The URL can be used to link to this page

2018-03-06 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 City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Agenda City of Vernon Regular City Council Meeting Tuesday, March 6, 2018, 9:00 a.m. City Hall, Council Chamber 4305 Santa Fe Avenue Vernon, California Melissa Ybarra, Mayor Yvette Woodruff-Perez, Mayor Pro-Tem William J. Davis, Council Member Luz Martinez, Council Member Leticia Lopez, 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. Life-Savings Award Presented by: Anthony Miranda, Police Chief 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. / / / Regular City Council Meeting Agenda March 6, 2018 Page 2 of 6 Claims Against the City – Received and Filed 2. None Minutes – To be Received and Filed 3. Minutes of the Regular City Council Meeting held February 20, 2018 Warrant Registers 4. Approval of City Warrant Register No. 1489, totaling $1,177,396.16, which covers the period of February 13 through February 26, 2018, and consists of the following: A. Ratification of wire transfers totaling $867,607.77; and B. Ratification of the issuance of early checks totaling $292,055.76; and C. Authorization to issue pending checks totaling $17,732.63 D. Voided check No. 357023 totaling $40,000.00. 5. Approval of Light & Power Warrant Register No. 454, totaling $7,460,450.28, which covers the period of February 13 through February 26, 2018, and consists of the following: A. Ratification of wire transfers totaling $7,343,757.07; and B. Ratification of the issuance of early checks totaling $116,693.21 6. Approval of Gas Warrant Register No. 242, totaling $1,959,443.10, which covers the period of February 13 through February 26, 2018, and consists of the following: A. Ratification of wire transfers totaling $1,926,585.83; and B. Ratification of the issuance of early checks totaling $32,857.27. 7. Approval of RDA Obligation Retirement Fund Warrant Register No. 42, totaling $3,930.00, which covers the period of February 13 through February 26, 2018, and consists of the following: A. Ratification of wire transfers totaling $3,930.00. City Administration Department 8. City Administrator Determination of Consultants Required to File Annual Statements of Economic Interests (Form 700) for Calendar Year 2017 Recommendation: Regular City Council Meeting Agenda March 6, 2018 Page 3 of 6 A. Receive and file the attached report entitled “Consultants Required to File Statements of Economic Interests (Form 700) Under the Vernon Conflict of Interest Code for Calendar Year 2017” in accordance with the requirements of the California Political Reform Act and the Master Conflict of Interest Code for the City of Vernon and all City of Vernon agencies, boards, and commissions. Police Department 9. Activity Log and Statistical Summary of Arrests and Activities for the period of February 1, through February 15, 2018, to be received and filed Public Utilities Department 10. Risk Assessment of Wildfire Caused by Overhead Electrical Lines and Equipment in Compliance with Senate Bill 1028: Wildfire Mitigation Plans (Hill, Chapter 598, Statutes of 2016) Recommendation: A. Find that approval of the proposed action is exempt under the California Environmental Quality Act (“CEQA”) review, because it is an 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. Determine that Vernon Public Utilities (VPU) electric service territory is not at risk of catastrophic wildfire resulting from VPU electrical lines and equipment, consistent with the assessment performed by the Vernon Fire Department. Public Works Department 11. Sub-Recipient Agreement for the Purpose of the Proposition 1 Storm Water Agreement Recommendation: A. Find that approval of the Sub-Recipient Agreement proposed in this staff report is exempt under the California Environmental Quality Act (“CEQA”) because it is an administrative activity that will not affect the environment and therefore is not a “project” as defined in CEQA Guidelines section 15378, and to the extent approving the Sub-Recipient Agreement can be deemed a “project,” it is part and parcel of the larger project of designing and constructing the infiltration cistern, for which the City of Bell Gardens has obligated itself to be the “Lead Agency,” as defined in CEQA Guidelines section 15367, pursuant to section 1.6 of the Sub-Recipient Agreement; and B. Approve the Sub-recipient Agreement between the City of Vernon the cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood (hereinafter referred to as “Sub-recipients”), and the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (“GWMA”) for the purposes of the Proposition 1 Storm Water Agreement for the implementation John Anson Ford Park Infiltration Cistern, Phase I (“Project”). The City of Vernon’s proportional share of Local Match funds for the implementation of the Project is $212,743.82 including GWMA’s administration fee. The term of the Sub-Recipient Agreement commences the date on Regular City Council Meeting Agenda March 6, 2018 Page 4 of 6 which the final Sub-Recipient duly executes the Sub-Recipient Agreement and shall continue through the date of filing the notice of completion plus 20 years for maintenance; C. Authorize the City Administrator to execute the Sub-recipient Agreement on behalf of the City of Vernon. NEW BUSINESS Public Utilities 12. A Resolution of the City Council of the City of Vernon amending Natural Gas Rate Schedule No. G-2 for gas distributed and supplied by the City within its boundaries Recommendation: A. Find that approval of the proposed action is exempt under the California Environmental Quality Act (“CEQA”) review, because it is a governmental fiscal 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 a Resolution Amending Natural Gas Rate Schedule G-2 for Gas Distributed and Supplied by the City within its Boundaries. 13. Award of an Engagement Letter Agreement to Morgan, Lewis & Bockius, LLP for Legal Counsel Asset Acquisition Services Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Approve an Engagement Letter Agreement with Morgan, Lewis & Bockius, LLP for Legal Counsel Asset Acquisition Services, for an estimated amount of approximately $450,000 and for a term not to exceed three years; and C. Authorize the City Administrator to execute an Engagement Letter Agreement, in substantially the same form as submitted herewith, with Morgan, Lewis & Bockius, LLP. Public Works 14. A Resolution of the City Council of the City of Vernon authorizing the City Administrator to execute a Restricted Grant Agreement with the State of California, acting by and through the Department of Transportation, to accept an FY 2017-18 Caltrans Sustainable Transportation Regular City Council Meeting Agenda March 6, 2018 Page 5 of 6 Planning Grant for the preparation of the Vernon La River Path Active Transportation Access Plan (LA RIVER ATAP) Recommendation: A. Find that the acceptance of the Caltrans Sustainable Transportation Planning Grant is categorically exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15306, because grant funds would be used solely for data collection, research, and preparation of a study / plan, which will not result in a serious or major disturbance to any environmental resource and which will not commit the City to any project; and B. Adopt a resolution accepting the Caltrans Sustainable Transportation Planning Grant for the preparation of the Vernon LA River Path Active Transportation Access Plan (LA RIVER ATAP) and authorizing the City Administrator to enter into a Restricted Grant Agreement with Caltrans for the grant amount of $210,800. 15. Contract Award for City Contract No. CS-0849: Remodel of 4321 & 4325 Furlong Place Recommendation: A. Find that the proposed Capital Improvement Project is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301, Existing Facilities, part (a), because the project is merely to make interior or exterior alterations involving partitions, plumbing, and electrical conveyances; and B. Accept the bid of Song N Sons General Construction, Inc. as the lowest responsive and responsible bidder for the renovation of two City-owned single family units located at 4321 Furlong Place and 4325 Furlong Place and reject all other bids; and C. Approve and authorize the City Administrator to execute a contract (No. CS-0849) in the amount of $262,580 for the renovation of two City-owned single family units for a period not to exceed 120 calendar days; and D. Authorize a contingency of $30,000 in the event of an unexpected changed condition in the project and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount, if necessary. ORAL REPORTS 16. City Administrator Reports – brief reports on activities and other brief announcements. 17. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff. / / / Regular City Council Meeting Agenda March 6, 2018 Page 6 of 6 CLOSED SESSION 18. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of potential cases: 4 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 1st day of March 2018. By: ________________________________ Maria E. Ayala City Clerk REctrtt/FD FEB 2I 20t8 ctiy crEfl('S 0rflcE ':, . e EilVED FEB 06 2018 CtTY ADMINISTRATION STAFF REPORT N,/ VERNON POLICE NBPNNTNTENfF Z.ZAW DATE: TO: FROM: RE: March 6,2018 Honorable Mayor and City Council Anthony Miranda, Chief of Polic Life-Savings Award Presentation Recommendation The Police Department will provide lifesaving awards to Police personnel for their actions in providing immediate medical aid to a victim of electrocution and cardiac arrest. Background On January 25,2017 , during the early aftemoon hours, Sergeant Jeny Chavez along with Police Officers Maria Madrigal and Femando Valenzuela responded to Hannibal Industries,385l Santa Fe Avenue regarding a medical aid call involving a worker found unconscious and not breathing. Officers arrived within minutes and found Vladimir lrvis in full cardiac anest. Sergeant Chavez and Officer Valenzuela began CPR, and Officer Madrigal deployed the Automated Extemal Defibrillator (AED) when she arrived. The AED delivered two shocks, after which the victim regained a pulse. The Vemon Fire Department arrived on scene, took over medical care and subsequently transported the victim to White Memorial Hospital. Victim Vladimir lrvis spent nearly 5 weeks in a coma with open wounds and failing organs. Fortunately he miraculously awoke and has subsequently been released from the hospital. Although his recovery is slow, he is thankful to be alive and has expressed his desire to personally thank those who contributed in the efforts to save his life. Based on the quick response and immediate life-saving measures performed by Police personnel, Vladimir I-evis is alive today and able to spend time with his loved ones. This incident is a testament to the Police and Fire defibrillator program ard how these devices have enhanced our ability to save lives in our community. Fiscal Impact None Page I of 2 Attachment(s) None Page 2 of 2 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, FEBRUARY 20, 2018, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Davis, and Lopez MEMBERS ABSENT: Woodruff-Perez and Martinez The meeting was called to order at 9:00 a.m. by Mayor Ybarra; Fire Chief Bruce English led the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced there were no changes to the agenda. PUBLIC COMMENT Mayor Ybarra announced that this was the time allotted for public comment, and inquired whether anyone in the audience wished to address the City Council. The public will also be given an opportunity to comment on matters on the posted agenda during Council deliberation. No public comment was provided. PRESENTATIONS 1. A Proclamation of the Mayor and the City Council of the City of Vernon Commending Linda Johnson for her many years of service to the City of Vernon City Clerk Maria Ayala read the Proclamation commending Linda Johnson for her many years of service to the City of Vernon. 2. Service Pin Presentations for January 2018 Presented by: Michael Earl, Human Resources Director January Anniversary NAME DEPARTMENT TITLE YEARS Bryan D. Dome Fire Fire Captain 20 Lorenzo Gaytan Police Police Corporal 20 Joaquin Leon Finance Deputy City Treasurer 10 Rafael Cortes Jr. Public Works Senior Mechanic 10 Human Resources Director Michael Earl presented the service awards to Lorenzo Gaytan and Bryan Dome who were in attendance. 3. Current Outage Statistics and Analysis Presented by: Todd Dusenberry, Assistant General Manager Assistant General Manager Todd Dusenberry provided a PowerPoint Presentation. Councilmember Davis inquired about the dispersal of outages per 16kv and 7kv power lines and if bird protection was going to be installed. Assistant General Manager Dusenberry responded to his technical questions. 4. Second Quarter Fiscal Year 2018 City Wide Financial Update Presented by: William Fox, Finance Director Finance Director William Fox provided a PowerPoint Presentation Regular City Council Meeting Minutes February 20, 2018 Page 2 of 7 Councilmember Davis inquired about the impact to the City if Measure R does not pass. Director Fox explained the various outcomes, other solutions, and the need for possible future measures. CONSENT CALENDAR No public comment was provided. It was moved by Davis and seconded by Lopez to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 3-0. Ybarra: Yes Woodruff-Perez: Absent Davis: Yes Martinez: Absent Lopez: Yes Claims Against the City – Received and Filed 5. Claim for Damages from Mayra Jimenez received February 15, 2018 Minutes – To be Received and Filed 6. Minutes of the Regular City Council Meeting held February 6, 2018 Warrant Registers 7. Approval of City Payroll Warrant Register No. 740, totaling $3,347,649.85, which covers the period of January 1 through January 31, 2018, and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,687,465.69; and B. Checks and electronic fund transfers (ETF) paid through General bank account totaling $660,184.16. 8. Approval of City Warrant Register No. 1488, totaling $1,823,770.84, which covers the period of January 30 through February 12, 2018, and consists of the following: A. Ratification of wire transfers totaling $1,130259.37; and B. Ratification of the issuance of early checks totaling $626,318.81; and C. Authorization to issue pending checks totaling $67,192.66. 9. Approval of Light & Power Warrant Register No. 453, totaling $961,379.31, which covers the period of January 30 through February 12, 2018, and consists of the following: A. Ratification of wire transfers totaling $948,002.63; and B. Ratification of the issuance of early checks totaling $13,376.68 10. Approval of Gas Warrant Register No. 241, totaling $286,303.71, which covers the period of January 30 through February 12, 2018, and consists of the following: A. Ratification of wire transfers totaling $266,824.26; and B. Ratification of the issuance of early checks totaling $19,479.45. City Administration Department Regular City Council Meeting Minutes February 20, 2018 Page 3 of 7 11. Lease Agreement with Bicent (California) Malburg LLC for a portion of 2800-2900 E. 50th Street, in Vernon, CA Recommendation: A. Find that approval of the proposed lease agreement with Bicent (California) Malburg LLC is exempt from California Environmental Quality Act (“CEQA”) review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Approve a lease agreement with Bicent (California) Malburg LLC for a portion of the property located at 2800-2900 E. 50th Street, Vernon CA with a term beginning March 5, 2018 through April 30, 2018; and C. Authorize the City Administrator to enter into the proposed lease agreement in substantially the same form as submitted herewith with Bicent (California) Malburg LLC. Human Resources Department 12. Resolution No. 2018-04 - A Resolution of the City Council of the City of Vernon authorizing the City to obtain State and Federal summary criminal history information for employment, licensing or certification purposes and repealing all resolutions in conflict therewith Recommendation: A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act (CEQA) review, because it is an 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 attached resolution authorizing the City of Vernon Human Resources Department and the Police Department to access State and Federal Level Summary Criminal History Information for Employment Purposes. Health and Environmental Control Department 13. January 2018 Monthly Report Police Department 14. Activity Log and Statistical Summary of Arrests and Activities for the period of January 16, through January 31, 2018, to be received and filed Public Works Department 15. Building Department Report for the Month of January 2018 ORDINANCE 16. ORDINANCE NO. 1249 - An Ordinance of the City Council of the City of Vernon, California, adding Article VII to Chapter 22 of the Vernon Municipal Code to authorize Overload Vehicle Permits (Second Reading) Recommendation: Regular City Council Meeting Minutes February 20, 2018 Page 4 of 7 A. Find that approval of the proposed Ordinance is exempt from California Environmental Quality Act (“CEQA”) review, because it is not a “project” under CEQA, which is defined as an action directly undertaken by a public agency which has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. See CEQA Guidelines section 15378. Even if the ordinance were to be considered a “project,” under CEQA Guidelines Section 15061(b)(3), the ordinance would be exempt from CEQA review, because it does not have the potential for causing a significant effect on the environment, especially where, as here, adoption of the ordinance is being pursued to provide the legal basis for the current practice of issuing overload vehicle permits. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the proposed Ordinance involves the establishment of Article VII of Chapter 22 of the Vernon Municipal Code authorizing issuance of overload vehicle permits and will not have any effect on the environment; and B. Approve the second reading, and adopt Ordinance No. 1249, establishing Article VII of Chapter 22 of the Vernon Municipal Code authorizing overload vehicle permits. Public Works Director Daniel Wall reported on the proposed. No public comment was provided. It was moved by Lopez and seconded by Davis to approve the second reading, and adopt Ordinance No. 1249. Motion carried, 3-0. Ybarra: Yes Woodruff-Perez: Absent Davis: Yes Martinez: Absent Lopez: Yes NEW BUSINESS Fire Department 17. Resolution No. 2018-05 - Resolution of the City Council of the City of Vernon approving the City’s participation in the 2016 State Homeland Security Program by the Vernon Fire Department, approving and authorizing the execution of a subrecipient agreement by and between the City of Vernon and the County of Los Angeles and authorizing the execution of documents necessary to obtain said grant Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act (“CEQA”) review, because it is a government fiscal 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 attached resolution approving and authorizing the City’s participation in the 2016 State Homeland Security Program (“2016 SHSP”), approving and authorizing the execution of an agreement by and between the City of Vernon and the County of Los Angeles, and authorize the Mayor and City Administrator to execute documents necessary to obtain the grant. The County of Los Angeles has approved and awarded 2016 SHSP grant funds in the amount of $70,000.00 to the City of Vernon’s Fire Department. Fire Chief English reported on the proposed. Regular City Council Meeting Minutes February 20, 2018 Page 5 of 7 No public comment was provided. It was moved by Lopez and seconded by Davis to adopt Resolution No. 2018-05. Motion carried, 3-0. Ybarra: Yes Woodruff-Perez: Absent Davis: Yes Martinez: Absent Lopez: Yes Human Resources Department 18. Resolution No. 2018-06 - A Resolution of the City Council of the City of Vernon adopting an Amended and Restated Citywide Fringe Benefits and Salary Resolution in accordance with Government Code Section 20636(b)(1) and repealing all resolutions in conflict therewith Recommendation: A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act (CEQA) review, because it is an 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 attached resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, effective February 20, 2018 to reflect the following provisions: 1) Amend Exhibit A, Classification and Compensation Plan adopting the following revised and retitled job descriptions listed below: Facilities Maintenance Supervisor Street Maintenance Supervisor Street Maintenance Worker, Lead 2) Amend Exhibit A, Classification and Compensation Plan abolishing the following job description listed below: Legal Secretary 3) Amend Exhibit A, Classification and Compensation Plan by adopting the following new job descriptions and classification and compensation salary ranges listed below effective July 23, 2017: Classification Title Recommended Salary Grade Monthly Minimum Monthly Maximum Fleet Supervisor 27 $6,814 $8,283 Legal Administrative Analyst 26 $6,490 $7,888 4) Approve the recommended reclassification of a single incumbent in a new recommended classification as listed below effective July 23, 2017: Current Classification Salary Grade Reclassification Recommendation Salary Grade Executive Legal Secretary 23 Legal Administrative Analyst 26 Regular City Council Meeting Minutes February 20, 2018 Page 6 of 7 C. Approve amended job description for one (1) classification title to more accurately reflect the duties, responsibilities and requirements of the position listed below: Utilities Dispatcher Director Earl reported on the proposed. No public comment was provided. It was moved by Davis and seconded by Lopez to adopt Resolution No. Resolution No. 2018-06. Motion carried, 3-0. Ybarra: Yes Woodruff-Perez: Absent Davis: Yes Martinez: Absent Lopez: Yes Public Works 19. Atlantic Boulevard Bridge Rehabilitation and Widening Project, Agreement Change Order No. 8 (Contract No. CS-0099) Recommendation: A. Find that the approval of the proposed change order in this staff report is within the Initial Study/Mitigated Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (CEQA) in accordance with Section 15063 of the CEQA Guidelines; and B. Approve Agreement Change Order No. 8, in substantially the same form as submitted herewith, for the Atlantic Boulevard Bridge Rehabilitation and Widening Project, Federal Project No. DBPL02-5139(010), Contract No. CS-0099, authorizing CNS Engineers, Inc., to provide the additional engineering design and coordination services as described below for the additional cost of $57,306.27, increasing the total contract cost to $1,772,174.28 Director Wall reported on the proposed. No public comment was provided. It was moved by Davis and seconded by Lopez to approve Agreement Change Order No. 8, for the Atlantic Boulevard Bridge Rehabilitation and Widening Project, Federal Project No. DBPL02- 5139(010), Contract No. CS-0099, authorizing CNS Engineers, Inc., to provide the additional engineering design and coordination services as described below for the additional cost of $57,306.27, increasing the total contract cost to $1,772,174.28. Motion carried, 3-0. Ybarra: Yes Woodruff-Perez: Absent Davis: Yes Martinez: Absent Lopez: Yes ORAL REPORTS 20. City Administrator Reports – brief reports on activities and other brief announcements. City Administrator Carlos Fandino reported on the following: various electrical outages throughout the City; various Police Department incidents throughout the City; various Fire Department incidents throughout the City; the upcoming Vernon CommUNITY Fund Grant Regular City Council Meeting Minutes February 20, 2018 Page 7 of 7 Committee meeting on February 21st; Fiscal Year 2018/2019 budget planning; and Measure R outreach. 21. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff. At 9:39 a.m., the City Council entered into closed session to discuss the following agendized items: CLOSED SESSION 22. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9(a) Name of Case: City of Vernon vs. Citigroup Energy Inc., et al. United States District Court Southern District of New York Case No. CV16-2405 23. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of potential cases: 1 At 10:18 a.m. the City Council exited closed session. City Attorney Hema Patel reported that two items were discussed and that no reportable action was taken. With no further business, at 10: 18 a.m., Mayor Ybarra adjourned the meeting. ________________________ Melissa Ybarra Mayor ATTEST: _________________________ Maria E. Ayala City Clerk =ov!o).c o)(l).=driE6EE36/\ oo .-,;C ac:= (E\r l2coo lle- LlD = Ee(E b>E EZt e,re (EEI Pe fl ee Etr = k$ ;E 2 *: E.e E -8-.;o o o .9. 6i adf E; E 8sg 6"_ E r,' i{'.e. -c = .-q)t'CD (O a = F.Eco F aB i: N=g) E Ei A EfE3}' (,'N ; P>P.e;- (,>\ = .==lor; Ei B s*E,E5 -€ F Pi€e(U @L tr -O O c({)E :=,-,, 8 EE8.8t eA t qEHhE EE f let,z E.. gq E EE€C en Ef g EEEEee E: € EEEs ;g ;g ; -si<'j*;s 58. f 6 oN .dEo a! =o(!tttroE" otr oo.io o o ,9 E"oE, tr(! (! B 6 -)-ra\ .b o oo.:o o(,ct!EiI }.ol! Eg = =a)c,3oo 6t,Ea!C('LF$ t{=NOFrrEE:JO5E 'flf =ootuJFr!9, iiF o \tdaNIN+q.) HEEffi:= ffiEFMCCJ Fz uJ =tr I IIJo tfo IIJtF uJoz ztr Ftror UItrlrII Fo O u-rIU..H>=5<r)uJ5=(r==IIJ==u6 oEE=tEE-tr(59 c=96-t> 8:eb I!:\q,B'5 eo96E= E9E eo- cLo0-€ i€c-v(E(JEEa*Eo =:oo"E (E .EBEiiE, +f6(EtE;9 $>3 c hEgs :o q- Y ^!o..Yq g q,EEE 6(,,T-E EEgE, S oE(l) f6-oE(J(!c =q :9=.! o5u- O Eb96-=E,i = E5E:p ssE-O -o ;{(5_q 6.E6(Eqie 39 a9(!E.=(!silE 6 = -=EHbE*6EE OO''(, EE = PEEiJh.= lo o-ou;-E-;;oEEEg_o!.t, EEEXo-pa -6;iGA*ZaE 5;E- E ii; o)o!l =Q EER9Eou-OI.r u.l I-EIE.-<5?= .E.E = 9 a o, Fl t (o o o) o F PlZlI(QoF-oF::=l - - ct N ct oi :.tl @ @ @ lr) o (\l=l t^ .o- 6 o 'i @ gtl SBb@dlll.rl oo NArAr C9(9o(., < r(, (or?trtl l'\ F- F- F- F- F-F-N F-FFt- F- F- F==l @@ @(o@ c, c, d, @@@@ @ @ iD3=tflzl oo-orc,ooo)oqo) F(!ooo? ': oo ooooo(, (t, C,(9 (., (t -FF; (r)OOOOOOOOOFO6l(\tNNNNOOOONoo oo^, _oo At (\t (\t at ou? u? ,r? u? ii N 14 'Q u? u? u? u? '4(o (o (o@At At@@ ooooNOJ NNO ONN OOOOO-FOOOOOOO,: ,: ,:,: ol 6! a,: ol o) ol ol ,: oo ooo ooo oooo o e3 ==--(roA i\ J =ussa>e? g *>mZ@<lOELI O. IT Q>FtN< r z- N = fl 3HE = z o-d E @@c,oooN(\](\I+++(\INNooo @@Noq o @@ ro@@@NNN oooqq q oo o O)F.tr)e) F. \t(t (O F- @${\t 6PB Lloo 888 e!e!e!or P(\F o)-o ooo uuuq co i\85 3S3 888 5658 E 3 Sss P8g 888 AAA3 R = 3(,(r' :tlr)@ JJJJ <) F @oeNo@oN(\l@oolNo."flEB tqq- l,lJ9o z Fze, =, uJOEo=of<z @'E5'a+E ?cro r oa,e EB P =@ H g'E L O9.9 it = IEE EE E E S EdE 'Ed - d < .9EE E s :s$= E s $EE E € A:TE Io E E83 "5, .E" h.gid fi 5 =EE EFE €Fi tE*e 6 N 2" tl o tn - o t- F 6l o o or o o F oFo F-o)Q or-:@ \t@(oo o F oci- d6i<'i +do dd;d d oi d..rtr) @d)@ OYC) F-(rF-@ O N N\t() Nt.