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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. / / / / / / / / / 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. / / / / / / / / / 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. / / / / / / 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 E.g U)EP(l)=o=EE E?'E9 =Coo) o O r^co tss = (S€?aE 69! !>9 oEo co b- cu IJJo. oF :(0 E6 + ?I '68 S 6 '"g -. ct:* ai r' 6+ hg z' c.i: B! E Eg2 :i S Esib H: &. 3e-fr *-o , .-eto) c! .j ; (r,=ro (r) = i: o=ar)E de E x*o, E s. .a C+j€s =H B E+-!a *,t; ; P>3; Ei E ce=E, t -E I 9orE.n -t(5 E (DoCH s: I EE&o.r ^9 I Edqa 2d , ',*=airr u -r- : .= Y'-E sI * i=i ts sq Z EEfiE.. EE P gEE cC\l !D- '= :E:= -co > == O (E G, f ;E -'P o FN(o '-o =o E =lL o o. 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FEotr urtr lrlr Fo c,/) =. = >- =C) a IJJ E lU (\r H=& O -.-lll=E>= =-@=UJ+rfr()=o+ lll-= X, CJ tr..o3I r U =0- E n Io ><Eoii -oJEO(Ec =c Etti o EE= SEs -c(!9 c= €E-*qb I! >\ ll., -i'5 so96E=E9beo- o,t_l 6-(,,=oP 6*(E(JEc-tl)!_a>ooL :oo-v-c (D EiHEE, 9-6E!=o EEg .aop Eg3a q*ei " o9E6E EEtEt- =LZ Eb9(Ec=E,;> ?EE;p6= 6 3cE-O6;<oa6 .g '6 (o qigE"I oln:.=ltro hE!6or ERE6I6t 0 bb,o; C?r E O)o-g6E EEEE E d= 3E.6€ 6R6C,)En5€ EHEHo-l4c) as E;i E E5 ozflL cD FN2;*xe EEq ES;zP< YtE. E3mJt6<o= ot oqo N- cD oqotr)N. o) @@ FIzlflol =l<l Ytr.O IJJ uJ aorEo=)z to o- oSec6S IIJ-o ) E, UJ J Fo|r)F @o NI-o)@o) qfi 7aLt at ooN .9 oal EOccoo(Dd) ccoo (!G -e -9 (!(EFF ooqqoorooN- O- c{ F- ooC.,t 6loo,qq N(\lNNoo dda'l Noo J) (L l t 5 zIFo. a(,)o UJo Fzfo E J o-ootooz UJ FzE =I IJJ 8gof<z oz Eor FN c=9* EEi E3;zH< YFE E3m)t.6<oB od tJ)Yo uJ-ot d. IJJ o- !) !e .9 ! oo IJJFz eo. !Jdl oFaEH ;92=<E69 oqo|onl (tt oqo oqoro61 ot oco lu- Fz IIJ uJttr LIJtzoEk =(Do otr (oNo OJlU<r-F>oaLo.5 uJIo >Jaf<oUJF Yo IJJ o J EoF IJJ e. = ozfl! oDFN Gg- ETH EBIzP< YIEEz6 9EH.o<o3 ot ozflt o o. o uJ d. = { 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 o o oillf!! or-5N rO oN ,^*,cot, U :C cPoF +Jl-oo.o4, +,coE' uE tho o CL F FzI{ EFtr ( !.I{o I{trI IL zoztrI{ I) ot E6t o oN of E6.| FF-,-r .p - T F * 3 - = F F F \o ro r{ F *gag*F* gFgFge;sc,, rE$s,Er UJ Lr EI Et lrJ tr,t trt LJ ttJ lrl tr.t t! E tr_ tJ_ U_ tr_ q_ lr- lI_ lL l,t lrlA FFzlrle = 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) oN to of E G.l la oN L a!f E a!! NI$l lft oN yliPco!, U E IU9oF IPl-o CLod +,coE' Ug tFo oct F FzI{ =Ftr ( !.I{o I{ tr, -It zoztrI{ t, , ' EE eE Er*g HsEEBE* EEiEicEE rrJ uI lrf rrt lrl lrJ lrJ 14 lrJ lrJ !.J lrJ lrl lr.l L L E l! E L lL ti t^ t't lr,lo- EFz lr,le = "r"eY.r: .