 throughout the term of $e Contract.
12.ql CONDMONS REGARDING INSURANCE COVERAGE Al{D UM]TS
City and Contractor agree as follows:
A. All insurance coverage and limits provrded pursuant to the Contract Documents shall apply to the full
extent of the policles involved, available or applicable. Nothing contained in the Contract Documents
0r any other agreement relating to City or its operations limits he application of such insurance
coveftlge.
B. None of the policies required by this Contract shall be in compliance wrth hese requirements if they
include any limiting endocement that has not been first submitted to Crty and approved in writing by
the City Attomey or Citys Risk Manager.
12,M II{SURANCE OBLIGANON 6 SEPARATE FROM INDEMNITY OBUGANON
This Agreemenfs insurance provisions:
A. Are separate and independent lrom the indemniflcation and defense provisions in Article 12 of the
Agreement; and
B. Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense
provisions in Article 12 of the Agreement.
IEND 0FARICLEI
AHTICLE I2
GC-75
ARTICLE 13 - BONDS
13.01 REOUIREDBONt)s
A. Contractor shall fumish the lollowing bonds:
1. A Performance Bond in an amount equalto one hundred percent (100%)of the totalContract pnce
in tire form shown in Exhibit "1' attached hereto.
2. A Payment Bond (Labor and Material) in an amount equal to one hundred percent (100%) of the
total Contracl price in the form shown in Exhibit "2" attached hereto.
3. A Mainlenance Bond in an amount equal to ten percent (10o/d of the total Contract price in the
fonn shown in Exhibit "3" attached hereto.
13.02 POWEROFATTORNEY
All bonds shall be accompanied by a power of attomey from tre surety company authorizing $e person
executrng the bond to sign on behalf of the mmpany. lf the bonds are executed outside he State of Califomia,
all copies of tire bonds must be countersigned by a Calilomia representative of he surety. The signature of the
person executing the bond on behaff ot Surety shall be acknowledged by a Notary Public as ttre signature ol the
person designated in the power ol attomey.
13.03 APPROVEDSURETY
All bonds must be issued by a Califomia 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 rqected by the City. Bonds issued from
admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents
enumerated in Califomia Code ot 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. 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 of the person designated in
the power of attomey.
13.04 REOUIREDPROVISIONS
Every bond must display the surety's bond number and incorporate the Contract for construclion of the Work by
reference. The terms ol the bonds shall provide that the surety agrees that no change, extension of time,
alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way
affect its obligations and shall waive notice ot any such change, extension of tme, alteration, or modification of
the Contract Documents.
13.05 NEW OR ADDMONAL SURMES
lf, during the continuance of the Contract, any of the sureties, in the opinion of the City, are or become non-
responsible or otherwise unacceptable to City, City may require other new or additjonal sureties, wtrich the
Contractor shall fumish to the satisfaction of City within ten (10) days after notice, and in delault thereof the
AHTICLE 13
GC-76
Contract may be suspended and the matenals may be purchased or the WoR completed as provided in Article
5 herein.
13.06 WAIVER OF MODIFICATONS AND ALTERATIONS
No modificatons or atterations made in the Work to be performed underthe Contract or the time ol performance
shall operate to release any surety from liability on any bond or bonds required to be given herein. Notice of
such events shall be waived by the surety.
13.07 APPROVALOFBONDS
The Contract will not be executed by City nor the Notice to Proceed issued until the required bonds have been
received and approved by City. Citys decision as to the acceptability of all sureties and bonds is final. No
substiMion of the form of he documents will be permitled without the prior wrilten consent of C y.
[END OF ABTICLEI
ARIICLE 13
GGN
ARTICLE 14 - LABOR PROVISIONS
14.01 WORKING HOURS
A. Work or activity of any kind shall be limited to the hours from 7:00 a.m. to 7:00 p.m. No construction
noise shall be permitted between the hours of 7:00 p.m. and 7:00 a.m. ol the next day.
B. Work in excess of eight (8) hours per day, on Saturdays, Sundays, or on City holidays requires prior
consent of the Director and is subject to Cost of Overtime Construction lnspection.
C. Night, Sunday and Holiday Work. No Work shall be performed at night, Sunday, or the ten (10) legal
holidays to wit: New Yeads Day, Martin Luther King, Jr. Day, Washingon's Birthday, Memonal Day,
lndependence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday following Thanksgiving
Day, and Christmas Day, except Work pertaining to the public safety or with the permission of the
Director, and accordance with such regulations as he/she shall tumish 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. ol the next succeeding day.
14.02 COST OF OVERTIME CONSTRUCIION SEHVICES AND INSPECNONS
A. overtrme construction Work perlormed at the option ol, or for fie convenience of, Bre Contnactor will
be inspected by the City at the expense of the Contractor. For any such overlime beyond the regular
8-hour day and for any time worked on Saturday, Sunday, or holidays he charges will be determined
by the City, and submitted to the Contractor lor payment.
B. Equipment, malerials, or services provided by he City, in connection with Contraclor-inrtiated overtime
conslruction Work described in Patrgraph 14.02(A), will also be al the expense ol the Contractor. The
charges will be determined by the City, and submitted to the Contractor for payment.
C. There will be no charges to the Contraclor for the inspection of overtime Wok ordered by the Director
or required by the Contract Documents.
14,03 COMPUANCE WITI{ STAIE LABOB CODE
A. Contractor shall comply with the provisions ol the Labor Code of *re State of Califomia and any
amendments thereof.
1. The time of service of any worker employed upon the Work shall be limited and restricted to eight
(8) hours during any one-calendar day, and 40 hours during any onecalendar week.
2. Work performed by employees of the Contractor in excess of eight (8) hours perday, and 40 hours
during any one calendar week, shall be permitted upon compensation for all hours worked ln
excess of eight (8) hours per day at not less than one and one.half times the basic rate of pay.
3. The Contractor and every Subcontractor shall keep an accurate record showing the name of and
the actual hours worked each calendar day and each calendar week by each worker employed by
him/her in connection with the Work;the record shall be kept open at all reasonable hours to the
inspection of the Cityand to the Division of Labor Standards Enforcement of the State ol Calilomia.
4. In the event City deems Contractor is in violation of this Paragraph 14.03, the Contractor shall, as
ARTICLE 14
GC-78
a penalty, for{eit Fifty Dollars ($50.00) for each worker employed in the execution of the Contract
by the Contractor or by any Subcontractor for each calendar day lor which the employee was
underpaid in addition to an amount sutficient to recover underpaid wages. For each subsequent
violation, a (one hundred dollar) $100 penalty shall apply for each underpaid employee for each
pay period for which the employee was underpaid in addition to an amount suflioent to cover
underpaid wages. This subparagraph is effective to the extent it does not directly conflict with the
overtime penalty provision of Califomia Labor Code Section 558. ln the event of such conflict, the
Calilomia Labor Code govems over this Paragraph 14.03(AX4).
14.04 WAGE BATES
A. Prcvailing Wages
1. Contractor shall comply with the general prevailing rates of per diem wages and the general
prevailing rates for holiday and overtime Work in the localrty in which the Work is to be performed,
for each caft, classification, or type of worker needed to execute the Contract. The Director of
the Department of lndustrial Helations of the State ol Calilornia (pursuant to California Labor
Code) and the United States Secretary of Labor (pursuant to the Davis-Bacon Act) have
determined the general prevailing rates of wages in the locality in which the Work rs to be
performed. The rates are available online at www.dr.ca-ocvrDlSRrPlrVU. To the extent that there
are any differences in the federal and state prevailing wage rates for similar classrfications ol
labor, the Contractor and its Subcontractors shall pay the highest wage rate.
2. The Contractor shall post a copy of the general prevailing rate of per diem wages at the job site.
3. The Contractor and any Subcontractor under him/trer shall pay not less than the specified
prevailing rate of wages to all workers employed in the execution of the Contract.
4. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective
bargaining Contract applicable to the particular craft, classification, or type of worker employed on
the prolect.
5. The Contractor shall, as a penalty to the State or the City, forfeit not more than Fifty Dollars
($50) tor each calendar day, or portion thereof, for each worker paid less than the prevailing
rates for the Work or craft in whrch the worker is employed under the Contract by the Contractor
or by any Subcontractor under him. The diflerence between the prevailing wage rates and the
amount paid to each worker for each calendar day or portion thereof for which such worker was
paid less than the stipulated prevailing wage rate shall be paid to such worker by the Contractor.
6. The specified wage rales are minimum rates only and the City wrll not consider and shall not be
liable for any claims lor additional compensation made by the Contractor because of payment
by him/her of any wage rate in excess of the general prevailing rates, All disputes in regard to
the payment ofwages in excess of those specilied herein shall be adjusted by the Conkactor at
his/her own expense.
B. Payroll Hecords
1. Pursuant to California Labor Code Section 1776, the Contractor and each Subcontractor shall
keep an accurate payroll record, showing the name, address, social security number, Work
classification, straight time and overtime hours worked each day and week, and the actual per
diem wages paid to each journeyman. apprentice, worker or other employee employed in
ABTICLE 14
GC.79
connection with the Work. The payroll records shall be certilied and shall be available tor
inspection.
2. The Contractor shall inform the City of the location ot 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 Contractor shall provide a mpy of the certified payroll records
along with a statement of mmpliance.
APPRENTICESHIP STANDARDS
A- Compliance with Calilornia Labor Code Section 1m.5 requires all public works contractors and
subcontractors to:
1. Prior to commencing work on a public works contract, submit Contract Award inlornation
to the applicable Joint apprentceship committee, including an estimate of the ioumeyman
hours to be perlormed under the Contract, the number ol apprentices to be employed, and
the approximate dates the apprentices will be employed. Use Form DAS-140 from the State
Department of lnduslnal Relatons. The City reserves the right to require Contractor and
Subcontractors to submit a copy ol said forms to the Cty.
2. Employ apprentices for the public work at a trtio of no less than one (1) hour or appcntice
work for every five (5) hours or labor per{ormed by a jr:umeyman. To request dispatch of
apprentices, use Form DAS-142 from the State Department ol lndustrial Relations- The
City reserves the nght to require Contractor and Subcontraclors to submrt a copy of said
lorms to the City.
3. Pay the apprentice rate on public works pojects only to those apprentices who are
registered, as defined in Labor Code Section 307.
4. Contribute to the training fund in the amount identified in the Prevailing Wage Rate
publication forjoumeyman and apprentices. Contractors who choose not to contribute to
the local training trust Iund must make their contributions to the Califomia Apprenticeship
Council, P.O. Box 420603, San Francisco, CA 94142.
B. Failing to comply with the provisions of Califomia Labor Code Section 127.5 may result in the loss
of the right to bid on all public works projects for a period of one to three years and the imposition of
a crvil penalty of Fifty Thousand Dollars ($50,000) for each calendar day ol noncompliance.
Contraclor should make a separate copy of this material for each of his/her Subcontractors.
C. Payroll Records. The Contractor and each Subcontractor shall keep afl accu€te payroll record,
showing the name, address, social secunty 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 olher employee employed in conneclion with the work. The payroll records
shall be certified and shall be submitted to the Project Manager every two weeks.
D. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract
or Subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26 from the
State Department of lndustrial Relations) shall be completed for each Contractor and Subcontractor
of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits,
AHTICLE 14
GC-80
vacation funds or makes pension contributions. The form must contain, for each worker
classification, the fund, plan or trust name, address, administrator, the amount per hour contributed
and the frequency of contributions. Training fund contributions shall also be reported in this form.
City reserves the nght to require Contractors and Subcontractors to submit a copy of said forms to
the City.
14.06 EMPLOYMET{T OF APPBEI{TICES
A. In the performance of this Contract, the Contractor and any Subcontractor shall comply with the
provisions conceming the employment of apprentices in the Labor Code of he State of Calilomia
and any amendments thereof.
B. ln the event the Contractor or any Subcontractor willtully fails to comply with the atoresaid provisions
of the Labor Code, such Contractor or Subcontractor shall be subject to the penalties for
noncompliance in the Labor Code of the State ol Califomia and any amendments thereof.
14.07 CHARA TEROFWORKERS
The Contractor shall not allow his/her agents oremptoyees, Subcontractors, or any agent or employee thereof,
to trespass on premises or lands in the vicinity of the Work. Only skilled foremen and workers shall be
employed on Work requinng special qualifications, and when required by the Direclor, the Contractor shall
discharge any person who commits trespass, or in the opinion of the Director, acts in a disordedy, dangerous,
insubordinate, incompetent, or otherwise objectionable manner. Any employee being intoxicated or bringing
or having intoxicating liquors or controlled substances on he 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 @N6404'5
The Contractor and its agents, employees, Subcontractors, representatives, and any person under
Contracto/s control, are prohibrted lrom smoking in- or wi*rin a 20{oot distance lrom- the Site, which is a
"place of employment' under Calilomia Labor Code $ 6404.5.
[END OF AHTICLE]
ARTICLE 14
GC{1
ARNCLE 15. DISPUTE RESOLUNON
1s.01 suBiilsstoN oFcLAtMs
A. By Contractor
Contracto/s nght to commence the Claims Dispute Hesolution Process shall arise upon the Directo/s
written response denyrng all or part of a Claim. Contractor shall submit a written Statement of Dspute
to the Director within seven (7) Days after the Director reJects all or a podion of Contrado/s Claim.
Contracto/s Statement ol Dispute shall be signed under penalty of perjury and shall state with
specificity the events or circumstances giving rise to the Claim, the dates of their occunence and the
effect, ifany, on the compensation due or performance obligations of Contrac{or underthe C,onstruction
Contract. Such Statement of Dispute shall include adequate supporting data to substantiate the
disputed Claim. Adequate supporting data for a Clam relating to the adjustment of he Contracto/s
obligations relative to time of performance shall include a detailed, event-by€vent description of the
impact of each delay on Contracto/s trme for performance. Adequate supporting data to a Statement
of Dispute submifted by Contractor involving Contracto/s compensation shall include a delailed cost
breakdown and supporting cost data in such form and including such detailed information and olher
supporting data as required to demonslrate the grounds for, and precise amount of, he Claim.
B. By Crty
City's right to commence the Claims Dispute Flesolution Process shallarise at any time following the
Citfs actual discovery of the circumstances giMng nse to the Claim. Nothing contained herein shall
preclude Cry from assertng Claims in response to a Clajm asserted by Contractor. A Slatement ot
Dispute submitted by Crty shall state the events or circumstances giving rise to the Claim, he dales of
their occunence and the damages or other relief claimed by City as a resuft of such events.
C. Claims Defned
The term 'daims' as used herein shall be as defined in Califomia Public Contract Code S 2010a0X2).
15.T2 CLAIMS DISPI,IE RESOLTMON PROCESS
The parties shall utilize each of the following steps in the Claims Dispute Flesolution Process in the sequence
they appear below. Each party shall participate fully and in good faittl in each step in the Claims Dispute
Resolution Process, which good faith effod shall be a condition precedent to the right of each party to proceed
to the next step in the Claims Dispute Resolution Process.
A. Direct Negotiations
Designated representatives of City and C4ntractor shall meet as soon as possible (but not later than
ten (10) Days after receipl of the Statement o{ Dispute) in a good faith effort to negotiate a resolution
to the Claim. Each party shall be represented in such negotiations by an authonzed representative
with full knowledge of the details o, the Claim or defenses being asserted by such pary, and MIh full
authonty to resolve such Claim then and there, subject only to City's right and obligation to obtain City
Council [or other Cty official] approval of any agreed settlement or resolution. ln the Claim involves the
assertion of a right or claim by a Subcontraclor against Contractor that is in tum being asserted by
Contractor against City, then such Subcontractor shall also have a representative attend such
negotrations, wrth the same authority and knowledge as just described. Upon completion of the
meeting, if the Claim is not resolved, the parties may either continue the negotiations or either party
ABTICLE 15
GG82
may declare negotiations ended. Alldiscussions that occur during such negotiations and alldocuments
prepared solely tor the purpose of such negotiations shall be confidentral and privileged pursuant to
Califomia Evidence Code Sections '1119 and 1152.
B. Ihfunal ol Claims
Following the completion of the negotiations required by Paragraph 15-02-A., all unresolved Clarms,
except those that do not involve parties other than the Contraclor and City, shall be defened pending
FinalCompletion of the Work, subject to Cfiys right, in its sole and absolute discretion, to require that
the claims Dispute Resolution Process proceed prior to Final Completion. ln the event that Ctty does
not elect to proceed wilh the Claims Dispute Resolution Process prior to Final Completion of the Work,
all Claims that have been defened until such Final Completion shall be consolidated within a
reasonable time after such FinalCompletion and thereafier pursued to resolution pursuant to the Claims
Dispute Resolntion Process. Nothing contained in this Article 15 shall be interpreted as limiting the
parties' rights to continue informal negotrations of Claims that have been defened until such Final
Completion; provided, however, that such informal negotiations shall not be interpreted as altering the
provisions o, this Article 15 defening final determination and resolution of unresotued Claims until after
Final Completion of the Work.
C. l-egal Proceedings
lf the Claim is not resolved by direct negotiations then the party wshing to further pursue resolution or
determination of the Claim shall submit the Claim for determination by commencing legal proceedings
in a court of competent jurisdiclion.
15.03 NO WATVER
Participalion in the Claims Dispute Resolution Process shall not constitute a waiver, release or compromise of
any defense ot either party, including, rvithorrt limitation, any delense based on he assedion that tre rights of
Contractor that are he basis of a Claim were prevrously waved by Contractor due to failure to mmply with the
Contract Documents, including, without limitation, Contractods failure to comply with any time periods for
providing notices or for submission or supportng documentation ol Claims.
IEND OF AHTICLE]
AHTICLE 15
GC.83
ARIICLE 16. ACCOUNTING BECORDS
16.01 MAINTENANCEOFRECORDS
Contractor shall keep, and shall include in its contracts with its Subcontractors, provisions requiring ils
Subcontractors to keep full and detailed books and records in accordance wilh the requirements of the
Contract Documents, including the following: all information, matenals and data of every kind and character
(hard copy, as well as computer readable data il it exists), that have any bearing on or pertain to any matters,
rights, duties or obligalions relating to the Project or the performance of the Work, including, without limitatron,
agreements, purchase orders, leases, contracts, commitments, arrangements, notes, change orders, change
order requests, estimates, tield orders, schedules, diaries, logs, reports, shop drawings, samples, exemplars,
Drawings, Specifications, invoices, delivery tickets, receipts, vouchers, cancelled checks, memoranda;
accounting records; job cost reports; job cost files (including complete documentation covering negotiated
settlements); backcharge; general ledgers; documentation ol cash and lrade discounts eamed; insurance
rebates and dividends, and other documents relating in way to Claims or Change Orders, Construction
Change Direc{ives, Work Directives, or other claims for payment related to fre Projecl asseded by Contractor
or any Subcontractor ('Accounting Records'). Contractor shall exercise such controls as may be necessary
lor proper financial management o, the Work. Such accounting and control systems shall comply with
prevailing custom and practice lor similar prolects, be satisfactory to City and shall include preservation of
such records for a period of five (5) years after approval of the Notice o, Completion and Acceptance by City,
or for such longer period as may be required by applicable laws.
16.02 ACCESSTO RECORDS
Contractor shall allow, and shall include in its contracts with its Subcontractors provisions requiring its
Subcontractors to allow, City and its authonzed representative(s), auditors, attomeys and accountants, upon
twenty{our (24) hours nolice to Contractor, full access to inspect and copy all books and records relating to
the Project that Conlractor is required to maintain pursuant to Paragraph 16.01, above.
16.03 CONTRASTOR NONCOMPLIANCE.WITHHOLDING
Contractois compliance with Paragraphs 16.01 and 16.02, above, shall be a conditron precedent to
maintenance ol any legal action or arbitration by Contractor against City. ln addition to and withoul limitation
upon Citys other rights and remedies for breach, including any other provisions tor withholding set forth in the
Contract Documents, City shall have the right, exercised in its sole discretion, to withhold from any payment
to Contractor due under a cunent Application for Payment an additional sum of up to ten percent (10%) of the
total amount set forth in such Application for Payment, until Contractor and its Subcontractors have complied
with any outstanding and unsatisfied request by City under this Article 16. Upon such compliance with this
Article 16, any additional monies withheld pursuant to this Paragraph 16.03 shall be released to Contractor.
16.04 SPECIFICENFORCEMEAIBYCITY
Contractor agrees that any failure by Contractor or any Subcontractor to provide access to its books and
records as required by this Article 16 shall be specifically enforceable, by issuance of a preliminary and/or
permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such
court and without the necessity of oral testimony, to compel Contractor to permit access, inspection, audits
and/or reproduction of such books and records or to require delivery of such books and records to City for
inspection, audit and/or reproduction.
ABTICLE 16
[END OF ARTICLE]
ARTICLE lT.MISCELLANEOUS PROVISIONS
17.01 COIIPLIANCE WMI APPLICABLE LAWS
Notices, Compliancr
Contraclor shall grve all notices required by govemmental authorities and comply with all
applicable laws and lawful orders of govemmental authorities, including but not limited to the
povisions of the Califomia Code of Regulations applicable to contractors performing
construction and all laws, ordinances, rules, regulations and lawful orders relating to safety,
prevailing wage and equal employment opportunrties.
Taxes, Employee Benetits
Contraclor shall pay at its own expense, at no cost to the C y and wthout adjustment to the
Contract Sum, all local, state and lederal taxes, including, without limitation all sales,
consumer, business license, use and similartaxes on matenals,labor or other itemsfumished
for the Work orportions thereot provided by Contractor or Subcontractors, alltaxes arising out
of its operations under the Contract Documents and all benefits, insurance, taxes and
contributons for social security and unemployment insurance which are measured by wages,
salaries or other remuneration paid to Contracto/s employees. lf under federal excise tax law
any transaction hereunder constitutes a sale on which a federalexcise tax is imposed and the
sale is exempt from such excise tax because it is a sale to meat for its exclusive use, then
City, upon request, will execute documents necessry to show lhal is a polntcal subdivision of
the Slate for the purposes of such exemption and that the sale is for he exclusive use ol lhe
City, in which case no excise tax for such materials shall be included in the Bid or Contract
Sum.
Notice of Violations
Contractor shall immediately not y the City and Direc{or in writing ol any instruction received
from the City, Director, Archrtect or other person or entity that, il implemented, would cause a
violaton of any applicable law or lawful order ol a govemmental authority. lf Contractor fails
to provide such notice, then Director and Architect shall be entitled to assume that such
instruclion is in compliance with applicable laws and law{ul orders of govemmental authorities.
lf Contractor observes that any portion of the Drawings and Specilications or Work are at
variance with applicable laws or lawful orders of govemmental authorities, or should
Contraclor become aware of conditions not covered by the Contract Documents which will
result in Work being at vanance therew h, Contractor shall promptly notify Director in wnting.
lf, wrthout such notice to Direclor, Contractor or any Subcontractor perlorms any Work which
it knew, or through the exercise of reasonable care should have known, was contrary to lawful
orders of govemmental authonties or applicable laws, then Contractor shall bear all resulting
losses at its own expense, at no cost to City and without adiustment to the Contract Sum.