@ (', l(!) (t tf - (t) (, @d<ri dot oiodd ,-: + -F N N(O Oz az LIJ ztrt! o =oo z(roLL =o LLoo)q Iat!l)d) aao(r(.) t!l)d) LIJIFz z(r TL LLoIt t!- zF[! zo Fg c,ooulo Fzfo = Jo.oo EEooz l,lJ o,o<? -c, EFAEEdu-OI ^ulC,-EE--<5== EE = tr,Rl'\ -(tl93,sf;@oE(\loF- r.- @ o) oo ooooo oF- l.- F- F- @@ Cr@@@@ @ @@@@ @ @ @@ dr@@@@ @ @@ 9 t 0- @ao)^N@oENoNOOt@ocidrF-OO'F (\l-Fl Ozlofl l.)cl :@@@oooE!!S!ttroNNNooo@g-B HA's Soul aEGurE='fz @oo)N oc o F.@Noc o o)@C\&coo:-38 3 n -***8 I BHEE E E EE EqqqE g $EOr o) - ;- JJ -J)))Z 2 tYt cto)q) = F JJ -J))JJ J O) Ct) F @9 O O) O, rO F-@@-O) O) O(,z c2 q q '. qq c?\\eq 1 q\f (t@ o !l ot (9Nra)(oF. s otai r r.D O O) -- N@Nl\$ ll)@ = - N- F F\ F N o- (' alr)F+ oooooooooooooooo c, FOOF-OOOOOOOOOOOoo (o o oo ooooo o ooo) o) o) (o c\l N (\tN(\l(\ot (\J NAir..) ro ro r..) ro rl) (rrotr,tr)(o Lo ro rod<'i ct oi doi doioioiot oi oi oi(, (t, (, -oo o o oo ooooo o oo-t: - ol o) o? colo)olo? ol o) ol oooooooooooooo oz (r U) 11..1 (, (r) (,(, (Y,F- F- l.- r.- F@@@@@NN N6I Noo oo oqq qq q ooooo E_iE:FEOB; !$ 8. $_-:- o a! r o o)BE F A* S$ f,;9 ? F: ;= e6 6 ; or (, Y -66 X i= ro- 6cc .; d,. EE P ;** E !9 xs;so * e*uu > I \9r q<9u)Eo '4 ataFF E E gE'3€!34-E 13ii # s Es ;sE#Eg# E* LIJ(,) o z 2o Fctroo IJJo Jo-o6 Eooz UJ Fzc, =r uJ 8E(Jl<2 dz Q,-g-1 z=fiigFjoEz =JtlJExzHAzfru, iJJ o -UJ =TEUili^<= a==<) (r, ao: =Q E.t aBEorr-OT.r ll, l,-EE.-< E?=trtr = olnc)oo@F-OOd-ottr) (o o) rJ)F @- t-. c)-F (\l e)N (9(,) \l r.a' (O F. |\- @@ (Do)o)(o @6 @ @ @ @@ @@ @@@@ @@ @ @ @ @@ @@ @@@@6Joioo)oNNo(\l6doooFzfo=IJJ E.E IJJ=Efz @g-B H3dHo tqq zIFo.troo UJo Fzfo = @oNoto F- (t at ro ro ra)(otr)tr)(o(0ra,roo$ \t \t ${ ttltrt rt$ st rt ttlto oo oo ooo(\JOl<\INOJNO|NccccccccooooooooE) @E} d] dt dld)dl (oNc) o)@(,ot (Dt- (\t r.)tr)q,F G) ra,oo tt {ostvF o16 o aI 88 t tN OO O @o PF (Il ct UJo6 z @@@@ooooOINNNFn,(,ro(r) FFN(\INoooo E,o-ttiEcqcnt ; 60 lDI to E E =E? ; E FF E ES=5 c E aa P= F:E.g E d i .e.e >6 o-6E:E = ; { EE f 5 HEFF .9 ? p 66 Eo- .Ep-s 4s E q E FF €i EEEE #5 H ; ; 33 B.€ Eai5 ;: e.E E : BB= 8E 334iD r q ^q a -6, ,i.,i. EE E r E E;i q)au,E hh €i H s €€E fi6 trtr$dl E(f (L(L F |J. OO(, rL rL O- O- O- o oto (t o o o(\l lrro lotroO @N N O O t) (O F- r,) Cl)Or@+ d r.. - o { or oid -ddtal @(O (O O) lJ, @ln F@ P<,Ocr- N- d)_ C)_ ': aO - lr)- N (.)F (\r a) og g N ooONF-O@(\rI sE s I I &R ee eeetO rN 6l N N Ol Al OO 61 (\lNi OO A O O OO OO OOOO lI, C, F OO- ': ': ol q q qq ': ': qqq o oo o o o oo oo ooo z 9Eh=tEo!XUJ6FX>6EY6;?E#=i:Jaa(< ^jouJzzi _uoq!AQYtr>26iY'nod.grcP =")triilllllo)o:tr=E)oS X o: Eaf; E E E ? E= o 6d tr > 9 () d E FZG, =ulo@o=o=<z JGt2 cltrooz UJ o).o: =9 E.fi a EEdu-(5I.r ul (,-aEcE.-<E?=trtr = o UJ E,- = o-o)FOO)c? ol q] o?o@c)61c)F@sl-(o--(\l@ (\l6l@@@@oQooAINC!(\I@oFNOJ(V61 (\t N AtooooHEI-l o t o o oooooooooooo(\r (, o o ooooooooooooo o or o ooo()ooor.-(,F.o@6r o (, o ooo@ooo(o@(oo@o d) a o, \t Al ol (\too(oNoorooro,q '4 6 I q (| q '4 '4 ol '4 '4 ,r't ,r't q q'4o, (, al st F (\l ot ol (\lor(r)C)c)c)(Y)osr F o (\r c) oooo{ooooovAro o F O O OOOOOOOOOOAAo) - ol ': a - - - r I a I ': - ': ': ': o o o o a oooooooooooo Fzlo=UJ 'E.E UJ;Efz o) o) O F (\l ('(9(9(,(9(9(9('(9('('(9@ @ o) o) o ooooorooooororo@ .o @ @ c, @@@@@@@@@@@@ o@^F- OOOOO;NF\Psl = F- F- F- t- F- F- F- F- F- t- F- F-o:F Y NNNNC\INOIC\I (\1 6INNII' = (\I C\I N N C\I N C\I N N N N NOIOINNOIOJN(\INNAIN@lr 'r)rJ)rOlr, r11 @t\ttr++oooN(\t(\lcccoo(Dd)d)a0 ci o. UJo6 z I E.= E9orBo- .E<E IE\6ft E q E s € E3IL .. g E c,r o :2E E F E i c?8 E€E3 = Y gotc rorE 6 ii uJ I €E.9 oooE E= A t $ ;:; =oE=o EX.'lP 3 a I a ooo6E-e=eo-o. E-Ec E d E FFFEB$E€gEF# @ o) F O o (9(l)@o)l,)Oq)OOOOOo or (D (o d) (v)F.@or/)ooo@o*o - ci <t <'i 6i ri 6i oi ot cri cicicr-cisd - @ t 6l tl F (r) rlt OOIOTF- \t F. F.' (o- O- (\l_ :llo Ll, F. F(, NF 9 i N.ii o- F2qEsQegoE<auJF(rHEEElGa[UXdl L @ Yo'a.rY O -tlJ O_ =H;83FUJZA(,rlLUl zoFctroo LIJo Fzfo = Jo-Iotroozul FzE =l l,llo@o=OJ<z a(r uJ(I) o o,ao: =8 E.fi a EEdu-OI.r l! L)-GE.-<5?=EE = ou E = l-l2lflolEI<lqIGl (.' (' (' ('' e) <9 (') d) (') (9 ('' (9 (') d) (9 (Y, (' (9 e) (Y, (r' (D g'n t o, (D o, o) o) o) o) o) o) 9) o) o o o, o, o o, (D o) (D cD o, o,==t @ @@@crdr@@@@@@@@@@ @@@@@(D @==t=lzl E_sq.sF' E $tg?. =.EE E*i E EEE $5,:s*qr jHEE gA A .E 6.s 6U".' ....,., o ...: o. !L rL H a a H E B= E P Y s;;;;* e;{ L E. r H €,*;*€!trfE€€# E:[ [ [E,eSf;.aE;**T O O - i UJ > > f r I F F F F > (/) F > UJ LtJ (/) O Q o Qooooooo o o o o o oc, o o o o ooQ O QOOOO rOOO O O O O O OO O O O O OOQ o I O O O) O rO C) rO rr, F- F- F- F- rO O F- O o) O O OI o OOO(OO(OO@ (o @ @ @ @ @O @ O @ c,c,c)(\l N qt N N o) ol o) $ cD cD or at o) cD o, (\l 6 i.- (t ol c\l @ro ro lr) ro Lo (o (o ro ro tr) lr) lr) lr) lr) lr) ra) r, l.., |r) (, rr, l'ri ratctso(r(o-- F F F N (, :t (r, @ c, (t (.,@ !t @ \t (, 6r (', (', (', (9 (9 (, o o (Y) o c, o (., N (' 6 ('o o c:r oooooooo o o o o o o o o o oooFFFI.Oo-o-(\l-C!-ooooooooooooooooooooooo * .6 LrlF troIL(roo )<z @af (.) t t r, @ F o @ @ @ @ @ @ @ @ o) ^o F N (t (9 (.,OINNNNNNF- F- F- N N l'- F- F. F- N l'- F- F- F- F- F- F- F- F- N N t- i.- OI N OI N (\I N N C\I AI O' OI N N 6I N N OI N N N N N (\IN O/ Ol N (\ (\t C\t C\t Ol Ol N (\t N N N Ot (\t N N Ot (\t N OtN C\t N NOt C\l Oi Ol (V 61 6tN6JNNC\tOtOJOJNOJAtN aq o. UJo6 z clllJ utEA FzE =r ulo6oEof<z N - O O O q, O o) O, - O O O O O O @ O tO O ra) N @'4'4 C c? q q q q \ u? s q q q q q q c a? q q ol olrO - O F. t @ tr) O) l.- tr) @ O lr) lO LO r..) F- lr) (O O - N O)@ O $ - O @ tr) F tr) N (O O N F. l\, F @ (\l t- O r (O F-N O-(, F (r^ O)(',NN Fo) O-N-FO)(, zIFo. Eoo UJo Fzfo = Jo.Io EEoo UJ g,(o : -ct E.t ayEdu-oI.r lU L,-EE.-< 5?=trtr = o u.tE = FIzlflol=l<lulEl (', (., (' c) (, o (9 (9 (' o (t (Y) (' (9 (9 (Y) o o o o (9 o (Y,r?iil o) o) o) o) o o cD o o) o o) o) aD o o o aD o o o o o o==t @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ q, @==lflzl { $ ro (o F- F- @ o) ^^<, F N (, s ro (o t-- F-N Ot Ot N (\t N C\t Ot (r) (, (?' (9 (, (') (, (9 (, (, ('' (, (, (9 (.) F- F- F- F- t.- F. t- F- t- N N N F- t- F- F- F- F- F. F- F- F- F- ot N c\t ol 6l c\t ol ol(\lN t\t oJ N (\l ol Al 6l N 6lN olN 6lotNNol(\lNNN(\lNt\t(\J(\1 (\1 6lN 6l N (\lN 61 6JNN N N OI (\I N OI OI NN (\IN (\I (\I (\IN 6J N OIN OJN N S rO (, \t O O tr, Ct @ (, @ O (O @ O O) O st F- (O to O O': a2 q q q q I q u? I - a q q a q q a \ \ c2 q q - O, o) @ O O st @ (t @ rO O) (Y) - \t N O) (O C) O - N c)O tO O o) O O Q (\l @ O @ - \t (', N (D (, O O) O) (O rO @(O OJ FFFN Cr- F (! (O- -(,F oooooooo oooooooooooooooooooooo oooooooooooooooooor'-Noo o (, @ o o o o ll, c! o to o o ooooo@@oo o (o (o o o o o @ @ o (9 0 0 0O) Cl, N (\i CD CD N (\l - C\t CD d) C\l C\l OI N O, O) F- q) O C\J Nro ro lr) ro ro ro rn ro x l.r) ro rD ro ro l..) lt) l..) lr) tr) ro o, r..) (o @ O) \l (9 O O - - o) N (\l (' (\l N @ (r, st t F t aD (, (,\l <' (D o (o (o o t o) o o N o o < (, c\l ol C, @ sl' (, (,ooooooooooooooooooooooo --d--;;-;;-----;-;;o---r-(\JFF-FNFFFooooooooooooooooooooooo s ",Esr H $$ $siH s g{.;*a*++H{HE+ts OA (,(, jg I ;.i >'>'OO o-'no-'-(,../.lAE E - E::6 . ^E -t e€€ E E6.EO j e Esg g * g E g* q * c ; E 5 5 g g * E * } s s 3 E E;*E S S 5 A*E;*E ! + + E E 5 E 5 f E E 5 ot! ruza tu9o z FZE, = IIJo.oo=ol<z zoFc EToa lrJo Fzfo = Jo-Iotrooz UJ I oi ii [!F (roo-EooYz mal o CO: =Q E.fi aEadu-OI.r Ul (,-IEE.-< E?=trtr = olu E = oFIzlllol=l<lUJ TEIE rxl=El2l (r) (, (t (t (, ct (9 (.) (, (' (' c?, (t c?, (' (t (t (t (, (, (.) (t (r,o o) o) aD o, o) o) o) o) o) o) o, o, o o) o) o) o, aD o) o, o) o)@ @ @ @ ao ao @ @ @ @ @ @ o @ @ @ @ d, @ @ @ @ @ @ Or:^O O - 61 (\l N (') t r, (O F. F- @ ^^^^^^(', (, \l n t !f { $ \t sf sf { S S ll. \t \t lr) ro r..) ra, r, r,F- N t- N t- t- F- F- F- N N t- F- F- r- t- F F- F- N F* t- t- 6t (\l ol ol ol oJ N N (\1 c\ (\J (v ot ot o/ (\ N At At (\t c\t (\t (\lN N OI 6I OI N N N N C\I (\I OI N N N (\I N AI N OI N (\I OJN OJ Ol Ot N N N N N Ot Ot (\t At At Al (\t (\l At Ol ot (\t (\t ot 99 a a. EE E = Paa,> -=EH EE E lecBHrlasleEe :: 3 9&e*s9&9: EE E # aEEf,E fle E ; f E g ! E Eafr; aatE938,E A3.;f 6P99 f 6f E Aii A AAd eee90OOoo oooooooc'oooooooQoooooo ooooooo=FFFFTE,aq,ooooF-o ooooooo-ooooo99q)(oOOO@O OOOOO(OOOOOO66E- O O O ql (O N o) N a l- F- 6l N Ol O, (\l o) N C\l N Or N'4 u?,4,4 q I u? r't 'r2 6i u?,q,4 9 '4 '4'4'4 I'r?Iqri.lO o) @ @ - - <D (.) (', O, F - (O (, (t @ F O) O) O) O) O) O)o I ol or o o o o (., o) (r, (9 { (, < (\t (t F F ; ; ; Fo o oooqooooloo o a o o o o o o o o o':,:,: - - q,:,:,: - ': - I r:,:':': ol q ol q q o) ooooooooooooooooooooooo @ O N (, (O !l (O O (O O to O) @ @ @ sl F- tr) CD O @ F (O@ @ (, @ (', (O (, (O O) r.- F- @ (9 ro O @ Ol cO o) I o) O @o oi + F- oi ct d 6 (\i + d + ci (\i ci - F. ri (.i d - - oio) o) Ol S F to CD (O O) rr, { @ t - O ra) N - \i (\t @ @ F-OlFtlF- FC, @N- (OCr,{(\i-,j ,BEA UJoo z Fzt =r luOEo=of<z zoFctrootuo Fzfo = Jo.o6 Eo6zUI a 9l q N 'UI ut (roI(rooYz (D U)l ol(o : =Q E.fi a9Eoxs5:-EG-,- <5?=tt = o-@noo)oc!F--(\N t'- r'-co@@@@@OJ C\I (\Ioooqqq ooo 555555F-F-oFo, 888833ooooEoooo sss88 555553r- F- F- t- N F- N t- F- @@('r@F- O) (D (D O) O) O)F FFF-o)OOl 6JAlN(\lNNol 6l o)o)@(,F (O rr, (, tO (O rOAINAI (\1 6lNNN(\l (O (O i- q, O) OOOOOOAtNNN6IOINNN OOOOO OOOOOO- (o (o (o (o (o c1(r(O(r-O<'C.rF NO@NF lr)(Orr,rrrOl(tq':q':qqqq6l C-qqa qqa?a?\CNOI-|.OOrrr)tOl NF.st(9$ (OOF(Otr)NF l'- <\l Ol sf F- @ O l{, Ot-@(9N (O(ONO)OlF{tO-N Foo-t!o Lr.lo LLLLo I NiiI utlrl (, d) d) (9 o c) c) c) (., <. !. \l t { tr) ro lr) lr) lr) (,l? |ltl o o o o o o o o o, o, o, o, cD (D or ar, o o o, ot==l @@@@@@@@@ (o@@@@ .o@@rio6d)==tflzlOPPgE 8 RAdNDo iii q EN T\Ioo F ooo.E g EEEtLqro- I o, o) (DF >. o- 'D cD "'6=E S E ..... EgEddd = a E ss=sa ;;;oioioi!,,,,,'.,e., I 55588 dddxxx>ii666Fii 6 ..:::i:i:: 22zPPF e-e-e=a-&i-&fr e EEEEE EIE-6EE'i:f Jlf QiEllJ ooooo _=!!(!ooo-AAAAT.OO l! tLLtLtLL OOOOOO oooooaooo ooooQ ooooooFOOOOAOOO OOOOq) OOOOOOooooaoooo ooooq) ooooooooQoooo@(o ooooo ooooooNNNNNNOJo,o, N--(\Ic\l NNNNOI(\lr.)rornoro(,roroo tr,r!n?qu? u?,4 q,4,.r? '4oidd('i(.i('id<il<l ao o. LIJ(,) o z Fztr = LrJo6o=of<z zoF(L E(,)oIU6 Fz o = Jo.Lo TEoozUJ (r,(o = =QYa=ETJX9Eou-OI ^ulL,-tE--<5?=EE = o uJE = o-uJaEl ro (, L, n) lr, lr, l..) (, u, (o (o <o F- t- N t- F-tt ||tl (D o, o, o) o o o, o o, ot o) o) o o o) o o==l @@@@@(o.o.o(o@ d, d, @ @ @ .o (o3=tll2lHHI-l qN(\loNNC\]oo).dN@o(\JNNo )))JJO-(L(LIL(LtrtrFtrtroooooooooooooooooooo = = = = =roro('ocDo)ooro6 O,O)--o)o)OOo)o)IIO)O)OOOOF-OO @@ @ cO @ (O (DFFo)O)O)O)O)o)F-F-tr) lr) (., (v) (9 o c, (, - - o@ N t- F t- F-oo@@@@@@(Do) (ro o o o o oOOo)o)O)O)O)o)(DO, F (\l -Fo)o)o)oo)oCDo) oo O tll O uJ O tlJ o tlJ o LIJ ooooo06666F-r\NNri@6666ooooo -OOOFCccccaDoooo)(!(!rlctGo)FCD"l"f")')-Fo)(')CTl'r, -o (4, $ (o -o (rJ -o rn -o @@@@@6,4 6 'r'l 6iq6qEq 6@ o o o o o -o, o, o, q) oD o) o) F o, 55 Q I o o o!r!EdHdHcjs 33 E 3 3 3 Ezt-zt-z-t-z-t-z-t-bKbgbRbgbg? EE E E E 8 EESEJE.:gELts:a = E E E - - =-i c, ^i cl ^. (! _i r! _E G o o (D o o o q)\)<D\)U)OOOUTOA ILL O- tL (L (L O_ a s! eq ii 0_ aa LIJJIUtr 3zoN(r[! zoao Lr.lJ ooa Foo-L!o uJo LLTLo F-tSSF-@@@@@@@crao@ot ol c\t c\ (\looooocqqqq ooooo Or@o)(r)F@(Otr)F(,) O) (O @ d) @ @ (DC! o) (D F (\l (t (t @ \t Ol 6l lO (o @ r.a) t @ocioi eiaidtr.--6ici <o@ si d r- c, dF (, @ F (, (\l @ O) (, O) (o(\IFAI[O(D-t_ oooooooooQ oo o o o o ooooooooooooooooooooooo oo o o o o ooooooooooo oo o o o o o(\t(\tNOtNNNNNN @@ (O (O (O (O @ro ro ro lJ) l.)lo l.(, lo(rlr) rol.) u) ro rl) ro ro --cicici cidd-- c'i c\i 6i oi d oi 6i\ts@@@@@@tti slt ;oooooooooo oo o o o o o- ,: ,: - ,: ,: ,: ,: ,: I -:- ol o) ol o) ol oooooooooo oo o o o o o Fzfo= tq o- u.lIo = zo FcEoo UJo Fzfo = Jo.Iotrooz UJ FzE =r ulo6o=o,<z o,ao: za E.fi a9Eou-OI.iuJ(J-E'E.-<5?=ttE = t\\t-o@-F.@coF.qoN\i-illlol=l<l F- N t'- F-oro)oo)@@@@IJJ E(E IJJ=gfz @5-.{oEHoBJFoF ot! ruzi, JJJJIL(L(L(Ltrtrtrtr llfl ltt@@@@ F- F- F- F-oooo oLlJoL!oL!oL! i-NF-FooooccccOGG(!-) __) -) __) @@@@ooooooooooooooooii ii ii iioooooooo)(L(LLO- FOrl)O)O)z c1 '!a\]CITOFN.rll)Oo)st =N<@ UJo6 z zoFo- d.oo lrJo )o-Iotrooz UJ FztrfuJ 8Eof<z $ E 0- ooooooQooooo(o (0 @ @ro lt r, (,oiotdo;ooooo? o? ol o? oooo aot!J LIJE =zoN(Et! o@ =zao-3 E.h a EEdrr-OI.r lU L)-tE.-<5?=trE B cl o(9@oorooroPq,: oqqol q o(,;i-dciciddctai:c)F-o(\lolor(oorYlO @- @- - Fr (\ lrr. 'a qF(oN-g d@ o) OOO F 6l $ (, rr, (ONNAI (\1 (\I N NN No o ooo o o o oo oF- F- F- t. 1.. t. l.- t- t. t- t-(, (, lo lo (t ro lo lo lo|o u)d) a) d)c)c) c) c) c) oe) (,FIzl=lol=l<lY 'EIo urlru aol5=lzlurBEA tq o. @@oo(\I AINNoout(\l oc o @@cr@ooooNNNN(,) (r) c) c)NNNNoooo olta,(r)(\l oq o co Q) G =ooo E,".sra5taLo!olr-t-e =coqJ3 -q I 99 oo sr o .=.= =4 dr E i6i6 A* o E PP 5 lD Y () GG ('E 2 < ?2 .x::o(nccG5 () uJ << I a q, o oo roq q q qq u?o rn u) oo (.)C\t ot o @@ (D Fzt! gl uJ uJ(rtrtr Ea-JJ z @@aoEENNoo N'D:i(rrltlo=(o@ @ @ oo (oao d) st@ l'l., @ @@ +F- @ @ L) L) O@ (9 (') N o o ooo o o 6 00 0o o ooo o o ; oo oN O OOO O O P Cro oI O OOO O O O OO Oo o, oo)o 61 (\t o, o, (D \t'4 u? qu?q '4 '4 'r? '4q qF (t e) e) e) (, (t o) O, O, (!lat sr tts \t \t - \t !t a)o o ooQ o o o oo o': l: ':':': ': ': o) ': ': - o o ooo o o o oo o rooooooc, N > nc)aolr) z c) (o (\rOlttP-(\1ro o, 6t 6t (\t UJo o z @ (,)I .c=eaoro PE; o F--(5 E cI Ee, E e8€YZ(!--Y !,:ogiocYo .\ g) o,:9 YY o r*-oP .9 tE,EY ts N=ILE S SES O a, -{(,q r e?q?qF- C, Oo)rt(, F- <got(, (o- @- to- ('r. - F(!Ol zIFo.troo UJo Fz =o = Jo.oo IEooz IJJ Fztr =I IJJooo=of<z a 'U 0- oz o!!ok"988j.il*8EE;<-?iAzooijOtrJFEgl56SV8 ozt--?,3,96!!goY',6,ad,1,; qE H>uJ := =E9Ado:E'85<a oF ur oao: =Qo:3 E.fi a9Edu-OI.r ul L,-arE--< E?=EE = oYo UJ-oItr uJ oqrroqo?aoooo(',o@6i ,-:YEI F- (O @ @ d, @ @ @ @ o) O) C) F 6l N N.rt t c\r (\t c\t (\t (\l (\l (\l (\t (\t ot (\t (, (r, (', (', oEEI R RRRRRRRR RR R R RRRr>t ro ro (, ro r') r') tr) tr) (o tr) ra) tr) lrt (o (o 6Oll (r, (r, (', (rJ (r, (r, (, (, (t (9 (r) (9 (r) (9 (' (,zl @ ooot@ @@@:i si\it(\1 (\t (\t 6lo oooq qqq o ooo F- F- I.- l.- l.- t- F F@@@@@@(o(D!ttttttsl'<'c\t ol N (\t (\1 (\t (\t (\l ooooooooqq9cccqq ooQooooo O)Nl'-ONCD{(r)@ (trLOO)F.(')!.FcO @F (\lsf rOtl)-OO(O F- F- F O <t (O Ol@ ?(O@(,@(\(Osf @@ (9 I ;l..,CDN @@@CDO)OOO (r)(' F o) F\l{F (!NNNN(9(9(, ('(9 (\ F- tttO \llt$$9rl<{ (Ir(D O <. O, O, O) @ o)O,O)lr)ta)@-l..) OO O) r{) \ttO@,: qq9utqqc?\ qc e2 a qqq(O O) O, O) 61 ON(rtr) @ <\l CD F FNO)O @@@NOOt-@ <tO (9 (9 r- @ (Y)rl) , F F \t o) Ol N-N cO_ o QQOOOOOO 99 c) O OOO = oooooooo qo Q o oooQ OOOOOOOO (9qr 0 O O66o oooooooo 19@ o o ooo@ oJNAtOl(\NOIN q)o) Ol (\l (\t ol <\lro |1)|l)rou)u)rr|J.r|l,) ro to rl) ro (o ro (ooi @@<o@d@d<i (Dq, d d GtGtd- st\t$t\l$<.{ q)(I, (o r rr!l<o oooooooo 99 <) c) oooq ,: ,: ,: ,: ,: ,: ': ': qq I !: ,:FFooo----(O (O @ Fo oooooooo oo o o ooo @@(ooQoN(\INbbb(\t (\t (\loooNol-@oNC\Joco@o@.,-B H6'g So (EF 8,(!Nb6lcc=coov,_a |, 66 ! d)oothattatti\t2.4=.:'o@ooo@oocr, E.E u, u, g ii(\Jooooo@ororrq)o ETEEU=== LL ..r CE I I IE 33333888 ;o;o t i PPP+l o o o o o o o o ;b, S fi .8.{6 'EE EEnnnnnt E'E' : ; 11r'a EE=E==== 66 : F 9e!0,,(DoooooooEE6Ytll t!uJ LL ".r ul Fxiul t v=LlJ,=6L,.t ii =istrzE<Et! /-tr! ii' zo> = =o< o o Fzfo= +q o- UJo6 z zoFo.(roa UJo Fzlo = Jco Cltrooz IJJ Fzt =l uJotoo=of<z I s n Io- ltooFoI(LzoU)zo(r m oz a LIJFa a (r uJFF F<<m o@ ==io:9 EFA9Earr-OT.al!()-EE.._< 5==.rtr = oYo uJIo =E UJ F-(\IOERolqqe@(oN(9Fta)ra)NP9(\l ,jE(\ N C\l (r,Cr(tCr('(,('r('r(', s rr, (o(o@@cr(?)(, ct(rr(r(to(Y)('r(,(, (., (, (t (t (, c)ooo ooooooooo o o ooooF F F F_ F- F- F- l'- l'- F- F- F- F F- F. F- F- t'-(, r, r, t.)tr)tr)(rlr,ro(orot.) lr) ra) lr)il)iJ,lo(., (, (t (Y, (Y' ('' C' (r, (' (" (t (' <t (', o) (, (r, (tN 1". F-lJ)lr)lr)@@@ol (\1 (\l oooqqq ooo (r@o- + r.- (.) (o r.- @ @ @@@@F (o r.- (ostNG'+a!(\l (oro F F (,(9 o c.)s@@ F-ooo;(\i^j+F cr) (r) o)ocDo)c\l C! C! OFFFF;;r(\l O - @@@@lr)totoC\JJJJJo) o) o) ooo(.)(9(9(9('(' 0 0 tLutLI =@(, F-ttr)('r<O(O(O@t- O - tOrO-o)(,@ O)(t(.rF(t\l 6l O) O, o @ +OF-Saq!9 oi v r...- d r- s cd cd oi oi d <rcjdd@tco $S:t@@oraFc) lr) (\l +o -S(9FN Ntr) (Y,(r_'o(t @@@oooA/ A] 6I6DbNNNooo@(\t(\lo Q9a OOOOOC)OOO O c, OOOc)aea QQ9qQoooo o 6 0666999 OOOOOOOOO rO lr) OOO69oo ooeoooooo @ @ 6666!-\ c-\t c_\t (\r (\ (\t N (\t (\t ol ql N 6 o < + !. <ro ro rr, (otr)(rrolr)lr)rolr)ll) ro l.() ao@@6(o@@ <td@ddGtddd - - ---;s<.r $\trr{\trtg!. (9 (9 ('r('(,(',ooo ooooooo6o 6 6 o<5c5<5 ooo ooooooooo o o oooo >oE^tEl4,q- Y8He585 ="d6L!IAtro^Jt!=U-2tL ooo ooooooooo@@@ oraDo)o)oooroo)svvss9svssttNNAt (\l Ol (\lN(\t(\t(\lNol ooo ooooocrooooooooooooooo oooooooooooo =! Iel&E9E9ocl =--o=0)-od .e:r r r r r r r r r r r r r s -- E HSeee PePPePPPP A 8 ei5[xG (u G G 6 6 6 (! (! (n (E d - lI OO -.(co-(LL (L(L(L(L(L(Lo-ILo_ '6 - LLoi-999 eeeeeeeee = I :g€!aai iii::aaai € 5 RE33 9l a otoLL) t_Fz Lr.lO FL!Jo CE uJIoJ LU CEoz =o to o- LIJo6 z F2fo=Y(rouJuJ t0E=O=lz,fiZA Fzt =r tuo(oo=of<z zIFo.EooUJo Fzlo = Jo-Iotrooz TU o,o: =i =ER9Eorl-OI.r uJ (J-EE--< E?= crt = do)o6ld)oqqqqF. I..) F NorroloN-Or(9@F. o)\t{It c,ut ro ro rlt <) r.o, o) o, (D ol r!@@@@E.(tJJJ) q' 6ILLILIL(DF YEI (o @ @ @ l'- c, o) O O F.rul c, g, (!r(D e, (') (Y, n t * t \t s;;;t Q o o o o o o o o o o o oi=t bhhh h h 6 b b h b h bo=l (., (, (r (r) (9 (9 (r o (., (9 (9 c) a)zl @@@@@g-E H H H H H1r^bbDbb- (\t (\t ol a\t (\looooo@@@ F r..) r, @ @ @ @u, r, r, o o o o o o o@(o(o t rl) (o ro ro ro roNN(\ (\t Ol Ol Ol N 6t N, aoo o o o o o o o = ooo o o o o o o oo --- - - ; ; ; - -A ooo o o o o o o o J-JJJo-(Lo-(L (9@ ----(rF----339 == ==(rtlldrolol@@qr@F@@-ooora)(,ra(oooo6lNN(\rFO6Fo F - otlotlouJot! !! q .ii 0- rflza >-LCC^o>uJHSd.,<ILts(az:)O6LrJr/)lJ.J;=>zteg<60F-(r=FLu6ohoofi23ft- > I tr>- o9E96ruJerjrazd=E < E Ol OtL O d) O(/) I 66SS orl(!rB(B.i=!= =-E!!O6eEt;;E.9,hi,r-rra_r-C.Q.9c',cl)o)ord6.q6'E..E.E.E.Eaovoo.-o-o-o-o 5EEEEhF=oalrrrC66psEdEdfi,*?Eg060.0606'Furi4<o@ao EkEEEoooo6 d i ii ePeP(\l(rocror(9c9d)(\toroo@@or@ol(,d;oi;('tci$-drOorostroF-t-@stO)(t-N-tt6l(O-@ oooaoooooaooo(rooooo@oooo ^ (\l 6) (\l^ clNN6q,4u?:qu?q:Ol(O-(.rOd)@OrOosf(rsfosi\tlto -OOONOOOOI6! ': - - - r '. I - ooooooooo .c'= o o.o) oEt--og =tL.OUErLQi:Po o X38=#oci9R RB33 !.o()FtoF.t@ocd<ttO st oooQoooooooooooooqoqqoq ooooaaaa oooo oIroTL utY) oaJoIL FzoE IJJIo z z9Fg IEoo IJJo Fz =o = FZG, =I IIJar65=o=<z Jo-Lo .Eooz UJ oYoulIor E, ul o@ -ci E.t a964u-OI-rul(,-aEtE-,<E?= CEE = FG'rOFc? q q '.N(r(,\tLoO@slN- (O @- sf-(9t 6J N OJ Ot N (\ N C\r Ar Or 61 6lN (', $ lr) LO lt){ ! S $ t sl t V \t \t \i \t !. st t \t\t$ooooooooooooo o o oool. r- F- F- F- t-. F- F- F- t- t* t- t-- F- F F-F-Nro ro tr) lr) lr) ro tr) l..) lr) (o (o Lo Lo (r) lr) rolr)roc)(Y,(t("ct(t(r,(r,(Y,(',(r,(,(, (') ct (, c, (r)FIzl=lol=l<l @@@oooNN(\/bbbahNooo@oNNo (o F- F- F.NOOOrr, l.r) l.r)lt)(\1 (\1 (\r ot o oooq qqq o ooo oF.F.q N \t t F (! F- ? - (t, At (t |'r) ()6lF(O@O)Oltrr(, I{)|r)F-('N ln rO (, Ctl @@ o) o) o) O Ol (9 S (O (O (O F- @ O - ('('tr)(9 (' c) (., { <. t t t \t !. t \t c\r > (o (o (oo, o o o o (D o, o) cD o cD (') cD (Y, a .o.o.o(O (O (O @ (o @ @ @ @ @ @ @ (O r, = -FF N A N @ Ol N lo c) F lo (\l O - rr) - OO('- ': q q e ': a? a? '/l ul ,4'4e q ': q\all) N q) Ol @ t F. o, @ (O Ol (t @ (r) \l lr)F-t- t F- 6l F N F @ F (t F\ (o s FcD(Ers- (\l {F oooooooooooooooooooooooooo(, ut r,o ro (, ro (, rn ln ra) ro ro (,ol 6/ N N Ar Ar (\l At (\l N N (\1 6loooooooooooooqcqqqqqqqqqqq ooooooooooooo ytrO IJJuJoI=ofzolu r!za FzE =l l,llo6o=OD<z io. UJo z 9 n i n lllc9c, 6E6i- odo(!0(D(D,P tr(r(r " oa oa od3 aqo9 .C.9.q: ooo nrd)d)o);oooEoooI <<<X oooo i= i: i= IlttlltttttttCEEEEEEEEEEEE(!(!r!GGGGGG(!{!r!(!i3833;;;=====ooE!!!!!!!EEEOOOGGGT!C'6G'G'C'C'IITIT----IIIIl, o) o) o) o) o) o, ol o, o, o, o, o,ccccccccccc_c,E>5€56€€EniEEEE ; =-5--====-=== EE)d)Eldld)tococ0co6d]dtdt oc6 oo oo oa oo .6 Gd .6 G5.4.6 ca d 3o) o) o, o) or o, 0, o, o, o cn o o <ccccccccccccc!5555EE55E5555 gEEEEEEEEEEEEE q!!!2!:!!!=:=: ts(L rL rL O- O- (L (L (L L (L O_ (L O_ ! OOoOOOooooooo O o oooooooo<)ooooooo o o oooooc)oo<)ooooooo N o oooooooo<)ooooooo tr) o ooo(\l (\l ol N 6l OJ (\J t\J (\l c\J (v (v (\l CD \f a\r a\r a\rlr) ro rrlr) ro (o rn (o (o ul ro ro '4 u? l.(, lr)rr,rr,<iotvdd{dddoi d(.id s di dddss@trl@!t<.!f \f <r <. <f co (Yl +++ooooooooooooo 0 C, 6c,0 --d--o--;---- d - ;--F-NFFNFF-Noooooaooooooo o o ooo LIJooZ><rrJH|r.J-'rtllZa(r+zFAoN =(DLU!oAL-U': \F.6-=NEds8 = q oo uJ(r =oIL Izo U)zIo") E)J zIFo. fEooulo Fzfo = Jo.tto CEoozul o)@: =Q9;?EgJXEEdu-OI.rl!(J-.EcE.-<--"?= EE = Fl F c, o @ Rzl (, o ra, (\t5l utai dinl 6 @ F d P=l 6{ (', (') 6,=l *FYEI ro ro (o ul tr) r, tr, @ r.. t- @ o, o, aD o o, o).rr l S !l !| tt \t <'st \t !t s n \t \t \t tt { 9;=l o o o o o o o o o o o o o o 6 6 6i=t bhhhhbh h hb h bhbbhho=l (,(r)(9c)('r(Y,(Y, (, (, (r, <, c)o(r)<rod)zl Jo_tr -'oo(ooo)F=(Y)(9costo(()z(oroF-+r.)(r)I F- F- l.- @ O) O)@tststs!.<<. ooo)o)o)o)o)('\tsl.sttt\tFOOOOOOo LIJ (, (') (') (t (, (o I lt.=IltlaO.noaaoo o do o o o o o; o o o oo6u,oo @-- o (D (l) 0)oosroooooo(Doooo od d S.uoloaooo a*,aaaaE E XEE<Eo (!Eo(!(!6(L (!<L(L(L(L oo-.-oooo ltlrlll N.:.=.=.:.=.!.=ooc,c,ct(!r!(!coo-o-o-oodF@oooooo=(rEtftr(r(rtr Jod od 06 06 66 .6.5 .ho.;;;;;; J 9l 9looooooo'Ea==!---cilooooooOr=oo)aauta.ha6=aaooooooo:-c.coooooooxtou)ooooooou(!O o99EEEE A EAFFFFFFF > OO ea9aae9 Q Qo o ooooooooooooo (9 oo o ooooooooooooo o oo o O66666e9999eo (\l oo o 666666c\N6t6r(\r(\rc\ o F- t- (\l NolNN(\lNl.r)rotlrtr)r.)lr)ra) rri tr)(o r, l.o!o66tdtr)qi<j<jtrj<ctdd - -o @ <j <t Gj <, <ci <jjSjSS9{' o g(9 + aaii<+sooooooo o oo o Oo6666 ooooooo o oo o oooooo a n ee1$E9?5><jstrttrzo Ia =Nftz\JFRt6>=\ii> tU() tr Lrla tUtIF N LIJ(LoJ N[! o_o) @@oo6tNNNoo@@ooN6lro root otoo F-O @ (\l 6tot(\tNAlrn F- o o) o, o) cD o) q)(olr)L)<lti9\ttAtN (\ (\l (\t(\tN(\t(\l oooooooooqq q 9ccqcq oo o oooooo Q()6I()@OO O OO @ (' F- lr) r.- ro t-u?qCqeqq q '4q ol -\A\4'.Ol Al !'L) (O lr) rr, O EO, st NOF-@-@oDForrF(\l(\t- d, LoF o) (9-FNNlio) F. cr, (v, o 6i -d -T l- O)N l.-o) o) NF-F-t-F-F-Noooooootr)(OrOtr)tr)L)rOOJ(\INNNNI\]oooooooccqqqqc ooooooo @cr(O(OO)@-N@@(\Jol(o@@ @@@oooocD o@@@@@@@ (\Jo UJBZA +o o- uJ(,) o z Fztr =tu8gc)=<z zoFo.E(,)oUJo Fzlo = Jo.o6 .Eooz UJ C')@ =2a E.ft aEEdrr-OI.r 1! L)-aEEE.-<5?= .E !E = @@ooOINNNoa@l-@(,@oNN@@@aoossarolJ)(,NNNooo 6@E O6 ,Ec i; cr r r -9 == -9888 E HH 33 E+(ar(.laooo4AtAt888 d) 9'9 dd d)666\.=.=;;\IrrI666 (, !E oo o QQqqo<)<) 6 == ++ gi 8888111 g Ea ad .= ====EEE E e BB E€ 5 aasgooct=[ccoo=>>>]o_ o_ o_ u d EE rr rr u !!!r =i= -E [i EE tsts -E eeee sf(oo o, F @c) F- F- @ OOOOqu?e? e? q -a a? a? ': qq\crl(D (O F- tr, (t F (1, OO F- F- (\1 FO,AIFOTl'l)P-ol N (t (t- a. Nn eiaO<zY'1 ="=sIi LrJ<+>6IsEEoa zs(ro tro [!z[!cc =o-o-fJO<JosocEIJJ F =Q_-N)YlurogEz6H;*.ao:'-<zec * 6s: Y >9H 0 3d(5 z o- aFtr d oFl Jft!(r {@dN(\ ra)@-ot q,':c?ql'- rI) d)6l-No,FIzl=lol=l<l O, O) CD O P (\l (\l d) d) t lJ, L) lO (O\r r r ro ro rl) lJ,) ri, rJ, rl, rJ, (, ro roooo o o oo oo o ooooF-Ft- F- F- F- F- F. F- F. l.- F. t. Fr, lr, r, lJ) (, ra, lo ro (o lo (o lit (o ut(v)(r)(r) (D (t (?, (" c)c) (, c)d)c)c)oooo@@@@(\1 6t At (\t ooooqqqq oooo 6i oIooLotr)6t 6looqq oo NNOIooo61 61 (\l oooccc oaa ooEE 3$. Rts EE .5 B5 88 5 RXpPE ;; PE E E::: @@(,oootlolr)@ooo @<.<.<.ooooe) (9 (t o +q o- uJ(,) o z YIEouJuJoE=O=z6l! uJZ=s Fztr =, uJ 8E(Jf<z OOO F O OO F OOOOooo a) o oo o ooooooo o ro oo o ooooooo N (o oo At ooooNN(\ O o) (\t At O Ot (\t (\1 (\lrf}6rn ro ro ro(, &; ai u? 'Qq'Q'q(pd(!, @ 'j oio 6t 6t <ci -;;-rttt N (', tlt oo N a)c)a)a)ooo o o oo oo o oooo':':':':':':':':':':--r- oooooooooooooo zIFo- IEooulo Fz =o = Jo.Io Eooz UJ g,o: =i =EREEdrr.OT.r Ui q,-E'E-,- <5?= ar .E = oYo IJJ oItr UJ ot@ort@qc?q':c?o)rJrd)(o@{Frtt'-FCt(',lr)F@Allr)@(tdc.irrl-@,n @ @(ooooF NF.@ot-NoN @ot'o@otr N@oNo)ot-Fl o F sl'zlst@F-ll F o @gl s!. (v g<l (\r A$s 33 (\tcc:cDoq)(o @(D stsi(\t o(ro('F-ro<@rJ) (oF(to,N '1 F AI(E'<NFto=t-o F- (D\f@ -o(,6(\l(O:c(tcvomocD) ooc)oooc)o(oool(D(oo{aI o I o 9 <o 9 o d, (o'l (o 'i (\r 'l (\l -. (\r Ar(\tF 6l (' N (o (\t (, (\l NN(D O st O (\l O (D O OOcrFcrFoFaF': q ': ol ': q q q qqro_ct' Fo o o o o o o o oa oNYtrouJuI@E=()f z IJJ9 z Fzc. =l uJo@o=of<z @@co@@@@@@gE R R R R R R R 3 8<r^ 6 b b b 6 b b a 6:jNN6IOJNCVNNNooooooooo tcr EE- oocr EEo>>rE 16a o drlr!Q = 3 E 33d d) -! cc-<oc(n16 d)ff cFt!cc; T E -e-sE G ; JJI IL = !\6 6 p .e .s ;Fe p E ss o) sf aO OO- e2 0? aq@ S - (') (DcD (D ra, (0 (')ra)^ @ (t- !t N- @ro(, @ =55(r, (!(DJ5EEco38!*ai o- (! ::raiEEEPE.;E3:a:-e.P3EE&;53AAC -iOt(oq\qa?q(.) @ r, at (oolostNsF-@-61o, (\ (, zoFctroo UJo Fzfo = Jc6o CEooz UJ oi .U ajgOtr+F_zuouJ - IJJcEoZrI =rt52rrE=.4'"9==€F; A = jPPE ? I 68 d 3 q q'a 2 ul -. to = ) i 2r Q = Y E5 o -uJ j jfreqieffde55 o)o: =9o:a E.ft a9EaroI.r l! L)-EE?.._ <5?= E,E = oYo uJIo =tr uJ a@@o(9RO@stAl@-ciN6i d!.)(pc)oo5F-_(Do)F-f (o N @ o oooooooooo(o (l} @ @ F- F F F- F- F- F- F- F- F-a o o o ooooooooooN T.. F. l\,. F F. F F. F. N F. F. F. F-lr) (' r,n (o rrtr)rrrotr,tr,lr)rJ)lolr)(, (?, (.' e, (t (t at (t (, (9 (' c,) (v, (',Fl ozl \tfl N:l *Y TEI lr)o rrJ I IuJ aol xr =l roO f I (',zl ci o- t!o6 z !t@F @ @ @@@@@@@@@@q,NCIF@ N o) @ @ F-@@@@@@@@@(', @ ro o o oooooooooo(o N (', (\J (\t <\J OJ OJ Ot (\t Ot OJ Ot 6t NF- rl) O) O O OOOOOOOOOO cD(rooooooooooq q qqqqqqqqqq@ @ ooooooooooo o ooooooooooo- (, (, o- o- ro- l.r)- o- ro- ro-Fr-(\lto) @@@dr@@g-E R R R R R R<}bANNNNAi E E E E E E- c\ (\l (\t (\t 61 6toooooo ,9 o a @ oi o),9 ;o)'=a O(E6ltro(DE,,oc tl; 6()EOfo coo- (n o@9qoF- NO) trFri = @@@co@@@@@@oa5 ; ooooooooooE F (t (Y) (' (9 (') (t at at ar ar)i ; ooooooooooOUrccccccccccc c .9 .9 .9 .9 .9 .9 .9 .9 .9 .9 J J-aa)t ii -o.o.o.o -o -o -o -o -o -ojji:i:'E=E==EEE :f r ooooooooooo o oooooooooo =-.=oorooooooooQ C, oooooooooo> = aEaaaaaaaaE E EEEEEEEEEEo o t! uJ t! uJ uJ t! t! t! t! t! oooooooooooooooo o o o o (9 <t (?, <t (t(')d)d)(9oo (\t o rJ) (o ooooooooooo <. o (o (o 61 61 61 (\lNN6lotNotcD or (\t aD o) oooooooooor, tr) l.) lr) ro lr) Lo r..) lr) lr) ro ro (o ro l..) - - <.i ,j - <,i - <ri <'i + d .+ tct - t.i(o (t st (., (, si O O O O F (\l (\ C) (,o o o o o ooooooooooa ,: ,: ,: ,: a,:,:,:-a-,:,:- o o o o o oooooooooo --.r )-<)-Zz^=s-E; E? Zzoezst<.\-t-H = ed6 =zr,i!,..\)(Y > ^uJ i 2 x z = 59 p I 6 #* JE -J F (r <= JuJ < z 6 a<<(r)o<:I zoFo. e.(,)oulo Fz =o = Joootrooz UJ FZG =uJot0o=(rf<z 9 9! e 0- o,(o : za 8.fi a9Eoxs6YE.Ei'-<5?