$lo-*t*t* W,uoo cnvnorurff RECEIVED JAN 19 2016 POLICE DEPARTMENT Daniel Calleros, Chief of Police 4305 Santa Fe Avenue, Vemoo Calilomia 90058 Telephone (323) 587-5171 Fax (32$ 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 ABANDONED VEHICLE SUSPICIOUS CIRCUMSTANCES UNKNOWN TROUBLE ATTEMPT PETTY THEFT ATTEMPT PETTY THEFT REPORT 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 125 2 4 4 J J 5 E J 16 5 2 108 10 4 '11 2 I J 12 5 b 5 9 1 7 12 41 c J 5I c 28 2 a J 4 1 ,| 23 2 4 o 1 tt2 2 4 4 I I 2 I I 1 I 5 I 2 52 3 2 6 I 6 2 10 4 2 5 4 I I 4 27 2 2 3 5 2 l0 I I I I I I l3 I I lt 8 I 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 4 8 4 1 7 280 104I J 5 10 J l8 5 I I 43 5 7 4 I 2 I I 5 I 75 2 5l 2 4 8 2 8 I I 2 205 8l 7 2 2 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 t4 4 J 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 $4OO GMND THEFT AUTO MURDER POSS. CONTROLLED SUESTANCE ROBBERY TMNSPORT/SELUNG CONT. SUB, VANDAUSM 1 1 WARRAITT (FOREIGN) WARMNT (BENCH)1 1 TOTAL FELONY ARRESTS 3 0 3 ADULT MISDEMEANOR ARRESTS AND DISPOSTTIONS MALE FEMALE TOTAL APPROPRIATE LOST PROPERTY DRIVING WIITI A SUSP. UCENSE DRIVING UNDER THE INFLUENCE DRUNK IN PUBUC GIVE FALSE INFO TO PEACE OFCR.1 1 OBSTRUCT/RESIST OFFICER POSS. CONTROLLED SUBSTANCE 2 2 POSS. CONT. SUB PAMPHERNAUA 3 3 RESIST/DELAY TO PEACE OFCR.1 1 TRESPASSING WARMNTS (BENCHTTRrc)4 4 WARMNTS (FOREIGN TOTAL MISD. ARRESTS 11 0 11 MALE FEMALE TOTAL BURGLARY PETTY THEFT VANDAUSM VEHICLE THEFT WARMNTS (BENCH) TOTAL 'UVENILES DET,0 0 0 TOTAL FELONY ARRESTS (ADULT) TO DATE: TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE: TOTAL JUVENILES DETAINED (FELONY AND MISDEMEANOR) TO DATE: TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR) TO DATE: 242 345 EI I Na rt? ci q! !! !! 9e999i.; ..i n ni I\/\r!,tr! -a !! *= Sa S Sss sP=- =o-s5 -sE -16 -r5 -:bz<o z@ z@ z6 a.o !o !.o !.o s6 vo \J .Y \, rv \/ .r \J ^/ \, .f66 66 oU ot oi) @ @\t iN soF- = I = q'! q! = !{q{ = 9!!q! . !!q?s d s 6d - ('(.)c) i: o, ro: - Y lJ^)r, : (\r(f) : ooo : to S ij S 06 S cio -S ^i c.i 6i .s .i.,iE F E -- a N.{ E c{NN E NN dls!!$P $.o $R -sf ^BRa;- a; a; ,, a> a> 6'!2 !! Ylr@lr,C{(.) oci(.i c! 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I EAfi r.!- ENu;o<z95Jdlur>I z zdL! i EA<=u-E -+ uJ=>pur 9NOi! <id ,it s Ss ! \ 4 zozizIo>z?i E =:* t! ,,i '- 9;1i;#<=4zI < o ^6&. T,, q HE9i 3 Pilu a a ;)< FO I 15J LI,T L!> z> 2ozff c-s> =JrIF !Jl!< oo2 e=d< lN<(., J LjJ (Jo r..i e u.it!4) 6n4sHd -Y? oao = I].(LA; >>> oo(!o.ooi\ ^ r.lPE; > Eq-(J F 'o 'oa ai !',r lLEr Pt =H =E Fh oo 5 E tr \o F(! d \o \o F o-E 6 \c t-o- -Eq \o I <-> =uldd oI'J F(G o) d \o al tt =i:U\ *S 9Sie i-cl\\) * a s e EQ zo2E EI \.k bD -Eas\)os S { ra)q) i:i b \ a) *t\' \S $n( boS h.l U F\el.)\eH F( N ILIa ra U \)oq eoe F< s aa .s!(\ "t"*t:r: .$i.,,*'-* 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 GC-1 J. L. K. M. 