17.02 OWNERSHIP OF DESIGN DOCUMENTS
Property of City
All Design Documents, Contract Documents and Submittals (including, without limitation, all
copies thereoO and all designs and building designs depicted therein are and shall remain the
sole and exclusive property of the City and the City shall solely and exclusively hold all
copyrights thereto- Wifiout derogation the City's rights under his Paragraph, the Contractor
and Subcontractors are granted a limited, non.exclusive license, revocable at will of City, to
ARTICLE 17
GC-85
A
c.
use and reproduce applicable portions of the Contract Documents and Submiltals as
appropriate to and for use in ttle execution of he Work and for no other purpose.
B. Documents on Site
Contractor shall keep on the Project site, at all times and for use by City, Director, lnspectors
of Record and City's Consuttants, a complete set of the Contract Documents that have been
approved by applicable Govemmental Authorities.
C. Delivery to City
All Design Documents, Contrac{ Documents and Submittals in he possession of Contractor
or Submntractors shall be retumed to the City upon the earlier of Final Completion or
termination ol the Construc{ion Contiact; provided, however, that Contractor and each
Subcontractor shall have the right to retain one (1) copy of the Contract Documents and
Submittals for its permanent records
D. Subconlractors
Contractor shall take all necessary steps to assure that a provision is included in all
subcontGcts wrth Subcontractors, ol everytier, who perform Work on ffre Project establishing,
protecting and preserving he, Crty's rights set forth in this Paragraph.
17.03 ATIENDMENTS
The Conlract Documents may be amended only by a written instrument duly executed by the parties
or their respective successors or assigns.
17.U WATVER
Either party's waiver of any breach or tailure to enforce any of the terms, covenanls, conditions or
other provisions of the Contract Documents at any time shall not in any way limit ff waive that partys
nght thereafter to enlorce or compel strict compliance with every term, covenant, conditton or other
provision, any course of dealing or cuslom of the trade notwithstanding. Furthermore, if the parties
make and implement any interpretation of the Contract Documents without documenting such
interpretation by an instrument in writing signed by both parties, such inierpretation and
implementation thereof will not be binding in the event of any future disputes.
17.05 INDEPENDE]TITCONTRACTOR
Conkactor is an independent contractor, and nothing contained in the Contract Documents shallbe
construed as constituting any relationship with City otherthan that o, Poiect owner and independent
contrac{or. ln no event shall the relationship betwe€n City and Contractor be construed as creating
any relationship whatsoever between City and Contractofs employees. Neither Contractor nor any
of its employees is or shall be deemed to be an employee of City. Except as otherwise specilied in
the Contract Documents, Contractor has sole authority and responsibility to employ, discharge and
otherwise control its employees and has complete and sole responsibility as a principal for its agents,
for all Subcontractors and for all other Persons that Contractor or any Subcontractor hires to perform
or assist in performing the Work.
17.06 SUCCESSORSANDASSIGNS
The Contract Documents shall be binding upon and inure to the benetit of City and Contractor and
their permltted successors, assigns and legal representatives.
ABTICLE 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 Performance Bonds, to (a) any other
govemmental person as permitted by govemmental rules, provided that the successor or
assignee has assumed all of City's obligations, duties and liabilities under the Contract
Document then in effect; and (b) any other Person with the prior wntten approval ot
Contractor.
B. Contractor may collaterally assign its nghts to receive payment under the Contract
Documents. Contractor may not delegate any ol its duties hereunder, except to
Subcontractors as expressly othen^,ise permitted in the Coniract Documents. Contracto/s
assignment or delegation ol any ol its Work under the Contract Documents shall be
ineffective to relieve Contractor of its responsibility for the Work assigned or delegated,
unless City, in its sole discretion, has approved such relief from responsibility.
Any assignment of money shall be subject to all proper set-offs and withholdings in favor ot
City and to alldeductions provided |orin the Contract. All money withheld, whetherassigned
or not, shall be subject to being used by City for completion ot the Work, should Contractor
be in default.
C. Except for the limited circumslances set forth in Paragnph 17.06-8, above, Contractor may
nol, without the prior written consent ol City in its sole discretion, voluntarily or involuntanly
assign, convey, transfer, pledge, mortgage or otheMise encumber its rights or interests
under the Contract Documents. No partner, joint venturer, member or shareholder of
Contractor may assign, convey, transter, pledge, mortgage or otheMise encumber its
ownership interest in Contractor without the prior written consent of City, in City's sole
discretion.
17.07 SURVML
Contractods representations and wananties, the dispute resolution provisions contained in Article
15, and all other provisions which by their inherent character should survive termination of the
Conlract and/or Final Acceptance, shall survive the termination of the Contract and fre Final
Acceptance Date.
17.08 LIM]IATION ON THIRD PARTY BENEFICIARIES
It is not intended by any of the provisions of the Contract Documents to create any third party
beneficiary hereunder or to authorize anyone not a party hereto to maintain a suit for personal injury
or property damage pursuant to the terms or provisions hereof, except to the extent that specific
provisions (such as the warranty and indemnity provisions) identify third parties and state that they
are entitled lo benefits hereunder. The dutes, obligations and responsibilities of the parties to the
Contract Documents with respect to such third parties shall remain as imposed by law. The Contract
Documents shall not be construed to create a contractual relationship of any klnd between City and
a Subcontractor or any other Person except Contractor.
17.09 PERSOI'IAL LIABILITY OF CTTY EMPLOYEES
City's authorized representatives are acting solely as agents and representatives of City when
canying out the provisions of or exercising the power or authorily granted to them underthe Contract.
They shall not be liable either personally or as employees of City Ior actions in their ordinary couce
of employment.
No agent, consultant, Council member, officer or authonzed employee of City, shall be personally
responsible for any liability arising under the Contract.
ARTICLE 17
GC-87
17.10 NO ESTOPPEL
City shall not, nor shall any officer thereof, be precluded or estopped by any measurement, estimate
or certificate made or given by the City representative or olher officer, agent, or employee ol City
under any provisions of the Contract from at any time (either before or after the final completion and
acceptance of the Work and payment therefo0 pursuant to any such measurement, estimate or
certilicate showing the true and correct amount and character of the work done, and materials
fumished by Contraclor or any person under the Contract or from showing at any time that any such
measurement, estimate oI certificate is untrue and inconect, or improperly made in any particular, or
that the wo* and matenals, or any part thereof, do not in fact conform 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 of Contracto/s failure to comply or to have complied
with the Contract Documents.
17,11 GOVERNING LAW
The laws of the State ol Califomia govem the construction and intepretation of the Contract
Documents, without regard to conllict of law principles. Unless the Contract Documents provide
otheMise, any reference to laws, ordinances, rules, or regulations include their later amendment,
modifications, and successor legislation. ll Contractor or City brings a lawsuit lo enlorce or interpret
one or more provisions of the Contract Documents, jurisdiction is in the Superior Court ol the County
of Los Angeles, Califomia, orwhere othemise appropnate, in the United States Distnct Court, Central
District of Califomia. Contraclor and City acknowledge that the Contract Documents ' ere
negotiated, entered into, and executed-and the Work was perlormed-n he City of Vernon,
Calilomia.
17.12 FURTIIER ASSURANCES
Contractor shall promptly execute and deliver to City all such instruments and other documents and
assurances as are reasonably requested by city lo further evidence the obligations of contractor
hereunder, including assurances regarding assignments ol Subcontractors contained herein.
I7.13 SEVERABIL]TY
If any clause, provision, section, paragraph or part ol the Contract is ruled invalid by a court having
proper jurisdiction, then the parties shall: (a) promptly meet and nqotiate a substitute for such
clause, provision, section, paragraph or pad, which shall, to the greatest extent legally permissible,
eflect the original intenl of the parties, including an equitable adjustment to the Contract Price to
account for any change in the Work resulting from such invalidated portion; and (b) if necessary or
desirable, apply lo the court or other decision maker (as applicable) which declared such invalidity
for an interpretation of the invalidated portion to guide the negotiations. The invalidity or
unenforceability of any such clause, provision, section, paragraph or part shall not affect the validity
or enforceability of the balance of the Contract, which shall be construed and enforced as rf the
Contract did not contain such invalid or unenforceable clause, provision, section, paragraph or part.
17.14 HEADINGS
The captions of the sections of the Contract are for convenience only and shall not be deemed part
of the Contract or considered in construing the Contract.
ARTICLE 17
GC-88
17.15 ENTIBEAGREEMEI'IT
The Contract Documents contain the entire understanding of the parties with respect to the sublecl
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 counterparts, each of which shall be deemed an
original, but all of whidl together shall coflstitute one and the same instrument.
[END OF ARTICLE]
AHTICLE 17
GC-89
L
EXHIBIT 1
Bond No.:
Premrum Amount: $
Bond's Effeclive Dale:
PERFORMANCE BOND
RECITALS:
The City of Vemon, Califomia ('CM, has awarded to
(Mme, address, and telephone ol Contractor)
('Principal"),
a Contracl (the 'Contract") tor the Work described as lollows:
No,
0607
in Vemon, CA.
2. Principal is required under the terms of the Contract- and all coatract documents referenced in it ('Contract
Documents'F lo fumish a bond guaranteeing Principaj's hithful performance of the Work.
3- The Conlract and Cortrac{ Documents, induding all their amendments and supplements, are incorporated into this
Bond and made a part of it by this relerence.
OBLIGATION:
THEREFORE, lor value received, We, Principaland
(Name, address, and telephone ot Surety)
('Surety'),
a duly admitted surety insurer under Califomia's laws, agree as follows:
By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators,
successors, and assigns to pay City the penal sum of
Dollars ($______________J ('lhe Bonded Sum"), this
amount comprising not less fian the total Contract Sum, in lawful money oflhe United Stales of America_
The Califomia Licensed Resident Agent for Surety is:
(Ilame, address, and telephone)
Registered Agent's Cajifomia Depa(ment of lnsurance License No.
IHE CONOITION OF THIS BOND'S OBLIGAIION lS IHAT, if Principal prompty and hithtully perlorms lhe undertakjngs,
tems, covenanls, conditions, and agreements in he Contract and Contract ooGrments (including all heir anendmenb and
supplements), all witrin he time and in the manner that those dmuments speoty, fien his obligation becomss null and void.
Oherwise, his Bond rernains in full force and elfect, and he follotving terms and conditions apply to tris Bond:
1. This Bond specifically guarantees Pnncipal's performance ol each obligation and all obligations under lhe Contracl and
Contlact oocuments, as they nay be amended and supplemented- including, but not limited to, Principal's liability tor
liquidated damages, Wanantjes, Guarantees, Conection, and Mainlenanc€ obligations as specified in the Contact and
Conkact Documents- except that Surety's total obligaton, as described here, will not exceed he Bonded Sum.
2. For those obligations of Principal that survive Final Completion of the Work described in he Contract and Contract
oocumenE, the guarantees in this Bond also survive Final Completion of the Work.
3. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall
promptly: (a) remedy lhe default; (b) complele the Project according to he Contract Documents' tems and conditions
then in etfect; or (c) using a procurement mehodology approved by City, select a conkactor or contractors- acceptable
lo City- to complete all of the Work, and arrange for a contract between fie contractor(s) and City. Surety shatl make
available, as the Work progresses, suffcient funds to pay he cost of compleliofl less tte balance of he C6ntract Sum.
EXHIBIT 1 - PERFORMANCE BOND-1 of 3
and to pay and pertorm all obligations of Principal under the Confact and Conkact Documents- including oher cosh
and damages for which Surety is liable under this Bond- except that Surety's total obligation, as described here, will not
exceed the Bonded Sum.
4. An alteration, modmcaton, change, addition, delelion, omission, agreement, or supplement to the Contract, Conuacl
Documents, or fie nature o, the Work performed under he ContEct or Contrac{ Documents- including, without limihtion,
an extension ol time lor perfomance- does nol, in any way, affect Surety's obligations under this Bond. Surety waives
any nolice ol alleratjon, modification, change, addition, deletion, omission, agreement, supplement, or extension ot time.
5. SuIety's obligations under his Bond are separate, independent from, and not contingent upon any oher surety's
guaranteeing Principal's faithful pertormance ot the Work.
6. No right ol action accrues on fiis Bond to any entity other han City or its successors and assigns.
7. lf an action at law or in equity is necessary to entorce or interpret this Bond's terms, Surety must pay- in addition to tte
Bonded Surn- City's reasonable attomeys' tees and litigation costs, in an amount the court fixes.
8. Surety shall mail City written notlce at least 30 days betore: (a)he eftective date on,xhich the Surety willcancel, terminate,
or witrdraw kom this Bond; or (b) his Bond becomes void or unenforceable for any reason.
On the date sel torth below, Principal and Surety duly execrjted this Bond, with the name of eacn party appearing below
and signed by its representative(s) under the authonty of its goveming body.
Date:
PRINCIPAL:SURETY:
(Company Name)(Company Name)
(Signature)(Signature)
By:
tts:
By:
Its:
(tlame)(Name)
(IiUe) (r'ue)
AddrEss br Serving tloli:es or &Br Doaments: Address fu Serving l,lotices or o0rer [roqments:
CORPORAIE SEAL CORPORATE SEAL
. fi6 BOI$, ISf tr, EXECITIEDNIHPLEAIE.. EUE)ENCE ralgf BE ATTAC|IED GTIE Alnrnlrr OF ANY PEFsott ffit{/Ilo AS A|TOR|EYIN+ACI.. frtE ATIORNEf+,t+ACrSffit/aruBEUlFf BETPTARZED.. A@EPCE/aIESEALUaErBE tPffiSSEDOttTt{EFO I WrtENniE m{qPN- OBrr/EsnnEn/'@ NU
AREA@/BFOE,f,DN
APPROVED AS TO SURETY AND
AMOUNT OF BONDED SUM:
APPBOVED AS TO FORM:
Direclor of Public Works, Water and Development
Services City Attorney
EXHIBIT 1 ' PERFORMANCE BON0-2 ol3
By By
BOND ACKNOWLEDGMENT
FOR
SURETY'S ATTORNEY-IN.FACT
STATE OF CALIFOHNIA
couNrYoF )
On this _ day of
)
) ss.
20-.,
before me,(name), a Notary Public for said County, personally
appeared
satisfaclory evidence to be the person whose name is subscribed to this instrument as the attorney in fact ot
and acknowledged to me that heishe subscribed the
name ol thereto as principal, and hiJhe own name as
attomey in fact.
I certity under PENALW 0F PERJURY under the laws ot the State of Califomia that the foregoing paragraph
is true and correct.
Notary Public
SEAL
EXHIBIT 1 - PEBFORMANCE BOND-3 ol 3
EXHIBIT 2
PAYMENT BOND
(LABOB ANO MAIERIALS)
RECITALS:
The Crty of Vemon, Calitomia ("Cd)/), has awarded to
Bond No.:
Premium Amount:$
Bond's Etlective Date:
1
(Name, address, and telephone ot Design-Euilder)
('Principal'),
a Contract (the 'CofltractJ for the Wort described as follows:
Specification
No.
in Vemon, CA.
2. Principalis requiled under CaiifomiaeIi!@E Sections 3247-32,18 and the lerms of $e Conlrac{- and allcontracl
documents relerenced in it ('Conlract Doflments')- to fumish a bond guaranteeing Principal's paying claims,
demands, liens, or suits for any work, labor, services, materials, or equipment fumished or used in the Work.
3. The Contract and Contract Documenls, including all their amendments and supplements, are incorporated into this
Bond and made a part of it by this reference.
OBLIGATIOT{:
THEHEFOBE, for value received, We, Principal and
(Name, address, and telephone of Surety)
('Surety'),
a duly admitted surety insurer under Califomia's laws, agree as follows:
By this Bond, We jointly and severally obligale and bind ourselves, and our respective heirs, executors, administratoc,
successors, and assigns to pay City lhe penal sum ol
Dollars ($____-) (1he Bonded Sum'), this
arnount mmprising not less than the total Contract Sum, in lawtul money of the United States of America.
Ihe Califomia Licensed Resident Agent for Surety is:
(tlame, address, and telephone)
Registered Agent's Califomia Department of lnsurance License No.
IHE CONDIIION OF THIS BOND'S OBLIGATION tS THAT, if Prirrcipal or a subcontractor faits to pay (a) any person
named in Califomia Civil Code Section 3181, or any su@essor legislation; (b) any amount due under Califomia's
Unemolownent lnsurance Qgg[e, or any successor legislation, lor work or labor performed under the Contract or Contract
Documents; or (c) any amount under Unemolovment lnsurance Code Section '13020, or any successor legislation, that
Principalor a subcontraclor musl deducl, withhold, and pay over to the Employment Development Depanmeot lrom the
wages ot its employees, lor rflork or labor pertormed under the Contract or Contract Documents, hen $rety shail pay
for tfie same in an amount not-tGexceed the Bonded Sum. Otherwise, this obligation becomes null and void. While this
Bond remains in fullforce and effecl, the following terms and conditions apply to lhis Bond:
1. This Bond inures h tE beneft of any ol the persons named in Califomia Civil Code Section 3181 , or any $rcessor
legslalim, gvtng fiose persons or hdr assilFs a dght ol adbn in any s.rit b{dlgtrt upon his Bond, urless Calitomia Civil
@lq Section 3267, or any successor legislation, applies.
2. An aheration, modificalion, change, addition, deletion, omission, agreemenl, or supplement to fie Contract, Contract
Documenis, or the nature of the Work performed under the Coniract or Contract Documents- induding, without
EXHIBIT 2 - PAYMENT BOND-1 of 3
limitalion, an extension of time for perfomance- does not, in any way, afiect Surety's obligations under this Bond.
surety waives any notice of alteration, modmcation, chang€, addition, debtion, omission, agieement, supplement, or
exension of lime.
3. Surety's oblgations under this Bond are separate, independent from, and not contingent upon any other surcty's
paying claims, demands, liens, or suils for any work, labor, services, materials, or equipment fumished or used in
the Work.
4. lf an action.at latti oI in equity is necessary lo enforce or interpret this Bond's terms, Surety must pay- in addition
to the Bonded Sum- City's reasonable attomeys' fees and litigation cosls, in an amount tne couri fiies,
S Surety shall mail City written notice at leasl 30 days belore: (a) the efiective date on wtrich he Surety will cancel,
terminate, or withdraw trom this Bond; or (b)this Bond becomes void or unenforceable for any reason.
On lhe dale set fodh below, Principal and Surety duly executed this Bond, with the name of eadl party appearing below
and signed by its representative(s) under the authority of its goveming body.
Date:
PRINCIPAL:SURETY:
(Company tlame)(Company tlame)
(Signature)(Signature)
By:By:
(ilame)(tlame)
Its:Its:
Oire)
Addrcss for Serving ibi:es or Other Docx.unents:
Fiue)
AddrBs br Seling Notbes or olher DGjmerts:
CORPORAIE SEAL CORPORAIE SEAL
. nrs BOi/D rill5l BE EXECUIEDNIHH-EATE. A1EEiEE , l5l BE AfTACtftD tr Tr/E AUt p TY tr Ar{y pEnsr/,{ StGt#,ltG AS ATIOA Eytt+ACL. THEAIrORNET+*FACTSS{CNAII,BEM/5IBENOrARZED.. A @BPORATE SE,/-M/5T BE fiipRESSED ONfrff FO |WTEN|HEWWALfifiESUREfl,OA WH,
ANEA@BNRfiIo/tI
APPROVED AS TO SURETY AND
AMOUNT OF BONDED SUM:
APPROVED AS TO FORM:
Direc'tor oI Public Works, Water and Development
Services City Attomey
ExHlBlT 2 - PAYMENT BOND-2 of 3
By
BOND ACKNOWLEDGMENT
FOR
SURETY'S ATTORNEY-IN-FACT
STATE OF CALIFORNIA
COUNTY OF
0n this _ day of 20-,
before me, (name), a Notary Public for said County, personally
appeared (name ), who proved to me on the basis of
satislactory evidence to be the person whose name is subscribed to this instrument as the attomey in fact of
, and acknowledged to me that he/she subscnbed the name of
as principal, and his/he own name as attomey in fact.
I certify undet PENALW 0F PERJURY under the laws of the State of Califomia that the foregoing paragraph
is true and conect
Notary Public
SEAL
ss.
EXHIBIT 2. PAYMENT BOND-3 of 3
1.
EXHIBIT 3
Bond No.:
Premium Amounl: $
Bond's Effective Date:
MAINTENANCE BOND
RECITALS:
The City of Vemon, Calitomia ('CM, has awarded to
(Name, address, and telephone of Cofltractor)
('Principal'),
a Contract (the 'ContractJ for the Work described as follows:
Specirication
No.
in Vemon, CA.
2. Principal is required under the lerms of the Crntract- and ail contracl documents referenced in it fftntracl
Documents F afier mmpletion ol the Work and before the filing and recordation of a Notice of Completion for the
Work, to fumish a bond lo sedre claims for Maintenance equal to ten percent (10old ol the total amount of the
Contract Vvhich shail hold good lor a period of one (1) year from the date the Crty's Notice ol Completion and
Acceptance of the Work is nbd rvith the County Recorder, to protect the City against lhe result of hulty material or
workmanship during that time.
3. The Contract and Contract Documents, induding alltheir amendments and supplemenls, are incorporated into this
Bond and made a part of it by this relerence.
OBLIGATION:
THEREFORE, for value received, We, Principal and
(Name, address, and telephone of Surety)
('Surety"),
a duly admitted surety insurer under Califomia's laws, agree as follows:
By this Bond, We jointly and severally obligate and bind ourselves, and our respective heic, executors, administBtors,
successors, and assigns lo pay City lhe penal sum ol
Dollarc ($______________J (the Bonded Sum'), this
amount clmprising not less than the total Crntract Sum, in lawful money of the united Slates of America.
The Califomia Licensed Resident Agent for Surety is:
(l'lame, address, and telephone)
Registered Agent's Califomia oepanment of lnsurance License No. _
THE CONDITION OF THIS BOND'S OBLIGATION lS THAT if the said Principal or any ol his or her or its subconlraclors,
or the heirs, executors, adminislratoc, successors, or assigns or assigns of ary, all, or either of them, shall hil to execute
within a reasonahe amount ol time, or fail to respond within seven (7) days with a Mitten sciedule acceptable to he City
for same, repair or replacement oI any and all Wo*, together wih any other adiacenl Woft whidr may be displaced by so
doing, that proves to be defective in its wo*manship or materiai for the period of one (1) year (except when otherwise
required in lhe Contrad to be for a longer period) fmm the date lhe Crtys Notice of Completion and Acceplance, or
equivalent, is filed with the C,ounty Recorder, odinary wear and tear and unusual abuse or neglect excepted with cspect to
such Wo and labor, the Surety herein shail pay for the same, in an amount not exceeding he sum specifed in this Bond.
1 When City declares that Principal is in delault under the Contract, or Contract Documents, or both, Surety shall
promptly remedy the delault using a procurement mehodology approved by City. seleci a contractor or contraclors-
acceptable to City to complete all of fie Work, and arrange lor a contract between the contacto(s) and City Surety shall
make available sufficient funds to pay he cost of repair or replacement of any and all Work and to pay and perform all
obligations of Principal under fie Contact and Conkact Documents- including ohercostsand damages forwhich Surety
is liable under thls Bond except that Surety's total obligation, as described here, will not exceed the Bonded Sum.
EXHlElT 3 - MAINTENACE BOND-] ot 3
2 ShouH he condition of hls bond be fully performed, hen this obligation shall become null and void, otrervrise it slrall be
and remain in tull torce and effect.