=t.r B oYo UJ-oI(r UJ o-rJ)NFN@l-ort@-OOOOOOOOC, F (\ (\l Al Al ol (\l (., qt- i- t- F. t- N f- F- F- F- F- F- F- F- F- F- F- F-ooooooooo o oooaoo o o|\- t,- t- t,- N t- t- t,- N t- I-NNF-F-F- F- Nro(otont ut u) ro ut u) r11 (,rnlr)l,)ra,rJ) tr) lr)c)e)sr(Yr(9c)c)e)c) a) a)c)o(,('(9 (9 (9@@ooAI AINNNNNNoo a)@@@@@@@@@ - o) (\roooooo F- (t@@@@@@@@@ = tr)r,tr)tr)[Otr) F- (Oooooooooo I o, ct o, ot o) o, (' QoJoJolNNot6/ArN < QOOOOO N @ooooooooQ '1 (Y)('o('oct t 6l aoooooooo o oArooo(9 N oqqcqqqqqc q qaqqq?q q qooooooooo o @(9ou)_@ F- roOOOOOOOOO rn FF(,(1,O)tt t !lrr- lrr_ (r_ Cr- (o O- O- O- (o- l'._ o) Ol- @ d) F.- N O.FFNF(!Fc)c)(r)@rJ)F- ooooci ciou)lr). F.oo@@ooNNNNNNooFz,o=YtrouluIOE=()f z NNNNNooooo@@@@@NOtOIOtNooooocqqqq QOOOO 6uJ uJza FztrluJ 8E(rf<z cl t!o6 z E.o@@@@@@@@@ E -@ooooooobo q<Eo(2(9(9e)(')c)oc)a5aic5666ddii =ccccccccc,^2,a.9 .9 .9 .9 .9 .9 .9 .9 .9 6 E E-> -t -t -t 55555 .9 t =€=o=o€€€€€€ R : o ^ -e e'g H;< s) occccccccc \1, i i ,.; : ro o o o o o o o o - o *u? Eooooooooo E E, 6'0, € 6c;t A J9.9.9.EE9.E9.9. ; :ES .es li cOOOO-0-0-6'-6'-6' A =2Er!7 E 3o. o. q. o. (I o. o. o. o. g c > *= li o ! :E E E E E E E E E E '6E>5#6 E 6IIJ LIJ IJJ IJJ UJ UJ IJJ UJ UJ O. O.O<AJO : I oooooooa o oooooo o oa)(,(l)oc)o(.r(') o oooooo o ooooooooo o oooooo Ar o(\l(\ NOlOlOlNql F- QOOOOO \t Oooooooo<)^ q, (\6t(\tor(DN q, NlJ)lr)ra)(.rlolJ,rD(oY. N rrit.rlJ,t.,lJ,lr) ro lr)OF()@o)Oo)SF - (O@@@@@ttl 9tt(oF9O N .<trttttt a) a)ooooooooro o oooooo o oFFOTFF P F i FFFO --F6looooooooo a Qooooo a o zo Fg .Eoo UJo Fzfo = Jo-Iotroo2 IJJ oIJJo =cEoa=u;=ztrEJ!U+u^a;BY-'ea 3 szF.s<51dBE =2i o-lo(Eo>e8 =(odPcEfsEuJ t!oozz Yz d) aI o)o: =Q E.fi a9Eorr-OTfa l! (J-EE.-<5?= IEtr = oYoIrJ Io-(r uJ (rtr)lr)(Ol.-@OrOON F- r'- t- t- F. F- @@ @ @@ooo o o o o oo o ooF-t-F t- F. F- N t-N F- F- F-lr)ll)lJ) Lo ra) rn li) ro rl) tr, lr) rJ)(Y' (Y' (t (' (9 (9 (, (t (v, (9 (9(v)@NNENo@@@Co@ooooootolAtolNNdNNNNNqIN(\INNNNNooooo |.-F-N@ @@OINAIo ooq qq o oo o)o@(\J oq o o oo@ ++I or or! (.) (to666 H x E E EE EEE-.NNN 8 R d a HH P =P @<ri@rooooL)qu?qqq@(otr)o@N@('rOt(.rt-FO(O+N---odo-NFzfoEY arlorulUJTOI-=loflzl @,B EEB No @o@NoI o ooooooooooooooooooooooooooooooooNO,OI t o) - (vlr)lr)rol,.)rr)Y.toLriLai(O(O(gF(Oo)F(O(OOOO\rvst(r{o)(o\r.=oooooo o o o) o oo or r\J cv-':': a ': ': a -- ': ': ': oooooooooooo @(o@@c\t (\t ooqq oo o)o aoFA9xglaREOdAa i: (4t5 3re eEP =x6:9 =io S S3d <'' Fp.I 3 I6: + $:(t ;( O'\O O,P f gvE g t!\ gt -tL- LL O) F- (O OOa? ,: ol cc()N ro olr)F- (') F- (\lN-F N ! (EA-E-csu)-o.=oi9Eb oo:1 .!lc(!Y.:tLcxr--oo!'gEE66'P6066.Y.ro€tn-(,8*EeFt ='4cDe&=aor>,:-dd h>6.9P_E ! 5 ; 5F-E,^9--E\t otx ; o ,Po'* E E H ENu-(, ru J @ <) oN@ o o o lr,oF-!t (, o o al++oi @ d ct dt@@lr) (O (t A IF-Fc? F- F O @(,-N,j !! ii 0- U) Lr.ltFaloz oJTL F LL a Y(J()zl-Et!t!FTE() <icatrY E 9AE= Egs8=?, oYz+:LL099fi9@E=9z d o o-l ;2 2.H:d= ) z 6J zo F z ciz q o. UJoo = Fztr:, l,lJoa0o=of<z zIFo- .Eooulo Fz =o = Jo-Io IEoazqJ orao: =i EER9Eorr-OI.r l! L,-EE.._<5?=trtr = @RN-li:o^RdNOF(OQOI@\cqqqq'.|orll(ooo(\tF-Ol@Otc)ro@N, \ '-: 6l (o- o-(9F(\lAlF (vNol o rtt\t rJ, (o F-@ @@@ @ @@@ @ @ @o ooo o ooo o a oF- F- F- F- F. F- t- l.- F F- F-r,, rnr,,lr) rr) loloro r, (, rJ)(r) (,)(9(r) (r, (,e)o (r) (') (9 = a a o. @(o@@ooooN(\rar(\r_-nhNhg(\1 (\I (\I 6I ^-N N N NliaoooioIE utJ FoF @@ooAINAI AINNNNoo@o6JNqE o)OFol 6(.) I9gg o-o o Iddd e)oJo a t'.- SSg EEg o N Pe 8gg I 833 3 I I6 EEE E 55b 3 I 3- Ellll N @@@ (, F o oaa o o oo ooo o o oo @@(! (\l o ao (o@@ t o o(\t oroo o, o (\t: 66;6; '4 qq'4 '4 ol qO o)O,(D O Fn O, d)o ooro @ oor(9 c) !t {(\r ororo o ooo o o o- --r r --a ': ': ': o ooo o ooo o a a tr LIJFz uJo-J -- -<5qi6 ; - znlF E H=I A oro- LL HEO + =OFF)= RBEH gg EEEE -EE E:ee .E66 2 6ooo ?< c c 6 Is lItI € F8e E E3 !":"! s qEE € s EE EEE fr 2E€ F E .E'a 222 P EI- - .!, F* EEE s tSS I = Ea rrrrtr r0 ro55 > F co l'- OOO F Og(o O ol @\ qqq q qqq q q '4F @@@ @ @@F O N t@ OOO @ -ON d) rr, (O(\r r.- c) r.- --3 . & 3 YFE,OouJB= UAZtr Fr! =trEZtLoaak=>oot- og CEsao-za otL+9l-a(LO<-u)a aq o. t!o6 z itrlol>l<lY'EouJr! toI>olzot! uJza FZE, =r ulo@o=of<z zoFg Eoo IIJo Fzfo = Jo.Lo EoozUJ o,ao: =Q 8.ft aEadu-OI.rl!()-GE.-<5?=trtr = oYoulI() - (E uJ o-@o@oci otONNooc9oolr)oOF-OOOF.OOciN-cjtr)rJ)rooFcn(ooFIzlllol=l<l FNN('\t\t\t(r@o oo o, ooo o oo oo o ooo o ot- F- F- F. t. F. F- F- F-rJ) rJ) ra) lr) (, rl) ut (, lr)(' (Y) €, c) <r) (, (?, (t ooooNo,COoN@@or.r(,@@ol ol oocc oo P N g o{ p 333 P .oor s 6 @ =d = QqQ 6 =& 5 e R 3E $ EEE B go(')c)o YtrouJuJ t0I>ofz UJoo z Fztr =r uJo@o=of<z @@ ! o == p (n. :ii 6 € p6 ?? P -E C EE 55 ,? E E 9l,oEz-tg.!9(!oNoo>-J-r6:@OF\.,E r FA = Q a ;o _: cc I o2 e ;; E I S e Pg e 6-a, E E d P P3 3 EE 9 E-E 3 3E E SS P ficg E EI g oooo 9 S,iE I Ia o oo o ooco o oo o oo o oo(o o 6- o dd ci ddd oi 6iro o F-N o @(\t- r\ 6(0 (,, \t \t o oooo ooo6r ooo@ ooo(D (! Or Olq? q ,rl ul - @@@ot titoooo': r':': a ooo z d ooF_z< tJ =>>o-<=YOJTUda+u ^<=<>i opoi3<.;i3i=_ol!ccoodlA 6-9,89>o- oF-OF-ciN F Cr, zoFo.EooUJo Fzlo = oooo(\l (\taorJ, rooi ('i oo': ': oo o o o o oo(.) o o (' ooQ N c) O OON a) @ 6t OOo o o o oo)tr) Ln tr, ro loloN t (, c) o) (Do N o { r\to o o o oo o o o o oo 9?rJJ Ib a *rro<lEI<Nz-Nuzi8E6Sf .?9'o_ul'1 2\, 6 88ig =-<.5G?Ys-=at?i,-o=fi E EI E d< a gr O < Ja.Lotroozul o)o: =io:3 E.fi aEadrr-OI.r1U(J-.ECE.-<5?= lEE = 60slc] 0:ici (\i .9(D(.ix(9N -s G) P(\t@ao6oo(D N-(Oalt\l(OFlC-rOSrlOFr\OOOP(,TONN;Ntt(\to6lrl)NOFCr-O(DF!'O oNt-looooe)oF-rnzlqqqqa?c\':lloF.OOc)c)G,Parlo6r@oFo=l F t- (., N (.) (\l (9 Ftl ^. 'jrEI E E B E E P P EE lrrl r,- N N F\ t- F- F- t-5=l s 3 3 3 3 3 3 tszl oooooooo(')oooo(\roooo6l(.)NoooOO)O(\|F-O)u?q?qqu?'r?(tFFCD('rt(9(,r(9rtoooooo oooooo tq o. LIJ(,) o z I q .ii o N c;I ': o oz Ui TEoaat! tr Faur EIFloo .=@(! d)o. c,@.r(r@.6Eoq,P5E99;cc'Gqe=t6(DG 80€$o€o (!0iD(rl2E r..,@o-a?qFONo@c)F(9(\l IDSo !t.-d(JFo()c)EoO.@Y.9a/,\2-6 6-O =.4=Go-c?'ic(,3e3EcOcE.9c.94l,Glthtl>o->o-o(rot-o(rot.ctei<'id(DFol c). ol (t oo-,o- uJ<=CE t!o5(,2ZzoO: fi H; ilg 6.- n * I :; =-rl I s E d tE uJ() J O (J trO >6 -uJ E O 6< ;6 2 0 rr-i gii < E ; oo =< o (L o_ = o o@$co@<[5FE (DGgE,(!0o-dp-ccol (D.4tr .o-(rO oo(,o NC;(\l (ost- (t F. ooooo)NO'ao ct) riAo6oo ri-oo oJJozoJ5dl(r uJFaU_A-l- lrlooi^>iit\Ul>adl ")YY zIFgtrooulo Fzfo = Fza, =uJo@o=of<z Jo.oo CEooz IIJ ol(o<t -ci*zoYc= ElTTH -uE";u- (II.rUi9:-EEE-,- < =2=9<EE = oY C)uII()outFz Eo- o-qNt--F.oqot(\t-(t oY(JUJ-ooUJFz Eo.J FoF <00olqt- o,=lEflogl e<lxfl I 55555 3 II!l0I E EEEEE E E6=1 3 3s333 3 3zl @@@(o.o <\f T.I (r) G' G' (Jooooo o)AtNOtOl (\t (oF (\l !t(9(Y)('r('ro @ @(r)o('r('r('r@oc)(Y,(Dc)<r) (\l Nooooo, (r N ooo@F-F-@cO t>NN>> ,*OFF<)Ow'iiiiiiiir Eooooo i:oooroo9(L(L(L(L(L > F O O@N@O Oz 9 q\qqc? c:foNl'r)c)ro('ctO 9 6JrnF('F (\l = oooooooo ooooo oAr ooooo o@ OOOOO F-o N$l (\totol o)r, lororororo (o('i --ei-ei ((t(\ltt(DtdrNo ooaoo o- ':':':': - ': o ooooo o q) cG q) '6 o) .-_D oq 6l6lct @ @aNo .9 .9 EEoob !s€ o.s E o UJoo z zoFctroo LIJo Jo.ac!trooz UJ Fztr] IJJooo=of<z ooooct) oi o': o z tr (r o- CEooo lrJ =J z(E uJFal!3 9 o s! ii ) ouJ oY(ro3-5 I!-o)loolE(Lo JIJJ anoFo IJJ)Z.FO-a) o@: =9o-3 E.fi a9EauOI.r l! C,-EG.,- < =2=rJ< EE = oYo UJEooulF =(r o. o,@@(nF.F @ N F: @\ o-N(r,(! t-i-t-o@_ F-ro6 NoUIFzI!EFa o'<uJ =6Qx I J Qtr - IriccEd S 6lll tLJ , .\ ir tl,lZENd ts E3;f f b :iiss E Eoooo O tr (o@o)(,d<tot-N ro (', (\l(9_ @- @- o.@@(r@': {.oooqqqu?lr)ooNooJ(t_ rt-Ol. or$oriN(\r(Y,(9ddd+o)N(tolro- N- ao- @o) F. <tt-(\l o\tooaa?qqF.OOO s- F- <,F(o @ 6Jru< zO aa'O_YoulIo >JJ<El-<oulF YoulIo J FoF tuE = o.o<l =iYe-fFR9Earr-OI.rl!9-EE.-< =i=oaE(r B oz:)l! dl o. o UJ CE = n a N 0- Yz d) aI C!oNtr) IJJ =z atooz IJJ Y TEIo uJlr! 6lr=lollzl 6,o:zi EFR9Earr-OI.r l! L)-G!E.-< E?=trtr = FLJo6 =o)8:oEcE= =-Yitr (,(uE Eoo (EE. trc)c 6=o. T-SpE Q 6ltl SoE stX .Eg ci+ -o *- z. oc -2 8E fr Es >T! t)g 8E P SP EE E E = od' o h dr- ^r --: -g ai ? Et *: E Hg; i5 od F--.9 .'o eN E 3g: fiI : BE:e =E 3 eiE ;f E EEO 4E O. lt -.* sA E tHI P€ I Sd =@ E <,'t i;: :- o I crEN Ea E =539 H5 I bb EE E* E:e:eEE 8e = EE3E'o'E 6 tE;E =-r E ;6i =E =E tr @ooad oLa! =r-o(!IttroE" oc oo P, (-) = f\S o9'; ?\2 6.q b.EvXEDFs &,(Jo= :O.!i9rE E EgxeE,:riEraEhloOo EEE€i9EZ,flf;i' HT OFLT \IJ\e-)(N $ Fz IIJ =t c uJo trDo IIJt IJJoz z lJ. FEoL IJJE ITL Fo =a=IIJP=a(\rAffi==ffiE=ME CJ A!r[.oEtso-,? c\t c.r,lll=EO=duJ==trc' c, n ai (5o oo(l) ol-TLU-o(!c =i !!=jg>6a'"ts-cc,9 P=t> 8iqE I: >ioB5 eo95E* E9Eao- o-.E- *=o;oEOoE >Eo.= iEOY:oov-c (E EBHo6,^qtsE -ll:EsE d)3.o pEor!! o(E -a il9EE3fHtEt -*z cl--E,r = E5E:p _o>.-(E -Oo ri(!_Q 6.g6(! !l (EE_t! (U =ya9(5ts,=d € ilEdr":co!x -E 3:5v c-c €.e::,4 cE E q)(g9-(E EEEEE (Etu;-E-;;o89ii;o) €;€€ SdEi i'aEHE6 EJ4i E a5 +lon c,G.Z ^luE: =ERHino;{sr =trEAF< =z=(rE = raoqu?@@F(o(O t-(rt o;(,@@@@@oooqas!\tt(9NNNooo(D@lt) ooq IJ'l!,o @oNo ro (,61 (\toooocq(, (, oo oooooo(')(9(9(,(r,(oto ra) (, ro (, lr)NF.F.F.F.F.(rro(?r('r(9(Y,N(\I(\IOlC\N6c)(,(t(,(9(t =@@(o(o@@6000000-' NOI 6l N Al Ol@@ :i o o o o o oq)o i^ @ @ @ @ @ @(e (e x, F@F@F@F@F.oF@@ @ = o t- o F- o F- o N o i.- o F-@ @ aI. Ol (O OJ (O Ol (O Al @ N (o N @ @@@@ oooooaaot,&8,8,-@9 E F F FNh:666600 -U'U'; b b b E 8,8, ;(!ct6(!GC'.cr+X(J()(Jo(J(J Eiiiiiiii.9.q!2oorDri=!:-MCC(r(rtrEE d3,oool,,oo+3N!QcoooJOO-oO-oE EEIE EId(E(EF(!: 9*9+ i+uJ lr)(/)@(/) r- (, o oooo oo c\l Q o o o o oO OOOO OO @ lO F- O) F rON OOOO OO N F N@ aooo oo o o o o o o oo oooo oo o o o o o o ou? qolo?o: ol o) q q '4 ,4 14 nl qo aooo oo o o o o o o oo oooo oo o o o o o o oO FFFF N C! Ol (\l N N OIo ooocD oo o o o) o) cD o) o)ri riddd rid d d 6 d rt d d(o r.o Lo lr) ro ul ro ro lr) (o ro ll) ro rr,ooooQooooooooo z Etr IIJzotsJ-t!<)=tL r! iOo 66> E.a cE J =ao oz U)trtuzFE (! CEt! Boo- u)>EZr.u <uJgzzoHzvru9 _J F-ro>5!! r!d=()06zg @6t@<.to)r-o)F--o) o@oFtt\tC!C!(Y) @@lr)ro - @@\l{ - (O (O F- F-@ o, o) o) o)o) (, c) (, (, s 9qaq) $F o F- F o N (r \t(r, o(,oo) ('o) l.r) o si o ol (t o,L. ciN-d +<.j d + @ - d F- <,io)t\l(,StOF(OO)-f-F<,@F- (r- lf)_ \t- N- (,- (' N- F-- @- $ :t- rO- O) l'- (, O) (, (' O) C, - F @(9C9-$NN (\lNoJ(\(o(o@(o(o@(o(o NN@@@@ (o@(o@@@oJ(\lAt(\lNOl(o@@(o@(o(o@@(o@@IIJ EI NgEI H=lzl o E ii 0_ ao o- t!oo z zo Fg CEoo UJo Fzfo = Fzfo=HHI-l Fztr =l uJo6o=of<z Jcoo (Eooz UJ nto c,GZ-UI .E:lsRHiaa..flr =EEfiF< ===EE = Fl r- Izr o _fl <', :or g d=lEl 3 t,!El (0 (o @ .o @ .o (o @ (0 (0 @ (o <0 (o :,Y l Ol N 6l N N (\l N N Ol Ol Ol Ol Ol (\l==t (o (o <0 @ @ @ @ @ @ (o @ @ @ @3=l (o (o <0 @ @ @ (o @ (o (o @ (o (o (ollzl = n o @oEotocllu ruZA oooooooooooooo(')o(t(ro('r(,(9o(,(,('('(,ro tr) l.) r.r, lr) (, ro (, (, lr) rr, rr, lr, (oF. F. F. N F. F- F. i. F. F. F. F. F. F.o o o (., (.) (t (, (9 (, (t (r, (t (Y, (9N (\t 6t N N (\t Ot 6t (\t 6i At (\r (\l N(t (, (', c) (, (, (t (t (r, (r, o o (', ('@(o(o@@(o@@(o@@@(o@ooooooooooooooN(\IOJ OI AIN N (\I (\J N N(\1 (\INoooooooooooooo@ @ @ co d, @ @ @ @ @ @ @ @ @F@ F @FerFerF aO F@F@F@ - @-@r@r@F@Felo F- o F- o F- Q N O r.- O F. O N O F- O F- O t- O F- O F- OF. O NN @ 6l @ 6r @ N (o <\t @ r\l (o (\t (o (\t (o oJ @ N (o (\t @ ot @ N (o (\l (o F. (', F (Cr @ O) @ (, tO tr, F- @ @ C,q \ a?': a q ol q q q ol ol u?,: O t. c) (, rO (, F (1, F c, tO { O) $N(O'(rtAlO(OFN<F-(9(O@(\.NC,(O@(O(9d.j'(\iC\i+,jrjdoi6l o (Y, .<to- ao o. tuo6 z zoF(L .E(,)o uJo FzloE F- l- l'- @ (O (O i+{-FFNoooooooooaao@@gg3,o.o@.o@oB,gg oo666oooooo666S$a E E gggg$$a E Eo G (! (! (! G' (! (! Cl G O an a! anood6doooooodddEEEEESEEEEsEEE ==ooo=zz=4=oo(D:!tr(rIr!!!!!!(f(r(r oooooooQooooooF- O) |'r.) F. (') ll) F- @ F $ O) u) F- O'NOrooaoooooooooooooooooooooooooLO rJ' lr) rO lt) L) ro Lo ln lr, l..) lr) r, Loctcjcjaooooooooocjooaaoooooooooo6l Al N 6l N Ot (\1 (\J Ol <\l C\l Ot <\l No)q)oooroooooooooutdridddddddddddro ro tr) (r) ro l.r) ro rJ) L, ro ro tr) ro ra)oooooooooooooQ a zIroLL = Fztr =t LlJooo=of<z Jo-LotroozuJ ttton c,EZ-UJE: XHRxU,d.!st EtrEfiF< =e=Ett = o UJE = o-o@c)oOF-rOd)dddc;(\lFOrAlor- N. o. @-t-o)tlol (\l @ (o(\lP-@@@@ o, oo(' ooOJNNN N NN (r)(')(o@@@ @ @@ @@@@@@ @ @@ @@@oNNo@@@@olNoooocq oo @@.o@@@@ P R R == (.) (,ee 5 6 855 (9 (9 IEEE EE HH BO O O -@P(O OtS SE 5U RgRg + o- @(oF-F-c|c'F.FF-F-F-F-$$@@tr)rar<0<ooo F. F- t- t-ooro|o oc)e)(,F-F- NOI (\l (\t @lr(oSSSs,"?e E E E e= ? IEE R E E- ;i @ S .b ae EuEu ts EE ?€ Eip F:F: f f,E FE EE iEi 9E3E PEE FF ?E EgE EEEE fi .5-E E.E E E .E oo oooo o oo oo o o oN l'- OOOO 6 @lO lJ) C, (, tt Ooooo oroo oooo o oo oo o o looo oooo o oo oo o o oloro o)ooo ro l'l.,lo lo(o ro lo l'l)oo ci ci ci ci ci cio oo o ci cioo oooo o oo oo o o o6l ol ot ol 61 61 (\l ol (\t oo) o) ol ol ol ol ol ol ol ol o) o) ol olro (r) (r,tr)rr)(, ro tr)tr) tr)(o (r, r, tr)rl, r..) tr) rr, ro ro ro lo rt) rI. rJ, ra, ro ll)oo oooo o oo oo o o o 5 a o- (Lf,o CEoxJmo)) oa z(roLL o o(rt!z tr,, TLoFz UJ F(r LrJoaf z(EoTL =IFztu-o5 E)@,\JY< => zoaou.l) ooa o)J U)latuJ t_oLLaz (rFouJ = t@ ol@(o@oAIo@@@@F- t-61 6l@@@@Fzo=UJEcuJ=g3z @oN(\(\Jooc\roN(\lo@oNotoot! uJ3a *q o- UJo6 z Fze,luJo@o=of<z OO O@O@ @ O(, o,F ro (\l OOO O(,Od) @ @F l'- r, F. (' Ooo +d+6 d ('i+ cid F- ; ci@@ oooo n c)@ a)@ of-F O@O@ o) NO (l)t F-- d otddd ei oi oi ?o tc-(O (O L) L, (, F' (t (\lF(1lr)- (,) zo gtroo LIJo Fz o = Jo.oo IEooz UJ ttu)rt citz-!JTE: =HRXQd*!9-,-go+EE;F< ===trE = oIIJ E = o-Fl O F- O Ozlqqc9fl o \t o Nltl o (\t r, (9El - @- (\r- o-El P 3 - $utiEl (, a) t (o ro roE-Et 3 3 3 I E8==l @ @ (o @ (o (o3lzl Eo E3-PP E- P. g EEE EE; FSSEBB;;5 EIf EEEEEE3iEE3 3 5 = g8 a55f 5lrE55 c\t (\l o o o oooooooooo@ @ o @ r, oooooooooo(\l-POOOOO@NUTOOo o (o o o ooooo<o(o@ooo o o, Q aa ollJ)\tollrro)ororolol'r? u? u? q? q5 'rI'Q'Qq'4'4q,4qqO O O o o- OOOOOOOOOOo o o o oAr oooooooooo6r N (\r (\ (\N OOOOOOOO-No) o, o) q) q,F o)o)o)o)o)o)(D(D(D(Dri rt ui d rid dddddddrtrtr;(, (o (o rr, tr,tr, rJ)(ororororJ)lr)(,rJ)rno o o o oo oooQoooooo e E LIJk cco(! ooYz d)al F>ZFlrJ =6gtr)1t!e8p 624>J ) IL={u UE iHi(r ,.(r 9E =5 i= 8? @@@@@@@@@@(r(r(t(to(r)(9(,('o@@@(o@@@@@@@@(o(o@@@@@@@oNNNo@@OJNNNot otNNoooNNc\rNo,BZA @@crF9^(\l C\l 9! OOOF'PFFNNN N !! rO rn lo Ut U)[r)tr) rO rO rOP R I @ @.o FFFXXXFXXFE E I E EE &&&&&&&&&& otot6lNololN(\tAtAruJ uJ ; o- o- o- @ o o o oo @a()o(9F.o@rt@= o o o oa oF(9Fo()ooc)o,d + a <'i do oioiN'jeoi cid6i-\| @ rj) @ ttO tq)o)@O6lO-F.(DQ- r.(,- (\l tt- (,- o- d) N_ @ F @- ro_ 6lO $ lto F e)rr, l.., t. @ -ol aq o. LIJo o z Fztr =I IJJooo=(rf<z zIFcEooIIJo Fz3o = Jo.Iotro6zUJ to otZ-UJCE:lsRHqa€Hx =EE;F< ===trtr = ouIE = (!o@cr(Dot.o(o(reroo)ddF-+at(96loljrAl(oF- O' st- (o- F-OIF? (\l(o (o (o (o (o (o (o (o F- @'-: o o(.' (.t (.t (,) (.) (,) C' C) (t (t C) I \l\l@(o(o@@(o(o@ (o (o @ @ <0@@<0<o@(o(o(o(o @ @ (o (o @@ ol or(Yrntlltro@ = ^r! ro r.o u, ut rlt r,tt r,o ^N 6lt-t-Nt-FF-t-F- @ N .ll ao aoF ft O) PPOlOlNOl 61 6l Ol Ol F O (, O(\ototNolol (\lNol ot o c, @ (roOlOlOlNOlNOlOl N @ F O F(\lO F (\l @ OO a oaO -Fo ooo oo^ (\t (o@5 ''ll '/l ''ll- o ooor o oo6l O FN- ol qol(o ro rD rou) ro ro roo o oo oooooooooooooQoolJ) oOOOOOT-<OL)lJ)ooooo@@<o (o61 61 6toltoo)o) o) ^ut r,n rlt () (o (t r, ut lr) -;d;<i<i66q; J Ioooooooo o o6rnooooroo o o@@oooooo o Nddriridddd d dlr)lr)rol.)rorolJ)tr)tr)rooQQOOOOOOO c; e N z o- 9aIf UJb=-5HluuJo<==;,v-; tlJ f L otL= uJfi "u 33 d 3> 9 o5 E o<=a<LLg) L!F CEo0-EooYz (Ilal Fz,o=r.rl 0:lE r,rl=g,z @oOJN6Jo@@@@@ooooo(\rNNa\tothbbb6OIOJCVNAINNNNdoooooo.]uutE)63 +o o. @ Ec>Q_? E EP'6 c tE G>. EEO ; > o'{ ;a g€,A i g f = ePo- a/t - to od : =d5 E; 3 E B EE 9-o*abYilg < E 6 6 66E9E3Eg8€ I .E E E EEocn-(, f=d)() < uJ cE o- o- o- .oAr(oc)cooo(o @ d, o, o (', \taDaDrat(od)oo(ororr(taDlr)\fr.i!Nddctcrd ci F 'j + +oit o)@@6lcr(o 6l o rr, (\l <" al,-:(, o o, t- @- F--&= :- LIJ(,) o z Fze, =I IJJooo=of<z zo Fo.trool!o Fzlo = Jo.Io .Eooz UJ lo c,rrz-UJE: =HRd(,,d.!sx ETEEfiF< =e=E CE = o uJ E = i\qF-loN-(t-F-qoo-oilllol=l<l @5-^Qo:q uJ:iEoBJFoF utEl (\r (\l NgEl E E Eflzl JJJ(L(L(!trtrtrJJJfff I@@@ bab6ba ot!ot!auJ t- F- t-oooccc(!GG (ocr@ooo @oooooii ii iiooo oo@o-(L(L zoFo-troolllo Fzfo = o@@orl)ooid+@tNO- - F-- ooooooooo(o (o <0(, rr, lr,ci ci c;oooao6tqr@@rt ri uiooo oouJ)t!tr =zoN CEt! Fze. =l uJot0o=of<z Jo-Iotrooz UJ c, Nt o- ro<t CJGz-UJ.E: X -'aE9d€sx EtrEfiF<ie= IE IE = oul E = gAOPooo;:+!oto -dot(\lN (9 !t roloroloot ol 6t N N (\tNolold) d) (Y) c) c) (,r(,)(,)('ro r,, ro ro ll., rJ, r/) rn lt)@@@@@cl=|r| iii e 0 o o oE= N N OI (\I (\I<)^bbbbDd rl, !- F_2 N N N d Noooooe?o - Ol Ol Ol (O r..) F- l'.ro (, ttt\trt tt rt !t P o oo.o (, l.,rnrj,rJ,() lorolo @ (o @@(\t (\t (\t At (\l ol ol ol ol (\t ot 6t (\t otao ooooo ooo o o oo- ao ooooo ooo o o oo+ oo ooooo ooo o o ooo ri) lr) ro r,) ro ro lo L) (o (, r.., (, ro lo:. (,llo ll) r,, ro ro ro lo L, (, r,, rl) ro loc. oo ooooo oao o o oo OOOOO OOO O o OOOOooooo ooo o ; ooooooooo ooo ro - ooooooooo ooo (o o ooooooooo, r.- F- F- o) o oooo,4 ,4 ,/l ,4 '11 '4 '4 q 'r? q o? ol ol o?ooooo ooo o o ooooooooo ooo o Q oooot<'.<lt(\l -FF c) F@@@@@ @@@ o o, orororodddLrtLrt duiri d d dddrira) rJ, ra, rJ, r,, ro (o r,n u) tr, r.() rn lD lr)ooooo ooo o o oooo (o F-1qo(,tt (9c)ooool ol 6tolNolot(9C) (.r('(?(,)(9lolr) r,, rJ, l,) ro u)Fzo=YEouruJ a0E=(J=lz Fztr =uJo6o=of<z For@@o)o)Fat(t F (\l (\ C\ <\lF 6 (\l (\ C\l <\lo \t (, (, ro rJ) N(?'O(Ot-@o) o) o) tu t!JJo- o-trtrJJll ==tt F- O F- Cr, C, -OI(9(r)o)@@oooNOI Nd)tttNOt No)o)o)o)!t@@@@ UJoo z coE. o o,c ot I srrrrrl. ot; a 5 i i-arar a,nrnrnr6 eHH e A 8 38 99 +9999 5bb E < i31 3966 66666 4'99 -d L 8o;tsts99 99999 666 3 0 isggG G (E (o (! (U (U (l' 6 (1' v rt >l:.- ,E€ E€EE: 333 S t 9sBts= 6!^OE (U G' (l (o O O O Ct O 2 O i6 OdldEI I-III OOO O (/) =(/)i:r.O) F- (, \l rJ, (O F. OOO O O O\tOOqa? q': c? vl': qqq q c qqqqt- (t OTo)OTOO \i F- F\ F \l @O@@F- (O (, Ol loc)@ F|'r)(O O F. OF@ON NFa)F ra c)- F.- c,- F-- F @FQF-F (')_ a nn .(LqE ocE =E35FtLG625EEgtri ;*zJ\JOd9E ra BE oooo E oo LIJ(r Eot Iz azIo d)J ooOQaooooo oooo @@ '.i doo aut =CElr.ta Eot!(EoFoo-luot! oI zIFo. Eoo UJo Fzfo = Jo.oo Eoc!z UJ €!o citz-UJE=lrRHe,;.!flx =(EEfiF< =e=EE = (oo!oodt('t:C)t-:(\l (\IIr- s- po-oo@odc;otQ(oo-F. F- @ q)OTCDo)o)OT(D(D O(\l N N NOTOIOIOt(\tOJO/ (''d) (9 o a)(9c)c)o(9c)(,, (')rJ, ln r/) lr) u) ro (o tr, ro ro (, rJ,@@oo(\lNONAI AiAI AIao ort!lsfo =: E E O 88EE88ge PFra)Ft\laoaO\t\ttrf-F(\l ON X X F @@(\l 6l+S(\lN (\lN NN F. F-F-FFFFCICD (\l(, oF @ @ F (.)(rrtv\t{,{,t o @@ooEEooNNNNoo t'. F. c) O@@OrOroloto@ol (\t (\l oloooooooocqccro (, ro rJ)rJ) ro ro (,oaoo EEI E EEHll n **@@g-0 F H6'sSSoo tq4 o@@NdiAiF.Fzfo= UJoo z FZE =r uJoroo=of<z @!rXo gE r.E5 E E E -6- o o (o F!8 = E e FEE 3 a H = I*O q' q, < | F o.qa E s 5 $ e t P E E EE gE € FIFUqIET Ef =E E E E E*E*P* Ef E* E6 A A € T*I*B*B* Eo < o o o o o(/)o(/)<o<o o o @F- o o o otoF-ooo6r oq? \C\I q q q qut9ot\o?q'4 cO $() (\l @ O OJ lO t Ol F- e) (O l(, (Dst tD- tl @ O e)stOtOlaOsf F- t-tr)_ - F t c)_ rO- P ol- F (r- (\1 6l- 6l-$-(\lFt zoFo. .E(,)oqJo Fz =o = Jo.Lo TEoozu'l ci Na o oo o o o oooooooo (\ro Qo o o o oooooooo oo ra) rJ) 6l N o oooooooo F-o <o <0 @ @ o oooooooo @o oo) o, o o oooooooo cno) 14 '4 q ,/l ol ol ol o? o? ol ol ol ol '4o oo o o o oooooooo oo oo o o o oooooooo o- OO t \i O ooaAAOOO olo oo @ @ o (o@@@@@@@ F-d dd d d ri r;riddridrid d(o (o ro tr, lJ) lr) r..,rr,roro(olol'l)tr) tr,o oo o a o oooooooo o oIz toaFtr uJd)J o-E,-oU) IJE8doPg ;E<ZuJ{Lu = aEE3 AAol* > rJJ2Aa-= o- CEo (E uJ CEoLLaZE<uJ{z<g =>afiE(r>o nlon oEZ-tuJcE =HRXU,d.!sx trtrE;iF< ===.Et = @9o-d:("-E o-@N(\l(\J6Jo@@@ooo6INNNdNN(\I (\lNNNooo@@@ooot! (v (vNNNEE$ot At (\looo ro@r,'4 '4 e?t\toroL)lr)F- o. o-F9@FlstA(\rzt q I o!fl o o c).rl ro c,=l ^-.<l F N c) \t \l r.() @ t. i- f- F.(') a) c) (r (9 (v) (i) o a)(9oc) (, o c) c) (r) (r) c) c, e, (r,(o lr) ro r, (o to u) ro (ooroooN(\loooocq rJ) (ooo @ F (E, 6 ao F- \I F. F t|' (o F P Fr F. F' F.6l (\ ot @ @ ol (\l (') (9(?(,)F (, (\l tl si 61 6l lo lr)rornA@CrF-oC,F YEo r.rlIIJ @E=()=lzot! L!3B UJ9 z Fztr] IJJ 8gof<z Ij-8 eEEES!.EEeEEooolr=.=srs)(.t('i'E O Ct '!:E a EP d d E E*o:u-oo(,(,! z q6 E n E Ee 5 * 2 6 6 o .o-P * I 6 E P P 5 !}!-s=at=o@o@: E E E€ E P ?E;E5 = I 6 = .9 .9 E eEa'E(J(,,\-l/),,Clgclgo Gl , +f t2 1l o(!@(nL ID () > S O O O OOO \t o ol 6l (9 @ rn o oo@6r o o) c, F- rn (t o 6lo@ci cj ('i d n + ('i c.i ('i++ro (r o t ro ro o oroo@-(t@c)(.rNN+doi'j zo Fo. Eoot!o Fzfo = Jo-Iotrooz UJ or o o N (\r o oooo a o o o o oooF- Q O t. F- O OOO(o o o @ @ o oooot o o o o o, o) (D o)(o lr, lr, ro ro tr) Lo rJ, rod o o o o o dddo o o o o o ooool :l I ol N o oooN @ @ r.- F- @ @@@d d 6 d d d dddro lJ) l., (t l. ro r,n ul (,o o o o o o ooo oo@ oooo? o ooooo)l'l.,cio @ui o UJ =s .6al k CE (L o- 3oJl!Yo-<(J6() o N E g d oz-FouiJ () r cdO=(E>r-i 6O2m^qtxU)oHr2^o! Ha *P 5'"G frN *D 3?() +uJ 'r I UJI5., =E _E i 3E6=8Etrgc!>F F tott citZ-UJE:ira o- 91 @.u!9-r-!o+r!aE;iF<iz.= .E IE = oYot!Io- CE UI o-ot@(o = a -6 troF uJJt!cLfEYz LIJu) -.9t?oFO OnF-6e)(Dctdr-!t t'- F-ci (o c)dJ'-:@ ocDo, o oo oC)(, tl i(') c)ero a) d)ro l,) rJ, rJ, lo 1r)co5$o!]YN3"-ot!E IJJJ FoF @@oos! !!6lN6rNNNoo@@or otooooqqlorolorooo 33ccO(EccooccI aE :fE HEx g gE ri: s B; trhE 6 BE ?Qg E EI )ea _e -9o- Oll, r! ur a ooo o oo ooo o ool ooo o o@ ooo o oo)(\tN6loro,4 ,4'4'4 'r't '.'?o ooo o oo ooo o o(\IFFF{stO)F-F-t-C,@r; ri ri ri 'ri dra, lorrr, ()loo ooo o o Ytro;EuJ ix6z!!o-<ztrFl; u, zZ7ElH= .!) ruo !zoa Fz,o=YEo r.rlul@a=ol2 @@o) (DtJ)oor@CrFlr)rrrr@@(, FFF a) O(o lo(,ro o o- @@@ O O(ootNN(rro .rllJ utZA UJ(,) o z Fze, =) uJooo=o=<z O tOO F- Oq qc\ ol qo (.)orJ) o t\t -N$ n d)(r-ra).F!lO) zIFo. Gooulo Fz =o = Jo-Io CEoozt! to cjf!z-UJE: XgaX(od.UHX E.E E,iF< ===Etr = oYou,t Iottr u, oqo @qorattt_o@<t-F. q oro- @ t-o i- i-- ra oulFzEo- -ulfio>oQi -J0636+bg0i663 Ho(rtr @qo\i-o@l-t- ol o)@- @ F.cF F-- (r- F- clJFS2o E; UJEo >JJ<.EF<oIIJ F YoUJ (,) J FoF UJ .E = 3a c,Gz^luaE: =sRHia";.!sr =trEg== EE = ozflI- o o- () u!.r EEcD=cq)'E o.EcE-o)o.=6EO!, EC0()3oo)E -L -!zs.c6 €3E EgI 6=O- e-O- -?t oG -(E N.. (sUJ t =-E eE t 6$ =e 2 Nsl 6; x ; iag-p$.o *-o if ^T 5: E HeE ;E Z REg *sggE,fr EI E P=: bN 5 EEfi Eg F EEE $S 8 EEd) c.,l -o o (E i-C (t) E E:AE ;:" f; ge .c Z-e * bb€ EE ; FFEP 5: ; .*fr Eo c \ c .9.9C (\! (! E '= == EE 5E € EE .eH grr g -' =E OE tr @ oNdEo r!E o(!tcoE'' o oo 6 o o .9E"oc, tr(! (E =o.!o [it s7 o o(, i5 ootr(! .El! 'aol! E c ; =oc oo Po !,cG@LF$ri=NO EF L:pf =..oou.Fl! iiF o caT&"tD(R*c) z LrJ =Ft I IJJo tftl, ]UEF !!oz z lJ. =?o=MP."-ffi==(-) dt =mH3M= FEotr ]UE IIIL Fo OtsIIJ=E\*oo) .r <a),-, I a-fll o &,-, O = --,-ul==t, ') d .UI aioo o XEfi5-oE(JsE =ii EE=oc:E,5u-ccl9 3=s 6.-t>3:qE I*:\oB5 Eo95E!E9Eeo- o-o6 _o:5 6(JEE >EEoE :(I)dv-c (E E,EE 9?r C::LrG' (!tt-(Eihr d)i! p lEa..Ya PeEtSfEtEt lLZ Eb9(tl+-E,i = E53ep 9 >* -Oo r((EQ6 .E66 EEH5PgP(EE, iE!l (E(D rd I -:ERb63 6! F oo'"oE=rc! E oo96EPEE E.= lE o- E.696glEo€X-c-o - .,:!€crE EEG6Eo-.!2oBE 5 Eg6 EJ4: E',e-: N -c,6ai= EErtrR itrE;:-OEE E3== .E = (!O)@OroqqF.OFo-AI(\lo)@Fl ozlofl ro:I PEEI E Hflzl t-o i'.9@*@@oo@@F:b 3 5 >5 5 5 5 5 5a ; o OEcD ib (l odt (o G (U (o c,.E O O 3s O O O O O; E g dfl s E E E e5fft5o (D 6 gY (! ct (, G (!o o- z o_ o_ z z z z zo q) o oo o o o o (,q q q qut q c q c ':lJ, F O Ost (, O rO @ (\6l rll F O@ F (D N (, (OCr. F o)- @- O)- (D- rO- (r- (r- 'aF- (\t F- F- ('' r' C.) F \lFNOAIdTF-atF,N(.)@ s)'zO =-E[+(J(JtlJ *r)Jiif (,(,!<tD,an.>9o-Yr!Lu>i =Otutudi;rSuJuJrrP*Frll.hNI H3 a a 3 I2-ul66:E8 :? = g : F :o'- Cl-*2 =ruOo-of,,o7n lLEoIJJ Ffr6o-9d)= t!o CEt!o J<otsazuIIJ J = lljztro= -uzao,'':i rL NU5 E oooooroooooddodd(rFOr<!(,@(9tr)(,lr)ot c.i 'rt d '-:o)c\oot@c\(Yr@@@@@@oooooEEEEE@(o(o(o(oEEEEEolNAt(\tNooooo@@@oooN(VN!f@@F(V(\loJ (\t otooo @ (o @o-oQo)F-<\t !? o) oC).^OtOo-:oo)N-1 OFN(9r!(\r OOOI'-@OOOOOO F (O (o@ @ (O @ (o @NOra) o o oo o o o o ocD (o o oo o o o o o,4 't? q u? '4 'i? I ,4 '4 n?o o o oo o o o o oo o o oo o o o o o@ (o (o (o@ @ @ <o @ @l.) lr) (o lr)rr, tr, tr, lr, tl) lr)<i d @ d@ @ @ @ @ <iro ro ro (olr) ra) lr) lr) ro l.r,o o o oo o o o o o @@o)t-O)@Or@o) o,@@ Jo- =.J f (D @@@ ol ootr) F t (\l 6l Oro t-_ o o olr, odr (o (o (o NTOFYiF.NF.F O IIJ F G' @ O) UJBZA FzG, =uJotoo=of<z aq o. UJo6 z zoFo. Eoot!o Fzfo = Jo.Iotrooz UJ $st ,- ciziz ?ErnEE*9 Ff;EH Ex?=\,.E E, = att UJar = Fl () o)zl F (\fl N r.-El * EEEI Prlzl@coooS Snc! c\t =hhEooB JFoF @t- N@o @ o t!o G c,z o)Nr-ot- odo) o@ oo oo(o @o zoFcEoo UJo Fzfo = o(rt!zL!FFZ tr>I lrJoor!<az:S Fztr] IJJol0o=of<z Jq. 2o Eoozl,tl $ot -ciziz 3=rH9EH: Ff;EH Ex?s\,E E, = e ii 0- 8:crq)N3'a!@t-o_@-@qN(\J@-o@NFl o ozl o ofl t a\rgl I e<l (O Ft. @ @ o|olO)OlOrOt AOt- F- F- r'- F- FFF-F-F-F- @@@ @(o (o @ @@@@(o@ @@(,F.@ @oF. F. oo Eo. Eoooo oo too-6l ooF@o)(o cio@rJ) <, o FIJJzoJE.o =o TEtrJzIJJoz YEouJIJJ lD-=(r=2o!! ut^Easo tcc lrJo6 = zIFc IE()outo Fz3oE Fzc. =l l,llo6o=of<z JGo c! .EoozIIJ F- O (Y)(Y)OOC)o) =>o, o @@a)a)olN F--(Ot'-F-F-@@OOlr)-N l.- FFFF(\l (\l \llr)or o \i\itgt\t oFro r, cc.9.9rr ; ; H -H -9 - o) o,i E H*HdES =Et t HEHEEE €Eo tOotO* !) EEo oan @[ @I 3 S83888 ** @OO('r(rF@-OOF@(\lF-F(96lFOO+ ci <o<'i6idt'io ddA F NF-c,rJ)tf. OO@ C, F- (, @(\l -- ,j oi o oo o a oooooo ooo oo a o oooooo ooo oo o o oooooo ol oro oo o o oooooo (o (o(\l F- F- O) (D (,)(DOT(,)o)OI O, O,14 q v? '4 ul ,4 ,r'l ,4 q'/l 'r'l q u?o oo o o oooooo ooo oo o o oooooo oo<0 @@ @ @ @@@@@(o (o (o(o ()ro ro lo lololo|l)ur(, rJ) rn@ @@ @ d (ci(ci@d<id <t <ilJ) (rlr) ro r.., ()()ror,,loul tr,tr,o oo o o oooooo oo avt -_, -rJZrI,ttF::u2=Y(r^--c(grx>o'62;===tri2nF.,d.>trEuj-6n=62$.835;EEH s Er i E $E = 69 i e E ===in?zE @@@oooEES\Iro rr, ,bNNNooora)lor,,FFF- F- F- t. l.-\t !t :l {sto o o ooo o o ooo o o ooo o o oo(ai d d <i <;ro (r lr) lr)v)o o a oo (o@@ooo6I (\I AIltt Ln l'l)NNNooof- PF(o rrtr,\t <.to oooooo ooq qq(o @@rn lo(oo oo tt (Do.9 .9eaotDoo (! (!33 Gr!oooo'4Co) (D AI OJ6l(,(o F.oo ) ElE IF. F-^ Ai ii -ul I .9dq oo, E)6 oqNo $N -cizizotrcP E=TR -utrU,d(trEu -'-orE E3== IE = oYouJIo =E UI o-l.-qF@toooqqqo?oo(Doe)(o@lo@- \i @- (\1.-!t(,ol c)c)c)(', t@@aocr@@@@@@@@@@ (o @@@@ @(o (o rn rnro(ornlr)!f{{!toooooooooooot qqqqa"i (E, (o (o (o-: (r)lr)roror oooo oooooooo9F.FC)F- F- 6l Ot :u. (tPEES F 8333 iAl (t (t (.) N N l.- t- F-!:!:i:!: F F- f- t- F- N(r,(l(D(? F (', (', d) (') Aoooo o orNorN N oooooooooooooo('Qoooooooo o ooao (\roooo N oooo (oNN(\tC\tOOOOOO),4 ,4 ,4 '4 't? ol ol ol ol qloooo Q Qooo ooooo o oaoo o@@@@ @ @@@<o @rn ro (, (, lr) lr)lr)loL) roddd@ @ @@@<o @ra) ro ro ro to tr)tr)toro (ooooo o oooo o FIzlflol=l<lY'EouJuJ a0I=()fz6uJ urz,a IJJ9o z Fze,luJ 8Eol<z (o@@c,ooooNN(\I 6Ii; 5 ;i iigF (\l (\t N-N N N Ntsoooo=ooo o!t \t \t Ja9e Gooo666 rrJ dd(Ci J OOO l-oF -9.:.oeck(/)dEJ._^o-j o9 3- Z> p Egpg,p * *g I ,iEEEE $ €g-E g c6 c6 c! c! c o- 6E_; AEE&& E *PE'.. O6- o- o- o- > >uJrL(/) c) ?N\lF- O OOOO O('rF-@(tOOOOOOtddNcj a aacid ct(\,lNNN rJ) Olr)\tO) (Ott r: N \t N_ <9 6t -911, E Nii autI TTt!aa o tr,F f,atL!Fz oz ooIE oYoz9yJ .!,(n=zV.\(r =L!36a96-_ o(.)-(L(Llaz oE a zoFg CE(,)o UJo Fzfo = Jo.oo .Eooz UJ N<?N -ci EErr ifif;;:-OEE E3== tr = oYouJroI(E UJ doIrl_oralqr F.Nr- @- N q @1t)- @ o- oo UJF2Eo. ut ao2o(5F.agd;i*EEEE 5zeJi3 Xootr o;<t-o)or- F.q F.lt) @-N @6 ro- @ o)- OJuJ <LFzO 0t'o-5 l,tlIo >JJ<EF<oI,IJ FYo UTto J FoF UJ TE = $N -ci6ai:i=HR_ukird [$Eu:-ortE =*?