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 N. o. P. o. S. T. U. 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 x. z. AA. BB. cc. DD EE. FF. HH. il. JJ. 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. NN. oo. PP. oo. ART CLE 1 GC4 1.m 1.03 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 1.06 1.07 determine the Contracto/s costs, such as the number of persons employed, their pay, the time during which they worked on the various classes 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 GC-8 3. 4- 5. B. 1.11 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 I 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. 2 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. 7. 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: 4 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 5 3. 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 4. A, B. D. 6 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." 7 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. I 9. 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 6. 9 10 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 11. 12. 10 13. be at the expense of the Bidder to whom the Contract may be awarded. B. The Bidder hereby certifies that it has examined the local conditions, has read each and every clause 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 14. ,IE 16. 17 1I 19 Deadline has expired at the time and location listed in the Notice lnviting Bids. A tabulation of all Bids received will be available for public inspection at the Office 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. (,g Po o E c ED6 E ot) EI 6 {, 6' (! c {, a, :E iE ,o tID dc.(E' 615 6E o =6() .o o E oE 'o =€ I '4,E,= b =Eo CL o =6c,,., o- .Ct Ea .E Eo lt @ a, : IDt,p lo c lt. Ea,oc6 a! CDp co E =.o .s. 3 0 !lE oc =' oE tE o !9 E6o. oo.o IL E .c. E E'o =c' =-o E.oo =.E!lt = e.6o iD arrCL. a, Io E Eio,i! c, o,lato:-Cr oi <.! U,Iz.o-o- Fo F<z.oo (, I d)Fi<:o' hr dt air F G. o) (L EQ .^z (n .s2oz. q) o o-(E o,(5 o I ,9 (D =CU oao = .= E .s .!) l!-5 o E q, o) I o, E 4)EE.D >ci .!e c ?E- aEr {-.9.1 o_-l'E 25 1 =(,)rE OJc d, a, =:: -!9 -B .!o--::t f I uo (9z6o 6 o 6ti() ozzo F o =Ee. 92otl! <t) LU C) =!c G,tl|6-lxlutl.r, Iu. Ilrr Iol -cr frl@ (rl>tdl!ulcrrlFl d =lcuJl -El e-(,l o<l 'Ez.l o<l lt =l & ul EPl 32l-sl -riEl < =l-I U.jui ==z. z. c)z ci+X 'c) IS ll € Eo- @o EJ E 8 oz q, I5 {.o .E oO .q E EO oosa q) E(E o_ t LT' co lz uJ =z F() t! =z. F() IIJ oE(L Fz.lo = LUF o ulF o F-Nlr) rl-) c')No, N @lr) (t) @o)(, 6$lr) @ @ @ @s aoo(., (o N(o oo. oIo hoo o o(Eooo o (g Eo No 6 o e (U ta o Eoz o --o Ei2 d) .r< (E EozooF.N oro @o og G Eoz o-€ E Q)oT'coo o --o (E =.s ooo o(\t (t) o .i(E!, o) (9 G -o E (EE o o €a eiI E foa o@ o) o d II E(E -c oo (gco .