3. Surety, for value received, hereby slipulates and agrees thal no change, extension of time, alteration, or addition to he
tems ol said Contract or to the Work to be perlormed thereunder or the specifications accompanying the same shall in any
manner affect its obligalions on Uris bond, and it does hercby waive notice of any suci change, extension, alleration, or
addition.
4. Sureys obligalions under this Bond are separate, independent from, and not contingent upon any olher surety's
guaranteeing Principal's faithful performance o, the Work.
5. No right of action accrues on his Bond to any entity other than City or its successors and assigns.
6. lf an action at law or in equity is necessary to enforce or inteerel his Bond's terms, Surety must pay, in addition to the
Bonded Sum, City's reasonable attomeys'fees and litigafion cosb, in an amount the coud nxes.
7. Surety shall mail City written notice atleast30 days before; (a) he ettective date on which the Surety willcancel, terminate,
orwithdraw from this Bond; or (b) fiis Bond becomes void or unenforceable for any reason.
8. Death olthe Principal shall not relieve Surety ol its obligations hereunder.
On lhe date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below
and signed by its representawe(s) under the authority ol its goveming body.
Date:
PRINCIPAL:SURETY:
(Company tlame)(Company Name)
(Signature)(Signaturc)
By:By:
(Name)(tlame)
Its:Its:
(Iide)
AddEss for SeMng Noti:€s or other lbcuments:
(Tire)
Address lor Serving l{otices or Other Dodmerb:
CORPOHAIE SEAL CORPORATE SEAL
. f,6 @M' ET ff,OGCUIEDNIHP-ICAIE. A EItr III,SI BE ATfACHEDOF f'iE AUIIfi IY OF ATT{ PEfs[/N *NTIC AS ATIO IEYIMFACI.. nlE ATrO ,tEf 4,t+ACrS #NAnnE m$t BE tlof ARZED.. A @trOF/tE SE/IL Msir AE tu|PRESSED Ott Tt#f, FO n WHEN IrE pffiiotpAl- OR ftE StJFf:ty, OB NrH, ABE A
@RPCNAIAN
APPROVED AS TO SURETY & AMOUNTOF BONDED SUM: APPROVEDASTO FORM:
City Attorney
EXHIBIT 3 - MAINTENACE BOND-2 ol3
APPROVED AS TO SURETY & AMOUNT OF BONDED SUM:
Services
By
STATE OF CALIFORNIA )
) ss.couNTYoF )
On this _ day of
before me,
BOND ACKNOWLEOGMENT
FOB
SURETY'S ATTORNEY.IN-FACT
20-,
{name), a Notary Public for said County, personally
(name), who proved to me on the basis ofappeared
satisfactory evidence to be the person whose name is subscribed to this instrument as the attomey in fact of
and acknowledged to me that he/she subscribed the
name o{thereto as principal, and highe own name as
attomey in fact.
I certity under PENALTY OF PERJURY under the laws ol the State of Califomia that the loregoing paragraph
is true and correct.
Notary Public
SEAL
ExHlBlT 3 - MAiNTENACE BOND.3 of 3
EXHIBIT4
INSURANCE REOU!REMENTS
1.0 REOUIRED INSURAI{CE POUCIES
At its own expense, Contractor shall obtain, pay for, and maintain - and shall require each of its
Subcontractors to obtain and maintain - for the duration of the Agreement, policies of insurance meeting the following
requiremenls:
A" Workers' Compensation/Employer's Liability lnsurance shall provide workers compensation
statutory benefits as required by law.
1- Employe/s Liability insurance shall be in an amount not less than:
(a) ONE MILLION DOLLARS ($1.000.000) per accident for bodily injury or disease;
(b) ONE MILLION DOLLARS ($1.000.000) per employee for bodily injury or disease;
and
(c) ONE MILLION DOLLARS (S1.000.000) poliry limit.
B. Commercial General tiability ('CGL') (primary). City and its emplopes and agents shall be
added as additional insureds, not limiting coverage for the additional insured to longoing operations" or in any way
excluding covenge for clmpleted operations. Coverage shall apply on a pnmary, non+ontributing basis in relation to
any other insucnce or self-insurance, primary or excess, available to City or any employee, representative or agent ot
City. Coverage shall not be limited to the vicarious liability or supervrsory role of any additional insured. Coverage shall
contain no contractors' limitation or other endorsement limitrng the scope of coverage for liability arising from explosion,
collapse, or underground property damage-
1- CGL insurance must not be written lor less than the limits of liabilrty specified as lollows:
(a) ONE l/lLLlON DOLLARS ($1.000,000) per occunence for bodily injury (including
accidental death)to any one person;
(b) ONE MILLION DOLLARS ($1.000.000) per occunence for personal and
advertising iniury to any one person;
(c) ONE MILLION DOLLARS ($1.000.000) per occunence for property damage; and
(d) TWO MILLION DOLLARS ($2.000,000) general aggregate limit.
2. CGL insurance must include all major divisions of coverage and musl cover:
(a) Premises operations (including Explosion, Collapse, and Underground p(,C,U'l
coverages as applicable);
(b) IndependentContracto/sProtective;
(c) IndependentContractors;
ExHlBlT 4 - INSUBANCE BEOUIBEiTENTS - 1 of 6
(d) Products and Completed Operations (maintain same limits as above untilfive (5)
years after recordation of Notice of Completon)
(e) Personaland Advertising lnjury (with Employe/s Liability Exclusion deleted);
(0 Contractual Liability (including specified provision tor Contracto/s obligation under
Article 11 of the General Conditions); and
(S) Broad Form Property Damage.
3. Umbrella or Excess Liability ln*rance (over primary), if provided, shall be at least as boad
as any underlying coverage. Coverage shall be provided on a lay on behatf basis, with
defense costs payable in addition to policy limits. There shall be no cross liabilig exclusion
and no contracto/s limitation endorsement. the policy shall have starling and ending dates
concurent with the underlyrng coverages. The Named lnsured may determine the layering
of primary and excess liability insurance provided that if sudt layering dilters from that
described here, the actual covenge program meets he minimum total required limits and
complies with allother requirements listed here.
C. Business Automobile Liabilig lnsurance
1. Business Automobile Liability lnsurance must cover all vehicles, whether rented, leased,
hired, scheduled, owned or non{wned. ll Contractor does not own any vehicles, this
requirement may be satisried by a non{wned vehicle endorsement to the general and
umbrella liability policies. Busrness Automobile Liability lnsurance coverage amounts shall
not be less than the following:
(a) ONE MILLION DOLLARS ($1.000.000) per occunence for bodily injury (including
accidental death) to any one person;and
(b) ONE l\,llLLlON DOLLAHS ($1.000.000) per occunence for property damage; or
(c) ONE l\,llLLlON DOLLARS ($1.000.000) combined single limit.
D. Contractors Pollution Liability lnsurance (CPL)
1. Contractor or Subcontractor shall obtan, pay for, and maintain lor the duration of the
Contract Contraclors Pollution Liability insurance that provides coverage for liability caused
by pollution conditions arisrng out of the operations of the Contrac{or. Coverage shall be
included on behall of the insured for covered claims arising out ol the actions of independent
contEctors. lf the insured is using Subcontractors, the policy must include work performed
by or on behalf of the insured.
2. The policy limit shall provide coverage ot no less than one million dollarc ($1,0ffi,0(X)) per
claim and in the aggregate. Coverage shall apply to bodily iniury; property damage,
including loss of use of damaged property or ot property that has not been physically inured;
cleanup costs; and costs of defense, including costs and expenses incuned in the
investigation, defense, or settlement of claims.
ExHlBlT 4- INSURANCE REQUIBEMENTS - 2 0f 6
3. All activities contemplated in the Contract shallbe specifically scheduled on the CPL policy
as 'covered operations.' ln addltion, the policy shall provide coverage for the hauling of
waste from the Proiect site lo the linal disposal location, including nonowned disposal sites.
4. The policy shall specilically provide for a duty to defend on the part of the insurer. City, its
officers, employees and agents shall be added to he policy as additional insureds by
endorsement.
E. Builder's Risk lnsurance
1. Builde/s Risk lnsunnce covering all real and personal property for "all risks" ol loss or
'comprehensive penls" coverage including but not limited to he perils of earth movement
including earthquake and flood for all buildings, structures, fixtures, materials, supplies,
machinery and equipment to be used in or incidental to the construc{ion at the site, ofi site,
or in transit, forthe full replacement value of such properties. Coverage shall be induded for
property of others in the care, c'ustody or mntrol of the insured for which any insured may be
liable- The City will purchase a builde/s risk policy for the Proiecl inslead of a contractor
purchased policy. Bidder should not include cost tor this coverage in his/her tid.
2,0 GEI{ERALREQUIREMENTS-ALLPOLICIES
A. Qualifications ol Insurer. At all times during the term of this Contract, Contractor's insurance
company must meet all of the Iollowing requirements:
1. 'Admitted' insurer by the State of Califomia Department of lnsurance or be listed on the
Califomia Department of lnsurance's "List of Surplus Line lnsurers" ('LESLI");
2. Domiciled within, and organized underthe laws of, a State ofthe United States; and
3. Carry an A.lil. Best & Company minimum rating ol A:Vll".
B- Continuation Coverage. For insurance coverages that are required to remain in force after the
Final Payment, and if reasonably available, Contractor shall submit to City, with the tinal Application for Payment, all
certificates and additional insured endorsements evidencing the conlinuation ol such coverage.
C. Deductibles or Self-lnsured Retentions. All deductibles or self-insured retentions are subject to
City's review and approval, in its sole discretion.
D. Commercial General Liability and Business Automobile insurance policies must be written on an
'occunence" basis and must add the City of Vemon and its otficers, agents, employees and representatives as
additional insureds.
E. Contracto/s lnsurance Primary. Other insurance (whether primary, excess, contingent or self-
insurance, or any other basis) available to City, or its representatives, or both, is excess over Contracto/s insurance.
City's insurance, or self-insurance, or both, will not contnbute with Contracto/s insurance policy.
F. Waiver of Subrogation. Contractor and Contracto/s insurance company waive- and shall not
exercise- any right ol recovery or subrogation that Contractor or the insurer may have against City, or its
representatives, or both.
EXHIBIT 4 - INSURANCE REQUIREI\4ENTS - 3 ol 6
G. Separation of Insureds. Contractor's insurance policy applies separately to each insured or
additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the
naming of muhiple insureds will not increase an insurance company's limits of liability.
H. Claims by Other lnsureds. Contracto/s insurance policy applies to a claim or suit brought by an
additional insured against a Named lnsured or other insured, arising out of bodily injury, personal iniury, adverlising
injury, or property damage.
l. Premiums. City is not liable {or 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 Agreements insurance coverage requirements;
2. Require that Contractor obtain, pay for, and maintain more insurance depending on City's
assessment of any one or more of the following factors:
(a) City's risk of liability or exposure arising out ol, or in any way connected with, the
services of Contractor under this Agreement;
(b) The nature or number of accidents, claims, or lawsuits arising out of, or in any
way connected with, the services of Contractor under this Agreement; or
(c) The availability, or affordability, or both, of increased liability insurance coverage.
3. Obtain, pay for, or maintain a bond (as a replacemenl tor an insurance coverage) from a
Califomia corporate surety, guaranteeing payment to City lor liability, or costs, or boft,
that City incurs during City's investigatioo, administration, or defense of a claim or a suit
arising out of this Agreement; or
K. Contractor shall maintain the insurance poliry without intenuption, from the Prolect'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.
Contractols insurance mmpany shall mail City written notice at least thirty (30) days in advance ol the policy's
cancellation, termination, non+enewal, or reduction in coverage and ten (10)days belore its insurance policy's
expiration, cancellation, terminaton, or non-renewal, Contraclor shall deliver to City evidence ol the required
coverage as proof that Contracto/s insurance policy has been renewed or replaced with another rnsunnce poliry
which, during the duration of this Agreement, meets all of this Agreement's insurance requirements.
M. At any time, upon City's request, Contractor shall fumish satislactory proof of each tlpe o{ insuranc€
coverage require6- including a certified copy of the insurance policy or policies; cert icates, endorsements, renewals,
or replacements; and documents comprising Contractois self-insurance program- all in a form and content
acceptable to the City Attomey or City's Risk Manager.
N. ll Contractor hires, employs, or uses one or more Subcontracto(s) to perform work, services,
operations, or activities on Contractor's behall, Contractor shall ensure that the Subcontractor complies with the
following.
1. Meels, and fully complies with, this Agreement's insurance requirements; and
EXHIBIT 4 - INSURANCE BEOUIREMENTS - 4 oi6
2. Fumishes 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 of such documents shall not impose any liability on Cfy, or its employees.
O. Contracto/s failure to comply with an insurance provision in this Agreement constitutes a material
breach upon which City may immediately terminate or suspend Contractods per{ormance of this Agreement, or
invoke another remedy that this Agreement or the law allows. At its discretion and without waiving any other rights it
may have pursuant to law, City has the right but not a duty to obtain or renew the insurance and pay all or part of the
premiums. Upon demand, Contractor shall repay Crty ror all sums or monies that City paid to obtain, renew, or
reinstate the insurance, or City may oflset the cost of the premium against any sums or monies that City may owe
Contractor.
3.0 CONTRACTOR'SSUBMTTTALOFCERTIFICAIESANDENDORSEMENTS
A. Contractor shall have its rnsurance carne(s) or self-insurance administrato(s) complete and
execute the following insurance documents and shall deliver said documents at the same time Contactor delivers
this Agreement to City. City will neither sign this Agreement nor issue a'Notice to Proceed until the City Attomey or
City's Hisk Manager has reviewed and approved all insurance documents- Citys decision as to the acceptability of all
insurance documents is final. Sample insurance documents in the Citfs approved format are set forth in this 4.
B. Required Submittals for Commercial General Liability and Business Automobile lnsurance and
Contractor's Pollutron Liability lnsurance. The followrng submittals must be on forms satisfactory to the City Attomey or
City's Risk Manager, and signed by the insuEnce carier or its authorized representative - which tully meet the
requirements of, and contain provisions entrrely onsistent lvrth, all of the insurance requirements set forth herein.
1. 'Certificate of lnsurance"
2.'AdditionallnsuredEndorsemenf
3. Subrogation Endorsement lvaiver of Transfer to Rights of Hecover Against Others
Both Cedilicates o, Insuance and Additional lnsured Endorsements must read as follows: The City of Vemon,
and rts officers, agents, employees and representatives are included as additonal insureds under the policy(s). This
insurance is primary to all other insurance of the City. The City's insurance and self-insurance will apply in excess of,
and will not contribute with this insurance. This insurance applies sparately 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 lor any policy cancellation, termination, non+enewal, or reduction in coverage."
C. Hequired Submittals for Workers' Compensation lnsurance- Contractor shall provide City with a
certificate of insurance and a subrogation endorsement on forms satisfactory to the City Attomey or City's R sk
Manager, and signed by the insurance carrier or its authonzed representative - which fully meet the requirements of,
and contain provisions entirely consistent with, this Contract's workers compensation insurance requirements. lt
Contractor is self-insured for workers' compensation, a copy of the "Certificate of Consent to Self-insure' from the
State of Califomia is required; or if Contractor is la,rvfully exempt from workers' compensation laws, an 'Affirmation of
Exemption from Labor Code $3700'form is required.
D. Hequired Evidence of Builder's Hisk Coverage. City will provide a certificate of insurance and a
declarations page on a fom satisfactory to the City Attomey or City's Risk lllanager, and signed by the insurance carrier
or its authonzed representatrve. The policy terms must fully meet the requiremenls of, and contain provisions entirely
consistent with, all of the insurance requirements set forth herein. The City shall be named as a loss payee on the
insurance policy for the full replacement value ol all buildings, structures, fixtures and matenals to be constructed,
maintained, repaired or supplied pursuant to this Contract.
EXHIBIT4-INSURANCE REQUIREtIENTS -5of 6
E. C,ontractor agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that all required mverage is provided. Contractor agrees to obtain certtficates evidencing such coverage.
F. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that
includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such notice, but has the
right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
G. No liability policy shall contain any provision or delinition that would serve to eliminate so-called third
party action ovef daims, 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 konting or other mechanisms
to avoid risk transfer are not acceptable. l{ Contractor has such a program, Contraclor must fully disclose such program
to City.
EXHIEIT4-INSUHANCE REOUIREMENTS-6of 6
EXHIBIT B
SECTION 1
NOTICE INVITING BIDS
For
Urban Forest Management Services
in the
City of Vernon, California
Bids are to be signed and submitted in TRIPLICATE. ONE ORIGINAL AND TWO COPIES of sealed bids
must be received prior to 2:fl) p.m., on December 3, 2015, by the City Clerk, City of Vemon, 4305 Santa
Fe Avenue, Vemon, CA 90058, ("Bid Deadline').
All bids shall be enclosed in sealed envelopes, distinctly marked "Bid" with the title ofthe bid and
the bidde/s name address appearing on the outside.
Mail sufficiently early or deliver in person before 2:00 p.m. on the day listed in the Notice lnviting
Bids. Bids must be received in the City Clerk's Office before that time. At the bid opening, the City
Clerk shall open bid packages and acknowledge the receipt of Bids. Once all bid packages are
opened and announced, the Bid Forms will be made available for public review.
NO LATE BIDS WILL BE ACCEPTED
The bids shall be cleady titled. Copies ofthe Bid Documents, Plans and Specifications are available at no
charge at the Public Works, Water and Development Services Counter, Ciiy of Vemon, 4305 Santa Fe
Avenue, Vemon, between 7 a.m. and 5:30 p.m., Monday through Thursday. A non-refundable fee of
$20.00 will be charged if mailing is requested by calling (323) 583881 1.
A non-mandatory pre-bid meeting to answer any questions regarding the project plans and specifications is
scheduled for November 17, 2015 at 10:00 a.m. in the Department of Public Works, Water and
Development Services, 4305 Santa Fe Avenue, Vemon, California. This meeting is to answer any
questions regarding the project plans and specifications.
City of Vemon Contact Person: Scott B. Rigg
Phone: (323) 583-8811 x279
Facsimile: (323) 826-1435
Email: srigg@ci,vemon.ca.us
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Mandatory Qualifications for Bidder and Designated Subconfactors:
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 City has approximately 1,044 trees that comprise its Urban Forest. The scope of work
includes the pruning, removal, and replacement, of trees within the City of Vemon's (City) Urban Forest. The
Contractor shall prune the entire inventory of lndian Laurel trees an annual basis. Grid No. 2 shall be pruned
in year's 1 & 3. Grid No. 'l shall be pruned in year 2. Moreover, the scope of uiork includes the pruning all
trees located on City Govemment Facilities, City Owned Housing (ftont and back yards), and City Owned
Apartments on an annual basis.
The City's inventory of trees is reflected in Section No. 2, Page BF No. 7. The City reserves the right to make
changes or modifications to the pruning cycles at its discretion. The addresses of the above-mentioned
facilities are reffected below:
Government Facilities
Vemon City Hall: 4305 Santa Fe Avenue
Public Works Building: 4305 Santa Fe Avenue
Gas and Electric Building: 4990 Seville Avenue
Petrelli Electric Building: 2323 East Vemon Avenue
Fire Station No. 2 4301 Santa Fe Avenue
CiU Owned Housing
Fruitland Avenue:
Vemon Avenue:
Furlong Place:
3345 through 3365
3550 through 3560
4321 through 4330
City Owned Apartments
S0t,Street: 3376 through 3390
The work shall be done in accordance with the Pruning Standards for the Westem Chapter ISA and prolect
specifications, and the "Greenbook" Standard Specifications for Public Works Construction (2015 Edition),
including all supplements thereto issued prior to bid opening date.
Mandatory Qualifications for Bidder and Designated Subcontractors:
A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the essential
requirements for qualification. As part ofthe Bidder's Statement of Qualifications, each Bid must establish
that:
Bidder satisfactorily completed at least five (5) prevailing wage public contracts in Califomia; each
comparable in scope and scale to this Project, within five (5) years prior to the Bid Deadline and with a
dollar value in excess of the Bid submifted for this Project.
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Other Bidding lnformation:
'1. Contract Lenqth: three (3) years
2. Amount of Liouidated Damaqes: $500.00 per calendar day
3. Biddino Documents. Bids must be made on he Proposal Form contained herein.
4. Acceotance or Reiection of Bids. The City reserves the right to reject any and all bids, to award all
or any individual paruitem of the bid, and to waive any informalities, inegularities or technical defects in
such bids and determine the lowest responsible bidder, wtrichever may be in the best interests ofthe City.
No late bids will be accepted, nor will any oral, facsimile or electronic bids be accepted by the City.
5. Contractois License. At the time of the Bid Deadline and at all times during performance of the
Work, including full mmpletion of all corrective work during the Conection Period, Contractor must possess
a Califomia conkactor's license or licenses, cunent 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): D49 Tree Service License. The Bidder will not receive a
Contract award if at ttre time of submitting the bid, the Bidder is unlicensed, does not have all of the
required licenses, or one or more ofthe licenses are not current and active. lf the City discovers at
the time ofthe Bid Deadline that Contractor is unlicensed, does not have all ofthe required licenses, or one
or more of the licenses are not curent and active, the City may reject the Bid, cancel the award, declare
the Bid Bond as forfeited, keep he Bid Bond's proceeds, and exercise any one or more of he remedies in
the Contract Documents in addition to those provided by law.
6. Subcontractors' Licenses and Listinq. Bidders must list each Subcontractor whom the Bidder must
disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and the Bidder must
provide all ofthe Subcontractor information that Section 4104 requires (name, address, license number,
and portion of the Work). An inadvenent error in the license number will not be considered nonresponsive if
it is conected within 24 hours afler he bid opening. ln addition, the City requires the Bidder to list the dollar
value of each Subcontractods labor or services. The City reserves the right to review and disqualify any
proposed Subcontractor. The City's disqualifcation of a Subcontractor does not disqualify a Bidder. ln
such case, pnor to and as a mndilion to award ofthe Contract, the successful Bidder shall substitute a
properly licensed and qualified Subcontractor- wthout an adjustment of the Bid Amount. At the time of the
Bid Deadline and at all times during performance of the Work, each listed Subconkactois license must be
cunent and active for the portion of the Work listed and shall hold all specialty certifications required for
such Work.
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Authorizations. All fees for City of Vemon permits shall be waived.
8. Bid Forms and Securitv: Each Bid must be made on the Bid Forms obtainable at the Department
of Public Works, Water and Development Service. Each Bid shall be accompanied by a cashieis check or
certified check drawn on a solvent bank, payable to "City of Vemon,' for an amount equal to five percent
(5%) of the total maximum amount of the Bid. Alternatively, a satisfactory corporate surety Bid Bond for an
amount equal to five percent (5%) 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 (15) calendar days after the
date of the award of the contract, enter into a valid contract with the City for said Work in accordance with
the Contract Documents.
9. Bid lrrevocabilitv. Bids shall remain open and valid for ninety (90) calendar days after the Bid
Deadline.
10. Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution
of secunties for withheld funds is permitted in accordance therewith-
11. Prevailinq Waqes. This Project is a "public work'as defined in Califomia 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 lndustrial Relations of the State of Califomia, pucuant to the Califomia
Labor Code, and the rates determined by the Califomia Director of lndustrial Relations are available online
at www.dir.ca.qov/DLSR/PWD/.