=vE tr = i U 0- oqo e fE6 P53 EE> -UJ+ hE $re (/'e_o E_- o-ct .= t- 7$ €E E-: oE o2 E.s Eb Ro t':e- ;; E&. 6c E = d= 5E 3E ES Ea i P ('H 6i(,-Err- t(o oai (\r .=5 sa EE (\t (E g-b tP EE ,fl E* ga : a8 ei "* 3o =I : 63 Er e EE@ Sj b g Eq ;fi e iH@ 5.* E p Ei ;E ! E;€ E8- + g e Y' iD -c o =p= E0J ir! ot cE d) cc .ut o oL Ef cD (EtrE (E! c .!2EE flr = H6 0 .lE = E$:.sE; E - =(J E o-d) F 6oN.dE(,l!=o o!,troE" oc, =oo 6 o o .9, E''otr c e .E3 T'tr =ll. o Eo od o a!.9lto ou o oo o !,oc G l! 'ao Ea! = otr:oo Fottra! o a! =gIla! otro- 00 oNtiNia! =l!olI- ii=F..o OFI!E IIlot)tN* Fz IJJ =u d UJo uDo IJJt IJJoz z lJ. FtroL IrJtr ILlr Fo =o=uJ=*t- t\- =U.I Gt =ffiE=tr7 C.) O !.L,lll- =>= =. Y'uJ==O==El== t' q> = 0- ooo fo -ll,Eo(Ec Eii I pp:gEE-c(!9 3=8Qao, o)ob 95 >. q)bo Io9bE! E9b d'o: ooc,(,)=o! 5*6OoE >Qs5g E(l)OUE (E =BHEE:!l!D._ o E EE9 .>o pEo!!o Q-ei"c,EEE(, t:- E'FlEor ==Ez Eb9(Es=ts _^-rtr ll rtr = E5EEpEt E s r*o= =-Oor{(!a3 .Eoo8eHE- oltr:.E6 €pE(6foEH69o 6> o h6co =*PEc:?t tr O(Do6E 9=.-r=Earloco.l2EgIHC)-c XE o E9E9oQ'"oo-.!2o) as E;g E B5 pa frotadlu EEEzP u;9l- sllo<o= 3"? l! FI2lllol=l<luJEl \r iEl l=glllzlollJ luEA @o.-So^(rl qrNEo3JFoF c{o N(' oo'==!! ccooEECL CL-9 -9oq, ooEOoq)E, E. at inE, T, ooqqoo@L,lr)- (r)- (LJ-Jtr u.lo LUtY od Fa UJEIF U) UJ(D zIFctoo IJJo Fzfo = tJILootrooz uJ ooooc\t 6t o) o)lr)lr)C!N(\tNoo a.i <riNNoo Fzt = IJJarmozol<z Npt 6otatvlll -FO E3Fzyd.9l-t-i<)<= d. 9E=o<o= 3"? l! o lrJr = E oqoor- oqo oo ci oqo o_ fLL FzuJo>ot! uttrItr=IIJ EEo-zuo@tro<FOoJIY8E Hsx 5rx=JBE E .tJru<LF>o FT-o UJEo >JJ<Et<oIII FYo UJIo J FoF UJ E. = N5rl2^ H=ttl4l =FcoIaEd(9N2-U.,;oI-tsia)6**fE=o<o= n?lt ozll! t0 o- o UJt RECEIVED MAR 0 I 2018 CIIY CLERl('S OFFICE STAFF REPORT CITY ADMINISTRATION DATE: TO: FROM: RE:City Administrator Determination of Consultants Required to File Annual Statements of Economic Interests (Form 7fi)) for Calendar Year 2Ol7 Recommendation A. Receive and file the attached repo( entitled "Consultants Required to File Statements of Fronomic lnterests (Form 700) Under the Vemon Conflict of Interest Code for Calendar Year 2017" in accordance with the requirements of the Califomia Political Reform Act and the Master Conflict of Interest Code for the City of Vemon and all City of Vemon agencies, boards, and commissions. Backsround Califomia's Political Reform Act requires certain Vemon employees, officials, and consultants to file Statements of Economic lnterests (Form 700). These filings are intended to increase governmental transparency by allowing the public to determine whether public ofhcials are making govemmental decisions that may impact their own economic interests. Califomia law also requires Vernon to have adopted a local conflict of interest code to designate those employees, officials, and consultants who make or participate in the making of decisions in which they may have a private financial interest. Vernon's Master Conflict of Interest Code provides the following filing requirements for consultants: "Consultants who fill a "designated position" must file in the same manner as a direct employee filling the same "designated position" would be required to file. With respect to consultants that do not fill a "designated position" listed herein, the City Administrator shall determine in writing if a particular consultant performs a range of duties requiring disclosure under this Code. The City Administrator's written determination shall include March 6,2018 Honorable Mayor and City Council Carlos R. Fandino Jr., City Administrator Originator: Lilia Hernandez, Executive Assistant t y Administrator Page I of 2 a description of the consultant's duties ard a statement of the disclosure required. A copy of that determination shall be filed with the City Clerk and a copy forwarded to the City Council." A copy of the City Administrator's written determination respecting consultants for calendar year 2Ol7 is attached. Based upon review by, and discussion with the respective Department Heads, City Attorney, and City Clerk, the determination lists the fourteen individuals that the City Administrator has concluded to be "consultants", a description of each consultant's duties, as well as the disclosure categories required for each consultant. Changes from the previous year's list of determinations include listing two consultants (Dave Davis and Kevin Sales) under the Public Works Department instead of the Health & Environmental Control Department, the deletion of SEACCA based on determination they are not required to file a Form 700, and deletions of those consultants no longer providing services to the City. There are no notable changes to the disclosure categories from the previous determination in 2016. The current determination is simply an updated review of 2016 consultants. Fiscal Imoact None. Attachment(s)l. Consultants Required to File Statements of Economic Interests (Form 700) Under the Vernon Conflict of lnterest Code for Calendar Year 2Ol7 Page 2 of 2 CONSULTANTS REOUIREDTO FILESTATEMENTS OF ECONOMIC INTERESTS (FORM 700) UNDER THE VERNON CONFLTCT OFTNTEREST CODE FOR CALENDAR YEAR 2017 Determination made by Carlos R. Fandino, Jr., City Administrator Background. City Council Resolution 2016-51 designates certain city employees as individuals required to file Statements of Economic lnterests (Form 700) with the City Clerk. Additionally, Resolution 2016-51 also states the following: Consultants who fill a "designated position" must file in the same manner as a direct employee filling the same "designated position" would be required to file. With respect to consultants that do not filla "designated position" listed herein, the City Administrator shall determine in writing if a particular consultant performs a range of duties requiring disclosure under this Code. The City Administrator's written determination shall include a description of the consultant's duties and a statement of the disclosure required. A copy of that determination shall be filed with the City Clerk and a copy forwarded to the City Council. Generally, consultants who perform the duties ol a government employee over a significant period of time, or who make or participate (without significant supervisory review) in the making of government decisions, may be required to f ile. Determination. After conferring with each respective Department Head and the City Attorney to review the duties performed by all consultants in 2017, the City Administrator determined that for calendar yeat 2017, the following consultants are the only non-city employees that must file a Form 700 with the Vernon City Clerk on or before April 2,2018. These consultants must file because they either fill a "designated position" or perform "a range ol duties requiring disclosure under this code." Such duties entail the making or participation in the making of governmental decisions which may loreseeably have a material effect on any financial interest. No consultants that work for the Police department are required to file a Form 700. Name Company Reasons lor decision that Statement of Economic lnterests must be filed. Disclosure Required Dave Davis MSW Consultants Provides solid waste & sustainability consulting for businesses City-wide 1,2,3 PaBe 1 of 3 Public Works Department Kevin Sales KJ Services Environmental Consulting Provides used oil recycling consulting with businesses City-wide & maintains the Vemon elementary school calendar proqram 1,2,3 Melvin Green Melvin Green & Associates, lnc. Serves as "Plan Checker" and "Civil Engineer." Provides structural plan check services. Recommends whether entitlements (e.9. permits) should be issued, denied, suspended or revoked. 1,2,3 Rob Beehler lnterwest Consulting Group Provides services in "plan checking of grading permits". Recommends whether a grading permit should be issued or denied. 1,2,3 Jason Smith JAS Consulting Served as "Plan Checker" and "Civil Engineer", and Certified Access Specialist. Provides structural plan check services. Recommends whether permits should be issued or denied. 1,2,3 James S. Barger JSB Fire Protection, LLC Serves as "Fire Plan Checker". Recommends whether permits should be issued, denied, suspended or revoked. 1,2,3 Stuart Leviton Leviton Law Group, P.C. Serves as "Commission Counsel" for Housing Commission. 1,4,5 Craig Underwood BLX Group General financial consulting, performs government filings on behalf of the City. 1,2,3 Michael Berwanger Public Financial Management lnc. Served in a role comparable to "Assistant Finance Director". Conducted valuation of swaps. Portlolio management and general financial consulting advice. Presented analyses of his judgment on best investments and best financial practices. 1,2,3 Page 2 of 3 Fire Department Housing Commission Finance Department City Administration Frances E. Jemmott Jemmott, Rollins Group, lnc. Established framework of how grant funds will be allocated to public. Advised on grant funding. Performs due diligence and site visits for applicants and grantees. 1,6 Dan Bergmann lnterstate Gas Service Serves in a role comparable to "Manager". Develops tariffs. Asslsts on DOT projects. Advises on purchases of equipment. 1,2,3 Holly O. Whatley Colantuono, Highsmith & Whatley, PC Serves as advisory counsel on City elections matters 1,2,3 Robert Kurkjian Tetra Tech, lnc. Provides environmental consulting for soil and vapor barrier monitorin g/remediation work at former Thermador site 1,2,3 Tim Hersch PIC E nvironmental Services Provides environmental groundwater monitoring/remediation work at lormer Thermador site 1,2,3 PaBe 3 of 3 Public Utilities Department City Clerk Health & Environmental Control Department REEEI\/ED FEB 2 6 2018 CIIY CLERl{'S OFFICE REGF.:EVEE} ru2r2018 t]IlY ADMIi':ISTRATION or+ 2a\^sPOLICE DEPARTMENT Anthony Miranda, Chief of Police 4305 Santa Fe Avenue, Vemon, Califomia 90058 Telephone (323) 587-5171 Fax (323) 826-1481 February 20,2018 Honorable City Council City of Vernon Vernon, California Honorable Members: Attached are copies of the Vernon Police Department Activity Log and Statistical Summary of Anest and Activities which cover the period from l2:01 a.m., February l, 2018 up to and including midnight of February 15, 2018. Respectfully submitted, ANTHONYMIRANDA CHIEF OF POLICE AM/ar faclnsioe$ Infirtria[ of VERNON POLICE DEPARTMENT Department Activity Report Jurisdiction: vERNoN Fitsl Dsle: oao 2018 Losl Dote: oa15t2o18 Depa menl Complaint Type Descriplion All Unils Primary Unit VPD 106 10-96H 10-96M 140 156R 20001R 20002 20002R 242 242R 245R 415 451R 459 459A 459R 459S 459VR 470R 476R 4U 484R 487R 503R 586 594 594R 602 u7F 901 9017 9O1TR 9027 9O2TR 909C 909E 9097 911 9114 9174 925 927 4484R AGTAR ASTVFO BOSIG BOVEH CITCK oFFrcER rs 106 c7.961.962.1G10, WASH. EOUTPT\ PICK UP THE JAIL PAPER WORK FROM HP JAIL 10-96 MARY (MAIL DETAIL} SUPPLEMENTAL REPORT COURT ORDER VIOLATION REPORT INJURY HIT ANO RUN REPORT NON-INJURY HIT AND RUN NON.INJURY HIT AND RUN REPORT BATTERY BATTERY REPORT ASSAULT WITH A DEADLY WEAPON REPORT DISTURBING THE PEACE ARSON REPORT BURGI-ARY AUDIBLE BURGLARY ALARM BURGI-ARY REPORT SILENT BURGLARY ALARM BURGLARY TO A VEHICLE REPORT FORGERY REPORT FRAUD REPORT PETTY THEFT PETTY THEFT REPORT GRANO THEFT REPORT EMBEZZLEMENT REPORT PARKING PROBLEM VANDALISM VANDALISM REPORT TRESPASS DRUNK IN PUBLIC UNKNOWN INJURY TMFFIC COLLISION INJURY TRAFFIC COLLISION INJURY TRAFFIC COLLISION REPORT NON.INJURY TRAFFIC COLLISION NON-INJURY TRAFFIC COLLISION REPORT TRAFFIC CONTROL TRAFFIC ENFORCEMENT TRAFFIC HAZARD 911 MISUSE i HANGUP CONTACT THE REPORTING PARTY ABANDONED VEHICLE SUSPICIOUS CIRCUMSTANCES UNKNOWN TROUBLE ATTEMPT PETTY THEFT REPORT ATTEMPT GRAND THEFT AUTO REPORT ASSIST VERNON FIRE OEPARTMENT BROKEN SIGNAL OR LIGHT BROKEN DOWN VEHICLE CITATION CHECK 109 5 4 1 1 2 3 4 3 33 10 3 105 12 7 4 1 ,| 5 J 10 1 39 8 8 32 b 4 13 2 46 2 o 12 2 7 15 1 JI 5 I 2 29 1 16 3 107 2 4 I I I 5 I 2 I I I 63 J 4 4 I I I 6 I 33 2 5 t2 2 I 5 I 25 I I 8 2 2 t2 I t4 I I 2 t3 I l3 02h6nU8 02:51:29 Page of Fitsl Dole: o2lo1l2ola Losl Dale: o2r15t20'la VE RNO N PO LI C E D E PARTME NT Department Activity Report Jurisdittion: vERNoN Depurlment Complaint Type Description All Units Primary Unit VPD CIVIL CIVIL MATTER COP COP OETAIL DARE D.A.R E. ACTIVITIES DEMOSTM DEMONSTMTION DET DETECTIVE INVESTIGATION 4 4 1 11 18 3 J 88 3 18 1 10 4 2 2 4 1 4 6 144 45 12 20 1 3,l 3 1 168 89 2 2 1 24 2 4 I 6 9 3 I 87 I t3 I 6 3 2 2 I I I I 13 24ll ,7 I Il I I 134 6'1 2 I I l0 DETAIL DPTAST FILING FOUND DETAIL DEPARTMENTAL ASSIST OFFICER IS 106 REPORT WRITING FOUND PROPERTY REPORTFU FOLLOW UP GTA GTAR HBC LOCATE LPR MISPR GRAND THEFT AUTO GRAND THEFT AUTO REPORT HAILED BY A CITIZEN LOCATED VERNON STOLEN VEHICLE LICENSE PLATE READER MISSING PERSON REPORT K9 TRAINING K9 TRAINING REMINDER OBTAIN LOCATION PANIC ALARM PANIC ALARITiVOURESS ALARM PAPD PUBLIC ASSIST-POLICE PATCK PATROL CHECK PEDCK PEDESTRIAN CHECK PRSTMN PRISONERTRANSPORTED REC RECOVERED STOLEN VEHICLE REPO REPOSSESSION ROAOMGE ROAD RAGE RR RAIL ROAD PROBLEM SPEED SPEED CONTEST OR SPEEDING (23109) TEST TEST CALL TRAFFIC STOI TRAFFIC STOP VCK VEHICLE CHECK VEH RELEASE VEHICLE RELEASE VMCVIO VERNON MUNICIPAL COOE VIOLATION WARRANT WARMNT ARREST WELCK WELFARE CHECK Depo ment:t 336 913 Overoll:IJJ6 9lJ 02/16/2018 02:51:29 Page of Period Ending: 02ll5ll8 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 lss (Parking) Citations Iss (Total) Hazardous Non-Hazardous Other Violations POLICE DEPARTMENT VERNON PROPERTY RECOVERED VEHICLES: S36.500.00 PROPERTY RECOVERED FOR OTHER DEPARTMENTS VEHICLES: 539.000.00 Police Activity Report l4 120 6l l8l 89 3l NO. 29 2t 8 I 4 6 I l0 3 4 3 CASES CLEARED BY ARREST ARl8-030 CRlS-0172 I1364(A) H&S ARlS-031 CRlS-0166 273.5(A)PC ARl8-032 CRt8-0176 602(0) PC ARl8-034 CRl8-0187 10851(A) VC ARl8-035 CRl8-0190 10851(A) VC ARlS-039 CRl8-02M 10851(A) VC ARrS-M5 CRl3-0227 647(F) PC ARl8-047 CRIS-0230 I1364(A) H&S ARl8-050 CRr3-0243 459 PC ARl8-0sl cRlS-0216 166(A) (4) PC ARl8-052 CRl8-0248 21810 PC ARl8-054 CRl8-025t 594(AXl) PC VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING: 2/15/2018 TOTAL FELONY ARRESTS (ADULT) TO DATE: TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE: TOTAL JUVENILES DETAINED (FELONY AND MISDEMEANOR) TO DATE: TOTAL ARRESTS AND DETAINED ]UVENILES (FELONY AND MISDEMEANOR) TO DATE: ADULT FELONY ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL ASSAULT WITH A DEADLY WEAPON BURGLARY 1 I GMND THEFT AUTO 3 3 INFUCT CORPORAL INJURY ON SPOUSE 1 1 THREATED CRII'4E W/INTENT TERRORIZE WARMNT (VERNON CASE) WARMNT (OUTSIDE AGENCY)1 1 7 TOTAL FELONY ARRESTS 6 1 7 ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL CONTEMPT OF COURT 1 1 DISORDERLY CONDUCT 1 1 DRIVING UNDER THE INFLUENCE 5 5 POSSESS CONTROLLED PAMPHERNALIA 2 2 MFG/SALE/POSSESS METAL KNUCKLES 1 1 TRESPASS: CLOSED LANDS 1 1 WARMNT (VERNON CASE)4 1 5 WARMNT (OUTSIDE AGENCY)1 1 TOTAL MISD. ARRESTS 15 1 L7 JUVENILES DETAINED --- FELONY AND MISDEMEANOR MALE FEMALE TOTAL BURGLARY RECEIWNG STOLEN PROPERTY ROBBERY VANDALISM 3 3 WARMTITS (BENCH) TOTAL JUVENILES DET.3 0 3 56 q) ,$ ! - I 9@g?l! N tlOrlr)9 9Y?Y? Y2@ (r,OF-!,! asq? etc! f8 sPs ..€8RS.t !.n l(, dg dg r^9tio {o tio<d EO *c) €o qo '=o d9 qo '::9 tsB 3 lat cd !rlr$trt!,tB tB tR tl ts .oR -!o :o lo :o .!o ito..o a.o z@ a@ a.o <o !o !o !.o !o lro ltor\N .:O{ i:(\r ,\61 r\NE5 B5 B5 B5 EE E5 N(r@ (o (\r o,r NroF o !l: ('u).{ _\ O S !. } (O !': F(r(r t _: FF(.) = () = c.r : (r) : oc{N : oS a;i E e E : E : S eee *s R!IEEEqAQO qO S.O qO QO qOd9 3S 3S 3S dS E9.o (t (o (, @F-or\l9o !! :- !Y] Y? Y??: 8 ; ee39 g3 5 g - ci6 o oo ra)Q;: aj a- zz oo - otr^zz _;uu= ,EE Er i =F=Hu EH< =:.F > z 2 o; E? ' o E tI =il *l ofr 2 'y ,EpgsEEuIEgEE*,Et*C;E; e eee E c = e E e H EEES = e a5o EU (J LIJtr at alq €o o-=..rE E a 9!a c6t !e:> Fo -Eaa al qo el ei\ Fo.^traa a{ al a oO- ci(E oo- lrJ orEF !! 9! 6 al ES =h 9!i!6 tq \ \! a !q o r{ s .=a ! a 5 \iis+ !.s'isvt.:€ s: .=a *tIz aa ,\! zozt u,l t Jas\)a.ll '! S B() { \ sqq) ;\t\ b \ \ c)s F( LS$q s { \ -q3\) F\elI)\aHq Nkra !'r {o eceq s o EIt N Q sc! 99oi o a,P oo - z N-9".d= r 33 = (16a'\''tri Lr,.l uJZtLB< ^Fx? E IR .D ifrB ;6 Bllxu a- < o --l<* zz ulE zI-)3 E>=r! ur<>z rOo.o! ooo I oo; ooo- : o- ai NN 5E!a5o Er-EU E3 E -,_E =iIra> -r ( cl a.t!*al al NNoo66 al al c \ E a q E Q s a ss\J\ a F.s q=vaqG s ^tt*a a s€ z e S QA '\\ zoztlI E\ ra1 sl) s S Bc)S { \ qq) i:i 5 \ \ a)s !\ \S$F( s { \.) t\e hI\RFrq NklaI {o&eoeq s o Er a- I N : oi 6(.iod r-dN6 9 ld, a6 *e o6 NT(':;E qoa; ('! $tr€N +o!N =Nlb -sc,a@ ?@ =o =o!)d \Jf06 00 =9=:: SoSc.j!sF.O qOo; a; 9 s o.o-o \ior- r- ;-;- (.) \ta: {,c?c?9 i qtB 55 .fss3333 'iB e fcelo loo s(' lo -'or -'iro -'d -'i,lio \i6o iio doE5 E65 E6 E6 (!d QEioAE Fl!F(!_=o- -E > O cE€r-nn9!n9!Naa 6l cl rE E ono GI OtJs+ slf,.o =F Ei--, Nlb lbila@ a.o.o lro =oo06 066 g ind E E!qo aoo _!. o _!, o (!ra> Q>> zoztt! o IJJ zozd UJ lJ,.l u z@F 9P-n6guz O> u, lJ<? Lnr =i zaq9 o 9ts-Z. i e<,, Z.gu E 3H:Z.t<YadEO+g* e Eea>dd> o 'r,:tNN ooz2=;o 6 H=sD 6 Xtr i; . z fr; E i;>[Lrr; -; > E ti tr6 +a sd ^lu <e <i dE+to gH go;s = oEH=H id fiE=5 f Ea*p.2 s3 E:*! u i lo.) uJi!<< LJ,.lt6n -z22 z @N3 ooo ! oooo I oi\l (!(It! A o.(l(!o- : o oo SaNi F(! -Et, aloal€ c{ Fo-n t. B 3:<-O t-(lE 6 .: r< \ \- a 4 t I \qis* \)\ a .= -E !si- s!t\! * a s-c - \.) AQ .\!q{ 6 Y \Jo { '= S { BaU ;\t\ b \ q) * t\ \S$ n< boS { ,!\) t\eta\Rt\ n< Nl{a F\) {o a.. eoetts s zozEuJ t o O) o- r ; N itooo!! q! q,lci9! 6d ibq? !? l(.l qoqoE3 .ao td l.r o6 SE<co o6 $-@ t co<'o t N: -NN : da 6(0(0 s :jE --- E N ao Qoat a; d.i <t -999 a z zEu, t e f H= 6 AtIFt!5>tc;tLz\c{ . TIJa >o r! o = E=.\€ 4z^ - d5 =ilE z 3o <Q, uj i =<g dotr< t< rx rrr ===z o .no: R88 s R -N ssER t3:b rt)a@ a@ =oo6 06 (.(o s o<: oo : 6,t ** t rriE -F I -qo qo39 d9 I I Zt19Ed\)rr(I>x5ED 9 i = .-z< ?o) iz5 6E; s;1 -I ^ J< = d -.i () E 3e ir 8; !fi ER Eoz oEE tsr<zZ z ..i QQ - e+ >> '. > Ft! (/, aE >F 9! 9! 6o Fo- "-EF 6 (.1 !-NEe& a! ,.t E F al 6 Qi\ itttro U c< \ \l : q ,: * a s a \$s+ \)\ !.s !sqG si \.= !s e AQ r\i zozE UJ .< 6sUos o { ra)q) ;\Fi \ q)st\ \S $n( s { \) t\ek)\Ft\ 0< Nt{a F\) \)oa, eoetrlrl\ o ott a n 99 d6 ,b t3Io F. oi q?i e q'! (OtNFr,)rl)(\to:;.b6io-FotB esPF!c, d9 t(J Ai+;+ r-N,no; = 9:9! Y C{NNN E ----aoa; (\ ..iYlF H$=5 o oolltri:x *9f*,i2 =9d< trJ ulozr .! \t!! q? 19o@: 9 !C?.ko9 9 .=o 'o ''\o- \6so l.r, \io \ioE5 E5 oq! &o 1., d9 t( ci .3o l(.) !EO :o SPQ>- zOF-z(r)sN uJ.)-:!> ^i c; (t, d46z Y r.r.: z t:HP *F EiHE EFH=A Aq)F E >\!2 i > uJrto 6 < > FU\ r- l! i 6@Nia .o ? < (.) \ Jz _ oO t!) i O 9 t O LJ..lE=ft E;'. ;8,= +8,.9= E =;q deE EfiEB H$EEB ;s < z*e z*o?a o' trq: FcE2i > 82tr E=3no < <<uJ <<r!rrJn d =dr 2ozrr(ooro - ree f, eaoa Is R : R 3 Lo-0. r r,..'.'o- o- 3 c.> o lv, - Hr- =tDEL^r ) > cr q! 9!a a ,. OLI] Fc( i!.o) E ca ;;^i !!! ldt =o 1.6 -I c! -l c, -l c,<P <9 <P!to o6 06 06 @cDF3 E: FEB Se ESEEIqo s.o Q,o39 39 39@o) diN c.io oooor!o.o-o- ;ooo- u.Jol! rE E 6aoca 6 a{ QF FoaEol 9! 9!€ c{ Rru3 F(). oE € \ 5\;ts\)\ iS 'ia !tqG s: \ a .a t NN aa ,\! zozEIIJ .= 6 s\)os s { \ aq) l\ b \q)sL' !" R\J n< s{ r'i F\eta\Ftsr n<s l{a tNU {o \ ec Rq s r( \ o a- ,ii l3o 9sit e5 SNEiD -!b<.o o5 : 'r,SNE--!so E9 zOxzot IJJ IF o -uEadl iq.^Nv, uJ =FG, = .iQ N> s3 <_>- LI,JciE . fi-XraEir-..r ) > c !! 6l6a U c \ t a a I a.) s Fi -rt Sqrs* \)\ o a a !.s !sqG s! \ a .s e .s QA aa ,is zozd, UJ >\ L. s\Jo { S sI { qt qq) ;\F( G' \q) -Fr \ $r( s { s\) F\eIr)\Rl\q ilhlaI \)Sq eoetr s .; I N o ot I e n .;('l I 6i N (\!c. 'r3 qci o|,FF-.., (O rr9Aq?q? ::ilr)d)F-rr aolr)|?A:q? ::ior b-o) atta---- ta--I(' lC' lio rad Ed E.i \\ E5 'to lco E5 \S! rb e.oa; \\\\Qqllr$€o €6 56 S-tco Sli, Sor Ed) -lo -Io -:to -lo< (o a@ a@ zo!o !o !o \,/ d \Jf SJ/ lJdo6 06 06 06 @ .o lrrN@s orlrrs = 1 = 9 = :: :: q,l q'l = 9:t:i N t o = ('<\rr I -F-o: \' : F = FF-F : FF-)t s t @ S ;-;;-- t d; d; d; ao Qo eo qod9 39 d9 E9 !! Y',l ::9:9 <t, zu.,zoff $ Eu=sb 2=Ru A=3Ye=n z - "N I l' .- E P =28,?fidJ<ur:9646 Ii r r q=, 2I R Ro n i9 o So;8 18 1E"8P EYdd= ,d.dPi :! EEE!fi Eg==E EfiEP P 3tP= t*3 drts B E=Bir 6OA EOur i! u.J < rJJ < zzu )zz z r./oz= OOr OO@(DI o 3 o I oooo ? ooo I ool; o- : o :: o-(Io-(I ts (Io-(r B o-o oo 3:< FtL U>-( >a B 6 9 zozEL! CD zoz ao ao<o <z <u) I ei\ Fo-E \o 9! @ doit!oaL PE9. l^ E9E83 <.: iiE 3 <.> 5E ;-d:E \oN No6 .I llLoir .,, O tr o\ N al a N ()orrJ F gul(E(r. AE.a) tr \o- > €6!a raNNooNNoo6AooNat s c ! \ q ss 9\ a a ;\ !.= tJ-\--r sqa !:t\ l) s aa zozE IIJ = 6 sIos { \ U)q) :\Ft \ AJ *t\' La$ n< s { \ \) F\el{\R!\ n<\r t{a !L)\J \)oa. eoeq s o o 0- h Q ql ::.i q?s cq'la o olo Cci \\ qo s a3\:r '\.( c) @01(o: Yl = q?gr)t (o I <o-: r, ! N{(r)t ; t ri.o..,E C! E NNN Eo Eoa= o= f:s\t!r c..,, <D l.- ; O i OOOid tL ;s o- o- o-; > J^ >>>- ,"6 F@ @(a5 5()sE s#O(D OF &9 \o i!6 Fd \o ao z zEr! 5 =RPuJ l; o, =.5 zoo)oI rr< e.uzd 6=err.r q0sda6 =*<-z\ooi z znr! jou Zin6'z ID JID<oC"LF<<r 6z* a<<D <? olJ I s a< I \ q \qiss l\ a !.= lJ=!tqa t\! .a s.e - aa zozEul Et Jas\)os '= s { 4qJ ;\Fr \q) -\ LS $ n< s\) \ .B\) F\e E]\s\ r< Nr*la laU \)o \uaeq s o o) o- d Q o : rt 6n ci .L-P eo l(', I.Y) tio do td qd N^lqq!oo9Q.=oP .=oP Io S r.t lio rioE5 E5 (olr)9lrNa\lo9q?9te8 I tc8s(Y) so;9 ;9tio \ioE5 E3 \\!r$!.!)tE th tB tB:!b lb ll a, sirzo ao a@ a@=5 -E =5 =5E5 E3 55 E5 N O$ F. ! R ! 99 ! 3 ! ;s 3 E 33 E e E e \o qo a6 aoi9_ a9- {9- E9_ N-.OGl+ddoc;$q?9c?@@orcnoooo !r !itB tB -: -' -!b-@ a@ !OB5 E5 ra) s o (t) = :!!:: = Is 6.0 arr ! E: o(r)(, : It ,h,i,i 'ii a Nii ooo t o!r!qo qoE9 ES ozooY O -o-1@O!' E 9n6 5 E EB Bz'uJEH*E $A it ira F EtVaX6=Eaz-@o2'\ ,^E r.u ? d. r> P_u - 11 u.r h< ir'. = !d > Rur Fr o ?= a:L \i q 8Hn, QSn :3 , tE E*nai=osE E:E== ai,, :Hx== 3Ex tai9";2-(; 3€1* 9l, : li-E< fsE S;: 2o-.9. zd 1 +d q zdEE 6E O =d 2 0:5d 63 r 53 5 i,o@X ooo I oo I o I oo I o I oH o. o- r! + oo- X o- X o- o- i< o- ;., o- oooooo Qi\ F(!or( \oNoN qa al SE .i F(! qt \oeloclo€c o €r F(! .oE \oB!!aocl e'- Fc =E\o el€ QE Foo.E al al ao al F(!n € ca \J q \ )q ;\ ': s a !': \l \ris+ i.= -!t.:- -: .c \\ t{r \ 6 l(\Jos { q \ \u * F\' F $q 0o { t. t{\sNq dt{at {o \ d z e< s zozt IJJ .:\ \ oe e n a.i .,ta9,i,; !Q\ .iro F. .=-9 l(.) qd lo €dr<o .3o l(.)\r\ ic) i3 stq -! ii o6 s i3 c6 .i3<9 o6 'r, o,t(, t@:s!o a(,=o=NSEoEF\-E eo qo c.o qod9- d9* 39. d9 O!tq? YlC''onioo FYJd= crE <J al q! @oN g5+ z<.i'6 O(.)d Zci2oEF ^ZuJfn fE ;FA FHB- ;' o z?;89UJL9'lIt! lr = uJs E ? ,la2 i: - EF =6 3n 9 . =i., oo =HE =Hi !HE= EiE=e5 e Es i*E< IJJ <UJ <ZAO o o() c, uJ uJ(oo(\oI e H e il ee E aneoi > 6i > c.i >> ; >>>oo Ro NOol! Fo- -E\o\oNoNo€ al s-qtrhEo<E6 Fo.aE \o6aoNoa al o Qr- Ft!oE \oal al G al :\ *s !)\ !.= !s :: a .s QA ,st b s\)os { 2 a,) !\ \ ar -!\ $ A< Cc { U Latr)\R|\ r< N LIJa Ft\) \) \ eo R c< s zozE UJ .:: o o or a- t N :(' qci .(o I(., ra ci c{ &oI I(' qd to o r 66q : 9 !.!c{ ._ @ @ @6 .88 5 66 fgs(, !-,;9 ,;9E5 E5 !ii<9 s sij SRod tBs3<9 o6 -:ij =olNsF-s!fi!fi!.;EE;E;E:Esq!!qo qo ao soc5 at at at-sON s ac? q,r 'l) (o o r)ItE !E O t- 6l ao 9 (o Y rtI 9':9 :: I:::: T!?Y? q I z > - uo lLr_9$ 0F" 6?9E E E T6.=>y&t< d > ur iJ AY tr< idA 9C iJr d tr?az iSqE t?q f ,.i s6 )431 =3i F<6A 6Sf; Etff N o o3 0t d. () (rLr,J U,.l Z Uo o u,l orO-@ .\|s I R 88 s I st > o )) 6 > .i'; Q+ Fo. ,., E FN at (a oN QF Fo..aE i" a >lr6<B5 Fo- ^t t'-eloaa a 6t o, l. >d6<Eb t! -o!FTIJ ^a!d-r G ) l" N a al f :. D9 .uJ +i E o\\o @ al tx.s3<9so \)fo6 YY? = 55 tqo a> $(t!t 5zeR t uaspf1 E ;N2>o-.fr"1> =o ;EEEEigiEA* EEE:d3 EES6 oo(!o-oooooo(!(I RaD< o< aU ( * a \ V) t a i l\ st*s\J\ I E. a !.s.it9:!9tie -*t:U \ a € z\ QA .\! zozE UJ .! tt\ sl)a { '! S s S { \ sq c) ;\\ \ q)st\' \ $F( s { -E\) t\zt{\FFr n< Nkra F {o \ eoetr s oa N n 9 a q! zoz = Sc N - tl.lz' UFoifr2> >E: << F F;> f -?or-) < (-) 6<a<&oo< - (-)ts-ar!oi d Q|,1Ftr6t al 6a c{ 66coa:t al s -s3<.o o6 :-tC;ErBqo E9 a f q s a a q kl ;\tsr.t a s€ s a -= !scG l\U .s - aa .\!I{\r zozEut 6 .s os S { \ h\) l\ \ \) * t\ \S$ n< s { \) t\eh)\Rl\ F< Nk)a !.J\) \)o \eouq s o o o) 0- ; N oo lbq!teil(', q(i soF- @ (' (o999 ro s\too, o F- Y? C'! C'f9855 .tB 5 .lB: : .iB s(o l(, s(' sc) -'i,tao {o tio {oE5 E3 E5 E5 o =o sF tJJ o- *., -sE !) (-) 9=q? o:..)c;t^iNEN qqo 39 r. o \\!r t, !. \,ta So t- tN-sE s5 sE sE<.o ...o a.D a@vo lto !o !o 06 06 06 06 F'oo @F- (rrc!- = 9s!! = :: Y? = q?!!9 = ::I (o F- rt) S \1(' s N(r).{ s co: rr 'r, \l : {'rj : oo(7, : rS @@@ -a r- r- S +s= S +E ooo \_ oo I --- E -aa!!qo Qo \o sod9 3S dS ASO'FOF I i oo@ (o Nrr .'i .,i +lboo 9 Y) z9xfre i _z40 9t d.> =ta=at3 Ft! ^E @N a oUJG a 6 aa L= -tr E aalcC' (E dt Fo- -Ea-r- € al >t!uJE:5 .,95urrE3ir 55H>d(JL!uOE()O oooo.o.o- zo2tut i _z<o+z tr> =:E3 9s BEd> -# Eg BH oo UJ-tozd. TIJ iF "RD6 uJ E o:@fi'8 to() TI,Jd o^8Eci> 5uri< NO z9 o'.u& :'R tIJ j d)FItF 6 E9u +z- < tlJl JO n f fiNiz _4,9a"<r!>o ooqq E Fo zo =;SEoge ^Ztroao4);{b6 6iur F>th vEE azzil=9fi9=o-tuO I ooo; o- o- o-.i >>> 5(! i-Qo, z9..., LI,J i j @FItrFa6 -ou -z6 ilus :) OI <f- tL u, 60tra.ul t!oo oot!o r- F(! -E aaCI al (a N Fo-o.Eli-f-cl 6 U s q \ !s. q lrl .= 5 \$ss \)\ a G. a !.= aii€ t- a € t QA '\\ zozt IJJ .S> ta\ sUos S B() { \ t4q) ;\Fr \ q)s !\ \S$q $\i \ G F\el{\FFr F< Nkta ftl\) {o \ eoeq s o) o- s N q? q?tssI(, e6 *r,i3a6 o6 !sEE!qo E9 :: (.! F z9vEO' lJ,.l i _z =oaa E> r =o =t3 t*- E LI,JIooo *Rd> sx5=} LjJij0 FooEata a{a q s a s* \)\ a a a =E i=ra l: \ H a - N t- l'- QA \! zozt IJJ cr1 s\)os '= S IS S { \ squ i:i b \ q) -Fr \S$q s { \,s\J t\el{\s\ n<:{r t{a !r)\) {o \ e e( s o ol o. I ;a o rj ,id (b t89I I Rl(' v;9 E5 i6oq!r6 o Ss SE o6 t r'- .olr)N'r)trN t <. .rt-(ooNo 'o 9 q? y'l !\1 Yl s ...,1 .=o I .to- o 'tts------I(.) 1.r) l(r) do {o \ioE5 E6 E5 E9sEP1fre 62L!=u)-<Itr < r/i ieEES<u)az>oOr.!uJ oooooo(!(!(!(!(!(! !r$t)!,D *@ *Ni3 i3 .i3a(o <@ a@ lio lro lro o6 06 06 - o s (r, s (oF-: 6 : F : - c.r ot n I dd t dd oiE F E T E F- Q.O \6 qOo; o; a; -O@q? :: a9ac!ooI :: :: ..! q! NO o@o(oF-F-q?rq,)Y?9c!rf).)o@No9q?s9c?q -NFFN- o(L q? l,t] 99Y? 6-F6N- ;j;j;j;l\i; z169:H FR s$EHB-frP E' >r )' > tt)O> < rn < iroz 6 ;oo z< troz GF tL t!,Eg 13" H=gI; :;E =g;H*E'"V "-B --gas!i a E e=6il.- re I e R e 8888in > @ > ; >>>> Fl-tho- thd< a.l N aa Fo-E o\al al€ al Re FI!.oE@@B 9!6 al o>ra)LJlr)(,PENS(,x c od+':: q? Y? .,i(! F(! o.EF€aloal€ocl -F E \o(oN N€ N zoztt! j EE)ul cl<=t! (Jqff dl 9 SY c! : s 9cr >TJJu)f3" oztr LI,J oFo.D A -o(, u-:S I R 5aiF- LiJ(/)<N I lJJ r;NZZ 2=6<)z>Our ^r OOO = oo-(!6i >>> E E8&uJ6(I tJ c \ trl s !q + 5c; =N c .--.S asqa s^\ *a .c e AQ ,\! a :(\)o { S S { \ qq) ;\t\ b \ \q) R !\ :r. $ n< s { \) F\kt{\ l\ n( Nlr')aI {oq eoe( s zozE UJ T q, o- s N r.i oiii;c; 9Ct:Sf !!9S dd^i .3o So qci zozC @O-.r)lr)U ra @ Cr, t) lr> joFIa.FtL(,*6H= >r.