=(5 oo F oo .9 Eoa o)c J op ==() o o) F E'co ooc (E ooo E') .= E E.E F o) o, F OJp 3 (! 0)o.E oo E' .E E E t- <0(\l o N C) c;z o(u o() ooo-o(o N@ ooo-ooco6 oood rO(., @ o) .soo)co o) '6 o)co E" .=oo)co F.- o, ooN F.o)o, 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. @,0 @*. @,. @ro @*o rfdirlto Bl: @*o @*o @*o @*o @*o @*o c. d. f, 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 @*o @*o @to 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 @*o @*o ve@ @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 ilt t ill Iil llt lil 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. 9* o(l od)-o -c9'o >(lt:iq:'- -oE9- g.l o o o ! C) -Y()a. 9! o6 ll)o-ooOE FE =o oo9 a)= 9!E EtA5 !i, 'Aao.= Btr r! N o{ o O F -oo 6' E E F oo F -ocoa o) E E.E F @o F c(E E!Elo o o^- ilE? ooeo-- > b s;:i ^^ :a tr^- E PE< Eg H _9 ErEl llol)'; IsE I-E:t e IdrcI!o I IE: I (,!- Id -o o-lr< e- FIE =781x lPbl: ;6olX 7,ool =-6elF E?>IA Z EdBJl n #d0l-t : e.= otEI G :Elrlr.l>->-l€l B ggEI -l .9 ELilxl a Eo=l'El s "EH I EI : E.EE5l -8 e :'r el ; Ef', ol .: Ect I !l 9 ?; I =l .s ir I:l I 9c I.EI E r.e Iol 'a 5E I&l E €€ |L o.- |q: Ek9lE E.-lE 3A#I = o.il - 'El!a =i5 0l: ; E€I ,,aal = ;-()(51I ;bsl 'rc Q =61€ E E9I6 ;E=l gl 6.r >\o -!2,o c e cE.2 4 4., P - !iE\JE e!L!'Eqrc' 'J 3E ".2 b.v E- 'a'O .E = E.EZ : I I Ij =Eo (9 z. q E c tr >.9 ZE s9 < r'& Hoo o *e.= ,- .= o zo F O I(J uib o> a t- U o a O EI q1 ?= q,E .o B L q) J t-cF q o ! E ! o -o otr .o+ ?oo o.o ?a 9p: Erp ei oo eO ;s e.9 >'a g (,) EL- oEqll) O- c {,)E9.oa .= o.>,E -o <€7c !1 tr o; ^9=(r, EE AF E o- E L) z 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 47OO ALCOA AVENUE flTLE CMY OF VERNON C&V OONTIJLTING, II{. Ct9E EO'EE l]qD llrRBE AO tliEnri REFERfNCE DAIE 1o/07 /15 SHEFI NO 1*1 2IS N'RIIANK ltrt{E O{D 9Iffi F(NEILL RAIg, O{LIFO*NIA 926O FTX O'9 95- 6 SCALE N-A l& t 'oN ]ljHs S tvJs .09=" t ff-,6 6d ]flJ Ml6 YI}OIOIIft'i' Ef,NVlI TIIEIfi}I m-t5 6io aluEt xli&f,f,m $u, sL/ot /oL i.Lvo l9N.ld.lj1y oiGl/Ilr (DY oNrvt (ryt EEIiEBI)'cr,[ ONrl'InSNOf, All'J SntG v v03-rv 002, NOI-LVJ|03O Lf3UIS iult nltoa4 c)o(J^ <c! LJ.J Lz:f+(Y r- Lr-.] -F =:<tJ OC)O.oL!=- - tr-.t 22< r(t ^- r'o 'z-'^o< t_;@&t <.-5-oa- t!) AEHfYOaYz ad<i rv !) LJ OU!! Oi LDI q? -ct Yl9lz?E(rt < -;i<l 4z* L.Jl - .^ -ml L YL.,,-loE*olH:= trll * =o.-3l; Eg6I F <E l.t blci ro)l I s .\.r .N N \IJ trD c<l ql t! ,.1 *t-oll l') cr)t a)t =l axil.od oNY aflJYLl. ,{O JNgT[JVYdflO V7 6Z,OO.OO N 6Z.00.00 N Fl -- =D*_ S!s tcSl tnrB vJ SooSF- F6)'o !qf r He\J c. a SP Hh<9 ESPF H;Y\ h'. NN<r fQE \j. =\>0( 8*' 88Rd Bo... f ,oo 09z otcol d N-)N)l LU o !.) O)6 3 co Fo- m>Ix UJ TTNNXAY VO]TY ._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