12. Pavroll Records. Pumuant to SB 854, Contractor and any Subcontractors shall fumish electronic certified
payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).
13. Annual Fee to the Deoartment of lndustrial Relations (DlR). Pursuant to Labor C,ode 1725.5, Contractor
and any Subcontractors who bid or work on this project witr the City must register and pay an annual fee to
the DlR. This project is subject to compliance monitoring and enforcement by the DlR.
Mark Whitworth
City Administrator
Dated: (Authorized by City Attomey)
Published:
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City of Vernon
lnstructions for Bidders
Project: URBAN FOREST MANAGEMENT SERVICES
For the Department 0F PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES
City personnel with whom prospective bidders will deal with are:
Scott B. Rigg, Deparbnent of Public Works, Water and Development Services, 4305 Santa Fe Avenue,
Vemon, CA 90058 (323) 583-8811 Ext. 279.
Bid opening date and time: December 3,2015 C'Bid Deadline") at 2:fi) p.m.
Bids will be received and opened at the ffice of tre City Clerk, 4305 Santa Fe Avenue, Vemon, CA 90058
The bid must be received by the City Clerk prior to tre time set for bid opening. A bid received by the City
Clerk after the time set for the bid opening is a non+esponsive 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.
1, CONTRACTORS LICENSE
The Bidder must possess a valid State of Califomia Contractors License in the classification(s)
specified in the Notice lnviting Bids at the time of the Bid Deadline and at all times during the
performance ofthe Work, except as othenrvise provided in California Business and Professions Code
Section 7028.15.
2. INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND ADDENDA
A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of any part
of the Bidding Documents, or who finds discrepancies, enors or omissions therein or who
linds variances in any of the Bidding Documents with applicable law, such Bidder shall at
once submit a wriften request for an interpretation or conection thereof to the City's
representative identified in the Notice lnviting Bids, or other designated individual. All
Bidders shall submit such written requests to City not less than ten (10) calendar days prior
to the Bid Deadline. The person or entity submitting the request shall be responsible for its
prompt delivery to City's Contact Person identified in the Notice lnviting Bids.
Any interpretation or correction will be made only by Addendum issued by the City and a
copy of such Addendum will be delivered to all lnterested Bidders of record. Any Addenda
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so issued must be acknowledged in the Bid and the cost of performing Work described in
the Addenda shall be included in the 8id, Bidde/s failure to acknowledge receipt of all
Addenda may result in rejection of the Bid as nonresponsive. No person is authorized to
render an oral interpretation or conection of any Bidding Documents and no Bidder may rely
on any such oral interpretation or conection 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 e(end the Bid Deadline by issuing an
Addendum to lnterested Bidders no later than 72 hours prior to the Bid Deadline. Bidders
shall use complete sets of Bidding Documents in preparing Bids; City shall not assume
responsibility for enors or misinterpretations resulting from the use of incomplete sets of
Bidding Documents.
B. Copies ofAddenda 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 acknolvledge their receipt in the Bid.
OBTAINING DRAWNGS AND DOCUMENTS
Bidder may secure Bidding Documents only from the location specified in the Notice lnviting
Bids. City will maintain a |ist of persons who obtained a copy of these Specifications
('lnterested Bidders'). Only lnterested Bidders will receive Addenda, if so issued.
BID FORMS - SUBMITTAL
The Bids shall be made on the forms provided herein with all blank spaces propedy filled in.
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 specifc
information shall be completed with all applicable information for a Bid to be considered
responsive,
lnclude all Bid Forms, properly executed, and intact on forms provided. Enclose the Bid
Forms in a sealed envelope; type or print on the envelope "BIDS fof followed by the title
and Specification Number and the date and time ofthe Bid Deadline, and the Bidde/s name
and address. The envelope may be mailed, hand delivered, or delivered by courier or
package delivery seMce.
One Original Bid and two copies shall be hand delivered, delivered by couner or package
delivery service to the City Clerk, City of Vemon, 4305 Santa Fe Avenue, Vemon, CA 90058.
Bids received after the Bid Deadline or at any place other than the ffice of the City Clerk
will not be considered.
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
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B.
D.
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typemitten or legibly printed on the Bid Forms. The Bidder shall sign the form with his/her
usual wet ink signature.
B. Sole Proprietorship: An individual shall sign.
C. Partnership (General or Limited): A partner shall sign for a partnership; the partner shall
give the names and addresses of all partners.
D. Corporation: An officer shall sign for a mrporation. The corporate name must be attested
by the corporate seal. The names and titles ofthe president and allofficers ofthe corporation
who are authorized to sign the Bid Forms must be listed in an authenticated lncumbency
Certificate signed by the corporate secretary. A signature other than a corporate office/s
will be accepted only if an authenticated lncumbency Certificate is attached.
E. Joint Venture: Bidders shall use the appropriate section(s) listed above in B-D, based on
their applicable situation.
BID FORMS - SCHEDULE OF BID PRICES
A. The Bidder shall include in his/her Bid price(s) any and all expense or costs that may be
necessary to complete the project in accordance with the requirements ofthe Contact. The
cost of all mobilization, preparatory uork and operations for the multiple movements of
personnel, equipment, supplies, and incidentals to the various project sites must be included
in he various bid items, and no extra compensation will be paid to Contractor.
B. The Bidder shall state for each item on the Schedule of Bid Prices form, in clearly legible
figures, the Base Bid, the altemates, 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 conections unless the same are suitably authenticated by affixing in the margin
immediately opposite such erasure or conection the initials of the person(s) signing the Bid.
lf any Bid, or portion thereof, is determined by the City to be illegible, ambiguous or
inconsistenl, City may reject such a Bid as being non-responsive,
C. ln the case of a unit price item, the amount set forth, as the item total shall be the product of
the estimated quantity times the unit price Bid. ln 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 omifted, 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 bythe makeup ofthe Bid Form, sums shall be expressed in both words and figures,
and in case of discrepancy between the two, the amount written in words shall govem.
D. All requested Altemates, if any, shall be Bid. See the Schedule of Bid Prices for more
information and the list of Bid Altemates, if any. lf no change in the Base Bid is required,
enter 'No Change."
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7.BID SECURITY
A. Each Bid shall be accompanied by cash or a cashieCs 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 admifted
surety company (as defined by Califomia 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:Vll' or befter. Bonds issued by a Califomia admitted
surety not listed on Treasury Circular 570 will be deemed accepted unless specifically
rejected by the City. Bonds issued ftom admifted surety insurers not listed in Treasury
Circular 570 must be accompanied by all documents enumerated in Califomia Code of Civil
Procedure Section 995.660. All such bonds must be accompanied by a power of attomey
from the surety company authorizing the person executing the bond to sign on behalf of the
company. lf the bonds are executed outside the State of California, all copies ofthe bonds
must be countersigned by a Califomia representative of the surety. The signature of the
person executing the bond on behalfofSurety must be acknowledged by a Notary Public as
the signature of the person designated in the power of attomey.
C. Bid Security shall be in an amount not less than 5% of the Base Bid. Any Bid submitted
without Bid Security will be rejected as non+esponsive. The Bid Security shall be given as
a guarantee that the successful Bidder will execute the Conkact and will provide the
insurance, bonds and other required forms wrthin fourteen (14) calendar days after award of
the Contract. Bidders will be entitled to retum 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 Contact Code $
5101 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 the
Contract. ln 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 Biddeds 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 lov€st Bidder. lf the City rejects all other
Bids presented and re-advertises, the lowest Bidde/s Bid Secunty may be used to offset the
City's cost of re-advertising and receiving new BIds. ln that case, the surplus if any, will be
returned 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, return of executed copies of the Contract and necessary certification(s),
whichever first occurs, after which time the Bid Security will be retumed to all Bidders.
E. lf a Bid Bond is to be submitted, Bidder shall use the form entitled "Bid Bond" contained in
the Bidding Documents, which Bid Bond shall be properly executed and acknowledged by
the Bidder and by a corporate surety authonzed to kansact such business in the State of
Califomia.
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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 Ctty, result in the relection of
the Bid under which the Bid Bond is submitted.
BIDDER'S AND SPECIALTY CONTMCTORS, STATEMEI,ITS OF
QUALIFICATIONS
A. Each Bidder shall be required to complete, execute and submit with its Bid, the form entitled
"Bidde/s Statement of Qualifi cations.'
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. ln 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 Bidde/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 Bidde/s performance of the uork.
DESTGNATION OF SUBCONTRACTORS
A. Subcontractor Listing. On the Designation of Subcontractors form, the Bidder shall list each
Subcontractor whom the Bidder must disclose under the Subletting and Subcontracting Fak
Practice Act, Public Contract Code Section 41M. The Bidder shall provide: each
Subcontracior's name, the kade and type of work that the Subcontractor will perform, the
location (address) of the Subcontractois place of business, each Subcontractot's license
number, and the dollar value of each Subcontractois labor or services. lf additive Altemate
Bid ltems are included in the Bidding Documents, the Bidder shall identiry each
Subcontractor performing additive Altemate Bid ltems, when such Work - or the
combination of base Conkact Work and Alternate Work - exceeds one-half of one percent
of the total Bid Amount.
B. Subcontractorc' Licenses. At the time of the Bid Deadline and at all times during
performance of the Wo*, each listed Subcontractor shall possess a current and active
Califomia Contracto/s license appropriate for the portion of the Work listed for such
Subconkactor, and hold all specialty certifications required for such Work.
C. Disqualification of a Subcontractor. The City has the right to review the suitability and
qualifications of any Subcontractor proposed by the Bidder. As part of this review, the City
may request a Bidder to submit additional information about one or more of the listed
Subconiractors-including, but not limited to-a statement detailing the Subcontracto/s
expenence with pertinent information as to similar projects and other evidence of the
Subcontracto/s qualifications. lf requested, the Bidder shall provide the information to the
City within the time specified in the City's written request. After due investigation, if the City
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has a reasonable objection to any proposed Subcontractor, the City may, before giving the
notice of award, require the apparent successful Bidder to submit an acceptable substitute.
The City's disqualification of a Subcontractor does not disqualify a Bidder. However, prior
to and as a condition to award of the Contract, the successful Bidder shall substitute a
properly licensed and qualified Subcontractor without an adjustment of the Bid Price.
D. Work of Submntractors. The organization or anangement of the Specifications and
Drawings do not limit the extent of the Work for the Contract Documents. Accordingly, all
Bidders are encouraged to disseminate all of the Specifications, Drawtngs 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 fiom the Contract Documents, will not be a basis for adiustment of the Contract
Price or the Contract Time.
E. lneligible Subcontractors. The successful Bidder is prohibited ftom performing Work on the
Project wth any Subconkactor who is ineligible to perform work on a public works project
pursuant to Califomia Labor Code Sections 1777.1 ot 1777.7. ln submitting its Bid, the
Bidder certifies that it has investigated the eligibility ofeach and every listed Subcontractor
and has determined that none is ineligible to perform work pursuant to the above code
provisions.
CONTRACTOR'S NONCOLLUSION AFFIDAVIT
A Noncollusion Affidavit in the form provided by the City shall be signed under penalty of perjury,
certifying that the Bid is not the result of and has not been influenced by collusion. Bidder shall
submitthis form with its Bid. Any Bid made without such affdavit, or believed to be made in violation
of the requirements set forth in the affidavit form, may be rejected.
INSURANCE REQUIREMENTS
The Bidder shall submit to its insurance company or insurance agent the lnsurance Requirements in
this Specification and the Contract Documents. The insurance company's underuriter or agent must
complete the lnsurance Requirements documentation which states that the insure/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 OF DRAWNGS, SPECIFICATIONS, AND SITE OF WORK
A. The Bidder shall examine carefully the site of the Work contemplated and the Drawings and
Specifications. The submission of a Bid will be conclusive evidence that the Bidder has
investigated and is satisfied as to lhe 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
Conlract 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
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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 Conkact 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 than the Bidder anticipated, the Bidder agrees to assume all risks incident thereto,
PRICES AND PAYI/IENTS
Approximate quantities listed in the Schedule of Bid Prices are estimates given for comparing Bids,
and no claim shall be made against the City for excess or deficiency therein, actual or relative.
Payment at the prices agreed upon will be in full for the completed Work and will cover materials,
supplies, labor, tools, equipment, and all other expenditures incident to a satisfactory compliance
with the Contract, unless otheMise specifically provided.
SUBSTITUTIONS
Biddec wishing to obtain City's authorization for substitution of any material, device, product,
equipment, fixture, form, or type of construction shall submit all requests for substitution, including
all data necessary to demonskate acceptability, a minimum of thirty (30) calendar days pior to the
Bid Deadline. Approval of any such substitution shall be made in writing by the City. Bidders shall
refer to the appropriate provisions in the General Conditions for additional requirements for
substitutions. ln the absence of a written Addendum prior to the Bid Deadline or a Change Order
approving the request after Contract award, a request for substitution shall be deemed denied.
RETURN OF IMPROPER BIDS
Bids submitted after the Bid Deadline are non-responsive and shall be retumed to the Bidder
unopened. Oral, telephonic, telegraphic, facsimile or electronically transmifted Bids shall not be
considered unless the Notice lnviting Bids expressly permits such means of transmittal.
WITHDRAWAL OF BIDS
Bidder may withdraw its Bid either personally or by Mitten request any time prior to the scheduled
Bid Deadline by notice to the City's Contact Person designated in the Notice lnviting Bids. lf such
notice is written, it shall be signed by the Bidder and shall be date'stamped and time-stamped by the
City upon receipt. Withdrawn Bids may be resubmifted before the Bid Deadline provided that they
are in full conformance with these lnstructions to Bidders. Once submitted, all Bids are inevocable,
except as otheruvise provided by law. Requests for withdrawal of Bids after the Bid Deadline shall
be made only in accordance with California Public Contract Code S 5100, et seg. Bidder agrees by
submitting a Bid that such Bid shall remain open, is irrevocable, and may not be modifed, 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
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Deadline has expired at the time and location listed in the Notice lnviting Bids. A tabulation
of all Bids received will be available for public inspection at the Office ofthe Director of Public
Works, Water and Development Services, 4305 Santa Fe Avenue, Vemon, CA during
regular business hours for a period of not less than thirty (30) calendar days following the
Bid Deadline. The City reserves the right to accept or rqect any or all Bids and be lhe sole
ludge regarding the suitability of the products, services or supplies offered; and/or to waive
any inegularities or informalities in any Bids or in the bidding process, The City further
reserves the right to purchase all or fewer than all items or quantities of each item listed in
the Bidding Documents. The award of the Contract, if made by the City, shall be to the
lowest responsive and responsible Bidder.
B. Evaluation of Bids.
1. 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 lnviting Bids. As part ofthe Biddeis Statement
of Qualifications each Bidder must establish that it, as the cunent entity: (1) has
successfully completed at least five proJects) (5) similar projecb involving similar
work within the last five (5) years with a cost equal to or in excess of the Biddeis
Bid; and (2) has successfully completed at least five (5) public works prolects.
2. Responsive Bid. A responsive Bid is a Bid which conforms, in all matenal respects,
to the Bidding Requirements and Contract Documenb.
3. Responsible Bidder. A responsible Bidder is a Bidder who has demonstrated the
aftribute of trustworthiness, as well as quality, f,tness, capacity and experience to
satisfactorily perform fully he requirements of the Contract Oocuments.
4. Competency of Bidders. ln selecting the lowest responsible Bidder, consideration
will be given not only to the financial standing but also to the general competency
of the Bidder for the performance of the Work covered by the Bid including, but not
limited to, the experience of the Bidder in construction of public works for public
agencies. By submitting a Bid, each Bidder agrees that the City, in determining the
successful Bidder and its eligibility for the award, may consider the Bidde/s
experience with similar types of construction projects and facilities, conduct and
performance under other contracts, financial condition, reputation in the industry,
safety record and protocols and other factors which could affect the Biddeis
performance of the Work.
AWARD OF CONTRACT
The City reserves the right to rqect 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.
72
20.
lt.
BASIS OF AWARD
A. The City wrll award the Contract based on the lowest Base Bid including all options.
B. City reserves the right in its sole discretion to select any, all, or none of the Bid Alternates at
the time of award of the Contract, regardless of whether such Bid Altemates were used in
the analysis to determine the lowest Bid.
EXECUTIOiI OF CONTRACT
Within fourteen ('14) calendar days afier being notified by City that it has been awarded the Contract,
Contractor shall deliver to the City the following documents:
A. Three (3) copies ofthe Contract in the form included herein, properly executed by Contractor
and, if Contractor is a corporation, evidence of its corporate existence and that the persons
signing the Contract are authorized to do so, All signatures must be notarized.
B. Properly executed copies of the (a) Performance Bond (b) Labor and Material (Payment)
Bond and (c) Maintenance Bond in accordance with the requirements set forth in Article 13
of the General Conditions and in the form shown on Exhibits '1, 2 and 3 attached thereto. All
signatures must be notarized.
C. Propedy executed policies of all of the following: (a) the Commercial General Liability
lnsurance, (b) the Automotive Liability lnsurance, 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.
ln the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for the State
of Califomia, or on days when City Hall is closed, the 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 execute the Contract and return one (1) of said three (3) copies to Contractor for its
files.
PUBLIC RECORDS
City seeks lo 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 Oualifications and financial statements to
be submitted by Bidders. Each element of a Bid which a Bidder desires not to be considered a public
record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire
pages, documents, or other, non-specific designations) shall not be sufficient and shall not bind the
City in any way lvhatsoever. lf City receives a request ftom a third party to make a Bid available for
inspection and copying, the City will notify the Bidder of the request. lf a Bidder instructs the City that
the information is not to be released, City will withhold the information, provided, the Bidder
expeditiously seeks a protective order from a court of competent jurisdiction lo prevent such release.
22
13
23
lf disclosure is required under the Ca fornia Public Records Act or otherwise by law (despite the
Bidde/s request for confidentiality), the City shall not in any way be liable or responsible for the
disclosure of any such records or part thereof.
Bidder shall indemnify, defend (including Bidde/s providing and paying for legal counselfor City), and
hold harmless City, its officers, agents, employees, and representatives from and against all liability,
claims, suits, demands, damages, fines, penalties, costs, or expenses arising out of or alleging Citys
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., lhe Director of the Department of
lndustrial Relations of the State of Califomia and the United States Secretary of Labor have
determined the general prevailing wage rates in the locality in which the Work is to be
performed. Said rate schedules are available on the lnternet at www.dir.ca.qoviDLSR/PWD/.
The wage rate for any classification not listed, but which may be required to execute the
Work, shall be commensurate and in accord with specified rates for similar or comparable
classifications for those performing similar or comparable duties. To comply with California
Labor Code Section 1773.2, Contractor shall post, at appropriate and consplcuous locations
on the job site, a schedule showing all applicable prevailing wage rates and shall also comply
with the requirements of Califomia Labor Code Sections 1773 er seq.
B. Apprenticeship Committee Contract Award lnformation. Pursuant to California Labor Code
S 1777.5 and Title 8 of the California Code of Regulations $ 230, Contractor and
Subcontractors of any tier who are not already approved to train by an apprenticeship
program sponsor shall, within ten (10) calendar days of signing the Contract or subcontract,
as applicable, but in any event prior to the first day in which Contractor or Subcontractor has
workers employed on the Project, submit the Public Works Contract Award lnformation form
(DAS Form 140) to the appropriate local apprenticeship committees whose geographic area
of operation include the area of the Project and who can supply apprentices to the Project,
City reserves the right to require Contractors and Subcontractors to submit a copy of said
forms to the City,
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 conlain, for each worker classification, the
fund, plan or trusl name, address, administrator, the amount per hour contributed and the
frequency of contributions. Training fund contributions shall also be repo(ed in this form.
City reserves the right to require Contractors and Subcontractors to submit a copy of said
forms to the City.
14
24.
Notice to Subcontractors. Bidders shall notify all potential Subcontractors submifting price
quotations for portions of the Work of the requirements conceming payment of prevailing
wage rates, payroll records, hours of Work, and employment of apprentices.
SPECIAL CITY REQUIREMENTS
Special City forms and their instructions are an integral part of these specifcations and failure to
submit same may be grounds, in the sole discretion of the City, for rejection of any Bidder.
Living Wage Ordinance and Prevailing Wage Where Applicable. Contractor, and
Subcontractors, if any, shall comply with the terms and conditions of Ordinance No. 1187,
the City's Living Wage Ordinance. Upon request, certified payroll documents shall be
provided to the City. lf there is a difference between the Vemon Living Wage rates and the
Califomia Prevailing wage rates for the same classification of labor, Contractor and
subcontractor shall not pay less than the highest wage rate for that classification.
Equal Employment Opportunity in Contracting. The City of Vemon is committed to a policy
of equal opportunity in contracting. Qualified firms including small businesses and
businesses owned by women, minorities, and disabled persons are encouraged to submit
bids or proposals. Contractoc expressly agree to comply with fie 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 ofier parties with whom
it may subcontract shall adhere to equal employment opportunity practices to assure that
applicants, employees and recipients ofservice are treated equally and are not discriminated
against because of their race, religion, religious belief, color, national origin, citizenship,
ancestry, disability, sex, age, medical condition, pregnancy, sexual orientation or marital
status. Contractor certifies that it will not maintain any segregated facilities.
Contractor shall comply with all applicable Federal and Califomia laws including, but not
limited to, the Califomia Fair Employment and Housing Act (Califomia Govemment Code
Section 12900, eI seq), Califomia Labor Code Section '1735, and The Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.l. Contractor shall require like compliance
by all Subcontractors employed on the Work.
BID PROTEST PROCEDURES
Any Bidder submitting a Bid directly to the City and eligible for award of the Contract may
file a protest if the Bidder mmplies with all of the following requirements and conditions:
1. The Bid protest is in writing;
2. A protest based upon alleged defects or improprieties in the Contract Documents is
filed with the City prior to the Bid Deadline;
3. All other protests are to be filed and received by the City no more than five (5)
calendar days following the City's notice of intent to award the Contract; and
B.
15
B.
4. The wriften Bid protest sets forth, in detail, all grounds for lhe Bid protest, including
without limitation: all facts, supporting documentation, legal authorities, and argument
in support of the grounds for the Bid protest. All factual contentions must be supported
by competent, admissible, and credible evidence.
Any mafters not set forth in the Miften Bid protest will be deemed waived. Any Bid protest
not conforming to the foregoing requirements and conditions will be reiected by the City as
invalid.
Bid Dispute lndemnification. ln the event of a Bid dispute based upon the Bidde/s
submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend
(with counsel acceptable to City), and hold harmless the City, its City Council members,
employees, and agents from liability, claims, demands, damages, and costs arising
therefrom if such dispute or action arises solely upon the award of a Contract in compliance
with federal, state, and local laws.
[END OF DOCUMENT]
76
EXIIIBIT C
r}EPfcrFfEF
Tree Care Professionals Senting Communities Who Care About Trus
December 2, 201.5
City of Vernon
Attn: City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058
RE: RFB for Urban Forest Manatement Services
Due: Thursday, December 3,2015 at 2O0PM
To whom it may concern;
Thank you for allowing West Coast Arborists, lnc. (WCA) with the opportunity to submit a proposal to provide
tree maintenance services for the City of Vernon. WCA is a family-owned and operated company employing
over 750 full-time employees providing various task to achieve one goal: serving communities who care
about trees and landscape. We have reviewed, understand, and agree to the terms and conditions described
in this RFP. we also hereby acknowledge that we meet the minimum requirements and responded to each
of these requirements to the best of our ability with no exceptions.