^<r qotr< =H 6P=?6=, IEEfi;+(IY>>oo2tr3=86ts ! ooooo5 ().o(!o-(Lad >>>>> 5 e6 *l-is<P o6 = E !ao A9 FFqtLa.nE ( a6l No6oa{ H H I r< s a a 4 o \$ =s a a \.s.i*IFqG s: + a s€s t ra\ s\)os '= S rS(,) S { Itq a) s H 5 \ \ a,)s t\t S u. n< s { \,sl) t\et\)\sFr a< Nhrar{ U \)o \ eoeE s zozE UJ > o o oJ! b N s Y?tsR E5 .=6 \\ qo .=o E5 .3o l(.) E5 8c -zQSqdxs ;-[ -F ( 0\0\aloNo6oal -F t ^E!\oo\ o\aaN NNa(a Nal 9 I e9 66 I9999 sIq'l!-gq9:- !:q?l 999 S.o -rij o6 aoa; Qlrq)tE tR tx-s3 -i3 -s3a.o a.o a.o lro lro lroE5 E5 E5 F- rn (n = S = Y?:q =s 6 s NN t S : S e: SErlr!qo qo qoAS AS AS@.! 6 zoztuJ i ze 33ZNt! G. 5o uJhos dd16=(/, uJd EsEO)zoo ! oo'b co-N ^ >>'-oF 59(!tL S#OF t-2Y - > O u.r -frF i AE=> z :' L! 'uJi o > =o a >Pv 69 -;L u.J o:l *z^-f rrl rr llcrii$is d_sr EiEaJEP aEi ; EX^U9or i o- E tL.1 92o < zoEZi>i 5 il rr.rz o -2oF-o j.' O ; O - OOi! (! 6 O- - (!(! Q& Foa-E\c0\al al a N 6 Hi53 c.t! j d) =62 _-S:i0dx^ !1 (J5=|46 zE=e<-S AuiiO-<rLasotro696tz)oeO>o(/i ? oooaii 0.o.o.o.; >>>> 5 AE Fo- t-Eal0\NoIa aa ,a!J q \ a a rrl s .= s$ == a !.s !tqG r!NG .+af: z =.E aa .\=l\{ zozc,UJ .:> fa\ dos '= rsq) { \ ISqq) ;\FI \ a)t\ !\ \S$ n< $ { \ -tt\) Le KJ\FFq Ntrla !r.I {o \ eoeq s o q, q q N I99 Coo o(\r t! c.l ,b oi !! 9CJ &o l(o d9 ECJ tN -s8a@ o6 E? !a6 E9 ttitrlrttR tx tR tR th.=8 .=8 .S8 -S8 -i3a@ a@ a@ a@ a@ !o !o !o lro =or:N r:N r:N .\N!, d lJ d \/ d \,/ rY \,J n-06 06 06 ao 06 (o@ o FF- (r) o @N\r i ra) -I 6.6 i e - -F (' - F- t NN = qo : o = rr r : - : orE es E e E := : S F .s NNqEE!qao ao qo to qoE9 E9 ES d9 d9(orNo66(.16 0o o; o-oo @: : ttnslr I@@ooN zO >,nz >NEE t zs9<-dq)<> o<*- d*E$ 5E>N tiJ (2 aoY li.|llr o> -: 66x o- o-.n >> 5sE* !! !: 9!!tcR R ldt;2 td .to s(, qci €o : l(';9 E5 .to l(' E3 r. &oH qo a EU oa Eir :ir =) E -i E\o \o tr) r.t al al €qa Nal Fo-q,ENo N (E N CD '.O99!!ooro,v<l(o (o ;-oo 26, u.r uJ Q Lu Z =_rg= B = i,; E r, fr g "., - 7 5 e. '. ; EZuJ ln > -< utr> -? : >-'> <6 6 .F<( =n O lDff5 I; fi? eE:fg E3g #r-Bca i9EEEE E:E igEEfie i$6i e ?e=0 =va & =azz nft! t! <L!fu,J l>r r oroz o 'r, oS ee 3 e 3 oooe X pa l!l! - lI 6 o-O.GE - O- OO-N =i.! Fo-E N (o N FoE o N 6 F zoztt! oz\o IEFF(,eUJui z()zUJ o^+o "oF 5o(! r! id o-=_ -E E )oo 9! co s .=\. s \ !G. a V) I.l S st \)\ I a a !.s gs*G -*cg Ba 6 z ,! aa ts zozGEI S T.\ s\Jos B() { \ lr Ca a) R \J \ P -Fr \ $q s { \.lt\) Lel{\Rl\ n< Nl{aI {o toeq s o)t I q N as? 1{I N N E5 si? €N -s3 o6 = ! !LoE9 q I t.J I ..i zQ ut: Eo)rll i z (/, fi n- zt<: o(r(D :; (/, tlJ>N <_??N o< =t) :i o- o- ^i >> s9u- o.r E \o !al 00 ss 9\ F.s'!s J\{€ s^\ €s aa ,\! 6s\)os (,) S { \ a\) ;\Fr b \ \ a) *t\' :r. $F( $ { .13\.) F\zt!\Rl\ n( Nl{aI {o \toe( s zozd,IIJ t.= o) 0- N N !? ."j 9Yl q?s !! 9 \, !, !r qitR tR t3 !;-s3 -s8 .i3 s3a@ a@ a6 >@ lro !o !o !ots5 E5 ts8 E5 ro@ :! (o(o s oN s ooF s: ..)s : c{ 'n Y (orrt =S ;; E ee E *lt E!EqEeo llo qo aod9 d9 3S 3SNNf. :: Y?eF- (O(o 0 ('c) -_ or, ..i (.io- zoztt! t = BB fiI!) IIJlr-<oz iv)< Z u.Jo oaD@ dq =1E;IrOE zo2tt! i E TIJ > TIJ H Pss Io Iuo 4 -a'a9 gu1,99ff o;<u4zE(i>c - IIJ IIJ =d.T z9 *=ff PE t z zE IJJ II,J z U c{O.. EL! U; LLl =oI O<: trii E dc,rl uJqao n= o> ot: ,l? 9!q! Y2@@F_e :: ::!g? ::t8 3 tB R fsRRN fB 5to t(' to so !^9 r^9 dP ;9\io \io {o tioE6 E6 E5 E3 I ooo ? oo:; o-&o- ; r).(! ).': o- x d'-o "oFF@a @a59 59>tr ntr -d &dOF OF 6I S6:-=BE (io{l53 F 5oSt! .d o-=,.. G r alao -( r e atocoo dLoo- oo Ecl al 6 al ooo- o-ooo-(! i!:- -E r )aooa{oooN \ q a \,/ s a .E \ni =N\)\ a a !.s !=!sde .i -s .= - a \t \t q\ zoze. IJ,J t tt\ a,\ o { Bus { \ S4U i\Fr G' \ \ a)RL' LS$n( s { ,s\) E\k lr)\RN r< Nkla lU U \)o \eoetr s o o e I N e ni Y2,ii9ni I 6 \\\tr!ru\r!rts tB tB tB tB.i3 .i3 .i8 -i3 -s3zo a@ z@ a(o a(o !o !o !o so !.oB5 B5 E5 85 E3 .t F- (oo @ ar, S <6 S (l)s ! s - F-: N c.r : <<' : o- : c.r : -t ee E 88 E e: E P | :!qq!!F.O qO qO (lO !\OQn $^ A^ t)^ \t)fLa; a; a; a> a>(r(Dq? q? atq! I q? -C{ c{(,O o N!! !! :t..lr: I .oo oro)o o FOO OO- z zP =-uYIr!:E *-uJ ='r> e<i t2ao rt,O= frq O o-< < n t-" n@ _.) auJ -6 i -o -)= ar, "!5 x 63 F ooEEuJ LJ,.loo @c! +Qo,Q:s:s NdIor Fo-qEt- a (o -d F()- ,AEF aN O al t-(!t F @ =i\ Fo- ^EF oata al oO N;FFia,o< FI!_E \o a 9!€oal .?o \\aY d5 o@(oYl::s(r,s9::a!'=o99'=o9.=olr) l(' I(.),.2 ;" dPE5 E5 E3 ()(.i':: 9'fB 5 t88I(o T(?) 'it ri6 ,!4 6<d <<r<o Ed @ s9 i9ooo-z9 H=ts sB-E iRS FS5g z\- oQI ZUH .T, ^6 gJ !9< r!-8 o F o Q5 xtE E;Ef : ttr< :- F< tLzz tLz>:o =(J<<z <zo>ul o Lr,Jsx:, OOO r OO+ (!(!o :r (!o o- slilo =3z znUJ iF3 ooLr.t LL Io <tr6<N ld 2aUJ --J(J<z>u, I ooi( oo-d >> s -s8z@ E5 = 96 : .rr IF ci c;E OOEqo a5 s!oa 2oza.uJ t Aa- 3 to- o qJ TLsq2 d. u,< <uJo ai.,(/, uig)_a G>:) LjJod 3 oo;t oo-^ >>EE F 59(!lr Nd * ! \ V) TJ 'a s a o a \Gs+ \)\ !.=.a*!s!src -s!:l\\) e l) :. :. aa ,\!\\ zozE UJ ! U\ s\)o * 3 S s(,) S { ISa\) i:i 5 \ \ c) -Fr \S$r( $ { \s\) t\eH\R\ n< Ntlra r\)U {o \eoer< s o a. { N ciql i.j + .:: + F.' F.s9 (' ::::I Y?99 9 .3o I(.) E3 9 l(?) qci I tel r;9 E5 .3o l(, t;9 E5 F(! -to\ ao Fc =Ea ! N a s+ r! ii o6 !3*s:Itaoa>_ !! s !! ...1: TIJ_-1.- <z riJ EoUr (LI S?E EU -zsN +63 F ot u.to 3Rj' Xtr :o \r tr qtaN S6 Sd!d E-r Ea-i3 -i3 -s8<@ <.o zo lro !O !o oo 06 06 s!i9sS! E: S!!qao Q6 s.6a9- d9- * a9 (' \l-o (.)d!'! p9: !9 c 9-S6 zE6HE tre;EH aEH-'E' iE'- &.'alt U u,J X uJ (r< i= -j().o Y- acD5E \< 3-z1 69 =65<' ' 14 a' tr1."_rKr== ==tlx 3E:=rrHEr fftr9*E 3=*Ef;s is{ s{ztr :E= EZ< LJ,J < IIJ < IJJ <oo >oo oolr)F.@I oo ! ooo ! oo+ o.o- ; o-&o- 3 0-(! o-l o\ N (aoal t: Fo- -Ea aaa ait Rcnx Fo-.oE6 a N 6 ar cin zqE 6E g ;>ai 5<J IIJ a)a iii o o =a -Ee E9i\ < z6z TIJ q^ 6i> s!!tr !) c \ a.) \: - st.E\\)\ a tr a !.s.=:iEqG { .t -a * s I- !!QA ti zozEut .a ta\ s\)os S B() S { \ lraq) i:i 5 \ q) * !\ \S$r( $ { \s\J F\e tIJ\st\ r<\r tr]a F\) \)o zoetr s o o) o- : N 6iI oz>SE i t!l! Fz oc oiF]3ff oduto o(! IEuJ = lJ-o z dl nt :: q'! zoz ut>g sF i zo l 5(, F9u Q=P dNs <6tzuJ<(zE.Eut!II ooo,o h .t \n;st 9\ !.s>':9=:.l'qG -f _a \ a ss - = aa ,rq U\sIJos i S B() { rt la AJ ;raFr \J \ \ q)s Fr \S$q s { -sI t\z E]\trt\ n< Nl{aI \)o \ eoktr s zoztr UJ t.= in Y? tro .J, I5 t8I r') qd oo- s z o E a F(!t o\N c^loa al "-E r N 9!(a \i V) a o o){ h N 9 c;a q.!6Io; o '3o lo\\ tci (oNo) <r r..) r o, cno\l(o r.r)o- ()!Noo.!3333 333e8 .lB lt (") l(, {o {otct Cci .?o l.t E5 !tr FO. Fo-l o-6t th V., E r.1 l.)-) r.)ee 9! !!qo ca at ar llLOiL ir: ^o ( a.. E i Nallr) rn,.1 r.1 al at 6ao aa el sr -s3a(o oo *ss!ts'oa=- 9? FI 56e =zE-,PER3SH8A Y = -H q=i,=R..;;g- n F 6:- :F6ter,.7 ? I YCE z .; : =E Z& A e =E doe i>-o *9e q- *=<o rla;rgfr="la1, $;E E*l !5*(oN {d(/,rEY$ -<q< <a{ E -(, d >tL ui SE6P?EE8E P P 65 uJ z uJ rrJ lr.J <tr(/) Lrl u zJoLlJ(Jtrr>oLu O o Ul I ooooooooo X o I " i oY oo.o-(!oo-(Io-(I Y o- i\i o- 6 o- OOOr \ c2 6q! sda@ o6 = ('+ GQ adiEo!tao 3S s (OFNtl., l.--rO)n!r(,ra)!r-ra)cFtrt.,-drbN<ocit-oif 9!'l 9a 9Y?Y?9(o (o (o (o (o (o (o (o (ooooo60000 !,r !)SN Sdl+ Eri-=3 .S8a(D z@ lio =Oo6 06 ql-"!r S6! !Eao ao39 AS zOcr2., TIJ ; zozd.(u>Ftto L]i!o i!<G IJJtrE IJJr a^ ;i @d =sBB f. e -E 3b Fo-oE aa(o s cQ ! q ! \ = a 4 o rrJ st a a o a t\ 5 \Ust \)\ F.s q, -\!.Sqg s: a € a \.) aa ,!i zoztrut ': 6 dos ta s uo { \ B la) q.) :\Fr b \ q)s t\ \S$q Y { \ .B\) \zt{\R|\ n< .<F hIaI { eokq s o,$ d N r.i (ii (o 9id q 9 ci zo,,,-z daE YY t z ztrlrJ) rruJ <<o oo9 0aH qq fi{ NN ooLO. dFo =lrJo Io tr Lr,.lEE, 6 F:'=zt UJ rF3 9 E_E<<a <'.zz!? =<<<l! iicraq, < ^- U,J t!t -zz EE22<urll>()oo oooo(L(Io-o- zoZatr9 9.Ht lll TL Fz at)qri Q< H3 <oz5 o(). h .l \q;st \)\ !.s !sqc s .\ a a S?: +- aa ,s! zozEUJ t.a 6 sIos '= S \t c,)S { \ sa\) i:i b \ q)$ t\i L $F( s { -B\.) F\e FI\sFI n<Y t{a lrl\) \)o \eoetr s o c.i:: 99 vtq? r rr)lr) 0) ci @cj dN ON C{tce a e tcRl(' I(.) d9 .,;9rio s6e5 E6 tij = Y') =N-S c;EN!qo 3S --t€-i3a.o o5E=R!PE do E9 9Foo-a -r*.i \o.n ra..) r.) al 6a €6 a-l at \, ! \ - a 4 r.l {t a o o o- I i I t- q?:::e c.i c.i c{ c.i oo sY? 9? I 6\ltOOO@(,.O(n o)F\l SON{!: 9.'r--9eY?9! q?l 9!:9 q?::9 N - ..) 6 (O @ .O (o CD F- (O@t @Orro :: :: 9 9 Y,l g? q? :: q? ()o n:,.) 9()-. ^ N N O @ F- 'f, lr, 'r, @ @ .-(D@ --O !.\1 (o'ltso--FoF--oo tSoo .ta '\ BIiY) S.i Snr Sa) ._(D \io tio ii6 !i6 EO Cd Cd qd 9r99 ooo ts -=8z@ E5 nF-ooN(o6!r(\r- = qrAqq!!9'!!:eOs ro (o d) (o (o ao (o ao or F.: NNoFto(\tNct<rF = (; ci N.iri .'i ci dci E ddE o-OOOF--C,()EE6o= Y? (!90.oF 5o(! rL -d6F FP(L;\6 ,E E ) o\ Na al !! 9 o Fr(r(tF-(, tr('-F-;- or;ocio o;!! i9,{!q!$ a O OOOFr O $a;i=('x a- -i3z.o o6 = qo a> 9dEeB=H6l!oF:u--<Ez<sz<QPEsEuJ<OuJo>az oooo(!o-(!o- r6gag9 Xo v^gVto 8$ E :! :i!ar E € al tUts tB-ss -s3ao a@!o !o55 B3 !&!EB SE!a6 toA9 A9 '.. 7ze. IJJ < Er8z HNo'al)f 5a lr,J =z^i E9=x =>o- i<-@ <d<O!jQao5 58s F.c? zoo&e3 rF oG,i >o = tg = E6E i<-9.9G.>OEss iiq!a ;o;o& rr.Jol! ^& E o\ e 9! @oN f! fi 7 -u>o uJNoN!t?()Y 9*RE-333=oE. r.' (' rooPo-o.iOEl!>>uJLZ cEgs=6EEE*e* i"6HP*$)Z6EEaturoluJEuJ=fuaDNoOOIoI-lzru I oooooooooo = do-dIdddddc E 9tr Fo.E G oca€aoIN oo0- o-ooo(!o.(I q \ \ q !{f f!=s\)\ a !.s !=ra(G a .c a -e.t .a AQ .\=I!{ L\ s\)o * s B() { \ IB ra AJ ;\Fr 5 \\)s Fr \ $q s { -q3\) t\ek)\Ft\rq .<lr trla H\) {o eoeq s zozd, UJ E ot q N niq! n+YI:.lo! 'to9 .3o sr) so s(r).,;9 ;9 ;9tio tio {oE5 E5 E3 .i3<9 s i3 E5 €- -i3<@ (o@ =-lF-!o:lr,:():(,S ^i t< !;ETEFEa{!ESqo Qo E6d9 E9- d9 .2: 9r Firc o- 6 - E -E.ni..t aa al ^ro6@€ a-l al 2oz.EA - = EF!-oi,Z -ff Pd ll, => ci oii9y o E:b oo :&,;* ;EB 5,8Egq 6$P aa(Jt < -J IJJ ,; |r) \2 E;fi<t) t4 OuzN9^$^$SEEBSRN>+>o>c{ -c)68, oFL!o-E.oE ) ! a{ @ ta:.t >s<. U \ \l q a s s a ;s .: \ i.; !.s $=9Sie .s: +a *tt :. :.. \t \t Ir{ l^ s\)cs '! S (J { \ qqJ ;\Fr b \ \\)* tsi \S$r< s { \ -B\) F\et{\sFr F( Nl{a !r)\J \)o[. eokq s z zEIIJ o 7ED lj8FEB26 +:it FEB2I CITY CLERIi'S OFFICE STAFF REPORT ,Y^, ,, -, ){ PUBLIC UTILITIES DEPARTMENT L'{I /-'\A' " DATE: TO: FROM: RE: March 6,2018 Honorable Mayor and City Council Kelly Nguyen, General Manager of Public Utilitie Risk Assessment of Wildfire Caused by Equipment in Compliance with Senate Bill (Hill, Chapter 598, Statutes of 2016) Overhead Electrical Lines and 1028: Wildfire Mitigation Plans Recommendation A. Find that approval of the proposed action is exempt under the California Environmental Quality Act ("CEQA") review, because it is an 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. Determine that Vemon Public Utilities (VPU) electric service territory is not at risk of catastrophic wildhre resulting from VPU electrical lines and equipment, consistent with the assessment performed by the Vemon Fire Department. Background On September 24,2016, Senate Bill 1028: Wildfire Mitigation Plans (Hill, Chapter 598, Statutes of 2016) was signed into law. As it relates to Vernon Public Utilities (VPU), SB 1028 requires the governing board of a local publicly owned electric utility to determine whether any portion of the geographical area where the utility's overhead electrical lines and equipment are located has a signifrcant risk of catastrophic wildf,rre resulting from those electrical lines and equipment and, if so, would require the local publicly owned electric utility, at an interval determined by the board, to present to the board for its approval those wildfire mitigation measures the utility intends to undertake to minimize the risk of its overhead electrical lines and equipment causing a catastrophic wildfire. At the request of the Public Utilities Department, the Vemon Fire Department performed an assessment of the electric service territory's risk of wildfire caused by electric operations and equipment. This assessment considered Vernon's historical fire data, geographical location, and local conditions. The assessment also includes information from the US Forest Service's Fire Page I of 2 RECEE\fED Modeling Institute, and the Office of the State Fire Marshal. Based on this information, the determination was made that VPU's electric equipment and operations do not pose a risk of igriting a fire that could cause any significant or catastrophic wildfire condition. This determination waives the requirement for VPU to develop and present an electric utility wildfire mitigation plan for approval. Compliance with SB 1028 is fulfilled upon the City Council's concuffence with Vemon Fire Department's determination that VPU electric equipment poses no risk of catastrophic wildfire Fiscal Impact None. Attachment(s) I . Fire Department Memo regarding Risk of Catastrophic Wildfre due to VPU electrical operations or equipment Page 2 of 2 FIRE DEPARTMENT Bruce K. English Fire Chief 4305 Santa Fe Avenue, Vemon, Califomia 9(tr58 Telephone (323) 581881I Fax (323182GI4O7 To: Kelly Nguyen, Vemon Public Utilities Director From: Bruce English. Vemon Fire Chie@ Subject: Vernon Public Utilities Senate Bill 1028 Wildfire Mitigation Plan Compliance Upon request of the Vernon Public Utilities (VPU), the Vemon Fire Department staff has reviewed SB 1028 section 83t7 b. (b) lh. gowni4g b@rd of tlIE lxal pblicly annzd elecmc wility u electicol coorytorive tl6ll &termine, bated on hlrturcol lre futa and lrol cdditiorn. ond ,n co,ttultotiod vith tlr fire &Fnncus or otlct.ariries etporLtible lot con!rcl oI eildlres eithn e geogtaphicol oteo where the ut fiy s acrlud electricol liaes and equiynznt are Itat.d. ylrther oiy pnion oI lhot g.og.ophrcal oreo has o signiftcant s* of co@ttrophc wildJire resulung lrom those electical li@ ard equipdent VPU provides electric service to the City of Vernon which lies within the greater Los Angeles basin. Specifically, VPU's s€rvice arEa is not within or near any wildland urban interface zones and more than ten miles from the nearest wildlard urban interface area. In addition, Catifomia Office of the State Fire Marshal does not list the Cit-v of Vemon as a "Community at Risk". r_stun A This map layer portrays the Wildfire Hazard Potential, developed by the U.S. Forest Service's Fire Modeling Institute to help inform assessments of wildfire risk or prioritization of fuels management needs across large landscapes. 9eh l6a7c l-l-1669a-1 A review of VPU's historical risk ofutility or electrical processes shows zero causes of wildland fires. Based on historical fire data geogpphic location and local conditions, it is my determination that VPU's processes do nol pose risk of igriting a fire that could cause any signifi cant or catastrophic wildfire condition. lFatusive$ Iatustriat RECEIVED FEB 2 6 20t8 CITY CTERl('S OFFICE REGEB\fED FEB 2 I 2018 STAFF REPORT cli,i /rD ;,,iSir,rAitcil rUBLIC woRKS DEPARTMENT pC*_nt DATE: TO: FROM: RE: March 6, 2018 Honorable Mayor and City Council Daniel Wall, Director of Public Wor /\ Originator: Claudia Arellano, Stormwa ts AnalVst ' )i SIJB-RECIPIENT AGREEMENT FOR THE PUR.FOSES OF TIIE PROFOSITION I STORM WATER AGREEMENT Recomrnendation A. Find that approval ofthe Sub-Recipient Agreement proposed in this staff report is exempt under the Califomia Environmental Quality Act ('CEQA") because it is an administrative activity that will not affect the environment and therefore is not a "project" as defined in CEQA Guidelines s€ction 15378, and to the extent approving the Sub-Recipient Agreement can be deemed a "project," it is pan and parcel of the larger project of designing and constructing the infiltration cistem, for which the City of Bell Gardens has obligated itself to be the "[rad Agency," as defined in CEQA Guidelines section 15367, pursuant to section 1.6 of the Sub-Recipient Agreement; and B. Approve the Sub-recipient Agreement between the City of Vemon the cities of Bell, Bell Gardens, Commerce, Cudahy, Huntinglon Park, Maywood (hereinafter referred to as "Sub- recipients"), and the [-os Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority C'GWMA") for the purposes of the Proposition I Storm Water Agreement for the implementation John Anson Ford Park Inhltration Cistem, Phase I ("ProjecC'). The City of Vemon's proportional share of local Match funds for the implementation of the Project is $212,743.82 including GWMA's administration fee. The term of the Sub-Recipient Agreement corrmences the date on which the final Sub-Recipient duly executes the Sub-Recipient Agrcement and shall continue thrcugh the date of filing the notice of completion plus 20 years for maintenance; and C. Authorize the City Administrator to execute the Sub-recipient Agreement on behalf of the City of Vemon. John Anson Ford Park Notc: Estimates are based on 201,1 dollars. In 2016 the LAR UR2 WMA continued its work for administration purposes with GWMA and released a Request for Proposals to conduct a Feasibility Study of the six regional structural BMP projects. The Feasibility Study was completed in April 2017 by Tetra Tech and included the following: o Environmental requirements evaluation;o Field work at each project location;. Topographic survey information; o Utility search;o Geotechnical evaluation for soil types and infiltration rates;. Hydrology and water quality analysis to determine volume, flows and infiltration rates for project sizing;o GIS maps; o Permits;. Operation and Maintenance;o Monitoring Plan development to determine initial water quality;o Project cost and schedule. The results determined that the sizes of the projects could be reduced due to excellent infiltration rates saving considerable money and phased to package them for grant opportunities. Some of the larger projects are at Rosewood Park in Commerce and John Anson Ford Park in Bell Gardens. The WMP set an implementation schedule for each of the projects with the earliest implementation dates of 2024 for the 3 phases of the hoject and 2028 for Rosewood Park. The Randolph Street Green Trail project was omitted from the final Feasibility Study due to performance redundancy and adminisrrative restrictions. Prior to finalizing the Feasibility Study, the LAR UR2 WMA worked with CWE Corporation and developed a Proposition I application for two of its six regional projecs, namely John Anson Ford Park in Bell Gardens and Randolph Street Green Trail in Maywood. As mentioned above, the Randolph Street Green Trail project was omitted from the final Feasibitity Study. The GWMA administratively submitted the Prop I application to the State Water Board in July 2016 on behalf of the LAR UR2 WMA. On December l, 2016 the GWMA received a recommended Prop I gant award from the State Water Resources Control Board for the Ford Park Infiltration Project, Phase I in the amount of $9,949,U2 with a l07o match of $1,105,538 for a total project cosr of $l1,055,380 (Funding List attached). Subsequently, the State Water Board omitted one of the task items of the application in the Pase 4 of 6 LAR UR2 WMA Regional BMP Cost Estimate Name Low Cost Hieh Cost Randolph Street Green Trail 4,300,000 s r0,800,000 LADWP Transmission Easement s7,600,000 s 19,600,000 s36,800,000 s91.300.000 Rosewood Park s 14,000,000 s36,800,000 Lugo Park s6,700,000 s 17.200.000 Salt take Park s r2,600,000 s33,200,000 Total:$82,000,000 $209,000,m0 amount of $50,000 as it does not cover maintenance for the fint year. As such, the final project cost is a total amount of$ I I,005,380. Of note, the match is typically 507c however the [.AR UR2 WMA cities qualified as Disadvantaged Communities (DAC), hence the match requirement is only 107c. This was a higtrly competitive State-wide grant process and the LAR UR2 WMA succeeded in securing funding. Although the City of Vemon drains exclusively to the los Angeles River and the hoject drains to the Rio Hondo River, the Rio Hondo River is a tributary to the lrs Angeles River. The LAR UR2 WMA agreed to continue with the existing MOU's cost-share allocation formula for the match contribution with one exception, the FCD needs more time to determine what their contribution will be for all l8 WMP and EWMP groups they participate in for design, construction, and operations and maintenance. Under the current MOU they contribute l0%c of all total costs towards WMP and CMP Plans development and special feasibility studies and 57o for monitoring. The table below provides the LAR UR2 WMA cost share a.llocations for the l07c Prop I Grant match funds of $1,100,538 for the Project plus a 37o GWMA administrative fee. These allocations are based on one-half of the total costs equally shared by the LAR UR2 WMA cities listed below and one-half based on each city's land area. Watershed Permittee Land Area (mi2) Cosa Allocation Percentage Equal l//b Share of 50% Pro-rata Sharc of 5O7c Grant Ilatch - Subtotal 3% GWMA Admin Fee Total per Watershed Permittee Bcll t6l lt.m s78.60r.86 $65.482.0r $1,1-1.09t.E7 94.122.76 s 148.414.62 Bcll Cardcns 2.19 |.22 $78.609.86 $6 t.740. t8 $t10.350.o{$.1.210.50 $1,11.560.54 Conrmcrcc 6.51 29 6t s78.609.86 $162.93,1.65 $24 t.51.+.5 t $7.216.34 $2,18.790.84 Cudahy t.r2 505 s78.609.86 $27.788.58 $1(b.398.44 s3.19 r.95 $109.5m.19 Huntlnglon Park 3.0_l t.1.65 $78.6$1.86 $75.t I 1.72 $153.72r.58 $,1.61 1.65 sr58.333.22 Maywmd I.ttt 532 s78.609.tr6 $29.271.11 $ 107.884. r 7 $3.236.53 st I t. t20.69 Total tm%$550J6e.00 $5s0:69.00 $ r,1005-18 $33,0r6. r{$1,1335s4.r4 While the Project is located in the City of Bell Gardens, it will benefit each of the LAR UR2 WMA cities as it will facilitate compliance with the WMP. The GWMA approved the Sub-recipient Agreement on January I l, 2018. Each LAR UR2 WMA participant ne€ds to also approve and execute the same Sub-recipient Agreement. Bell Gardens will serve as the lead agency for CEQA and as Project Manager. Bell Gardens will prepare a design, bid, building bidding packet and release it for bidding. As previously done with other joint bidVRFPs, the LAR UR2 WMA cities will review bids and recommend award. GWMA will award the contmct and submit payment requests to the State with reports provided by Bell Gardens for projects coss incurred during a reporting perid. The City of Vemon's role will be to assist the LAR UR2 WMA Chair, the City of Commerce and assist in coordinating the project execution, and contribute its funding share. A separate agreement will be required for the Operations and Maintenance ofthe Project for the life of the Project. Staff will present said ageement to Council at a later date. The City Attomey's office rcviewed and approved as to form the Sub-recipient A$eemenr. Pape 5 of 6 Vernon 5. t6 21.25 s78.609.86 $t27.937.5+$206.547.40 s6.t96.42 $212.7+3.E2 Purpose of the Sub-recipient Agreement The purpose ofthe Sub-recipient Agre€ment is to provide for the administr-ative support for the design, construction, maintenance and payment of the cost of the Project in compliance with the State Grant Agreement and for payment of the grant match. The intent of the Sub-recipient Agreement is also to serve as the template for all the LAR UR2 WMA regional structural BMP projects, including the LADWP Transmission Easement project. Fiscal Impact Based on the enclosed Sub-recipient Agreement, the City of Vemon's proportional share of costs to implement the Project in the City of Bell Gardens is $212,743.82. The State permitted the LAR UR2 WMA participants to pay the grant matching funds in 3 years. As such, the Public Works Department budgeted funds in the Street Operations ( lM3) account for Fiscal Year 2Dl7l20l8 andwill budget grant match funds in the amount of $5l,372the next 2 fiscal years. Attachments l) Sub-recipientAgreement 2) Proposition I Grant Award Notice 3) LAR UR2 WMA PowerPoint Document Page 6 of6 SUB-RECIPIENT AGREEMENT BETWEEN THE CITIES OF BELL, BELL GARDENS, COMMERCE, CUDAHY, HUNTINGTON PARK, MAYWOOD AND VERNON, AND THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT ,OINT POWERS AUTHORITY This Sub-recipient Agreement ("Agreemenr'') is dated January 15, 2018 and is between the Cities of Bell. Bell Cardens. Commerce, Cudahy. Hunrington Park. Maywood and Vernon. (collectively the "Sub-recipients"), and the [-os Angeles Gateway Region Integrated Regional Water Management Joint Porvers Authority. a Califomia Joint Powers Authority ("GWMA"), (collectively. the "Parties"). RECII'AI-S A. -I'he Sub-recipients are members of the l-os Angeles River Upper Reach 2 \\'atershed Croup ("Watershed Group") and jointll prepared a uatershed management program ("WMP*) as required by the Regional Warer Qualitl Control Board. I-os Angeles Region. rr*ational Pollutant Discharge Elimination Sl,srem Municipal Storm Sewer System Permit. Order No. R4-2012-0175 as amended b1 State Water Board Order WQ 2015-0075 and Los Angeles Water Board Order R4-201 2-01 75-A0l ("MS4 Permif '). and B. In order to assist the Watershed Croup in implementing the WMP. the CWMA has entercd into that certain Proposition I Storm\.\.ater and Proposition 50 Coastal Clean Beaches Program Grant Agreement No. D I7I266E dated January 12,zOlE ("Granr Agreemenr") wirh rhe Califomia State Water Resources Control Board ("State Water Board"). attached hereto as l16 -{Xx)]Ulrlr0l\ I dG^. Exhibit A and incorporated herein as though set forth in full. GWMA will receive through the Grant Agreement Nine Million Nine Hundred Four Thousand and Eight Hundred Forty-Two Dollars ($9.904.842) from the State Water Board for design, construction and maintenance of the John Anson Ford Park Infiltration Cistem System. Phase I, Project C'Project") in the City of Bell Cardens. All of the Sub-recipienrs, through GWMA. will be responsible for paying their share of a local match in the toral sum of One Million One Hundred Thousand Five Hundred and Thirty-Eight Dollars ($1.100.538) lor a total Project cost of Eleven Million Five Thousand and Thrce Hundred Eighty Dollars ($11.005,380). C. The purpose of this Agreement is to provide lor the administrative support for the design. construction. maintenance and payment of the cost ofthe Project in compliance with the Granl Agreement and lor payment ofthe local match. D. While the Project is located in the City of Bell Gardens. it *ill benefit each of rhe other Sub-recipients. as it rvill facilitate their compliance u ith the WMP. E. '[he Sub-recipients have agrced to the relatile benefit lor each Sub-recipient as provided in this Agreement. Ii. The jurisdiction of the !ratershed encompasses all member Sub-recipients' municipal boundaries including all tuo uatersheds llithin the individual participating cities. This is allowed under the MS4 Permit Vl.A.2.a and was approved bl the Execurive Officer of the Los Angeles Regional Water Qualitl Control Board on September 25.2013 as part of the Watershed Group's NOI and described in the resulting and current WMP under Section I . I . 