WCA'S corporate values include listening to customers and employees that will help to improve services
offered. By establishing clear goals and expectations for the organi2ation, supporting its diverse teams, and
exchanging frequent feedback from customers and employees. WCA's top management team has created a
cuhure where employees become accountable for actions and resuhs-
wCA has a 43-year track record of working for more than 200 Calffornia, Arizona and Nevada municipalities
and other various agencies. Our company has been in business since L972 and is licensed by the california
State Contractors License Boards under license *366764. We have held this license in good standing since
1978. The license specializes in Class C51 (Tree Service) as well as Class C27 (Landscaping). We currently
employ over 75 Grtified Arborists and over 100 Certified Tree workers, as recognized by the Western
Chapter of the lnternational Societv of Arboricuhure. WCA is also registered with the Department of
lndustrial Relations (DlR) for Public works projects, our registration number is 1000m0956. Should we be
awarded this proiect, we shall use full-time, in-house employees; no subcontractors will be used.
Our employees operate from one of our Anaheim, California offices: Anaheim (Corporate HQ), Venturd, San
Diego, Riverside, Fresno, San Jose and Stockon. For questions related to this proposal and who has the
authority to negotiate, please contact Victor Gonzalez, V.P. MarketinS, at (714) 991-1900 or at
vRonzalez@wcainc.com. Tim Crothers, Area Manager, will be assigned to this proiect should WCA be
this contract. He can be reached at (714)412-1980 or at !9l9!ie!S@lg!gj-89.99!L.
Mahoney
www-WCAlNC.com
President
West (oast Arborists, lnc.
2200 E. Vio Burton Street . Anoheim, CA 92806 .714-991 .19OO.8OO.521.37'lA'Fox714-956.3745
BIDDING FORMS
sEcTtoN 2
BIDDER'S PROPOSAL
The undersigned submib his Bid in response to the Notice lnv ing Bids issued by the City to construct the Work of
the following Prqect in Erccordance with the Contract Documents:
PROJECT: URBAN FOREST UAIIAGEilENT SERVrcES
A. Enclosed herewith and by this reference incorporated herein and made a part of thb Bidde/s Bid are lhe
following completed forms:
1. Bidde/s Proposal
2, Schedub of Bid Prbes
3. lncumbency Certificate
4. Bid Security in the following form (d*k @e):
E cashie/s Chect D Certmeo Ctrect E Bid Bond ! Castr
5. Bidde/s Statement of Qualifications
6. Experierre Fom
7. Statement of Violations of Federal, State or Local La,v, if applicable
8- Specialty Contractor Statement of Qualifications
9, ContractorSafetyQuestionnaire
10. Designation of Subcontraclors
11. Contracto/s Affidavit of Noncollusion
12. lnsuranceRequirementsAffdavit
13. Statement of Disqualification or Debarment.
14. PrsBid Site lnspec{ion Certification
B. Acknowledgment ol Addenda. The Bidder shall acknowbdge the receipt of all Addenda by attaching a
signed copy of allAddenda, and by listing all Addenda received and attached in the space below.
None
lf an Addendum or Addenda have been issued by the City and not attached and noted above a6 being
received by the Bidde., tirc Bid may be rejected.
C. lnspection of the Work and Contnct Documents. Bidder certifies that it has carefully examined and is fully
familiar with all of the provisions ofthe Bidding Documenb and said Bidding Documenls contain sufficient
BF 10f39
BIODING FORIUS
detail regarding the Work to be performed; that it h6 notified City of any efiors or omissions in the Bidding
Documents and/or any unusual site conditions: and that it has carefully checked all words, prices, and
statements in this Bidding Document, Bidder hereby certifies that he/she and his/her Subcontractons have
inspected he site and related Drawings and Specifications of Work and fully acquainted themselves with all
conditions and matters which may in any way affect the Work, time of completion or the costs thereof.
Bidder also cenmes he/she has observed the designated Contractor Work areas and access routes, if
disclosed or shown, as part of the Work in this Contract.
SITE IIISPECION - CERTIFICATION:
Person(s) who inspected site of the poposed Work for your firm I
Name: Tim Crothers Date of lnspection 1 1/17l15
Area Manager
Date of lnspection
Tifle:
Name:
Title:
D. Bidder agrees that all costs of Work shown in tlE Bidding Documents, including work casonably inferable
therefrom and necessary thereto, are included in his/her Bid. All Work shown in he Conhact Documents for which a
specmc line item is not provided in the Bidding Form is included in the Bidde/s Total Base Bid Price.
E. Forfeiture of Bid Security, Bidder further agrees that, in case of his/her default rn executing the required
Contract and the required bonds, or fumishing t1e required insurance, the money payable under the Bid Security
accompanying this Bid shall be applied by the Crty towards payment of the damage to the City on account of sudl
default, as provided in the Bidding Documents.
F, Period of Inevocability. Bidder agrees fiat this Bid shall remain open and shall not be withdrawn for a
period of not less than ninety (90) calendar days from the date of award of Contract, or until rejected by the City,
whichever period is shorter.
G. Bid Dispute lndernnificafon, ln the event of a Bid dispute based upon the Bidde/s submission of this Bid and
the Crty acceplance of same, the Eidder shall indemnify, defend (with clunsel acceptable to City), and hold harmless
the City, its City Council members, empbye6, and agents from liability, claims, derEnds, damages, and costs arising
therefrom if such dispute or aclion arises solely upon the award of a Contract in compliance with fedeml, state, ard hcd
laws.
emolovee of the Citv of Vemon.
I hereby certify under penalty of perlury under the laws of the State of Califomia that the representations made herein
are true and conect.
Executed this 2nd day of December at Anaheim , Califomia
Statectv
8F 2 of 39
B]ODING FORMS
Bidde/s Proposal
Respectfully Submitted,
NAME OF BIDDER
COMPANY
NAME:West Coast Arborists, lnc.
ADDRESS: 2200 E. Via Burton
Anaheim, CA 92806
CONTACT pERSoN Victor Gen4alez
TELEpHoNENUMBER: (714)991-1900 FAXNUMBER: (714)991-'1027
E-MA|L. vgonzalez@wcainc.com
CALIFORNIA STATE CONTMCTOR'S LICENSE NUMBER: 366764
EXPIRATION DATE: 12131116
TAXtDENTtFtCATtoNNO.: 95-3250682
SURETy COMpANy. Contractors Bonding and lnsurance Company(CBIC)/ Stong Surety
All Bid forms must be sigrEd where so indicated by lhe person or peEons duly authorized lo sign on behalf of tte
Bidder. By signing the Bid, the person signing is deemed to represenlthat he or she has authority lo bind the Bidder.
Failure to sign the Bidde/s Poposal may invalidate the Bid.
BIDDER'S PROPOSAI- - SIGNATURE(S}:
Form of Entity of Bidder:
Please checkthe appropriate signature block below and fill in 4! related information.
[_l Sole Propdetorstrip:
By:N/A
Title
Printed name of person signing
Signature
List alld/b/a's:
I eartnersnip: n Generat Patuer E Limited Partner
BF 3 of 39
BIDDING F0Rlrts
By;N/a
Prinled narne of person signing
Signature
By
I X I Corporation: WCA is a Califomia Corporation located al22oo E.Vta Burton, Anaheim, CA 92806
Corporate Off icer Title:President
Signature ' \
I I Joint Venture: ! Corporation fl Partnership
E tndividuat E otler
Printed name of person signing
Signature
Name of all Joint Venturers:
[f the Bidder is a corporalion or a limited liability company, enter state or county of incorporation in addition to the
business address and include an incumbency certificate exeflted by a Secretary thereof in the form sel fodh herein
listing each officer with signing authority and hidher conesponding office. lf the Bidder is a partnership or joint
venturer staling hat the respective partner or jolnt venturer agrees to be held jointly and severally liable for any and
all of the duties and obligatrons of the Bidder under ttle Bid and under any conuet ansing therefrom. Attach
evidence to the Bid Proposal Form that the individual signing has authority to do so.l
8F 4 of 39
BIDDING FORMS
SCHEDULE OF BID PRICES
PROJECT: URBAN FOREST,{At'lAGEttlENT SERVICES
BIDDER'S tlA E: West Coast Arborists, lnc.
BASE BID
Pursuantto and in compliance with your Notice lnviting Bids and Contract Documents relating to the Project including
all Addenda (attach signed copies), Bidder, havir€ become thoroughly familiar with the terms and conditions of the
Contract Documents and with local conditions affecting the performance and the cosls of the Work at the place
lvhere the Work is to be done, hereby proposes and agrees to fully perform the Work within tlre time stated in strict
accordance with the ContBct Documenb (including the fumishing of any and all labor, materials, tools, expendable
equipment, and utility and transporlation services necessary to fully perform the Work and complele il in a
workmanlike manrEo for the total Base Bid sum of:
Iwo hundred fiftY€iqht th DOIlarS ($ 258.973.00 )
ITEN NO DESCRIPTION
ESTITATED
QUANTIW UNIT UNIT PRICE
ETTENDED
PRICE
1 lndian Laurel 180 Each $ 240.00 $ 43,200.00
2 Grid No 1 lnventory 355 Each $ 68.00 $ 24,140.00
3 City Govemment Bulldings 62 Each $ 140.00 $ 8,680.00
4 City Housing Each $ 140.00 $ 4,620.00
5 City Apartments 7 Each $ 140.00 $ 980.00
ITEM NO DESCRIPTION
ESTIMATED
QUANTIW UNIT UNIT PRICE
EXTENDED
PRICE
6 lndian Laurel 180 Each $ 245.00 s 44,100.00
7 Grid No, 2 lnventory 407 Each $ 74.00 $ 30,118.00
8 Citv Govemment Buildinqs A'Each $ 145.00 $ 8.990.00
I City Housino 33 Each $ 't45.00 $ 4.785.00
10 Citv Apartments 7 Each s 't45.00 $ 1 ,015.00
ITEM NO DESCRIPTION
ESTIMATED
OUANTITY UNIT UNIT PRICE
EXTENDEO
PRICE
11 lndian Laurel 180 Each $ 250.00 $ 45,000.00
12 Gnd No. 1 lnventorv 355 Each $ 79.00 $ 28.045.00
13 Cilv Govemment Buildinos ot Each $ 150.00 $ 9,300.00
14 City Housinq Each $ 150.00 $ 4.950.00
15 City Apartments 7 Each $ 150.00 $ 1,050.00
BF 5 of 39
Y1
Total Cost $ 81.620.00
Y2
-
Total Cost $ 89.008.00
Y3
Total Cost t 88.345.00
B,DDING FORI,IS
AODITIONAL SERVICES . MISC UNIT UNIT PRICE
ITEM 16 Complete Tree & Stumo Removal (Durinq Grid Trimminq)Per Tree $ 625.00
ITEM 17 Stump Removal (Durinq Grid Trimmino)Per Tree $ 195.00
IIEM 18 Comolete Tree & Stumo Removal - Mid.Year (Not Part of Grid)Per Tree $ 775.00
ITENl 19 Rool Prunino - lvid-Year (Not Part of Grid)Per Tree $ 195.00
ITEful 20
Tree Planting: 15 Gallon with Root Banier
(Durino Grid Trimmino)Per Tree $ 175.00
ITEM 21
Tree Planting: 15 Gallon wilhout Root Banier
(Durino Gritl Trimmino)Per Tree $ 155.00
ITEM22
Tree Planting: 24 Inch Box with Root Banier
(Durino Grkl Trimmino)Per Tree $ 295.00
ITEM 23
Tree Planting: 24 lnch Box wittrcut Root Barrier
(Durino Grid Trimmino)Per Tree $ 275.00
ITEM 24 Waterinq of 25 New Trees Per Day g 595.00
ITEM 25 Crew Rental: 3 Men, Aerial Unit, Dump Tnrck and Chipper Per Hour 9 210.00
ITEM 26
Emergency Work Call Out: 3 l\,4en, Aerial Unit, Dump Truck and
ChiDDer. Contractor shall resoond within 4-hours,Per Hour $ 270.00
BF5of39
ErDotNG FORt\,rS
URBAN FOREST INVENTORY
COMIIION NAME QUANTIW
Carrot Wood 339 (Gril lnventorv)
lndian Laurel 180
Lemon Bottlebrush 152 fGrid lnventorv)
Everqreen Pear '109 (Grid lnventorv)
Crape Mvftle 69 (Grid lnvenlorv)
Sweet Shade 38 (Grid Inventory)
Palm Trees 38
Firewheel 23 (Grid lnventorv)
Eastem Redbud 32 (Grid lnventory)
American Sweet Gum 17
Eucalyptus 16
[4elaluca 8
Jacaranda I
Oak Tree 4
Avocado 4
Chinese Elm 3
CoGl Tree 1
Pine Tree 1
Walnut Tree 1
Loquat Tree 1
TOTAL INVENTORY 1014
All work items, labor, matenals, tools and incidentals which are not specifically listed in the above bid items, but are
necessary to complete the proiect per specifications, and all other applicable standards and codes are considered to
be included in the bki items reflected above.
The City reserves the right to alter or change pruning cycles at its discretion; and lo contact the conlractor for
miscellaneous uork upon 30{ays' nofice.
The Contract will be awarded based on the lowest responsible bid of the Grand Total of year 1, 2, and 3 tree
trimming services,
lf there is a discrepancy between (1) the'Grand Total Cosf, (2) any of the "extended costs', or (3) the individual Unit
ftice, then the Unit Price shall control over the e(ended cost, and the extended cost shall control over the Grand
Total Cost. lf, however, the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or is [€
same amount as the entry for the unit item total, then lhe unit item total shall prevail and shall be divided by ttE
estimated quantity For the item and the price thus obtained shall be the unit price.
BF7of39
License Number
(dollar amount)
BIDDING FORMS
2200 E. Via Burton, Anaheim, CA 92806
Address
1212t15
Date
12t31t16
Date of Expiration
(SEAL - if Bid is by a mrporatbn)
Amount of Certified or Cashie/s Check or Bid
BF I of 39
SIDOII.IG FORMS
INGUMBENCY CERTIFICATE
Print legibly the names and title of the pesident and all oflicers of the Company wlro are authorized to sign the Bid
Forms:
Vemon that
(the 'Compan
this lncumbency Certificate on behalf of tle Company, and fu
duly elected, qualifed and acting offlcers of lhe Company, holding on the date hereof, the titles and posrtions set forth
opposite their names and are authorized to slgn the Bid Forms.
_ lN WTNESS WHEREOF, the undersigned has executed tlris lncumbency Certificate this 2nd day of
December,2015
PRESIDENT'S & OFFICERS' NAMEI
Patrick Mahoney
Richard Mahonev
Rose Epoerson
TITLE:
President & SecretarY
Assistiant Secretary
Treasurer
Richard Mahoney
Assistant Secretarys Nam+Printed
BF I o{ 39
BIODING FORMS
Bond No.: N/A
premium Amount g_N9!E_
Bond's Effec{ive Date: t 2 /3,/ l5
BID BOND
RECITALS:
1 . Ihe City of Vemon, Califomia ('City). has issued a ll,otic€ tnviting Bids for Ule Work described as foltows:
Contract No.Cj:9!97 Urban Forest ManageEent in Vemon, CA. ("Project).
Service s2 ln response hthe Notice lnviting Bids, ifEST COAST ARBORISTS ' INC. 2200 E. VIA BITRToN
(Name. addr€ss, ad telephone of Contractor)
STREET, ANAHETM, CA 9 2806 ("Principal"),
has submitted the a.€ompanying Bid fcr he Prcject.
3. Principal is required under he terms oI the Specification--€nd all Bidding Oodmenh refe{enced in it--to fumish
a bond wih he Bid.
4. The Specification, incfuding al| its anendments and supplements, and Pdncipal,s Bid are incorpor-ated into his
Bond and made a part of it by this reference.
OBLIGATION:
THEREFORE, for value received, We, Principat and
CONTRACTORS BONDING AND INSIJMNCE COUPANY, 1[1 PACIFICA, STE 350
(Nme, address, a.d teledtone of S!rcty)
IRVINE, CA 92518
Csurety.),
a duly admitted surety insurer under Cdifornia's lau,s, agree as fo[o!ys:
his amount mmprising not less tttan
States ol America.
By this Bond, We joinuy and severally oblt)ate and bind ours€lves, and our respective heirs, executors, administrators,
successors, and msigns to pay City the penalsumof 0F THE AMT. BID
FIVE PERCENT (5%) ol Principal's Base Bid, in lawful money of the United
The Calilomia Liaensed Resident Agent for Surety is:
STONG SIIRETY INSI'RANCE SERVICES, 4850 ARL]NGTON A\TE., RIVERSIDE,
cA.92504
(Name, ddress, and tehphone)
Registered Agent's Califumia Deparbnent of lnsurance License No.0663I61
THE CONDITION 0F THIS BOND'S OBLIGATION lS THAT, if: (1) Principat does not (a) withdraw its BtJ tur the
period specifed in he Bidding Documents, or--if no period is specified-{or ntnety (90) calendar days alter City
awads he Contract for the Project, or (b) attempt to wihdraw its Bid lvhen the requircments of Califomia Public
Contrad Code $5101 el seq., or any successor legislation, are not met; or (2) City ayrards Principal the Contract in
response to Principal's Bid, and u/i$in he time and manner specifed by he Specifcation or Contracl Documents or-
if no period is specified-wihin fourteen (14) cdendar days ater the Contract's award, Principal (a) signs and delivers
to City the Contract, in accordance with the Bid as accept€ , (b) fumishes he required bonds for noaonly Principal's
faihful perfomance and proper fulfillment of the Contract, but also Principal's payment for labor and materials used in
the ftoject, and (c) fumishes the required insurance, then bis obligdion becornes null and void. Ottrerwise, 0ris Bood
remains in fulllffce and efiect and he follor,{ing tems and conditions af}dy to his Bond:
1. Surety's obligalions under 0tis Bond are separate, independent from, and not contingent upon any other surety,s
guaranteeing that upon City's arvarding he Contact to Pdncipal, he Principal will enter into he Contract rvith City.
2. No right of action aclrues on this Bond to arry entityofier $at City or its successors and assigns.
3 ll an actjon at lav, or in equity is necessary to enforce or interEet this Bond's tems, Surety must pay- in addition lo the
Bonded SurIF CiV s reasonable atlomeys'fees and i]ation costs, in a{r amountthe court fixes.
BF 10 of 39
i
!
I
BIDDING FORMS
4. Surety shall mail City wn-Ien notice at least 30 days before: (a) Ule effective date fi whici the Surety will cancel,
terminate, or withdran from fris Eond; or (b) Uris Bond becomes void or uneoforceable for any reason
0n the date set forth below, Principal md Surety duly executed this Bond, with the name of each palty
appearing belowand signed by its repreeentative(s) underthe authority of iE goveming body.
Date: DECEMBER 2, 2015
PRINCIPAL:SURETY:
COAST INSUMNCE COMPANY
(Signature)
Patrick Mahonev
(Signature)
By:By:CHAEL D. STONG
(Neme)
hs: Presid ent
(Tide)
Addreas for Selirg Notice or Other Docum€nb:
2ZOO E. VIA BURTON ST
Its:
(llane]
ATTORNEY-IN-fACT
(Ti0e)
Addrese lor Sewing Nothes or Gher Docunrcr s:
ItI PACIFICA STE 350
ANAHEIM, CA 92A06 IRVINE, CA 92618
CORPORATE SEAL CORPORAIE SEAL
AfrDEfiE
'frIgr
E, ATIAUED tr THE AWHoF,fl OF ANY P.4,S$I9G'Y'flG AS ATIOtr',EY-II\'.fiACI
THE Arrof{iiEY4I+ACTS SGI'IATREflt'ST BE NOTAMD,
A CORfrRATE Sfl,L ffi'SI8E ,,,,PtrSSED ON f'il9 F0F./IT Yfr{EN THE PHNCIPN- OR 7}'E SUREN'
ORBOTH,Affi,ACtr(PMANou.
BF 11 of 39
CALIFORI{IA ALL.PURPOSE ACKI{OWLEDGMEIIT crvtL coDE s 1189
A nolary public or other orficer compieting this csrtilicate verities only the identily of the individuat who sigmed the
document to which this cerlificate is altached, and not the trulhfulness, accuracy, or validity ol that docunEnt.
State oI California )
County of __-_ Orange 1
9n December 2, 2015 before me, Amelia L Menzel, Notary Public
Date Here lnsen Name and Titte of the Officer
personally appeared Patrick Mahoney
Name(s) of Signe4s)
I certify und€r PENALTY OF PERJURY under the taws
of the State of Califomia that lhe foregoing paragraph
is true and conect.
t.cs rtllhl ,2t05ir7loll, hlillc . Cl dnlr
ome. Conty
WITNESS my hand and official
Signature I
Signature of
Place Notary Seal Above
OPT'ONAL
Though this section is oPtbnal, completing this intormation can deter altention ol the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Titte or Type of Documenr: clljryry_ll:gg Document Date:12t2t15
Number of Pages: 1 Signe(s) Olher Than
Capacity(ies) Glaimed by Signe(sl
Sioneds Name: Patrick Mahonev
fitborporat.Of@
Partner - Limited I Generalilndividual Attorney in Fact
Named Above: None
Signer's Name:
ECorporate Otficer - Title(s):
Partner - I Limited General. lndividual
, lTrustee
r Other:
Attorney in Fact
Guardian or Conservator'Truste€
Other:
Guardian or Conservalor
Signer ls Representing: WCA. lnc.Signer ls Representing:
@2014 National Notary Association . www.NationatNotary.org . 1-Boo-us NorARy (1-goo-876-6924 ttem #s907
who proved to me on the basis of salisfactory evidence io be
the within instrumenl and acknowledqed to
\ idt'. '\ a a{!ri nrri,.i
j:r rij', ^ : -\,r,1..i :'tjLd
A nowy public or other otficer completing this certificate verifies only the identity of the individual who slgned the
document to which this certificate is attached, and not the truthfuhess, accuracy, or validity ot that document.
CALIFOBTIAALL.PURPOSE ACKI{OWLEDG EIIT ctvrL coDE s 1189
State oI California
County ot Riverside
Or t2-e-t5 before me, R NAPPI "Notarv Public'
Date Here lnsed Nane and n e ofthe Ofiicer
personally appeared MICHAEL O. STONG
Name(s) of Signe4s)
who proved to me on the basis of satisfactory evidence to be the person(d whose name(B ivde
subscribed to the within instrument and acknowledged to me that helslre/tilcy executed the same in
his/tEr/tt eir authorized capacity066), and that by his4Er/thoir signatur€(d on the instrument the person($,
or the entity upon behalf of which the person({ acted, executed the instrument.
I certiry under PENALTY OF PERJUHY under the laws
oi the State of Cali{omia that the toregcing paragraph
is true and conect.
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this inlormation can deter alteration of the document or
haudulent reattachment ol this form to an unintended document.
Description of Attached Document
Title or Type of Document:Document Date:
Number of Pages: _ Signe(s) Other Than Named Above;
Gapacityfes) Claimed by Signer(s)
Signer's Name:Signer's Name:! Corporate Otficer - 1i{e(s):D Corporate Officer - litle(s):
E Partner - ! Limited tr General! lndividual ! Attomey in Fact
D Guardian or Conservator
!Partner - ! Limited tr General
! Trustee
E Other:
n Attorney in Fact
n Guardian or Conservator
Signer ls Representing:Signer ls Representing:
Econo Fence, lnc.
D lndividuai
E Trustee
D Other:
O2014 National Notary Association . www.NationalNotary.org . 1-800-US NOTAHY 0-800-876-6827) ltem #5907
RLI' chic.n t,.t Conody
9025 N Lindbersh Dr. I Peoria, IL 6 I 6 I 5
Phone: (E0o)645-2402 I Fax: (309)689-2036
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
Know All Men by These Presents:
That this Power of Attomey is not valid oI io effe€t unless attached to the bond which it authorizes executed, but may be detached by the
approving offcer if desired.
That this Power of Attomey may be efective and giyen to either or both of RLI Insurancc Company afld Cortrartors Bonding and
Insurance Company, rcquired for dle applicable bond.
That RLI Ilsursnce Company and/or Contractors Botrditrg and Insuratrce Company, each Illinois corporations (as applicable), each
authorized and licensed to do busircss in all states aDd the DisEiat of ColumbE do hereby make, conshtute and appoint:
Jeremv Pendermsl Rosemarv Nappi Michael D. Stone. iointlv or severaltv
State of Califomia . as Attomey in Facl,powel
cotferred upon him,rher to sign, execute, achowledge and deliver for and on its behalf as Surety,in general, any and bonds,
Dollarsundertakings, and recognizances in an amount not to exceed( S10.00O,000.0O ) for any single obligation
Tetr luillion
The acknowledgment and execution of such bond by the said Attomey rn Fact shall be as binding upon this Company as if such bond had
been executed and acknowledged by the regutarly elected officers ofthis Compary.
RLI Insurtlce Company and Contractors Bonding and Itrsurance Company, as applicable, have each fi[ther cenified t]rat the
follorving is a true and exact copy of the Resolution adoptcd by the Board ofDrectors ofeach such corpontioq and now in folce, to-wit:
"All bonds, policies, undertrkings, Powers of Attorney or other obligations of the Corporation shall be executed in the
corporete oame ofth€ Corporrtion by the Presidetrt, Secrctary, rtry Assistant Secretnry, Tre{surer, or atry Vice Prrsident, or by
such other oflicers as the Board of Dir€ctors may authorize. Ttc Pr€sfuleot, any Vice President Secretary, rtry Assistant
S€cretary, or the Treasurcr may eppoitrt AttorDeys itr Fact or Agents who shall hrve auahority to i$rue bonds, policies or
undertakings iB th€ tramc of the Corporrtiol. The corporrte seal is not necessary for the validity of ally bon&, policies,
utrdertakings, Powers of Attorney or other obligations of the Corporation. The signeture of any such ollicer and the corporrte
seal may be printed by facsimile or other electrotric
IN WTrNESS WHEREOF, RLI Insurance Company and./or Cootrqctors Bonditrg and lNurance Company, as applicable, have
caused these presenrs ro be executed by ils respective Vice President with its corporate seal affxed &is -!f4[day oflu4e ZqL'.
RLI Insuraflce Company
Contractors Booditrg rnd lnsuratrce CoEprDy
State oflllinois \ aa
CountyofPeoria t
On thrs
-ZJEL_
day of Junc . 2015
before me, a Notary Public. personally appeared
-EAy-.lC-DiL,
who
being by me duly swom, Power of
Attomey as the aforesaid ny and/or
Contractoas Bonding ah dged sald
instrumetrt to be the volunt
I, the undersigned officer of RII Insurence Company, andlor
ContraetoB Booditrg and lttsurarc. Comp.try, each lllinois
corporations, do hereby certri, that the attached Power of AEomey is
in full force and effect and is irrevocable, and fiuthednore, that the
Resolution of lhe Company as set forth in the Power of Attomey, is
now in force- In testimony whereoi I have bereunto set my hand and
the s€al of tie RLI hsrrance Coqpaqr and/or Cont{ctcrsB$l* "ra tnrn..oce compeny thrs J,/ld d^y ot Uarlfil)ot-
RI-I Insurance Company
Roy C. Die
CERTIFICATE
BIDDING FORMS
BIDDER'S STATEMENT OF QUALIFICATIONS
1, ORGANEANON
1.1 How many years has your organization been in business as a Contractor? 43 vears
1.2 How many years has your organization been in business under its presenl name? 37 vears
1.2.1 Llnder what other names has your organization operated?
Prior to '1978. we ooerated under "Georoe the Tree Man"
1.3 lf your organization is a corporation, answer the following:
1.3.1 Date of incorporatiorVorganization: Mav 10, 1978
1.3.2 State of incorporation/organization: Califomia
1.3.3 Corporate lD number. C0846211
1.3.4 Name of President: Patrick Mahoney
1,3.5 Agent for Service of Process: Patrick Mahonev, Victor M. Gonzalez, V.P.
1.4 lf your organization is a pamership, answer the following:
1.4-1 Date of organizationlformation: N/A
1.4.2 Type of partnership (if applicable): N/A
1.4.3 Name(s) of general partne(s): -$
1.4.4 List all states in which you are registered and state lD numbeG for eeh:
N/A
'1.5 If your organizatron is individually owned, answer the following:
1.5.1 Date of organization:
-![
1 .5.2 Name of owner: N/A
1 .6 lf the form of your organization is other than those listed above, describe and name the
prncioals: N/A
BF 13 oi 39
BIDDING FORMS
LICENSING
List jurisdiclions in which your organization is legally qualified to do business, indicate registration
or liceflse numbers, and c€tegory of license, if applicable.
California - License #366764: Classification: C-61/D-49. C-27
Arizona - License #258981 : Classffication: L-26
List jurisdictions in whbh your organrzation's partnership or trade name is filed.
N/A
2.3 Lisl any licensing suspensions and/or viohtions assessed against your organization within lhe past
live vears.
Mone
22
2.
2.1
J,
3.1
EXPERIENCE
normally performs
tree Dru
removal,crew
crew rental and lree inventory.
3.2 On the Experience Form, Iist the proiect information that establishes that Bidder rneets the
essential requicments for qualification set forth in the Mandatory Qualifications paragraph
of the Notice lnviting Bids for this Project.
Please see section titled 'STAFF QUALIFICATIONS" in the attached.
3.3 On a separate sheet, list projects to which your flrm or business has been awarded a
government conlract since your firm or business has been in existence (giving the name
and address of the project, the govemment agency, contact name and phone number, the
contract amount, and contract's starting date and ending date).
Please see section titled "REFERENCES' in the attached.3.4 On a separate sheet, list lhe experience and present commitmenb of the key indivijuab
of your organization.
Please see section titled "STAFF QUALIFICATIONS" in the attached.4. CLAIilS;LAWSUITS;GR|]{INALACTS
For the following questions, the term 'owne/ does not include owners of stock in your frm if your
firm b a publicly-faded corpoction.
4.1 ln lhe past five (5) years, have, you, your firm or any of its owners, pa(neB, ofrcers, or
employees been a defendant in court, or participated in an arbitration or mediation, on a
matter related to:
4.1.1 The performance, non-performance, default, violation, or breach of a contract or
ag reement?
List the cateoories of Work
personngl. GridTcircuit tree Prur
that your organization
ro. service reouesUsoe
own
and
with its
ng, tree
tal. tree
can be found in tie attad)ed proposal.
! ves trNO
BF 14 of 39
BIDOING FORl\4S
4.1.2 A vehicle collision or accident involving your firm's employees?
El yes trNo
4,1.3 Damage to real property arising outof your services or operations?
EI YEs trNo
4.1.4 Employment-related litigation brought by an employee of your fim?
Elves trilo
4.1.5 Payment to a subcontractor or supplie?
! ves
4.1.6 Defective, deficient, or substandard woft?
N YES
ENo
ENo
lf the answer to any questiorE in 4 1.1 to 4.1.6 is yES, identify the name of the person or
entity that sued (i.e., -trE plaintitr) or was invotved in the mediation or arbitration; list the
dale, court, cou( address, and case number; describe the facts and circumstances giving
rise to the lar suit, mediation, or arbitration; and set forth the outcorne or disposilion.
Attach additional sheets as necessary.
4.2 Have you or your llrm ever filed a claim for damages or a lawsuit, or requested arbitration
or mediation, againsl a govemment entity or a Client?
E ves EI Ho
4.3
lf YES, identifi the govemmenl entity or client; list the date, court and case number;
describe fte facls and circums{ances about the claim for damages. orthe lawsuit, or both;
and set forh the outcome or disposition. Attach additional slEets :rs necessary.
Are lhere any pending or outstanding judgmenls or liens againsl you, yourfirm, or any of
its owners, partrErs, oficers, or employees?
tr Yss Exrc
44
lf YES, identify the name of the person or entity entited to payment; list the date court and
case numbec describe fte facts and circumstances giving rise to the judgment or lien;
and set forth the arnount of the judgment or lien. Attach additional sheets if necessary.
ln lhe past five (5) years, has any government enlity ever: (a) investigated, cited,
disciplined, or assessed any penalties against you, your firm, or any of its owners,
pa(ners, officec, or employees, or (b) determined orconcluded that your firm or any of its
owners, pariners, officers, or employees violated afly laws, rules, or regulatlons?
BF 15 of 39
BIDDING FORI!1S
Eves Krc
lf YES, klentify the govemment entity; list the date, and describe the lacts and
circumstances about each instance. Attach additional sheets as necessary.
4.5 In the past five (5) years, have you, your firm or any of its omers, parlners, officers or
employees been convicled of a crime related to the bidding of a government contract, ttle
awarding of a govemment contract, or the performance of a government mntract?
('Convicted' includes a verdict of guilty by a judge orjury. a plea of guilty, a plea of nolo
contendere, or a forfeiture of bail.)
D vrs EI no
lf YES, identify the govemment entity; list the dale, cou( and case numbet, describe the
facts and circumstances about each instance; and set forth the penalty or punishment
imposed Attach additional sheets as necessary.
4,6 ln the past five (5) years, have you, your rirm, or any of ib owners, parheG, offcers or
employees been convicled of a crime involving embezlement, heft, fraud, forgery,
bribery, deceptive or unlawful business practices, perjury, falsifying or destroying records
or evidence, or receiving stolen property, or making or submitting a false claim?
fl vrs Erc
fYES, idenlify the crime or ofiense; Iist the date, coud and case number: describe the
facts and circumstances about each instance; and set forth lhe penalty or punishment
imposed. Anach additionai sheets as necessary
4.7 Have you or, if Bidder is a corporatbn, any principal of the mrporation ever been
convicted of a felony?
DYES EHo
if YES, please e&lain the details of that conviction and, if so, whether you or said officer
have served his or her sentence.
4.8 ln he past five (5) years, has a govemment entity determined or concluded that you, your
firm, or any of its owners, partrErs, ofiicers or employees made or submitted a false c.laim
(including a false claim for payment), or made a material misrepresenlation?
Eves E]rc
f YES, idenlify the govemment entity, and describe the facts and circumstances about
each instance. Attach additional sheels as 0ecessary.
4.9 Have you or your compafly ever been charged by any govemmental agency for failure to
follow safety procedures? lf YES, please explain.
fl YEs tr ro
BF 16 of 39
BIDDING FORMS
4.10 Has any govemmental agency ever submitted a complaint against you or your firm to the
Califomia State Labor Commission for farlure to submit certified payrolls? lf your answer
is'Yes', please provide the details of such complaint.
Dves Krc
5. FIRII,S OPERATIOI'IAL STATUS
5.1. ln the past seven (7) years, has your firm, or anyone else acting on behalf of your firm,
filed for bankruptcy, insolvency, receivership, or rcorganizatlon?
trves EHo
lf YES, list the liling date, identiry ff|e court and case numbel describe the facts and
chcumstances giving rise to each instarrce; and set forth the disposition orcurTenl strtus.
Attach additional sheeb as necessary,
5.2. ln the p6t five (5) years, has your firm had an consolidations, mergers, acquisitions,
dosings, Iayoffs or staff rcductions?
Eves Ero
Il YES, list the filing date, and describe the facts and circumstances abouleach instance.
Attach additional sheets as necessary.
5.3. ls your firm in the process of, or in negotiations toward: (a) mnsolidating, merging,
selling, or clGing its business, or (b) laying off employees or reducing staff?
trYEs Eilo
tf YES, describe the transaction; list the anticipated date for completing the transaction,
lalng off employees, or reducing staff; and describe the facts, circumstances, and re6on
for taking the action. Attach additional sheeb as necessary.
6. BIDDING;DEBARilIENT;CONTRACTPERFORIIANCE
6.1. Has a government entity ever debarred, disqualified, removed, suspended, or otherwrse
prevented you or your tirm forn bidding on, contracting, or completing a construction
proiect?
trves Euo
tf YES, idenlify the name of the govemment entity, list the date, and describe the facts
and circumstances aboul each instance, and state the reason for the govemmenl entity's
action against your firm. Attach additional sheets as necessary.
BF 17 of 39
L
SIDDING FORI\IS
6.2. Has a government entity ever rejecled your firm's Bid or Proposal on the ground that you
or your firm is a 'non-responsible' bidder or proposer?
Eves K xo
lf YES, idenlify the name of the govemment entrty, list the date, descrjbe the facts and
circumstances about eeh instance, and state the reason or basis for the gor/emment
entity's determining that your lirm was a "non-responsible' bidder. Attach additional
sheeh as necessary.
6.3. Have you or your firm ever failed to fulfill or perform - eittEr partially or completely - a
contract or an agreement with a govemment entity or a client?
fl ves E xo
lf YES, idenlify the name of the govemment entity or client, Iist the date, and describe the
facts and cirdrmstances about each instance. Attadr additional sheets as necessary.
6.4. ln the p6t fve (5) years, have you or any officer or principal ol your firm been an officer of
another firm which failed to perform a conkact or agreenrent?
Eves Erc
lf YES, list the date, and describe ttle facts and circumstances about each instance.
Attach additional sheets as necessary.
6.5. Has your firm ever advised a govemrnent entity or a ciient, while your firm was under
contracl with the govemment entity or client, that your firm could not (or urculd not) fulfill or
perform - either partially or completely - the contEct or the agreement based on lhe
prices that your frrm had odginally submitted in a Bk, or a Proposal?
tryes trrc
lf YES, list the date, identify the name of the govemment entity or client, and describ€ the
facts and circumstances about each inslance. Attach additional sheets as necessary.
6.6. Has your firm ever requested a govemment entity or a client, while your firm was under
contract with the govemment entity or client, to renegotiate one or more terms of the
existing contract or agreemenl?
EYes trro
lf YES, iientjfy the name of the govemment entity or client, list the date, and describe the
facts and circumstances about each instance. Attach additional sheels as necessary.
6.7. Has your firm ever requested a govemmeot entity or a client, while your firm was under
contract with the govemment entity or client, to: (a) cancel lhe contract or agreement, or
(b) release or discharge your firm form the contractor agreement?
BF 18 o, 39
BIDDING FORMS
DYES E xo
lf YES, identify t're name of lhe governrnent entity or clienl, list trlre date, and describe the
facts and circumslances about each inslance. Attach additional sheets as necessary.
6.8. Has a govemment entity or a client ever terminated, susperded, or non+enewed your
firm's contract or agreemenl belore its completion?
Eves trxo
lf YES, identiry the name of the govemment entity, list tfie date, and describe lhe fets
and circumstances about each instance. Attach additional sheets as necessary.
6.9. Has a govemment entity or a client ever notified or advised your firm that your frm's
performance under a contract or agreement was @r, sub-standard, deficient, or non-
complianP
Eyrs Erc
lf YES, identify the name of the govemment entity or client, [$ fne date, and describe he
facts aM circumstances about each inslance. Attach additional sheeb as necessary.
6,10. ln the past five (5) yeans, has your firm paid, or has your lirm been assessed, liquidated
damages on a contac{ or agreemenP
Eves Erc
lf YES, idenfiry all such conlractdpmjects by owner, owne/s address, the date of
completion of the poject, amount of liquirated damages assessed, and all other
information necessary to fully explain the assessment or payment of liquidated damages.
Attach additional sheets as necessary.
7. |]'ISURAiICE AND BOlilDS
7.1 . ln the past ten yeaF, has an insurance company or a surety company:
7.1.1 , Refused 1o insure your firm for liability coverage?
flYEs trxo
7.1.2. Canceled or non-renewed yourfirm's insurance coverage?
EYES trxo
7 .1 .3. Refused to issue your firm a bond?
E ves El ro
7 .1.4. Canceled or revoked a bond obtained by your firm?
DYes Erc
BF 19 of 39
BIDOING FORIVS
8.
lf the answer to any questions in 7 .1.1 lo 7.1.4 is YES, ijentify lhe name of lhe insurance
company or suety company, list the date, and describe the facts and circumstances
aboul each jnstance. Attach addition sheets as necessary.
7.2 ln lhe past ten (10) years, has an insurarce company or surety company made any
payments on your firm's behalf as a result of a default, to satisfy any daims against a
performance bond, payment bord, or maintenance bond issued on your firm's behalf?
EyEs E xo
lf YES, identify each contract completed or amount of each claim, the name and
telephone number of the claimant, the date, grounds and cunent stalus of the claim, and if
resolved, the method, nature, and amount of the resolution. Atlach addition sheels as
necessary.
SURETY
ff a performance and/or payment bond is required by ffris bid, identify the bonding
company if anangements for the bond have been made; if not, idenlify the bonding
company for he Contretods most recent proiect:
Contractors Bonding and lnsurance Companv
Narne and address of agent:
All of the above statements as to seerience, financhl qualificalions, and arrailable planl and quipment are
submitted in conjunc{ion with lhe poposal, as a part the,eof, and the trutfifulness and eccuracy of he
infonnation b guaradeed ry the Bidder.
I hereby certify under penaity of perrury under the laws of the state of Califq1ia that the representation made
herein are true and conecl.
Signature of Bidder
8.1
82
Patrick Mahoney, President
BF 20 of 39
Answers to Questions
4.1.2 = WCA has experienced a few minor accidents involving our company vehicles during the course of
our operations. WCA handles each accident expeditiously. Examples of vehicle accidents can be
provided upon request.
4.1.3 = lt is not uncommon for personal property to get damaged as a result of tree operations. These
items may include fencing, sprinklers, mailboxes, etc. WCA handles each accident expeditiously.
Examples of vehicle accidents can be provided upon request.
4.1.4 =ln2OL4, a Class-Action lawsuit was served on WCA for wage & hour allegations. The case is still
pending and no information can be provided at this time.
6.6 = On occasion, wCA renegotiates with customers in terms of pricing or work specifications or
assignments.
6.7 = On very few occasions, WCA will renegotiate the contract terms. ln cases, where the poect is not
financially feasible to continue, then we will request a new RFP and request to terminate the agreement
in accordance with provisions ofthe contract. An example has been with a contract we had in 2011 with
Nevada Energy.
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BIDDING FORI,lS
CONTRACTOR SAFETY QUESTIONNAIRE
Company Namq: West Coast Arborists, lnc.
Primary Type of Work: Tree and Landscape Maintenance Services
Person Completing Form:Patrick Mahoney
Title: President phone Number
Dale: 1212/15
SAFETY PERFORilANCE1. List your company's lnterstate Expenence RatirE Modifier (ERM)1 for the three most recent years.
(714) 991-1900
Training Plans
Training Certificates for Employees
Emergency Response Training
2014
20 13
20 12
.59
.90
2.List your company's number of injurieVillnesses trom your OSHA 300 logs for the three most recent years.
ml2t2oXl_20 14
Fatalities
OSHA ecordable incidenb
Lost 'ivo* day incidents
Total lost work days
Total hours urorked
Please see aftached.
3, Please provide copies of the following items (an); and ltems (d{) for each listed Subcontractor
a). OSHA 300 logs for the most recenl three yeaB e).
and cunent year{o{ate
b). Verifoation of ERM from your insurance canier 0
c). lniury/lllness Report
d). Complete Mitten Safety Program
Company Safety Contact:
a. Name Emesto Macias
s)
' ERM = applies to workers' compensation policies. lt compares he experieflce of tris contactor to others of similar size, type and
ratio Used against annual premium lt has a direc{ conelation to how much the mntractor pays in workers' comp premium.
a.
b.
c.
d.
e.
4
BF 22 of 39
.65
b. Phone (714) 991-1900
CONTRACTOR SAFETY QUESTIONNAIRE (continued)
SAFETY PROGRAT
SAFETY PROGRAM DOCUMENTATION
a. Do you have a writlen safety program manual?
1)Lastrevision date Arrglst 2n1 1
b. Do you have a written safety field manual?
c, Are all rorkers given a booklet that contains work rules,
responsibilities, and other appropriate information?
POLICY AND IUANAGEMENT SUPPORT
a. Do you have a safety policy statement frcm an officer of
he company?
b. Do you have a disciplinary process for enlorcement
of your safety program?
1.
BIDDING FORIIIS
2.
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d.
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Does management set corporate safety goals?
Does executive management review:
E Accident reporls?
ffi Satety statbticsZ
m lnspection reports?
Do you safety pre{ualiry subcontractors?
Do you have a written policy on accident reporting
and investgation?
Do you have a light{uty, retum-tcwork policy?
ls safety part of your supervisor's performance evaluation?
Do you have a personal protective equiprnent (PPE) policy?
Do you have a Mitten substance abuse program?
lf yes, does it include (check all applicable boxes):
0.
h.
i.
j
E Pre-employmenttesting
E Random testing
m Retum-to{uty testingI Disciplinary pmcess
E Abohol testing
E National InstiMe on Drug Abuse
ffi Reasonable cause testing
I Post accident lesting
E Panel Screen
Does each level of management have assigned safety
duties and responsibilities?@ro
3F 23 of 39
3. TRAINING AND ORIENTATION
a. Do you conduct safety orbntation training for eachemployee? @No
b. Do you conduct site safety orientation forevery @*o
person new to the Fb sile?
c. Does your safety pmgram require safety taining rneetings? @ to
for each supervisor (foreman and above)?
How often?! weekty EJMonthly ElQuartery Snnnually flOther
BlDDING FORI/S
d. Do you hold tool boxltailgate safety meetings
focused on your specifrc work operations/exposures?
How often?
M Weeklv I lDailv D Other
@*o
e. Do you require equipment operation/ceftfication training? @ ,o
4. ADMINISTRATION AND PROCEDURES
a. Do€s your written safety program address
administrative procedures?@*"
lf yes, chect which apply:X Pre projecUtask phnning X Emergency procedures
X Recodke€ping X Ar.dits/inspections
X Safety mmmittees X Accidenl investjgatio0vrepoding
-
HAzCoM X Training docurnentation
X Substance abuse prevenlion X Hazardous rrcrk permib
X Retum-tcwork
b. Do you have proiect safety committees?
c. Do you conduct iob site safety inspections?
How often?
_ Subcontractor preq ualification
E oaity I weekty E Monthly E other
Do these inspections includes a routine safety
inspection of equipment (e.9., scaffold, ladders, llre
extinguishers, etc.)?
d. Do you investigate accidents?
How are they reported?