1166.r,0001\l r.lil0tr r drx Page 2 of3l G. Among the benefits for each Sub-recipient agreeing to the cost-sharing for this Project is that as Permittees of the MS4 Permit, all Sub-recipients are working toward compliance with the M54 Permit and as delineated in Part VI.C.2.b and c of the MS4 permit, which compliance will be facilitared by the Project. The Parties therefore agree as follows: I. OBLIGATIONS OF THE CITY OF BELL GARDENS l.l Construction of Project. The City of Bell Gardens ("Bell Cardens") shall undertake the design. construction and maintenance of the Project in full compliance u,ith the terms and conditions of the Grant Agreement. including retaining a contractor or contractors to design and construct the Project. paying all charges lawfully incurred bl the contracror(s). obtaining all permits necessary to accomplish the Project. paying all related charges. preparing all reports and documents required by the terms of thc Granr Agreement and providing them to the GWMA lor processing and State reimbursement. and giving all notices necessary, and incidental for the Projec( as required under the rerms of the Granr Agreement. L2 Compliance w,ith Grant Asreement. As the primary Sub-rccipient of the Grant. Bell Gardens shall compll *'ith all provisions of the Crant Agreement imposed on CWMA as the Recipient under the Grant Agreement. Bell Cardens shall use the funds received pursuant to the Crant Agreement solell' to rcimburse the actual expenses incurred by Bell Cardens to implement the Project. Bell Cardens shall apply the funds only to eligible Projecr costs as specified in the Grant Agreement. l166-l-0001\l ll ilo'l\ I dm Page 3 of 3l 1.3 Failure to Comply with Crant Asreement. In the event that the State Water Board determines GWMA has failed to comply with any of its obligations under the Crant Agreement due to an action or a failure to act by Bell Gardens. Bell Gardens will be solely responsible for complying with any State Water Board demands. determinations. fines or other such actions or penalties initiated by the State Water Board because of the failure to comply w.ith the Grant Agreement by Bell Gardens. No non-breaching Party shall be in any way responsible for satisfying any State Water Board demands made in response to a violarion of the terms of the Crant Agreement or this Agreement by Bell Gardens. I .3. I GW MA and the State Water Board may rvithhold all or any ponion of rhe Grant Funds in the event that Bell Cardens has violated. or threatens to violare. any terrn. provision, condition or commitment of the Crant Agreement. or Bell Gardens fails to maintain reasonable progress to\!ards completion of thc Project as provided in the Grant Agreement. provided that GWMA first provides Bell Gardens u'ith *rinen notice describing the factual basis for vrhich Bell Cardens has not maintained reasonable progress to\ "rds completion and a seven (7) dal period to cure an) such failure to make reasonable progress on rhe Projecr. 1.3.2 If Bell Gardens defaults under any term of this Agreernent or of rhe Grant Agreement. or Bell Gardens takes an action or actions that causes CWMA to default under the Grant Agreement. GWMA shall promptll. notif! Bell Cardens in writing of any alleged defaulr under this Agreement or Grant Agreement and Bell Gardens shall have rhir$.(30) da1,s from the date that Bell Gardens receives the xritren notice of default ro cure said defaul(s) (-Cure Period"). unless the State Water Board imposes a shorter Cure Period on GWMA. in rvhich case the shorter Cure Period u,ill control. or unless GWMA and Bell Cardens agree to a longer Cure Period. lf Bell Cardens fails to timely cure rhe noriced defaul(s) during the Cure Period, GWMA r:66r-000i': r-lll0l\ r doc Page4of3l may immediately terminate this Agreement, and Bell Gardens shall forfeit ie right to any granr funds. shall not be entitled to reimbursement for any of Bell Gardens' costs for the Project, and shall rcpay to GWMA any funds GWMA is required to pay ro rhe State Water Board. In such event. Bell Gardens shall pay to cwMA the local match paid by each other Sub-recipient and received by Bell Gardens and CWMA shall return those funds to the other Sub-recipients. 1.4 lncome Restrictions. Bell Cardens shall pay to CWMA any refunds, rebates. credits or other amounts (including interest thereon) accruing to or received by Bell Gardens, to the extent that they are properll, allocable to funds Bell Gardens received from GWMA under this Agreement and *,hich GWMA is obligated ro pa)., to the Stare Water Board. Bell Gardens shall also pay to GWMA the local match paid by the other Sub-recipients for the funds GWMA is required to retum ro the state water Board. cwMA shall thereupon return the local match lunds to each other Sub-recipient. 1.5 Compliance u'ith Law. ln the perlbrmance of this Agreement. Bell Gardens shall cornpll' u ith all applicable ordinances. resolutions. statutes. rules and regulations of any federal. state or local govemment agency. 1.6 Compliance r,r'ith the Califomia Environmental Oualitv Act C.CEeA"). The Project is a project under CEQA. Bell Gardens shall comply with CEeA and related Grant Agreement requirements in rhe implementation of the Project. Work on the Project shall not commence until the State Water Board has revierved and given environmental clearance to Bell Gardens' CEQA documentation. Bell Gardens shall serve as lead agency for purpose of environmental review and shall retain necessary environmental services in connection rvith environmental review and preparation ofthe applicable GEQA documents. Bell Gardens may l:6614fl)lU ll3l0lr I doc Page 5 of 3l use Grant Funds to pay costs, except litigation costs. in connection with or arising out ofCEQA compliance to the extent permitted under the Grant Agreement. This Agreement shall in no way commit or be construed to commit Bell Cardens to approve the Project. award any contract in connection with the Project. or approve any entitlement required under the Bell Gardens Municipal Code. Moreover. rhis Agreement shall not limit the scope of the CEQA analysis. including but not limited to projecr mirigation measures and the consideration of project alternatives. including a no-project altemative. The provisions of this Agreemenl shall not in any way limit. hinder or affect the discretion of Bell Gardens to review CEQA documents and impose mitigation measures. alter a project. or deny a project in consideration of adverse environmental impacts to the extent permitted in the Crant Agreement. Bell Cardens shall retum to GWMA anv Crant and match funds received by Bell Gardens that G\l'MA is obligated to return to the State Water Board as a result of tlell Cardens not completing thc Project as a result of the CI-.QA rer ierv. 1.7 CEOA Indemnification. ln the evcnt anS litigation is initiated against Bell Gardens or C\l'MA challenging any' procedural or substantive aspect of Bell Gardens' environmental documents. review. or approvals in connection \\ith the Project. the Sub- recipients shall pay their proportionate share of the costs to defend. indemnify. and hold hannless Bell Gardens. and. if applicable. GWMA. and their elecred and appointed officials. agenrs. officers from an1 claim. action. or proceeding (collectivell'relerred to as "Proceedings") brought against Bell Gardens or GWMA. their elected and appointed officials. agents. ofTicers. or employees arising out of. or which are related to the review and approval ofthe Project by Bell Gardens. including under CEQA. The indemnification shall include. but is not limited to. damages. fees and/or costs arvarded against Bell Cardens or GWMA. if any, and cost of suit, I :66.1-000.]\: I.ll.l0l\ I dh- Page6of3l attomey's f,ees. and other costs, liabilities, and expenses incurred in connection r.r,ith the proceedings. This indemnity provision shall include the other Sub-recipients' obligations to pay their share of Bell Gardens' obligations and. if applicable. GWMA's costs, fees. and damages that Bell Gardens and GWMA incur from enforcing the indemnification provisions set forth herein. Each Sub-recipient's individual share of said fees, costs, or exp€nses shall be calculated in accordance with each Sub-recipient's individual percentage share as calculated in Exhibit B. 1.8 Aoprovals. Entitlements and Permits. Bell Gardens shall obtain all necessary approvals. entitlements and permits and provide copies to GWMA prior to commencement of the Project construction. lf the Project is carried out on lands not owned by Bell Cardens. Bell Gardens shall obtain adequate rights-of-way for the useful life of the Project. Revien or approval of Project applications. contracts. documents. permits. plans and specifications or other Project information b1'the Srate Water Board and CWMA is for administrative purposes onl1. and does not relieve Bell Gardens of its rcsponsibility' to properll plan. design. construcr. operate. maintain. implement and otheru.ise carry out the Project. 1.9 Ooerations and Maintenance. Bell Gardens shall maintain and operale the Project throughout its useful life as required in the Crant Agreemcnt and WMP. and the costs associated with operating and maintaining the Project shall be paid b1 each Sub-recipienr in accordance uith each Sub-recipients' individual Percentage Share lor the useful life ofthe Project as defined in the Crant Agreement. For purposes of this Agreement. the "useful tife" of any constructed portions of the Project begins upon completion of construction and continues until 20 ),ears thereafter. The Sub-recipients shall enter into a separate Memorandum of Undersranding within one hundred eighty (180) days follorving the Effective Date of this Agreement ourlining rhe parties' rights and obligations with respect to continued operation and maintenance of rhe | 166.1-000lUl llJ(,1\ I do( PageTof3l Project. In no circumstances shall CWMA be liable for any cost of such maintenance. management or operation. Bell Gardens may be excused from operations and maintenance only upon the written approval ofthe State Water Board or such other entity to *.hich this authority is transferred. For purposes of this Section 1.9. operation includes direct costs incurrcd for material and labor needed for operations. utilities. insurance and similar expenses. Maintenance costs include. but are not limited to. costs related to inspections, ordinary repairs. and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures. and rhe expenditure of funds necessary to replace or reconstruct the Project if required by the Grant Agreement. l.l0 Continuous Use ofProject: Lease or Disposal of Project. Bell Gardens. except as other*isc provided in the Grant Agreement. shall not abandon. discontinue use of. lease or disposc of the Project. or lail to mainmin any signilicant pan or portion ofthe Projecr thereof during its useful life. l.ll Cost Overruns. At no time shall CWMA be liable for an1 cost associated sith the Project except lor those resulting from GWMA's negligence. Bell Cardens shall be solel.v., responsible for cost overruns orher than those caused b1 GWMA and shall complete the Project even if the Grant funds are insufficient to cover all costs rcquired b1' the Grant Agreement. 1'o the exlent that overrun costs are unforeseen and outside of Bell Cardens' control and not covered by Grant and local match funds. Bell Gardens shall complete the Project to the extent required under the terms of the Crant Agreement. ln such case. the Sub-recipienrs shall contribute funds suflicient to cover such cost overruns in accordance u ith each Sub-recipients' Percentage Share. To the extent provided in the Crant Agreement. Bell Cardens and its Sub-recipients shall be l166l-m0l\: lll-r(ll! I dh.. Page8of3l solely responsible for any costs associated with the Project in the evenr that the grant funds are not forthcoming for any reason other than GWMA's negligence. l.l2 Accountins Procedures. CWMA and Bell Gardens shall comply with the follou'ing accounting procedures in the performance of this Agreement in addition to those required in the Grant Agreement: l.l2.l Establish an oftlcial file for the Project that adequately documents all significant actions relative to the Project: 1.12.2 Establish separate accounrs that adequatell. and accurately depict all amounts received and expended on rhe Project. including all ponions of granr funds received under this Agreement: I . 12.3 Establish separate accounts that adequatell depict all income received that is attributable 10 the Projecl. especially including an1, income attributable to ponions of sranl hrnds disbursed under this Agreement: 1.12.4 Establish an accounting syslem thal will adequatell, depict final roral costs ofthe Project. including both direct and indircct costs: | . 12.5 Establish such accounts and maintain such records as may be necessary to fulfill reponing requirements. including an; and all reporting requirements under srare tax statutes or regulations; and | 166.1 -fi)01'J I lllOj\ | doc Page9of3l 1.12.6 lf a F'orce Account is used for any phase of the Project. establish an account that documents all employee hours and associated tasks charged to the Project per employee. I .13 Site lnspections. The State Water Board. the Bureau of State Audits, CWMA. all Sub-recipients or any authorized representative of the forcgoing. shall have suitable access to the Project site at all reasonable times (primarily during business hours) during Project implementation and thereafter for the useful lile of the Project to ascertain compliance *,ith the Grant Agreement and its goals. 2. GWMA OBLIGATIONS 2.1 Grant Administration. GWMA shall administer the Grant Agreement and serve as the intermediarr belneen the State Water Board. Bell Gardens. and the other Sub-recipient cities. CWMA shall also collect match funds and disburse them at the times payments are due to Elell Gardens. 2.2 Pa.r ment of'Funds. Bcll Gardens shall prepare staremcnts sho\.\ing its Pro.ject costs and submit them on a bi-monthly basis to CWMA in accordance rith rhe Crant Agreement requirements. Upon Bell Gardens'compliance u.ith the requirements set fonh in this Agreement and the Grant Agreement. GWMA shall rsithin l0 calendar days of receiving bi-monthly invoice slatements (using forms supplied b1 the State Water Board rvirh supponing backup documents) and the accompanling Progress Repon (using the format supplied by the State Water Board), apply to the State Water Board for reimbursement of the Projecr costs incurred. Within 30 calendar days of GWMA's receipt of funds for the Project costs from the State Water Board. I266.1-000i[ l.li10i\ I doc Page l0 of 3l GWMA shall reimburse Bell Gardens in an amount equal to the reimbursed funds received from the State Water Board. 2.3 Insufficient Funds. Reimbursement. if any. to Bell Cardens and the Sub- recipients by GWMA is conditioned upon receipt of the Grant funds by GWMA from the State Water Board and obtaining all required approvals from the State Water Board, including environmental clearances. Ifthe Grant funds are not forthcoming from the State Water Board for any reason except the negligence of GWMA. GWMA shall not have any obligation to reimburse Bell Cardens and the Sub-recipients through any other source of funds. lf the Grant funds are reduced by the State Water Board for any reason, Bell Cardens and the Sub-recipients. to the extent the Grant Agreement requires the Project to be completed u,ith non-granr funds. shall contribute additional funds to cover any Project cost shortfall resulting from the reduction of Crant funds bl thc State Water Board in accordance uith each Sub-rccipients' individual perccntagc share ofthe Project as calculated in Exhibit B necessarl to complete the Project. and GWMA shall not have any obligation 1o reimburse Bell Gardcns and Sub-recipients for such additional funds. 3. GENERAL PROVISIONS 3.1 Independent Contractor. Bell Cardens is. and shall at all times remain as to GWMA and to the other Sub-rccipients. a u'hol11 independent contractor. Bell Cardens shall have no power to incur any debt. obligation or liability on CWMA's behalf or on behalf of any other Sub-recipient under this Agreement. Neither GWMA nor any of irs agents or any of the Sub-recipients shall have control over the conduct of Bell Gardens or any of Bell Gardens' employees. except as set forth in this Agreement. Bell Gardens shall fully compll, u.ith the worker's compensation laws rcgarding Bell Gardens' employees. Bell Gardens shall indemnify I 2661-000]\: l{ll0l\ I de- Page ll of 3l and hold GWMA. the State Water Board and all Sub-recipients under this Agreemenr harmless from any failure of Bell Cardens to comply with applicable r*.orkers' compensation laws. 3.2 Bell Gardens Representative. The Representative for Bell Cardens shall be the City Manager or such person as may be designated by the Ciry Manager in writing. GWMA shall refer any decisions that must be made by Bell Cardens to the Bell Cardens Representative. Any approval b1' Bell Gardens required under this Agreement shall mean the approval ofthe Bell Gardens Representative. unless the Bell Gardens Representative informs CWMA that the decision must be made by the Bell Gardens Ciry Council. 3.3 GWMA Reoresentative. The GWMA Representarive shall be the Flxecutive Oflicer. or such person as may be designated by the Executive Officer in writing. lr shall be Bell (iardens' responsibilitl to ensure that the CWMA Representative is kept informcd of the progress of the performance of the Project and Bell Gardens shall refer an1, decisions that must be made by GWMA to the GWMA Representative. Any approval b1 GWMA rcquired under this Agreement shall mean the approval of the CWMA Representative. unless rhe GWMA Representative informs Bell Gardens that the decision must be made b1,the Board of Directors. {. LOCALMATCH 4.1 Deposit and Pa.vmenr of Local March. Wirhin 30 days lbllowing the EtTecrile Date of this Agreement (as defined under Section 6.1 belou). each Sub-recipienr shall deposir its share of the local match with GWMA along rvith a three percenr GWMA administrative t'ee in accordance *'ith Exhibit B. On each anniversarl thereafter. if applicable. each Sub-recipienr shall deposit with CWMA the next annual pa)menr of its local match and GWMA administratiye fee. With respect to Bell Gardens only. Bell Cardens' local march obligarion may be satisfied b1. l166.l-ffnlu llll0lr I ds^. Page l2 of3l the contribution of in-kind services. property. or supplies as permitted under the Grant Agreement. Bell Gardens' in-kind contributions shall be detailed in the statements sent to GWMA pursuant to Section 2.2 and shall include a dollar amount and description of the in-kind contribution, the remaining agreed upon value of which shall be credited or refunded to Bell Cardens whichever the case may be upon approval by the State Water Board. 4.2 Retum of Local Match. In the event the Project is constructed for less than the budgeted sum. or this Agreement is terminated. CWMA shall retum to each Sub-recipient its respective percentage share of the remainder of the-unexpended and unencumbered local match r.r'ithin 30 days from the date of filing the notice of completion for the Project. 4.3 Remedies for Failure to Contribute Local Match and F'unds. lf any Sub-recipient (the "Non-Contributing Sub-recipient") fails lo timely pay' all or any ponion oI the local match or contingencl, fund rcquired pursuant to this Agreement 30 da-\'s follor+.ing receipt of rvritten noticc lrom GWMA. such Non-Contributing Sub-recipient shall be rerminated from this Agreement and shall be deemed non-partic ipatory in the construction in the John Anson liord Park Infiltration Cistern System. Phase I Project. 5. PROVIDE REPORTS, AUDITS, RECORDS, INSPECTIONS AND REVIEWS 5.1 Reports. Bell Gardens shall prepare and GWMA shall foruard progress reports that must accompan)'each bi-monthll' reimbursement request ro rhe State Water Board to fulfill CWMA's reporting obligations under the Grant Agreement. Bell Cardens shall assist GWMA by providing all requested documentation for CWMA to submit the project reports. 6.TERM 12661-0001U ltl.l0l\ I d,r. Page l3 of3l 6.1 Term. This Agreement shall commence on the Effective Date and shall continue through the date of filing the notice of completion plus 20 years for maintenance, unless earlier terminated in accordance *,ith Section 8.3 of this Agreement. For purposes of this Agreement. the Effective Date shall be the dare on which the final Sub-recipient duly executes this Agreement. 7. INSURANCE AND INDf,,MNIFICATION 7.1 Insurance. As required by Section 4(h) of Exhibit D ofthe Grant Agreemenr. Bell Gardens agrees to maintain sulTicient insurance coverage considering the scope of this Agreement and the Project including. fbr example. but not necessarily limited to: Ceneral I-iability. Automobile t-iabilitl', Worker's Compensation and Employer's t-iability. and Professional l-iability. 7.2 lnsurance. As required by Section 2l of Uxhibit C of the Cranr Agreement. Bell Gardens uill procurc and maintain or causc to be maintained insurance on the Project $ith responsible insurers, or as part ofa reasonable systern of self-insurance. in such amounts and against such risks (including damage to or destruction of the Project) as are usually covered in connection sith systems similar to the Project. Such insurance ma1, be maintained by the maintenance of a self-insurance plan so long as an1' such plan provides for (i) the establishment by Bell Gardens of a separate segregated self-insurance fund funded in an amount determined (initially and on at leasr an annual basis) by an independent insurance consultant experienced in the field of risk management employ'ing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the Project caused by the perils covered by such insurance. the net proceeds thereof shall be applied to l166l'000i[ I11]01\ I do(' Page l4 of3l the reconstruction, repair or replacement of the damaged or destroyed portion of the Project. Bell Gardens shall begin such reconstruction. repair or replacement as expeditiously as possible. and shall pay out of such net proceeds all costs and expenses in connection with such reconstruction. repair or replacement so that the same shall be completed and the Project shall be free and clear of all claims and liens. During construction and throughout the useful life of rhe Project, Bell Gardens shall provide and maintain the insurance against fire. vandalism and other loss. damase or destruction of the Project: 7.3 Memorandum of Proiect Coveraee. Bell Cardens shall file with GWMA. upon the execution of this Agreement. a memorandum ol'coverage issued by the California Joint Powers lnsurance Aurhority. or the equivalent as accepted by GWMA's Risk Manager. thar shall provide proof of insurance and provide that notice of cancellation shall be provided to rhe other Sub-recipients and GWMA. 7.4 Additional lnsured Reouiremenrs. The insurance coverage shall provide (i) that the coveraBe shall extend to CWMA. each Sub-recipient and each of their respectivc oflicers. agents. emplo)'ees and volunteers and ( ii) that the coverage shall operate as primary coverage. 7.5 Coveraee Requirements. Bell Gardens shall require each consultant or contractor rerained by Bell Gardens to implement the Project to obtain liabilitl, coverage ar leasr as comprehensive as required under this Section 7 of this Agreement for Bell Cardens and shall require GWMA. each Sub-recipient and each of their respective ofTicers. agents, employees. and volunteers to be named as additional named insured on such coverage. Bell Gardens shall also require each consultant and contractor to obtain u'orkers' compensation coverage in not less than the minimum rcquired under Califomia law. 1266t-ofi)l'J l.tlJ{)l\ I doc Page l5 of3l 7.6 Aporoval of lnsurance Policies. The specific levels and coverages of the insurance policies shall be subject to the reasonable review and approval ofthe Executive Oflicer of GWMA. 7.7 lndemnification. Notwithstanding Government Code Section 895.2, no Party nor any officer or employee of any Pany shall be responsible for any damage or liability occurring by reason of any act or omission on the pan of another Party under or in connection with any work. authority. or jurisdiction delegated to. assumed by, or determined to be the rcsponsibility of the other Party under this Agreement. lt is also understood and agreed that. pursuant to Government Code. Section E95.4. each Pany shall fully indemnify. defend. and hold the other Panies harmless from any liability imposed for injury (as defined by Govemmenr Code, Secrion 810.8) occurring b1' reason ofany act or omission on the part of that Party under or in connection uith any'rvork. authorit;-. orjurisdiction delegated to or determined to be the responsibility. of that Party under this agreemenl. Where liability for injury (as defined b1' Government Code. Section 8 I 0.8; is sought to be imposed under Section 83O. et :teq.. of the Govemment Code for a dangerous condition of'property ouned by or underthe control ofany Pany. thar Party shall fully de'fend. indemnifly. and hold the other parties harmless from any and all liabilitl arising from such dangerous condition. The provisions of this Section 7.7 shall survive the expiration or termination of th is Agreement. 8. ENFORCENIENTOFCONTRACT 8.1 Applicable Lau. This Agreernent shall be construed and interprcted both as to validity and to performance of the parties in accordance u'ith the larvs of the State of California and the United States. as applicable. Legal actions conceming any dispute. claim or matter I l66t -0001U I .ll.l0l\ I doc Page l6 of 3l arising out of or in relation to this Ageement shall be instituted in the Superior Coun of Los Angeles, State of Califomia, the United States District Court. or any other appropriate court in Los Angeles County. Pending the resolution of disputes arising under this Agreement by the panies or a court of competent jurisdiction, Bell Gardens shall continue to fulfill and comply with all the terms. provisions, commitments and requirements of this Agreement. 8.2 Assienment. Bell Gardens shall not assign this Agreement. either in whole or in part. uithout CWMA's prior wrirten consent. 8.3 Termination. GWMA may immediately terminate this Agreement by giving \.