E] Total company E By superintendent
[] By pro1ect ffi By project manager
I By foreman El ln accordance with OSHA
@*o
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e. Do you discuss safety at all preconstruction and progress meetings? @ to
BF 24 of 39
f. Do you perform rigging and litting checks prior to lifiing? ($ No
El For personnel E Forequipment ! Heavy liftsl-nnre than 10,000|bs )
WORK RULES
a. Do you periodically update work rules?
I wetoins and cutting (hol work) E other
OSHA INSPECTIONS
a. Have you been inspected by OSHA in tlle l6t three years?
b. Were these inspections in respoose to complaints?
c. Have you been cited as a result of these inspections?
When was he last update? April 20'15
b. What work practices arc addressed by your t ork rules?
E CpR#irst aid n Access--+ntrancedstairs
E Banicades, signs, E Respiratory protection
and signals
! gtasting [E Materhl handling/storage
ffi Communications I Temporary heat
! Compressed air and gases E Vehicle safety
fl Concrete work El Traflic control
E confined-space entry E Site visitor escorting
I Cranes/rigging and hoisting E Public protection
fl Electrical gounding [l Equipmenl guards and grounding
El Environmentai conlrols and E Moniloring equipment
Occupational heatth
E] Emergerry pmcedures E Flammable material handling/storage
El Fire pmtection and prevention E site sanilation
! Floor and wall openings n Trenching and e)cavating
m Fall protection I toct<ouffagout
fl Housekeeping ! Energized/pressuded equipment
E] Ladders and scafiolds
E] Mechanical equipmenU E Personal pmtecti\€ equipment
maintenance/prFop checks/ m Tools, power and hand
operation x} Ebdri:al Pot'rer lirEs
BIDDING FORMS
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@to
lf yes, describe the citations (add additional sheets if necessary):
2010: Citv of Pleasanton. heat and illness citation
BF 25 of 39
Bl0DlNG F0Rl,/S
DESIGNATION OF SUBCONTMCTORS
NAME OF BIDDER: West Coast Arborists. lnc.
Each Bidder must list, on the fom provided on the next page, each Subcontrmtor who will perform work or labor or render
service to the Contractor in or about the construction of the Work or improyement, or a Subcontractor licerEed in the Slate of
Califomia who, under subconlract to the Contractor, specially fabdcates ard installs a portion ol the Work or improvement
accoding to delailed drawings clntained in the Dmwings and Specifications, in an amount in excess of one-half of one
percent of the Contracto/s Base Bid Amount. Each Subcontractor must have an etive and cunenl license, and all requisite
specialty certmcatio ns, when listed.
Bidder must provide the following information for !!Q! Subcontractor.
1. The name ofthe Subcontracto[
2. The lrade and type of work that the SubcontEctor will perfom;
3. Location (address) of Subcontractofs dace of business;
4. Subcontracto/s license numbe[ and any specialty licenses; and
5. Dollar value of the Work hat he Subcontractor will perform.
Subletting or subcontructing of any portion of the Worfi in excess of one-hdf ot one percent of the Contractods Base Bid to
which no Subconractor was designated in the original Bid shall only be permitted in cases of public emergency or necessity,
and then only after a finding reduced to writing as a public record of the City setting forth the facts conslituting the emergency
or necessity.
If the Contractor violates any of the above provisions the Confactor may be in breach of his Contract and fie City may
exercise the option, in its own discretion, to (1) cancel this Contract, or (2) assess the ContIactor a penalty in an amount not
more than ten percent (10%) of he amount of the subcontract involved, and this penafty shall be deposited in the fund out of
which the prime Contract is awarded.
lf the Contractor fails to speciry a Subcontractor, or ifthe Contractor specifies more han one Subcontretor for the same trade
or type of Work to be performed under the Contract in excess of one+alf of one percent of the Contracto/s Base Bid Amount,
then the Contractor agrees that he/she is fully qualified to perform that Work himseff/hecelf, and that he/she shall perform that
Work himself/herself , ll after award of Contract, the Conlractor subcontracts any such Work, the Contractor will be subject to
the statutory penalties
DESIGNATION OF SUBCOI'ITRACTORS FORI,
IS ON THE FOLLOWING PAGE
BF 26 of 39
i
I
I
I
I
BIDDING FORMS
DESIGNATION OF SUBCONTRACTORS (continued)
Please type or legibly print (attach additionalsheeG as necessary).
Name of Subcontractor
Trade and
Type of Work
to be
Performed
Business Location
None to be used.
License
Number
Dollar ($)
Value
8F 27 of 39
BIODlNG FORfulS
The Contractor shall not:
A. Substitute any person as Subcontractor in place of the Subcontractor lisled in the original Bid, except
lhat the City may consent to the subslitution of another person as Subcontractor in any of the following
situalions:
1. When the Subcontractor listed in the Bid, after having had a reasonable opportunity to do so, fails
or refuses to execute a written contract fff the scope of Work specified in the Subcontretor's bid
and at the price specified in the Subcontracto/s bid, when that written conlract, based upon the
general terms, conditions, Drawings and Specifications for the Projecl or the terms of ContBcto/s
wntten Bid, is presented to the Submntractor by the Contmctor;
2. When the listed Subcontractor becomes insolvent or the subject of an order for relief in bankruptcy;
3. When the listed Subcontractor fails or refuses to perform his/her subcontract;
4. When the listed Subcontraclor fails or refuses lo meet the bond requirements of the Contractor as
set forth in Public Contract Code Seclion 4108;
5. When the Contractor derDnstrates to the City that the name of lhe Subcontractor was listed as the
result of an inadve(ent clericalenori
6, When the listed Subcontmctor is not lic€nsed pursuant to the Contractors License Law;
7. When the City determines lhat the Work perfornEd by the listed Subcontsactor is substantially
unsatisfactory and not in substantial accordance wrth the Drawings and Specificatlons, or that lhe
Sukontractor is substantially delaying or disrupting the progress of the Wor*;
8. When the listed Subcontractor is inelbible to wolk on a public works prolecl pulsuant to Section
1777 .1 ot 1777.7 ot the Labor Code; or
L When the City determines that the lbted SubcontBctor is not a responsible conkactol.
B. Permit any subcontract to be voluntanly assigned or transfened or allow it to be performed by anyone
otherlhan the original Subcontraclor listed in the original Bid, without the consent ofthe City.
C. Other than in the performance of'change orders' causing changes or deviations from the original
Contract, sublet or subcontrel any portion of the Work in excess of one-half of one percent of the
Contracto/s Base Bid Amount as to which hbiher original Bid did not designate a Subcontractor.
Prior to approval of ttle Conlractods request for a Subcontractor substitution, the City shall give notice in writing to the
listed Subcutractor of the Contracto/s request to suhtitute and of the reason for tlre request, The notice will be
served by certified or registered mail to the lasl known address ofthe Subconkactor. TtE listed Subconkactor who
has been so notified shall have five (5) Working Days within which to transmit to the City Mitten objections to the
substitution Failure to file these written obiections shall constitute the listed Subcontractofs consent to the
substitulion. tf Mitten obiections are filed, the City shall give notice in writing ol at lemt five (5) Working Days to the
listed Subcontraclor of a hearing by the City on the Contraclo/s request for substitution.
The Contractor, as a condition to asserting a claim of inadvertent clerical enor in the listing of a Subcontractor, shall
within two (2) Working Days after the trme of the Bid Deadline, give written noti..e to the City and copies of such
notice to both the Subcontractor he/she claims to have listed in error and the intended Subcontractor wfio had bid to
the Conkactor prior to the Bid Deadline.
BF 28 of 39
1
4.
BIDO]NG FORMS
QU ESTIONNAIRE REGARDING SUBCONTRACTORS
Bidder shall answer the following questons and submit with hivher Contract proposal.
1. Were bid deposilory or registry services used in obtaining subconlractors bid ligures in order to computeyourbid? Yes n No E
2. lf the answer to l,lo. 1 is "Yes", please forward a mpy of the rules of each bid depository you used with this
queslionnaire.
Did you have any source of subcontractors' bids other than bid depositories? No
Has any peGon or group lhreatened you with subcofllractor boycotts, union boycotts, or other sanctions to
attempl 10 convince you to use the services or abide by the rules of one or more bid depositories?YesE NoB
5. lf the answer to No. 4 is Yes", please explain the following delails;
(a) Date:(b) Name of person or group:(c) Job involved (if applicdle):(d) Nature of the threats:(e) Additionalcomments:
(Use additional paper if necessary)
6. Was a conscious effort made to recruit or povide equal opportunity for bids b or project area
subcontractors?Yes E No
y m norty
E
7. Was a mnscious effort made to recruit and hire poject area lo$/er-income residents?
Yes El No E
Please submit statement.
8. We declare under penalty of periury that the foregoing is true and conect.
Dated this -ry day of December 2015 .
All of the above statements as to experience, financial available
submitted in conjunction with he proposal, as a part thereof, and the
guaranteed by the bidder.
Name
By:
Tifler Patrick Mahonev, President
equipment are
lhe information is
lnc.
BF 29 of 39
CONTRACTOR'S AFFIDAVIT OF NONCOLLUSION
BIDDING FOR|\ilS
STATE OF CALIFORNIA
COUNTY 0F Orange
1.
Patrick Mahoney being lirst duly swom, deposes and says:
That he/sfE is the President flitle of office if a corporation, *sole owner,' "Partner,"
or other proper title) ol West Coast Arborists. lnc. (hereinafter called
"Contractof) who has submitted to the City of Vemon a Bkl for the mnstruction of the URBAN
FOREST llAl,lAGEtilENT SERVICESI
That said Bid is genuine; that the same is not sham; that all statements of fact therein are true;
That said Bid is not made in the interest or behalf of any percon, partnership, company, association,
organization, or corporalion not named or disclosed;
That Contractor did not, directly or indirectly induce, solicit, agree, collude, conspire or mntrive with
anyone else to submit a false or sham bid, lo reftain from bidding, or withdraw hiyher bid, to raise or fix
the Bid price of Contractor or of anyone else, or to raise or fix any overtead pmfit, or cost element of
Contractois price or the pnce o[ anyone else; afld did not attempt to induce ation prejudicial to the
interests of he City of Vemon, or of any other Bidder, or anyone else interested in the pmposed
Contract;
That the Conlractor has not in any manner sought by collusion to secure lor himself an advantage over
any other Bidders or induce action preiudicial to the interests of lhe City of Vemon or of any other
Bidder, or anyone else interested in the proposed Contract;
That the Contractor has not accepled any bid from any Subcontractor or material supplier through any
bid deposrtory, the bylaws, rules or regulations of wirich prohibit or prevent the Conhactor from
considering any bid from any Subcontractor or matenal supplier, trfiich is not processed through said
bid depository, or which prevent any Subconlractor or malerial supplier trcm bidding to any Contretor
who does nol use the facilities of or accept bids from or through such bid depository;
That the Contractor did not, directly or indirectly, submjt the Contracto/s Bid price or any breakdown
thereof, or the contents thecof, or divulge information or data relative hereto, to any corporalion,
partnership, mmpany, association, organization, bid depository, or to any member or agent thereof, or
2.
3.
4.
7
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BF 30 of 39
)
)
)
BIDDING FORMS
to any individual or group of individuals, except to the City of Vemon, or to any penion or persons vrho
have partnership or other financial interest with said C,ontractor in his/her business.
I declare under penalty of perjury under the laws of the State of California lhat the loregoing is true and conect,
Dated lhjs 2nd day of December 2015 at
lvlonth/Yea r
Patrick Mahonev
Contractor (Please Print)
Contractois Signature
President
CONTMCTOR'S SIGNATURE MUST BE NOTARIZED
Cily
, California
Stale
BF 31 of 39
CALIFORXIA ALL-PURPOSE ACKNOWLEOGMENT
State of Califomia
County of
--,-
Orange
9n December 2,2015 before me,Amelia L Menzel, Notary Public
Here lnsert Name and Title of the Officer
Patrick Mahoney
clvrL cooE s 1'189
Date
personally appeared
wnose nameftl@ere-
executed the sam6 in
strurnent the personF(
I cenify under PENALTY OF PEBJURY under the laws
oI the State of Cali{omia that the foregoing paragraph
is true and conect.
Name(s) ol Signer(s)
WITNESS my and official
csmrrdm , 2l0li5l7&t Ihalc -cdrcllh
o.r[a Cou y Signature
Signaturc of
Place Notary Seal Ahove
OPTIONAL
Though this sectlon h opttonal, completing this infomation can deter alteration ol the document or
fraudulenl reattachment of this torm to an unintended document
Oescription of Attached Document
Title or Type of Documenl: cdv o|ffi Document Date:1212115
Number of Pages: 1 Signe(s)
Capacity(ies) Claimed by Signer(s)
Other Than Named Above; None
Signer's Name: Patrick Mahonev Signer's Name:
@Corporate Oflicer - Title(s): President Ecorporate O!
Partner - Limited I General
ECorporate Officar - Title(s):
iPartner - : Limited 'General
lndividual
Trustee
Other:
lndividual
Trusteer Other:
' Attorney in Fact
Guardian or Conservator
Attorney in Facl
Guardian or Conservator
Signer ls Representing: WCA, lnc. Signer ls Representing:
02014 National Notary Association . www.NationalNotary.org . ',-8OO-US NOTARY (1 -800-876-6827) ttem #5907
A notary public or olher officer compl€ting this certilicate verifies only the identity ot the individual who signed the
document to which this ceriilicate is attached, and not the lruthfulness, accuracy, or validrty of [)at document-
I i1.!' ri, i Ar ,l,trl
L,.'.a1!.htrr!0llnol
,n,n:,ic , llktcq I{r )ll
, rt , ,r- tei*)!
IHE BIDDER'S TNSURANCE CoMPANY(S) OR INSUMNCE AGENT MUSr CoMptETE THrS FORM
AND
THE BIDDER MUST SUBMIT THIS CERTIFICAIION WTH THE BID FORMS.
l, tle unders(gned (Please check one box) tr underuribr X agenl, certify fiat I ard th€ Confador listd bdo{ haw
irinuy cviet €d lho'lnsu"ncs Roquicmsnts' in $ese Biidirg Docum€fib aM [E Confac{ DocumenE. f$E C[y of
Vemon ('Citt') awads lhs Contretor hs Conlract br fiis proiecl, l will be able--*fihln ,ourteon ( 1 4) cahndar days
aflsr the Contractor is notifed ol he Confets ardrHo fumish ttE Cily witi valid insurance forms (lncluding one or
more insurance certlflcates and addltord lnsurcd sndorsemenb) tlat fully meet dl of fis lnsuBnca Requlrsm€nts.
Liberty Mutual lnsurance '10/82015
Dab
Brandon Avew
lnsiJrance rqent's Name
(signature) R.,u *-a"s[.tr (z 4..r/r+r-/
790 Th€ Citv Drive (I*.cA 92868
Name of lnorance Company
.frarl'or! [*Eo+f
,nsurance Agent's Name (Pdnted)
City State Zp Code
West Coa$ Ahorisls lnc
Cont"actois Name City Specilicatlon Nwnber
Bebv State E Nane ol lnswance Cotwny Prcvidhg Coverage:
DO NOT write 'Will Provide," 'To Be Determined,' 'When Requ'r€d,' or similar phrases.
T82661439499-015 AS7-661 -03 94 9$,035
Commerc,al General tiability
wA756D.{X}9499-075
Automobile Liability
Wo eN' Com pensation Liability
Citu Will Pumhase Pdicv. if reduirEd
Builders Risk Pollution Liabifily
INOTE TO CONTRACTOR See "lnsurance Requiremenb' EXHIBIT 4 of he Contracl fDr lhe requiBment ol obtdning
Poltufor Lhblllty lnsurance.l
iIOIE TO IHE UIDERIYRITER I AGEt{Ti lf the insuranco forms that lhe Conlretor s$mits to the City do not fi. y
@mply with the lrEurarrco Requlreme0b, and/or lf tle Contador lails b submit the furms within the l'tiay time Emit,
the Clty may: (1 ) dec,lale lhe Cootrelofs Bid non-respomive, and (2) awad trE Contrad b the next lorxsst GsporBible
Bidder.
BF 32 ol 39
LII{NG WAGE COMPLIANCE CERTIFICATION
This contract is subject to the City of Vemon's Living Wage Ordinance, Vernon Municipal Code
Chapter 2, Article XVIII ("Ordinance"). The Ordinance requires that service contractors
providing labor or services to the City by contract in excess of$25,000;
I Pay no less than ten dollars and thirty cents ($10.30) per hour with medical benefits, or
eleven dollars and fifty-five cents ($ l 1.55) per hour without medical benefrts to all
employees, as defined in the Ordinance who, at any time, provide labor or delivery sewices
to the City of Vemon. Additionally, on July lst of each year thereafter the Living Wage rate
shall be adjusted by the change in the Federal Bureau of Labor Statistics Consumer Price
Index, for the Los Angeles area, for the most recently available 12 month period.
Accordingly, current City contractors will be required to adjust wage rates no later than July
Ist, to remain in complianc€.
) Notiry employees who spend any of their time providing labor or delivering services to the
City of Vernon who make less than twelve dollars ($ l2) per hour of their possible right to the
federal Eamed Income Tax Credit @ITC) under $ 32 of the lntemal Revenue Code of 1954,
26 U.S.C. $ 32, and making available to such employees forrns required to secure advance
EITC payments.
o If there is a difference between the Vernon Living Wage rates and the Califomia Prevailing
wage rates for the same classification of labor, the Contractor and subcontractor shall not pay
less than the highest wage rate for that classification.
The selected contractor will be required to show compliance with the Living Wage Ordinance by
submitting payroll records as requestd by the City. Each record shall include the full name of
each employee performing labor or providing sewices under the contract; job classificatioq rate
ofpay and benefit rate-
Provisions of the Living Wage Ordinance may be waived in a bona fide collective
bargaining agreement, but only if the waiver is explicitly set forth in clear and unambiguous
terms. If this provision applies, you must provide a copy of the collective bargaining agreement
to the City.
I do hereby certif,i and declare under penalty ofperjury that if awarded the contract for which
this bid./proposal is made. West Coast Arborists, lnc. will comply with the
(Namc of CoEpdoy)
requirements of the Vemon Living Wage Ordinance, Vemon Municipal Code Chapter 2 Article
XVIII and the rules and regulations promulgated thereunder. I understand that failure to comply
with the provisions of the Vemon Living Wage Ordinance may result in termination of the
contract as well as other penalties as in Vemon icipal Code Chapter 2 Article XVIII.
Patrick
(Name)(Titte)
(Signature)(Date)
Please retum this form with your bid./proposal. Questions concerning the Living Wage Ordinance should be
dtect€d to the Departsnent of Finance - Purchasing Division 323.583.881 l.
BF 36 of 39
CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES
Purchasing & Payables Division
;05 Sante Fe AvenueVerno& CA 90058
(323) 58H8rr Fax (323) 82G1433:@
Article I. Afridavlt of Equd OpportuDity Employmetrt &
N on-regregation (Form AA-l)
Article II. Vendor List Questiounaire (Forms AA-2 &3)
In order to be placed to the City's vendor list and be eligible to receive City business, you must provide
the following information except where indicated as "optional." By submitting this form you are
declaring under penalty ofpe4ury under the laws of the State of Califomia and the laws of the United
States that the information is true and conect. Furthermore, you are certifoing that your firm will adhere
to equal opportunity employment practices to assure that applicants and ernployees are not discriminated
against because of their racq religion, color, national origin, ancestry, disability, sex or age. And, your
firm does not and will not maintain or provide for its employees ary segregated facilities at any of ils
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
Address; 2200 E. Via Burton
Name of Company:West Coast Arborists, lnc.Business relephon"(211l9911-990
Fax number: (714) 991-1027
(optional)
City Anaheim state_tCA_ zip 92806
Contact Person Victor Gonzalez E-mail Addrcss vgonzalez@wcainc.com
(optional)
Tax ID Nurnber (or Social Security Number) 95-3250682
Renit Address (if different)Same as above.
The following section is OPTIONAL and is for statistical reporting purposes only. Ownership (please
check all that apply):
African-American- Asian- Armenian - Hispanic- Native American-
Disabled Female
Please state clearly and concisety the type(s) ofgoocls and services your conrpany provides:
BF 37 of 39
removal, tree plant rts, etc.
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EXHIBIT D
LIVING WAGE PBOVISIONS
Minimum Livino Waoes:
A requirement that Employers pay qualifying employees a wage ot no less than $10.30 per hour with health benefits,
or $11.55 per hour without health benelits.
Paid and Unoaid Davs Off:
Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or
personal necessity, and an additional ten days a year of uncompensated tme tor sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to the employe/s
compliance with lhe living wage ordinance. Employees may bring an action in Superior Court against an employer
for back pay, treble damages tor willful violatrons, and attomey's fees, or to compel Crty officials to terminate the
service mntract of vrolatng employers.
D.
EXHIBIT E
EQUAL EMPLOYMENT OPPORTUN]TY
PRACTICES PROVISIONS
Contractor certrfies and represents that, during the perlormance of this Agreement, the conlractor and each
subcontractor shall adhere to equal opportunity employment practces to assure that applicants and employees
are keated equally and are not discrimrnated against because of their race, religious creed, color, national
origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated
tacilities.
Contractor agrees that it shall, in all solicitations or advertisements for applicants tor employment placed by or
on behall of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will
receive consideration for employment without regard to their race, religious creed, color, national origin,
ancestry, handicap, sex or age.
Contractor agrees that it shall, if requested to do so by the City, certity that it has not, in the perlormance of this
Agreement, discriminated against applicants or employees because of their membership in a protec{ed class.
Conlractor agrees to provide the City with access to, and, if requested to do s0 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 podons ol such records are mnfidential or privileged under state or federal law.
Nolhing contained in this Agreement shall be construed in any manner as to require or permit any act which is
prohibited by law.
Aerrna Rrponr
MEETING DATE: SepEmbar 17, 2013
TO: HOI{ORABLE CITY COUNCIL
FROM: CFTAITTIINISTRATOR
SUBJECT: 4 REEqST TO THE CITY COUi|CIL OF THE Ory OF COMMERCE,CALFfiNIA REGARDIiIG THE IERMii|AIKIN OF AN AGREEMENT
BETUVEEN TRIMMING LA'iID CO IPAT$f. IIIC. AND THE CITY OFCOI'UERCE FOR TREE MAINIEI{AI{CE SERVICES. AI{DCOI{TiIDERAnoN oF AN EXTENSIoN oF THE AcfiEEMErr
PROBANOMRY PERIOO BY I2O OAYS
RECOMMENOANON:
outs {rce b -r ffi.ldon of lh6
Trlrrniqg Lfid Company, lrrc. OLC)
tirre,-b addr€ss concen. ,"sanrq rhe #*J$*""[h#fi
concefns.
MOTION:
City Coumil dbci€tbn.
BACKGROUT{D:
oa.
the qualiv end
&ittB{/alts and
with r€ir6nts. wa. comPl.ted'
. falluP !o corTh ulDrk tBqu.sE h a findy ma]rlar and as hflial9 Echeduled br
both t€e prunlng rd stjmp l€flroval wr. Planting tr smrg trges rt d€slrnaEd localbne.. Docrlmcnihg tYor* lhat nas rEver€ornplsH end slbmiuiru sn trrvoice 6r thts rrcdLo FaitIe lo place approp Ete trffic cfitd da/b€s (cms8, sEHy ligns, eb-) to alertrnoed$ and ped€alriall3 oftr€e rvat h progrrss.. lalurE g,l Eg cn?'v b rvar apgropriab perBon.t prDbcfiire aquhmert (such ae haR
hgt3 md saf€g gb!s€€) wh€n poft.niqg work.. Not lteing eppropriaE meint€nanc€ equipment wh€n pruning smallerd young f€€s,
and
. Rdsing mahre Cfllary lghnd phe tBes er(cas8iu€ly.