\'ritten notice to Bell Cardens and the other Sub-recipients if GWMA receives notice from the State Water Board that the Grant Agreement has been terminated. IIGWMA fails to perform its obligations under the Agreement. any Sub-recipient can terminate this Agreement with respect to that pan)- by giving 30-day advance written notice to cure the violarion ro CWMA s.ith copies to the other Sub-recipients. ln the event GWMA does not cure the violation u,ithin the cure period. the Agreement uill be terminated with respect to that Sub-recipient on rhe 30th day. 8.4 No Third Partv Riehts. 1-he parties to this Agreement do not create rights in. or grant remedies to, an1, third party as a beneficiarl, of this Agreement. or of an). dut).. covenant, obligation or undertaking established in rhis Agreement. 8.5 Except u,ith respect to rights and remedies expressll' declared to be exclusive in this Agreement. the rights and remedies of the Panies are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it. at the same or different times. ofany other rights or remedies for the same default. or any other defaulr by the other Panies. 12661-000iJ Ililoi\ I doc Page l7of3l 8.6 Leeal Action. In addition to any other rights or remedies, any party may take legal action. in law or in equity. to cure. correct or remedy any default, to recover damages for any default, to complete specific performance of this Agreement. to obtain declaratory or injunctive relief. or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Attomevs' Fees. If any party to this Agreement is required to initiate or defend or is made a party to any action or proceeding to enforce the terms ofthis Agreement. the prevailing party in such action or proceeding. in addition to any other relief thar may be granted, u,hether Iegal or equitable. shall be enrirled ro actual auomeys' fees. Attomeys' fees shall include attomeys' fees on any appeal. and in addition a party entitled to attomeys' fees shall be entitled to all other costs for investigating such action. taking depositions and discovery and all other costs incurrcd in such litigarion. 8.8 Related l-itieation. Under no circumstances may Bell Cardens use any portion of the Crant l:unds to pay costs associated n ith any litigation related to the Grant. 9. MISCEI,LANE,oUSPROVISIONS 9.1 Nondiscrim ination. During rhe performance of this Agreement. Bell Cardens and its contractors and subcontractors shall not unlaufulll discriminate. harass. or allou harassment against any employee or applicant for employment because ofsex. race. color. ancestrv. religious creed. national origin, sexual orienration. physical disabiliry (including lllV and AIDS). menral disability. medical condition (cancer). age (over 40). marital status, denial of family care leave. or genetic infbrmation. eender. gender identitl . gender espression. or military and \ eteran slatus. I 16'6.r -0001\2 l.l l.l0lr I dG.. Page l8 of 3l Bell Gardens, its contractors. and subcontractors shall ensure that the evaluation and treatment of their employees and applicants lor employment are free from such discrimination and harassment. Bell Gardens. its contractors. and subcontractors shall comply with the provisions of the Fair Employment and Housing Act and the applicable regulations promulgated thereunder. (Cov. Code. $ I 2990, subds. (a)-(0 et seq.: Cal. Code Regs., tir. 2. g 7285 et seq.) Such regularions are incorporated into this Agreement by reference and made a pan hereofas if set forth in full. Bell Cardens. its contractors. and subcontractors shall give rvritten notice of their obligations under this clause to labor organizations with rrhich they have a collective bargaining or other agreement. Bell Gardens shall include the nondiscrim ination and compliance provisions of this clause in all subcontracts to perlorm *'ork under this Agrcement. 9.2 lleadines. The hcadings in this Agreement are included solely for convenience of reference and shall not affect the interpretarion ofany provision of this Agreement or an1 ofthe rights or obligations ol the parties ro this Agreemenr. 9.3 Word Usage. Unless the context clearly requires othenvise. (a) rhe words "shall." "will" and "agrces" are mandatory and "ma1," is permissive: (b) "or" is not exclusive: and (c) "includes" or "including" arc not limiting. 9.4 lnterpretation. The terms of this Agreement shall be constnred in accordance with the meaning ofthe language used and shall not be construed for or against either party by reason l:661-000.1U lJl.l0.]\ I dG.^ Page l9 of 3l of the authorship of this Agreement or any other rule of construction which might otherr,!.ise apply. 9.5 Intesration: Amendment. It is understood that there are no oral agreements between the parties of this Agreement aflecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations. arangements, agreements and understandings, if any, between the parties. and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the panies in writing. 9.6 Time of the Essence. Time is of the essence with respect to all provisions within th is Agreement. 9.7 Severabilitv. lf a court of competent jurisdiction holds any provision of this Agreement to be illegal. invalid or unenlorceable lbr anl reason. the validity of and enforccability of the remaining provisions of this Agreement shall not be afl'ected and conrinue in full force and efl'ect. The Parties are signing this Agreement on the date stated in the introductory clause. Isignatures begin on next pagel rl1(,r-0001\: lrI03\ I dG-. Page 20 of 3 I Br GWMA Los Angeles Gateu,ay Region Integrated Regional Water Management Joint Powers Authority. a Calilornia Joint Porers Authoritr By: Name: Title: A1-I'EST: APPROVI]D AS'I'O TJORM: Name: Title: Name: 'I it lc: B), Il66l'000i\: Illr0lr I doc Page 2l of3l B:": Bell Gardens City of Bell Gardens. a Califomia municipal corporation Name: Title: A I I'l:S'l': Name: 'l itle: APPROVI--I) AS 1'O TJORM: Name: l'it le: tlv: B)': ll66]-0ml'J llljol\ I doc Page 22 ol3 I City of Bell. a California ATTEST: By: By, B), Name: Title: Name: l itle: APPROVlll) AS I'O FORM: Namc: .l itlc: I 266.1-0001U I Jl.l0l I I do. Page 23 of 3 I City of Commerce, a California ATTEST: B)': By, B), Name: Title: Name: -l itlc: APPROVI]D AS-I'O FORM: Name: -l'itle: I l66l-ffnl\l I llr0l\ I doc Page 24 of 3 I City, a Cal By: - of Cudahy, Name: Title: ATTEST: By, Name: f itle: PP )': .B ROVtrl)ASlOl'OR!l: Name: 1-itle: l:66.1-000iU ll.].l0lr I doc Page 25 of 3 I City of Huntington Park, a Calilornia ATTEST: By, B), B)', tr'ame: Title: Name: Title: APPROVI--D AS 1'O FORM: Name: 'l'itle: r 2661-0001\: I 1i.lot r r do( Page 26 of 3 I City of Maywood, a California Name Title: ATTEST: By: By: I31 : Name: Title: APPROVI:l) AS'l.O IORM : Name: -l-itle: I 266j-ff)01\l I { i.r(ll\ I do( Page 27 of 3 I City of Vemon. a California chaner city ATTEST: By, B): []v : Name: Title: Name: 'l itle: APPROVI:t) AS'l'O FOR!l : Name: Title: l:66.1{nol\l lll{0lr I do( Page 28 of 3 I EXHIBIT A GRANT AGREEMENT (Attached) Il66]-ffnj\: l.ll.l0l\ I doc A-l PRAP I.r-14-wy.rFlJgIP.?911 PROPOSITION 1 STORII' WATER GATEWAY WATER MANAGEMENT AUTHORIry AND CALIFORNIA STATE WATER RESOURCES CONTROL BOARD Water Boards GRANT STORM WATER IMPLEMENTATION JOHN ANSON FORD PARK INFILTMTION CISTERN: PHASE I AGREEMENT NO, D17'12668 GMNT FUNDS: S9,904,842 ELIGIBLE START DATE: OECEMBER 1,2017 WORK COMPLETION DATE: MARCH 31, 2021 FINAL DISBURSEMENT REQUEST DATE: APRIL 30,2021 RECORDS RETENTION TERM END OATE: MARCH 31, 2057 Gateway Water Management Authority Agreement No. O1712ffi Page 2 of 30 \A/I-IEREAS, 1. The State Water Board is authorized to provide funding under this Agreement pursuant to the following: . Proposition 1 Storm Water - Section 79747 of the Water Code (Prop 1) 2. The State Water Board determines eligibility for financial assistance, determines a reasonable schedule for providing financial assistiance, establishes compliance with Prop 1, and establishes the terms and conditions of a funding agreement. 3. The Recipient has applied to the State Water Board for funding for the Project described in Exhibit A of this Agreement, and the State Water Board has selected lhe application for funding through a competltive process. 4. The State Water Board proposes to assist in funding the costs of the Project, and the Recipient desires to participate as a recipient of financial assistance ftom the State Water Board, upon the terms and conditions set forth in this Agreement, all pursuant to Prop 1. NOW THEREFORE, in consideration of the premises, mutual representations, covenants and agreements in this Agreement, the state water Board and the Recipient, each binding itsell its su@essors and assigns, do mutually promise, covenant, and agree as follo rs: 1. Oefinitions Unless otheMise specified, each capitalized term used in this Agreement has the following meaning. "Agreement" means this Grant Agreement, including all exhibits and attachments hereto 'Authorized Representative' means the duly apF,ointed representative of the Recipient as set frcrth in the certified original of the Recipient's authorizing resolution that designates the Authorized Representative by title. "Days" means calendar days unless otherwise expressly indicated. 'Disbursement Period'means the period during which Grant Funds may be disbursed. 'Disbursement Request" means the form used by the Recipient to document Match Funds and request reimbursement of Prolect Costs. "Division" means the Division of Financial Assistance of the State Water Board or any other segment of the State Water Board authorized to administer the funding program(s) set forth in this Agreement. "Eligible Start Oate" means the date set forth in Exhibit B, establishing the date on or afrer which reimbursable Prorect Costs may be incurred and eligible for reimbursement hereunder. "Final Disbu6ement Request Date' means the date established in Exhibit B, after lvhich date no further Grant Funds disbursements may be requested. "FiscalYea/ means the period of twelve (12) months terminating on June 30 of any year. "Force Account" means the use of the Recipient's own employees or resources for the Project. Gateway Water Management Authority Agreement No. O'1712ffi8 Page 3 of 30 'GMP" means generally accepted accounting principles, as issued by the Govemmental Accounting Stiandards Board. "Grant Contacf means the employee ofthe Recipientwho has been delegated by the Project Director to oversee the day-to-day activities of the Project "Grant Funds'means funds provided by the State Water Board towards eligible reimbursable Project Costs. 'Grant Manage/ means the person designated by the State Water Board to manage performance of the Agreement. "Guidelines" means the State Water Board's "Proposition 1 Storm Water Grant Program Guidelines," as amended from time to time. 'lndirect Costs' means those costs that are incurred for a common orjoint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e., costs that are not direcuy related to the Project). Examples of lndirect Costs include, but are not limited to. central service costs; general administration of lhe Recipient, non-project-specific accounting and personnel services performed within he Recipient's or.ganization: depreciation or use allowances on buildings and equipment: the costs of operating and maintaining non-proJect-specific facilities; tuition and conference fees; generic overhead or markup; and taxes. 'Match Funds' means funds provided by the Recipient towards the POect Costs incurred afler November 4, 2014. "Party Contact' means, for the Recipient, the Authorized Represeniative of the Recipient or any designee of the Authorized Representative, and, for the State Water Board, the Grant Manager. "Project' means the Project as described in Exhibit A and in the documents incorporated by reference. "Project Completion' means, as determined by the Division, that the Project is complete to the reasonable satisbction of the Division. 'Prolect Costs' means the incurred costs of the Recipient which are eligible under this Agreement, which are allowable costs as defined under the Guidelines, and which are reasonable, necessary and allocable by the Recipient to the Project under cMP. "Project Directof means an employee of the Recipient designated by the Authoized Representative to be responsible for the overall management of the administrative and technical aspects of the executed Agreement. The Prolect Director is set forth in Section 2 of this Agreement. 'Recipient" means Gateway Water Management Authority. "Regional Water Ouahty Control Board' or "Regional Water Board" means the appropriate Regional Water Quality Control Board. "State" means State of California. "State Water Board" means the California State Water Resources Control Board, an administrative and regulatory agency of the State of California. Gateway Water Management Authority Agreement No. D1712668 Page 4 of 30 "Technical Advisor' means the person designated by the Los Angetes Regional Water Quality Control Board to provide technical advice on the Poect. The Technical Advisor is set forth in Section 2 ofthis agreement. "Work Completion" means the Recipient's submittal of all work set forth under Exhibit A for review and approval by the Division. The Division may require corrective work to be performed prior to project Completion. Any work oc.urring after the Work Completion Date will not be reimbursed under this Agreement. "Work Completion Date' means the date set forth in Exhibit A that is the last date on which Project Costs may be incurred under this Agreement. "Yeaf means calendar year unless otheMise expressly indicated. 2. Party Coniacts The Party Contacts during the term of this Agreement are: State Gateway Water Manaqement Authoritv Section:Division of Financial Assistance Section lme Spencer Joplin, Grant Manager Name Grace Kast, Proiect Director 1001 I Street. 17th Floor Address: '16401 Paramount Blvd Clty, State, zio. Sacramento, CA 95814 City, State, Zip. Pa.amount. CA , 90723 Phone:(916) 341-5636 Phone:626-485-0338 Fax'.(916) 341-5296 Fax: Email:Spencer Jophn@waterboards.ca.qov Email: Gracekast qateway@omail.com Direct inquiries to: State Water Board Gateway Water Management Authority Section:Division of Financial Assistance Section: Name:Blair Mclntosh, Program Analyst Name:Chau Vu, Grant Contact Addressl 1001 I Street, 175 Floor Address:16401 Paramount Blvd City, State, Zio: Sacramento, CA 95814 City, State, Zip: Paramount, CA , 90723 Phoner (916) 322-1409 Phone.562-334-1790 Fax'.(916) 341-s296 Fax 562-806-7789 Email:Blair.Mclntosh@waterboards.ca.oov Email:cvu@bellgardens.org Gateway Water Management Authority Agreement No_ D1712668 Page 5 of 30 The Recipient may change its Proiect Director upon writlen notice to the Grant Manager, which notice shall be accompanied by authorization from the Recipient's Authorized Representative. The State Water Board will notify the Project Director of any changes to its Party Contacts. 3. Exhibits dnd Appendices lncorporated The follorving exhibits and appendices to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part ofthis Agreement: EXHIBIT A - SCOPE OF WORK EXHIBIT B - FUNDING PROVISIONS EXHIBIT C - STANDARD TERMS AND CONOITIONS 4. Recipient Representations and Commitments The Recipient represents, wanants, and commits to the following as of the date signed by the Recipients Authorized Representawe and continuing hereafrer for the term of this Agreement: (a) General Commitments, The Recipient accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and to fullill all assurances, declarations, representations, and commitments made by the Recipient in its application, accompanying documents, and communications ,lled in support of its request for financial assistance and throughout the term of this Agreement (b) Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized. This Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law. (c) No Violations. The execution, delivery, and performance by the Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereol or result in any breach or defuult under any contract, obligation, indenture, or other instrument to which the Recipient is a party or by which the Recipient is bound as of the date set forth on the first page hereof. (d) No Litigation. There are no pending or, to the Recipient's knowledge. threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the linancial condition or operations of the Recipient, and/or the Project. (e) Solvency. None of lhe transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of the Recipient. As of the date set forth on the flrst page hereof, the Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to pay its debts as they become due. (D Legal Status and Eligibility. The Recipient is duly organized and existing and in good standing under the laws of the State of Califomia, and will remain so during the term of this Agreement. The Recipient shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. The Reciplent shall maintain its ellgibility for funding under this Agreement for the term of this Agreement. Gateway Water Management Authority Agreement No. D1712668 Page 6 of 30 (g) Good Shnding. The Recipient is curenty in compliance with he Sbte requiremenb set forth in Exhibit C. \Mthin the preceding ten years, the Recipient has not failed to demonsfate compliance with previous State audit disallo^rances. (h) lnsurance. The Recipienl rnaintains suffcient insurance coverage @nsidering the scope of this Agreement including, for e)€mple, but not necessarily limited to: General Liability, Automotrile Liability. Worke/s Compensation and Employe/s Liability, and Professional Liabilrty. 5. Prqect Completion The Recipient shall expeditiously proceed with and complete the Project in accordance with this Agreement. 6. Notice (a) The Recipient shall notify the Division in Miting wilhin fve (5) working days of the occunence of the following (1) Bankruptcy, insolvency, receivership or similar event of the Recipienti or (2) Actions taken pu6uant to State law in anticipation of filing for bankruptcy. (b) The Recipient shall notify the Oivision within ten (10) working days of any litigation pending or threatened against the Recipienl regarding its continued existence, consideration of dissolution, or disincorporation. (c) The Recipient shall notify the Division promptly of the followrng: (1) Any proposed change in the scop€ ofthe Project. Under no circumstances may the Recipient make changes to the scope of the ProJect without receiving prior review and approval by the Oivision. Most changes will require an amendment to this Agreement; (2) Cessation of work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more; (3) Any circumstance, combination of circumstances, or condition, which is expected to or does delay Work Completionl (4) Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Recipient agrees that allwork in the area ofthe find will cease until a qualifled archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource, The Recipient agrees to implement appropriate actions as directed by the Division; (5) Any monitoring activities such that the State Water Board Division of Drinking Water and/or Regional Water Board staff may observe and document such activities; (6) Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by State representatives with at least ten (10) working days' notice to the Division; or (7) Work Completion and Prqect Completion. Gateway Water Management Authority Agreement No. D1712668 Page 7 of 30 7. Project Access The Recipient shall ensure that the State Water Board, the Governor of the State, or any authorized representiative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Poect conslruction and thereafrer for the term of the obligation. 8. No Obligation of the State; State Budget Act Contingency Any obligation of the State Water Board contained herein shall not be an oblagation, debt, or liability of the State, and any such obligation shall be payable solely out of the monies appropriated by the State Legislature to the State Water Board from the special fund associated with this Agreement. lf the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any payments under this Agreemenl ln this event, the State shall have no liability to pay any funds whatsoever to the Recipient or to furnish any other considerations under this Agreement, and the Recipient shall not be obligated to perform any provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for payment over any other recipient. lf this Agreement's fundrng for any Fisc:l Year is reduced or deleted by the Budget Act, by Executive Order, or by order of the Oepartment of Finance, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to the Recipient to ref,ect the reduced amount. Gateway Water Management Authority Agreement No D1712668 Page I of 30 lN WTNESS Wl-IEREOF, this Agreement By Name Tille Christophe/ S Cash Charrperson o.c. tf ld eo t8 STATE WATER RESOURCES CONTROL BOARO Deputy Director Division of Financial Assistance Date GATEWAY WATER MANAGEMENT AUTHORITY: Name Title Leshe S Laudon Gateway Water Management Authority Agreement No. D1712668 Page 9 of 30 EXHIBIT A - SCOPE OF WORK A-1. Completion Date The Work Completion Date is established as MARCH 3'l , 2021. Work occuning afler the Work Completion Date, including conective actions, is not eligible for reimbursement with Grant Funds and cannot be paid for using Match Funds. A-2. Purpose This grant is for the benefit of the Recipient. This grant is for the purpose of capturing trash, nutrients, heavy metals, bacteria, and reducing toxicity by installing storm water and dry weather ffow diversion, pre- treatment, retention and infiltration facilities at the John Anson Ford Park in the City of Bell Gardens, a disadvantaged community (DAC). The Project is for the purpose of compliance with the Water Quality Objectives in the Coastal Los Angeles County Municipal Separate Storm Sewer System (MS4) permit. A-3. Pro,iect-SpeciRc Scope of Work The Recipient agrees to do the following: 1. Project Management 1.1 Provide all technical and administrative services as needed ior Proiect completion, monitor. supervise, and review all work performed; and coordinate budgeting and scheduling to ensure the Project is completed within budget, on schedule, and in accoldance with approved procedures, applicable laws. and regulations. 1.2 Notiry the Grant Manager and Technical Advisor at least fifieen (15) working days in advance of upcoming meetings, workshops, and trainings. '1.3 Develop and update appropriately a detailed Project schedule, including key Project milestones, and submit to the Grant [ilanager and Technical Advisor. 1.4 Conduct periodic and final site visits with the Grant Manager. 1-5 Conduct pre-, during, and post-construction photo monitoring at the Project site and submit to the Grant Manager and Technical Advisor. 2. GeneralComplianceRequirements/ProjectEffectivenessandPerformance 2.1 Submit Global Positioning System (GPS) information for project site(s) and monitoring location(s) for this Project to the Grant Manager and Technical Advisor. Submittal requirements for GPS data are available at: s/oos.pdf. 2.2 Prepare and submit, to the Grant Manager for approval and Technical Advisor for review, a Monitoring and Reporting Plan (MRP) using a template or outline provided by the Grant Manager. The MRP becomes final upon Grant Manager approval. Any changes to the MRP must be approved by the Grant Manager. The MRP may be submitted as separirte documents or in one report and shall include the following: 2.2.1 A Project Assessment and Evaluation Plan (PAEP), which describes the manner in which the Prgect performance will be assessed, evaluated, and Gateway Water Management Authority Agreement No. D1712668 Page 10 of 30 reported to the Grant Manager. Th€ PAEP shall detail the methods of measuring and reporting Project benefits. lmplementation of any monitoring and performance assessment and/or evaluation actions shall not occur prior to PAEP approval by the Grant Manager. 2.2.2 A Monitodng Plan (MP) in a format provided by the Grant Manager. Any costs related to monitoring data collected prior to and not supported by the approved MP will not be reimbursed. Changes to the MP shall be submitted to the Grant Manager for approval prior to implementation. 2.3 Measure, evaluate, and document Project performance based on the monitoring requirements and effectiveness criteria in the approved MRP. lnclude results of the performance assessment, along Wth any supporting data and analysis, in the associated quarterly progress report and the final Project Report. 2.4 Prepare, maintain, and implement a Quality Assurance Project Plan (CIAPP) in accordance with the United States Environmental Protection Agency (USEPA) QAPP guidance document (EPA QA/G-s) or the State Water Board's Surface Water Ambient Monitoring Program's (SWAMP) OAPP and data reporting requirements, as appropriate for the proposed monitoring activities. Water quality monitoring data includes physical, chemic€|, and biological monitodng of any surface water. The QAPP shall be submitted to the Grant Manager for approval and Technical Advisor for Review. Any costs related to monitoring data collected prior to and not supported by the approved QAPP will not be reimbursed. A template for the USEPA QAPP is available from the crant Manager. Guidance for preparing a SWAMP QAPP is available at http:/Arvww.waterboa rd s.ca. oov^flater issues/oroorams/swamdoaoo/shtrnl. 2.4.'l Uptoad a pdf version of the final appoved document(s) to the Financial Assistance Application Submiftal Tool (FAAST) system. 2 5 Prepare and upload all water quality data obtained through implementation of the MP to the Califomia Environmental Data Exchange Network (CEDEN) or in a comparable format provided by the State Water Boald and submit a receipt of successful data submission to CEDEN or the State Water Board, to the Grant Manager and Technical Advisor. Guidance ,or submitting data, including required minimum data elements and data formats, is available at hllpil @ry.!glC!..9I9 or a Regional Data Center (RDC) (Moss Landing Marine Lab, San Francisco Estuary lnstitute, Southern Califomia Coastal Water Research Project, or Central Valley ROC). Contact information for the RDCS is included in the CEDEN web link. Permtting and Environmental Compliance 3.'l Complete documentation required under the California Environmental Quality Act (CEQA) for the proposed implementation Project, Take all required steps to prepare, circulate, and certify the required CEOA document(s). 3.1.1 Submit the draft CEOA documeni to the Grant Manager and Technical Advisor tor comment, if applicable. 