Amxm lrrr No.11-,
Clty Councr Aq6(rd. Rryt- i/LeE of Sefiltlbcr 17' 2013
;; Mahb;fu Ser"** by TftrrEm ra;d GqtFrv. lrE ' AgtedtE tt rtrr{ndidr
Pag! 2
$afi r€qEsts the City Council b comld6 the bllotrkE oPtbrB lESsrdng fti6 Agt€€tflenE
Stafr Econrnends lH the CiV Calnci cotl36€r Sior #S .ld.Stant ' 12O &!
ilL6,*.t!r} bd
"rda.tslon
anrd fltlsrd th€t conract b nfact iats e'lbrtaim'
FISCAL II'PACT:
Th6lt b no fiscsl irpacl
REIfiONSHIP TO STMTEGIC @ALSi:
Prr,d td Enl,allrF A.rafrY d lie h P
atd Fed8rel eflYirormartal tcgd&IE
will e'|tEnce trzbr quany b. a[ r€sldBfit3'
Revig,vcedby. J
6,-P'fr74r'
ApptoY€d as to fu.m:
Eduadc Ctlivc
City Afiom€y
RoYkrwed by:
Alsx H nilbn
lntsrim Dil€ ior of Publb wod(s and
Dalolopment S67viB
Prspargd by: ,,',
-l*L>
(4(na Nila
ErNironm€ntal Selvire3 Msnag€r
Attadlments: Clty of Comme.ce l-ctlE to Trimmhg Lind Cfitprny.lnc' d'bd 9/l1fl3
Fta: atr l cay Goud Aait R.Fra
FfF - fr- hh. r.a srvt- - aFrr. R.F.r3
Dfuedor of Finance
['t Tony rrffiipz
T nming Land Cornpany. lnc.
i0513 Dob,rE At .-
Sdr$ Gde, CA 90280
RE: and Trimnring t Nnd Go., hc. 6r E€e
2
Dear itr. Mertnsz
detty Bigns, eb.) to
a$JixrEnt (su.rl aa
253s coru*rr tfrr. CD!!rE, ciffulra 9oo{0 - B zzl lzz<aos.ttXtZmi-zssr3l *_.7"*,r.*;
frimn|iy L.rd lrttsr E AE eErne*P.lt fui ElEntbn
Scpa€,lter lr" 2o(l
P.EE2
. Not laing eerlp.Eb msinbmnoa eqtipffirt ul€n pming Ell and you'lg
t€6, and \ -
. Rtidng m.trre Cansy leland Phe teet lrcectudln {
lntgdm t,l]€ator of Public Wolf,s and 0€t €bprrl€nt S€rvic€a
Shcerely,
Abr Hamilon
RECEIVED
JAN 2 I 2016
CITY CLER('S OFFICE
,REEEIVED
JAN 2 5 2016
CITY ADMINISTRA
STAFF REPORT
PUBLIC WORKS, WATER AND DEVELOPMENT SERVI
DATE:
TO:
PREPARED BY:
RE:
Febrtaty 2,2016
Honorable Mayor and City Council
Vincent A. Rodriguez, Public Works project Coordi nator ,fk-
Acceptance of Work of Sutly Miller Contracting Company regarding
Contract No. CS-0534 - Slauson and Boyle Avenue and Traflic
Improvements.
Recommendation
A. Affirm that accepting the work of Sully-Miller contracting company, for the Slauson andBoyle Avenue and rraffic Improvements, contract No. cs-osg4, is categoricalry exempt
under the califomia Environmental euality Act (cEeA) in accordance w]th Seciion 15301,
Existing Facilities, part (c), existing highways and streets, because the project is merely to
repair existing streets; and
B. Accept the work of Sully-Miller contracting company, as part of the slauson and Boyle
Avenue and rraffic Improvements, contract No. cS-0534, and authorize the staffto submit
for recordation a Notice of Completion for the project.
Background
On July Sully_Miller Contracting
Company, as th d into a contract for the
Slauson aad Bo ents project. Construction began in late August
and consisted ofremoval ofthe existing asphalt pavement, adjusting to grade-manholes and
valves and rejuvenation by mixing the removed asphalt with new emulsified recycling agents,
water and additives cold central plant Recycling (ccpR) process. After curing ofthi re"cycled
asphalt, an overl ay of 2-inc ed asphalt concrete was installed on the streets perplans. In addition, removal damaged cwb, gutter, sidewalk, driveways, and
the installation ofhandicap
"o-pGted per the plans. High-iarly (10';thick)
concrete approaches were constructed at various intersections. Traffic Signal modifrcations weremade at three intersections. crack Sealing was completed on vemon Avinue, 49th Street, 3gth
Street and Malburg way. Channelization ofpaved streets incruded traffic striping and pavement
markings.
Fiscal Impact
- The "Slauson and Boyle Avenue and rraffic Improvements" (contract CS-0534) was
awarded to sully Miller contracting company for an amounr not to exceed $1,624,230.25. Theproject was completed under budget for a total cost of g1,5g0,973.41. It is recommended that theproject be accepted as complete and that the five p ercefi (5qa) retention of $79,04g.67 be paid
thirty-five (35) days after the recordation of the Notice of Completion, except such amounts as
are required by law to be withheld by properly executed and filed notices tostop payment, or as
may be authorized by the contract to be further retained.
Attachment(s)
l. Staff Report - Bid Award for City Contract No. 0534 without attachmenrs2. Contract Notice of Completion
a Page 2
RECEIVED
JUL '0 t 2015
CIIYOLERKSOTRCE
DATE:
TO:
FROM:
STAFF'REPORT
PUBLIC WORKS, WATER & DE\TELOPMENT SERVICES
DEPARTMENT
July 7,2015
Honorable Meyor and City Council
Samuel Kevin Wilsoo,4director of public Works, lVatcr and
Services Department
Originator: Felir p$co, Assistant Enginecr
Bid Award for City Cortract No, CS-0534: Slauson and Boyle Street andTrafric Improv€mentE
ACW%M ?/oz/ru.
RECEIVED
JUN t8 20t5
CITY ADMINISTRATION
Development
RE
Recommendetion
A.
(c) (etcisting highways and steets), b
and involves negligible or no expansion of existing use; and
B. Accep the bid proposar from Su y-Miller contracting company, as thc lowest
Flrolslvg and responsible bidder and enter into contract, not to exceed $1,624230.25,for the slauson and Boyle steet and rraffio Improvements project, city coot act Nocs-0534, and to reject all oth"' bids. Fwther auihorize " cortirgency oi $zs,ooo.oo in
{y eyel of an unexpected shanged condition in the project *a gr-t authority to thecity Administsator to issue a change order for an amount up to the 6ntingenoy amount
Backqround
deep of the existing asphalt pavement, adjusting
on by mixigg the removed asphalt with new
itives Cold Central Plant Recysting (CCpR) proc€ss,ASg curing 9f the recycled asphalt, an overlay of 2-inch thick Iatex
'noain"i Lpnai Joio"twill be installed on the sheets per pla:rs. In addition, rernoval and replacement of du-a"a a*t,gutter, sidewalt driveways, and.the insta[ation of handicap access ramps w l be completed per
the plans. High-Early (10" thicg concrae approaches wifl be tnstrucrea ai ,ari6usinterseGions.
Page I of2
Traffic Signal modifications will be made at three intersections. Crack Sealing will be done on
vemon Avenue,49th street, 38th su€et and Malburg way. channelization of paved streets slnll
ioclude traffrc striping and pavement markings.
On May 4,2015, the City Attomey approved as to form the ptoject specifications and onMtyl2,.2015' the City. Administrator authorized the adv€rtisement oitt" Noii"e Inviting Sealed,Competi and Boyle StreetInviting ity,s website andaddition in the following
Hill Constuction. The Departnent has
omr and Project Specifrcations, Instuctions to
ed by City Council on May J,2015 rmder the
Article IV of Chapter 2, Section 2.17.34. The
bids. for- contact No. cs-0534,
-slauson and Boyle Steet and rraffro Improvements prcj;t, w;rc
received and opened on June 10, 2015. The oalcula results were as follows:
l.)
J.
4. Sequel Contraclors Inc.
- A discrepancy was found in sully-Miller contacting company's bid benveen the ,.Grand
Total" and the "Total cost". In accordanc€ to ahe contract specifications, in the event ofa
discrepancy between the "Grand rotal" and the "Total cosfi dre ,,unit price,, shall contol over
the "Total cosf'. The "Grad rotal" cost detailed in the bid is $1,625,530.25. The calculated
total cost for this bid is $1,624,230.25. Therefore, the total contract dnount *ill be
$1,624,230.25.
Fiscal Imnact
Ih" totul budgeted funds for this project are $1,750,000.00. The public worls, warer and
Development services Deparurent has combined the capital Expenditure firnds from the
following Capital Irnprovement projecls in the approved Fy i}l5-20i6 City Budget:
$1,280,000.00 from Slauson Avenue Resurfacing @oyle to Downey)
{]!0,!!0,00 ftom Boyle Avenue Resurfacing (Stauson to Randolph)
$50,000.00 from Bandini Boulevard at I-710 Freeway Tratrc Sigiui Lnprovements
$40,000.00 from Santa Fe Avenue ar 28s Stee Trafic Signal Improvements
$30,000.00 from Slauson Avenue at Alcoa Avenue TrafEJSignal Improvements
$50,000.00 from Citywide Crack Seal Repair
The fow bjd amorurt of 1,624,230.25 is under the budgeted amount by $12s,7 69.75. Tk
remaining firnds will be used fot contingenoy costs.
Attechment(r)
l. Contact Ag€ement No. CS-0534
$1,624,230.25
$1,648,303.14
$1,721,9E0.00
$1,777,342.00
Page2 of2
Recorditrg Requested By
City of Vernon, Public Works, Water aud Deyelopmert
Fee Waived Pursuant To Govt. Code 6103
When Recorded Mail To:
City Clerk
4305 SaDta Fe Aveuue
Vernon, CA. 90058
SPACE ABO\G THIS LINE RESERVED FOR RECORDER'S USE
NOTICE OF COMPLETION
NOTICE OF COMPLETION IS HEREBY ctVEN that
1. The City of Vemon, v,'hose address is 4305 Santa Fe Avenue, Vemon, Califomia, as Owner of the public work ofimprovement knoun as the Slauson and Boyle Avenue and Traffic Improvements, located on Slauson Avenue
and Boyle Avenue as improved in accordance with Contract No. CS0534 berween Sully Miller Contracting
Company whose address is: 135 S. State Coltege Blvd., Suite 400, Brea, California 92b21 as CONTRACTOR,
and the PUBLIC woRKS, WATER AND DEVELOPMENT DEPARTMENT of the Ciry of Vemon for thefollowing work, to wit:
Fumish all transportation, equipment, materials, labor, supplies and services necessary for 2-6" cold in-place recycling, removal and replacement ofdamaged curb, gutter, sidewalks and driveways,
crack sealing, 2" thick modilied asphalt concrete overlay, street lane line striping and re-wiring ofthree trallic signar intersections, as described within the project specifications.
2. Notice is given that the Work of Contract No. CS-0534, as amended by Owner-approved changes, ifany, wasacc ded, however, this notice does not alter the responsibility ofthe irements ofthe Contract Documents including, but notlim or non-conforming work and does not constitute acceptanceof any disputed claims.
This notice is given in accordance with the provisions ofSection 3093 ofthe Civil Code ofthe State ofCalifornia.
Dated:PUBLIC WORKS, WATER AND DEVELOPMENT
CIryOFVERNON
BY:
Vincent A. Rodriguez
Public Works Project Coordinator
Vincent A. Rodriguez
Public Works Project Coordinator
ATTEST:
Maria E. Ayala, City Clerk
VERtrICATION
l, vincent A Rodriguez, Pubtic works Project Coordinator, state that I aln an officer of the city of vemonl that I have read the tbr oing Notice ofcompletion and know the contents thereof and that the same is t ue of my own knowledge, except as to the matteis which are therein slated oninformation or beliei and as to thos€ mafters I belieYe them to be true. I declare under penalty of perjury under the laws ofthe state of califomia that theforegoing is true and coEect. Executed in the City ofvemon on the above stated dale.
Approved as to Form:
Hema Patel
City Aftomey
REGEIVED
JAN 2 8 2016
CIIY CLERKSOITICE
R,EEEIVED
iAN 2 7 20,6
CITY ADMIINIST
STAFF REPORT
PUBLIC WORKS, WATER & DEVELOPMENT SERVI
DEPARTMENT
DATE:
TO:
FROM:
RE:
February 2, 2016
Honorable Mayor and City Council
Lissette Melendez, Associate Enginee
Grant Deed - 47fi) Alcoa Avenue
Recommendation
A. Find that accepting the Grant Deed is exempt from the Califomia Environmental Quality Act
(CEQA) in accordance with CEQA Guidelines section 15301(c) because if any construction occurs
as a result of accepting and executing the Grant Deed, the work would merely involve negligible
expansion of an existing street; and
B. Adopt the proposed resolution to authorize the Mayor and City Clerk to execute the Certificate of
Acceptance and the Grant Deed for approximately 1,25.00 square feet of land located at 4700 Alcoa
Avenue.
Backeround
As part ofa property development project, this Grant Deed from Alcoa Bel Air, a Nevada limited
liability company dedicates to the City of Vemon in fee simple title, a ponion of property at 4700 Alcoa
Avenue, assessor's parcel number 6303-019-01l. The dedication is approximately 1,251.00 square feet
in size, located on the east side of Alcoa Avenue in front of 4700 Alcoa Avenue. This dedication will
meet the City of Vemon's Master Plan of Streets and will be used for street purposes by increasing the
width of the righcof-way.
The grant deed has been approved as to form by the City Attomey's Office.
Fiscal Imoact
Processing of the Grant Deed has no fiscal impact.
Attachment(s)
None
RESOI,UTTON NO.
A RESOIJUTfON OF THE CITY COI'NCIL OF THE CITY OF
VERNON APPROVTNG AND ACCEPTING THE GRANT DEED
DEDICATING IN FEE A PORTION OF THE PROPERTY LOCATED
AT 47OO AICOA AVENUE
WHEREAS, Alcoa Bel Air, LLC (the "Grantor" ) has offered to
dedicate in fee a portion of tshe real propertsy in tshe Citsy commonly
known as 4700 Alcoa Avenue in the City of Vernon, approximately a,251
square feet in size, located on Alcoa Avenue, assessor's parcel number
5303-019-011 (the "Property" ) ,- and
WHEREAS, Grantor has del-ivered to the City a grant deed daEed
Decemlcer 7, 2015, dedicating in fee the Property to the City, a copy of
which is attsached hereto as Exhibits A ("GranE Deed"); and
WHEREAS, the dedication will meeE Ehe CiCy of Vernon's
Master Plan of streets and will be used for streec purposes by
increasing the width of the right-of-way; and
WHEREAS, by memo daEed February 2, 2015, E}:e Department. of
Publ-ic Works, Water & Development Services has recommended that the
City accepts tshe Grant Deed and approve execution of tshe Certificate of
Acceptance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION l-: The City Council of t.he CiEy of Vernon hereby
finds and determines that the above recital-s are true and correct.
SECTfON 2: The City Councif of t.he City of Vernon finds
that this action is exempt under the California Environmentaf Quality
Acts (CEOA), in accordance with CEQA Guidelines section 15301(c) because
if any construction occurs as a result of accept.ing and executing the
crant. Deed, the work would merely involve negligible expansion of an
existing street.
SECTION 3: The Cit.y Council of the City of Vernon hereby
accepEs the interest.s i-n real- property conveyed to the City of Vernon
by the cranE Deed, approves the Grant Deed and consents to Ehe
recordation of the Grant Deed.
SECTION 4: The City Council of t.he CiEy of Vernon hereby
authorizes t.he Mayor or Mayor Pro-Tem to execute the Certificate of
Acceptance accepting the crant Deed for, and on behalf of, the City of
vernon and the Cit.y C1erk, or Deputy City Clerk, is hereby authorized
tso attest thereto.
SECTION 5: The CiCy Counci] of the City of Vernon hereby
direcEs tshe City Administrator. or his designee, to take what.ever
acEions are deemed necessary or desirabfe for the purpose of
implemenEing and carrying out. the purposes of this Resol-ution and Ehe
act.ions herein approved or authorized.
SECTION 5: The City Councif of the City of Vernon hereby
aut.horizes the Department of Prlblic Works, water & Development.
Services, to su.bmits Ehe Grant Deed to the County Recorder.
2
SECTION 7; The City C1erk, or Deputy City Clerk, of Ehe
City of Vernon shaLl- certify to the passage, approval and adoption of
this resolutsion, and the Cj-tsy Cl-erk, or Deputsy City C1erk, of the City
of Vernon shal-I cause this resolution and the City Clerk's, or DepuEy
City Clerk's, certification to be entered in tshe File of Resolutions of
the Council- of this City.
APPROVED AND ADOPTED this 2"d day of February, 2015.
Name :
Title: Nlayor / Mayor Pro-Tem
ATTEST:
City Clerk / Deputy Citsy Clerk
3
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I,, City Clerk / Deput.y Citsy Clerk of E.he City
of Vernon, do hereby certify that the foregoing ResoluE.ion, being
Resol-ution No. , was duly passed, approved and adopted by the
City Councif of the City of Vernon at a regular meeting of tshe City
Council duly held on Tuesday, Febfltary 2, 201-6, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of t.he City of Vernon.
Executed this day of February, 20f6, aE Vernon, California.
Cit.y Clerk / Deputy City Clerk
(sEAr)
4
EXHIBIT A
RECORDING REQUESTED BY
and
WHEN RECORDED MAIL TO:
City of Vemon
4305 Santa Fe Avenue
Vernon, CA 90058
Atur: City Clerk
MAIL TAX STATEMENTS TO:
Exempt
SPACE ABOVE THIS LINE RESERYED FOR RECORDER'S USE
GRANTDEED
APN: 6303-019-011
DOCIIMENTARY TRANSFER TAX IS NOIYE - NOT REQUIRED SEC. 11922 REVENUE
TAXATION CODE.
FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS IMREBY ACKNOWLEDGED,
Alcoa Bel Air, LLC, a Nevada Limited Liability Company (the *Grantor")
HEREBY GRANT(S) TO:
City ofVernon, a body corporate and politic (the 'Grantee")
That certain real property (the *Conveyed Property"), as described in Exhibit *A" attached hereto and
incorporated herein by this reference, and as more particularly shown on the map attached hereto as
Exhibit "B" and incorporated herein by this reference. The Conveyed Property is a portion of the
property owned in fee simple by the Grantor. The property is located in the City of Vemon, County of
Los Angeles. State of California.
Date: December 7, 2015
(Grantort'
Mahasti Mashhoon. Manaper id R. Mashhoon, Man
CALIFORNIA JUNAT wlTH AFFIANT STATEUEI{T covERNMENT CODE S 8202
p See Attached Document (Notary to cross out lines 1-6 below)
5 See Statement Below (Lines 1-€ to be completed only by d9p signerfsl, nof Notary)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which lhis certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Subscribed and swom to (or affirme@ before me
on this Ert oav ot SAAUIfZY . zo lt.
(1)M AtlA S-I-t AASrtfl oo"..l
(and (2)rtAlrrrtr 0-.
Name(s) of Signe(s)
proved to me on the basis of satisfactory evidence
Sea/
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter altention of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:Document Date:
Number of Pages: _ Signer(s) Other
by
-ment Signer No- 1 Document Signer No. 2 (f any)
LISA PILLSBURY LORO ?
Commission # 2O71OB} I
Notary Pubtic - Catrtornia
=Los Angeles Counly I,''-.^ "^.. }l rrro,? i-i,,'llJ,"."iii,zo,ai.-
O2014 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #5910
State of California
IC6 ANLEIES
EXHIBIT A
CASTREET DEDI TION
THE WESTERLY 5.OO FEET OF THAT CERTAIN PARCEL OF LAND SIIUATED IN lHE CIT OF VERNON, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, AND BEING THAT PORTION OF LOI 21 IN THE 5OO ACRE TMCT OF
LOS ANGELES FRUITLAND ASSOCIAIION, PS PER MAP RECOROEO IN BOOK 3 PAGES 156 AND 157 OF
MISCELI.ANEOUS RECORDS, IN THE OFFICE OF ]HE COUNry RECORDIR OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT IHE POINT OF INTERSECTION OF THE EASIERLY LINE OF ALCOA AVENUE, FORMERLY, MAGNOLIA
AVENUE, AS SAID ALCOA AVENUE NOW EXISIS 5OOO FEII IN WIDTH WITH THE NORTHERLY LINE OF ]HE
STRIP 0F LAND 17.00 FEII lN WDIH CoNIVE/ED T0 LoS AI.IGELES ANo SALT LAKE RAILRoAD CoMPANY, BY
DEED RECORDED lN B00K 15607 PAGE 262, OFFICIAL RECORDS, 0F SAiD COUNTY; IHENCE Er'STERLY
J36,90 FEEI, ALONG SAID NORTHERLY LINE TO THE Y{ESTERLY LINE OF ]HE IOO.OO FOOT STRIP OF LAND
CONVE.YED TO THE CIl'/ OF LOS ANGELES, R/ OEED RECORDED IN BOOK 6786 PAGE 245, OFTIChL
RECORDS, OF SAID COUNTf THENCE NORIHERLY 420.20 FEII ALONG SAID WESTERLY LINE TO THE
N0RTHERLY LINE 0F SAID LOT 21; THENCE WESTERLY JJ6.8J FEEI AL0NG SAID NORTHERLY LINE T0 IHE
EASTTRLY LINE 0F ALCOA AVENUE; THENCE SOUTHERLY 420.44 FEEI ALONG SAID EASIERLY UNE T0 IHE
POII'IT OF BEGINNING.
ryCEPT ]HE NORTHERLY 17O.OO FEfi OF SAID LAND,
ALSO EXCEPTING ]HEREFROM ALL MINERAL AND MINEML RIGHTS, INCLUDING OIL AND GAS RIGHTS.
DEDICATION COMAINS AN AREA OF APPROXIMATELY 1251,00 SF OR 0.028 ACRES.
?RoJE)I
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._L----f-:
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 272E1)
This is to certify that interests in real property conveyed to or created in favor of the City of
Vernon by that certain Grant Deed dated December 7, 2015, executed by Alcoa Bel Air, LLC, a
Nevada limited liability compaay, is hereby accepted by the undersigned officer on behalf of the
City punuant to the authority conferred by Minute Order by the City Council of the City of
Vernon on February 2, 2016, and the grantee consents to recordation thereof by its duly
authorized officer.
Dated:2016
CITYOFVERNON
W. MICHAEL MCCORMICK, Mayor
ATTEST:
MARIA E. AYALA, City Clerk
APPRO\'ED AS TO FORM:
HEMA PATEL, City Attorney