3.1.2 Submit the final CEOA document to the Grant Manager and Technical Advisor. Gateway Water Management Authority Agreement No D1712668 Page 11 of 30 3.1.3 Obtain written environmental clearance ftom the State Water Board confirming the State Water Board has made its o rn environmental findings and concuned that implementation/construction may proceed. 3.2 Obtain all public agency approvals, entitlements, or permits required for Project implementation before field work begins. lf the Project is canied out on lands not owned by the Recipient, the Recipient must obtain adequate rights of way frcr the useful life of the Project. Submit a list and signed copies of such approvals, entitlements or permrts to the Grant Manager and Technical Advisor for comment. 4. Planning, Design, and Engineering Prepare a Design Report that includes the results of a utility search, topographic survey, geotechnical investigation, and hydraulic and hydrologic analyses to support the design plans and specifications, and submit to the Grant Manager and Technical Advisor. Prepare the thirty percent (30%) design plans and specifications and submit to the Grant Manager for approval and Technical Advisor. The Project shall capture, treat, or infilfate storm water collected ftom multiple communities through an existing storm drain Mth a minimum catchment area of one thousand, six hundred (1,600) acres. The Project shall be designed to manage dry weather flow and a 0.08$inch rainfall event (first flush) using the following approaches: 4.2.1 lnstall a diversion structure that has a capacity to divert a minimum of sixty- seven (67) cubic feet per second of storm water. 4.22 lnstall a storage and infiltration system that has a minimum storm water storage capacity of ten ('10) acre feet. Complete the one hundred percent (100%) design plans and speciflcations and prepare a summary identifying any changes from the thirty percent (30%) design plans and specifications. Submit the one hundred percent (100%) design plans and specilicatons and summary of changes for the Project to the Grant Manager for approval and Technical Advisor for review. Complete the bid documents in accordance with the approved design plans, after rece;ving all required approvals, and advertise the Project tor bid. Submit the adve(ised bid documents and bid summary to the Grant Manager and Technrcal Advisor. 5 Construction and lmplementation Award the construction contract(s) and submit the Notice(s) to Proceed and awarded contract(s) for the Project to the Grant Manager and Technic€l Advisor. Construct the Project in accordance with the approved design plans and specifcations in ltem 4.3 after obtaining environmental clearance in ltem 3.1.3 and the necessary approvals, entitlements, or permits in ltem 3.2. Submit any proposed changes that arise during construction that may affect the Projecfs benefits list6d in ltem 4.2, schedule, or costs to the Grant Manager for approval and Technical Advisor for review. 41 42 43 44 51 az Gateway Water Management Authority Agreement No. O1712668 Page '12 of 30 5.4 Submit as-built drawings and a summary of changes from the approved design plans and specifications that occuned during construction to the Grant Manager and Technical Advisor 5.5 Prepare an Operations and Maintenance Plan that addresses operation and maintenance of the Project for its useful life and submit to the Grant Manager for approval and Technical Advisor for review. 6. Education and Outreach 6.1 Conduct a minimum of one (1) workshop to solicit comments on the thirty percent (30%) design plans and specific€tions in ltem 4.2. lnvite nearby residents and potential stakeholder organizations. Submit a list of invitees, copies of meeting materials, sign-in sheets, and a summary of the topics discussed to the Grant Manager and Technical Advisor. 6.2 Design a minimum of one (1) educational sign to inform the public of the purpose. functionality, and benefits of the Project and permanently install the sign near the Proiect site. Submit photo documentation to the Grant Manager and Technical Advisor. 6.3 Develop a minimum of one webpage that describes the Project's background, purpose, progress, and results. Submit the weblink to the Grant Manager and Technical Advisor. 44. Disclosure and Signage (a) The Recipient shall place a sign at least four (4) feet talt by eight (8) feet wide made of %-inch- thick exterior grade plywood or other approved material in a prominent location on the construction site and shall maintain the sign in good condition for the duration of the constructionperiod. The sign shall include the following disclosure statement and color logos (available from the Division)l ?Agrjw "Funding for this project has been provided in full or in parl by Proposition 1 - the Water Quality, Supply, and lnfrasfucture lmprovement Act of 2014 through an agreement with the State Water Resources Control Board." The sign may include another agency's required promotional information so long as the above logos and disclosure statement are equally prominent on the sign. The sign shall be prepared in a professional manner. (b) The Recipient shall include the follo\ ring disclosure statement in any document, written report, or brochure prepared in whole or in parl pursuant to this Agreement: "Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board using tunds from Prorcsition 1. The contents of this document do not necessarily reflect the views and policies of lhe foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use." Gateway Water Management Authority Agreement No. D1712668 Page 13 of 30 A-5. Reporting (a) Progress Reports. The Recipient shall submit quarterly progress reports, using a format provided by the Grant Manager, within forty-five (45) days following the end of the calendar quarter (March, June, September, and Decembeo to the Grant Manager and Technical Advisor. Progress Reports shall provide a brief desqiption of activities that have occured, milestones achieved, monitoring results (if applicable), and any problems encountered in the performance of the work under this Agreement during the applicable reporting period. Reporting shall be required even if no grant-related activities occurred during the reporting period. The Recipient shall document all activities and expenditures in progress reports, including work perFormed by contractors. (b) As Needed lnformation or Reports. The Recipient agrees to submit expeditiously, during the term of this Agreement, such reports, data, and information as may be reasonably required by the Division including, but not limited to, material necessary or appropriate frcr evaluation of the funding program or to fulfill any reporting requirements of the state or federal government. (c) Final Reports. Al the conclusion of the Project, the Recipient must submit the following to the Grant Manager and Technic€l Advisor: (1) Draft Final Pro.lect Report. Prepare and submit to the Grant Manager and Technical Advisor, for review and comment. a draft Final Project Report in a format provided by the Grant Manager. (2) Final Prgect Report. Prepare a Final Project Report that addresses, to the extent feasible, comments made by the Grant Manager on the draft Final Project Report. Submit one (1 )reproducible master mpy and an electronic copy of the final. LJpload an eleckonic copy of the final report in pdf format to the FAAST system. (3) Final Project Summary. Prepare a brief summary of the information contained in the Final Project Report, using a format provided by the Grant Manager, and include accomplishments, recommendations, and lessons Iearned, as appropriate. Upload an electronic copy of the Final Project Summary in pdf format to the FMST system. (4) Final Project lnspection and Certrfication Upon completion of the Project, the Recipient shall provide for a final inspection and shall certify that the Prgect has been completed in accordance with this Agreement, any final plans and specifications submifted to the State Water Board, and any amendments or modifications thereto. lf the Project involved the planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering or other professionals, the final inspection and certification shall be conducted by a California Registered Civil Engineer or other appropriate California registered professional. The results of the flnal inspection and certification shall be submifted to the Grant Manager and Technical Advisor. Gateway Water Management Authority Agreement No. D1712668 Page 14 of 30 46. Submittal Schedule Failure to provide items by the due dates indicated in the Submittal Schedule below may constitute a material violation of this Agreemenl However, the dates in the "Estimated Due Date' column of this Submittal Schedule may be adjusted as necessary during the OisbuGement Period with Grant Manager approval. AJI work or submittals must be achieved wiih relevant submittals approved by the Division prior to the Work Completion Date, and the final Disbursement Request submitted prior to the Final Oisbursement Request Date set forth in Exhibit B. ITEM OESCRIPTION OF SUBMITTAL CRITICAL DUE DATE ESTIMATED DUE DATE EXHIBIT A.3 PROJECT-SPECIFIC SCOPE OF WORK Project Management 12 Notification of Upcoming Meetings, Workshops, and Trainings As scheduled and noticed 1.3 Detailed Project Schedule Quarterly 14 Periodic and Final Site Visits As requested 15 Photo Monitoring Ongoing 2 General Compliance RequirementyProject Effectiveness and Performance 2.1 GPS lnformation and Monitoring Location(s)90 Days After Execution 22 Monitoring and Reporting Plan 'l 20 Days Atter Execution 2.2.1 Project Assessment and Evaluation Plan 60 Days Afrer Execution 222 Monitoring Plan '120 Oays Afrer Execution 24 Quality Assurance Project Plan (QAPP)120 Days After Execution 25 Water Quality Data Upload to CEDEN Before Final Report 3 Permitting and Environmental Compliance Jtt Draft CEOA document May 31.2019 c t.z Final CEQA document September 2019 32 Agency Approvals, Entitlements, or Permits September 2019 4 Planning, Design, and Engineering 41 Design Report February 2019 42 30% Design Plans and Specifications May 3'l , 2019 43 100% Design Plans and Specifications October 20'19 44 Advertised Bid Documents and Bid Summary Oecember 2019 Gateway Water Management Authority Agreement No. D1712668 Page 15 of 30 ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE DATE ESTIMATEO DUE DATE 5.Construction and lmplemenlation cl Notice(s) to Proceed March 3'1, 2020 53 Proposed Changes Ounng Construction As needed 5.4 As-built Drawings and Summary of Changes November 30, 2020 55 Operations and Maintenance Plan December 2020 b Education and Outreach ot List of lnvitees, Meeting Materials, Sign-ln Sheets, and Summary of Topics June 2019 6.2 Photo Documentation of Signage October 2020 63 Web Link December 2020 EXHIBIT A-5 REPORTING (a)Progress Reports Quarterly (b)As Needed lnformation or Reports As Needed (c)Final Reports (cX1)Draft Final Project Report Janua.y 31, 2021 (cX2)Final Project Report Fefiuary 28,2021 (cX3)Final Project Summary Febtrary 28,2021 (cX4)Final Pro.lect lnspection and Certification Before Work Completion Date EXHIBIT B FUNDING PROVISIONS 4 (b)Final Disbursement Request Ap.ll 30,2021 9 (bx4)Disbursement Requests Quane y Gateway Water Management Authority Agreement No. D171266,8 Page 16 of 30 EXHIBIT B - FUNDING PROVISIONS B-1. Project Funding Subject to the terms of this Agreement, the State Water Board agrees to provide Grant Funds in the amount of up to NINE MILLION, NINE HUNDRED FOUR THOUSAND, EIGHT HUNDREO FORTY-TWO DOLLARS ($9,904,842). B-2. Match Funds (a) The Recipient agrees to provide Match Funds in the amount of ONE MILLION, ONE HUNDRED THOUSAND, FIVE HUNDRED THIRTY.EIGHT DOLLARS (S1,100,538). (b) This Match Funds amount is based on the budget, funding sources, and amounts submitted by the Recipient in its application and during the negotiation of this Agreement. Any Match Funds changes or adjustments requested by the Recipient must be approved, in advance and in writing, by the Grant Manager and may require an amendment to this Agreement. (c) Only expenses that would be considered eligible under the Guidelines will be counted towards the Recipient's Match Funds. (d) Any costs incurred prior to the adoption of Proposition 1on November4,2014, will not count towards the Recipient's Match Funds, (e) ll at Work Completion, the Recipient has provided Match Funds in an amount that is less than the Match Funds amount set icrth above, the State Water Board may proportionately reduce the Grant Funds amount and/or the Recipient s Match Funds amount, upon approval of the Oeputy Director of the Division, provided the reduced amount(s) sattsfy statutory requirements and Guidelines. B-3. Estimated Reasonable Total Project Cost The estimated reasonable cost of the total Project is ELEVEN MILLION, FIVE THOUSAND, THREE HUNORED ETGHTY DOLLARS (S1 1,00s,380), 84. Funding Dates (a) The Eligible Start Date is DECEMBER 1, 2017. Otherwise eligible costs incuned prior to this date will not be reimbursed. (b) The Final Disbursement Request Date is APRIL 30, 2021. The Deputy Director of the Division may extend this date for good cause. Extensions may require an amendment to this Agreement. All Oisbursement Requests must be submitted to the Division such that they are received prior to this date. Late Disbursement Requests will not be honored and remaining amounts will be deobligated. B-5. Funding Conditions and Exclusions The State Water Board's disbursement of Granl Funds hereunder is contingent on the Recipient's compliance with the terms and conditions of this Agreement. Grant Funds may not be used for any lndirect Costs. Any Disbursement Request submitted including lndirecl Costs will cause that Disbursement Request, in its entirety, to be disputed and will not be paid until the dispute is resolved. This prohibition applies to the Recipient and any subcontract or sub- Gateway Water Management Authority Agreement No. D1712668 Page 17 of 30 agreement for work on the Project that will be reimbursed wrth Grant Funds pursuant to this Agreement. (Gov. Code, S 16727.) B€. Budget Summary reduced Project benefits a DAC. B-7, BudgetFlexibility (a) Subject to the prior review and approval of the Grant Manager, adjustments between existing line items may be used to defray allowable direct costs up to fifteen percent (15%) ofthe total Grant Funds, including any amendment(s) thereto. Line item adjustments in excess ot fifteen percent (15%) require an Agreement amendment lf the detailed budget includes an amountfor the Recipient's personnel costs, that amount is based on the hours, classifications, and rates submitted by the Recipient in its application. Any changes to the hours, classifications. and rates must be approved, in advance and in ffiting, by the Grant Manager. (b) The Recipient may submit a request for an adjustment in writing to the Grant Manager. Such adjustment may not increase or decrease the total grant amount. The Recipient shall submit a copy of the original Agreement budget sheet reflecting the requested changes and shall note proposed changes by striking out the original amount(s) followed with proposed change(s) in bold and underlined. Budget adjustments deleting a budget line item or adding a new budget line item shall require a formal amendment. The Division may also propose budget adjustments. (c) The sum of adjusted line items shall not exceed the total budget amount. B-8. Amounts Payable by the Recipient The Recipient agrees to pay any and all costs connected with the Project including, without limiiation, any and all Project Costs. lf the Grant Funds are not sufficient to pay the Project Costs in full, the Recipient shall nonetheless complete the Project and pay that portion of the Project Costs in excess of available Grant Funds, and shall not be entitled to any [eimbursement therefor from the State Water Board. B-9. Oisbursement of Grant Funds; Availability of Grant Funds (a) The State Water Board's obligation to disburse Grant Funds is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. lf sufficient funds are not available for any reason including, but not limited to, failure of the State government to appropriate funds necessary for disbursement of Grant Funds, the State Water Board shall not be FUNDS i FUNDS' (b) Gateway Water Management Authority Agreement No. O1712ffi8 Page 18 of 30 obligated to make any disbursements to the Recipient under this Agreement. This provision shall be construed as a condition precedent to the obligatlon of the State Water Board to make any disbursements under this AgreemenL Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for disbursement over any other recipient. lf any disbursements due the Recipient under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the State Water Board that such disbursement will be made to the Recipienl when sufficient funds do become available, but this intention is not binding. lf this Agreement's funding icr any fiscal year is reduced or deleted by the Budget Act by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an amendment to the Recipient to reflect the reduced amount. Except as may be otherwise provided in this Agreement, disbursement of Grant Funds will be made as follours: (1) Upon execution and delivery of this Agreement, the Recipient may submit a Disbursement Request for eligible Project Costs as well as to support Match Funds as specified in this Exhibit from the Project Costs through submission to the State Water Board using the Disbursement Request form provided by the Grant Manager. (2) Disbursement Requests shall contain the follo ring information: a. The date of the request; b. The time period covered by the request, i.e., the term "from' and 'to"i c. The total amount requested; d. Documentation of Match Funds used, e. Original signature and date (in ink) of Recipient's Project Director or his/her designee: and f. The Final Disbursement Request shall be clearly marked "FINAL DISBURSEMENT REQUEST ANd ShAII bE SUbMittEd NO LATER THAN APRIL 30, 2021. (3) Disbursement Requests must be itemized based on the line items specified in the budget in this Exhibit Disbursement Requests must be complete, signed by the Recipienfs Project Director or hiyher designee, and addressed to the Grant Manager as set forth in the Party Contacts section of this Agreement. Requests for disbursement submitted in any other format than the one provided by the State Water Board will cause a Disbu6ement Request to be disputed. In the event of such a dispute. the Grant Manager will notify the Recipient. Payment will not be made until the dispute is resolved and a corrected Disbursement Request submitted. The Grant Manager has the responsibility for approving Disbursement Requests. Project Costs incurred prior to the Eligible Start Date of this Agreement will not b6 reimbursed, (4) Grant Funds must be requested quarterly via Disbursement Request for eligible costs incurred during the reportrng period of the corresponding Progress Report, describing the activities and expenditures tor which the disbursernent is being requested. Each Oisbursement Request must be accompanied by a Progress Report Failure to provide timely Disbursement Requests may result in such requests not being honored. (5) The Recipient agrees that it will not submit any Disbursement Requests that include any Project Costs until such costs have been incurred and are curently due and payable by the Gateway Water Management Authority Agreement No. Dl712668 Page 19 of 30 Recipient; although, the actual payment of such costs by the Recipient is not required as a condition of the Disbursement Request. Supporttng documentation (e.9., receipts) must be submitted with each Disbursement Request as well as to support Match Funds claimed, if any. The amount reguested for administration costs must include a calculation frgrmula (i.e., hours or days worked times the hourly or daily rate = total amount claimed). Disbursement of Grant Funds will be made only afrer receipt of a complete, adequately supported, properly documented and accurately addressed Disbursement Request. (6) The Recipient will not seek reimbursement of any Project Costs that have been reimbuEed from other funding sources. (7) The Recipient shall use Grant Funds within thirty (30) days of receipt to reimburse cont,zrclors, vendors, and other Proiect Costs. Any interest earned on Grant Funds shall be reported to the State Water Board and will either be required to be retumed to the State Water Board or deducted from future disbursements. ln the event that the Recipient fails to disburse Grant Funds to contractors or vendors within thidy (30) days from receipt of the Grant Funds, the Recipient shall immediately return such Grant Funds to the State Water Board. Interest shall accrue on such funds from the date of disbursement through the date of mailrng of Grant Funds to the State Water Board. lf the Recipient held such Grant Funds in interest-bearing accounts, any interest earned on the Grant Funds shall also be due to the State Water Board. (8) The Recipient shall submit its final Disbursement Request no later than the Final Disbursement Request Date specified herein unless prior approval is granted by the Division. lf the Recipient fails to do so, then the undisbursed balan6e of thls Agreement will be deobligated. (9) The Recipient agrees that it will not request a disbuEement unless that cost is allowable, reasonable, and allocable. (10) Notwithstanding any other provision of this Agreement, no disburs€ment shall be required at any time or in any manner that is in violation of or in conflict with federal or state laws, policies, or regulations. (11) The Recipient agrees that it shall not be entitled to interest earned on undisbursed Grant Funds (12) Any reimbursement for necessary traveland perdiem shall be at rates not to exceed those set by the Califomia Department of Human Resources. These rates may be found at . Reimbursement will be at the State travel and per diem amounts that are current as of the date costs are incurred by the Recipient. No travel outside the State of Califomia shall be reimbursed unless prior written authorization is obtained from the Grant Manager. (13) The Recipient must include any other documents or requests required or allowed under this Agreement- B-10. Wthholding of Disbursements and Material Violations (a) Notwithstanding any other provision of this Agreement, the Recipient agrees that the State Water Board may retain an amount equal lo ten percent (10%) of the Grant Funds until Project Completion. Any retained amounts due to the Recipient will be promptly disbursed to the Recipient, without interest, upon Project Completion. Gateway Watsr Management Authority Agreement No. D1712668 Page 20 of 30 (b) The State Water Board may Wthhold all or any portion of the funds provided for by this Agreement in the event that: (1) The Recipient has materially violated, or threatens to materially violate, any term, provision, condition, or commitment o, this Agreement; or (2\ The Recipient fails to maintain reasonable progress toward Project Completion, B-1 1. Remaining Balance ln the event the Recipient does not request all of the Grant Funds encumbered under this Agreement, any remaining Grant Funds revert to the State. B-12. Fraud and Misuse of Public Funds All Disbursement Requests submitted shall be accurate and signed under penalty of perjury. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Recipient shall not submit any Disbursement Request containing costs that are ineligible or have been reimbursed from other funding sources unless required and speciflcally noted as such (i.e., match costs). Any eligible costs for which the Recipient is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery. embezlement, theft, or any other misuse of public funds may result in suspension of disbursements of Grant Funds and/or termination of this Agreement requiring the repayment of all Grant Funds disbursed hereunder. Additionally, the Deputy Director of the Division may request an audit and refer the matter to the Attorney General's Otfice or the appropriate district attorney's office for criminal prosecution or the imposition of civil liability. (Civ. Code, SS 1572-1573i Pen. Code, gg 470,489490.) Gateway Water Management Authority Agreement No. D1712668 Page 21 of 30 EXHIBIT C - STANDARD TERMS AND CONDITIONS C-1. Accounting and Auditing Standards The Recipient shall maintain GMP-compliant Project accounts, including GAAP requirements relating to the reporting of infrastructure assets. C-2. Amendment No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties. C-3. Assignability This Agreement is not assignable by the Recipient, either in whole or in part. C4. Audit (a) The Division, at its option, may call for an audit of financial information relative to the Project, where the Division determines that an audit is desirable to assure program integrity or where such an audit becomes necessary because of state or federal requirements. Where such an audit is called for, the audit shall be performed by a certified public accountant independent of the Recipient and at the cost of the Recipient. The audit shall be in the form required by the Oivision. (b) Audit disallowances will be returned to the State Water Board. Failure to comply with audit disallowance provisions shall disqualify the Recipient from participating in State Water Board funding programs. C-5. Bonding Vvhere contractors afe used, the Recipient shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Recipient in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of conkact value. This requirement shall not apply to any contract for less than S25,000.00. C-6. Continuous Use of Project; Lease or Disposal of Prolect The Recipient agrees that, except as provided in this Agreement, it will not abandon, substantially discontinue use ol lease, or dispose of the Project or any significant part or portion thereof during the useful life of the Proiect without prior writlen approval of the Deputy Director ot the Division. Such approval may be conditioned as determined to be appropriate by the Deputy Director of lhe Division, including a condition requiring repayment of all Grant Funds or any portion of all remaining Grant Funds covered by this Agreement together Wth accrued interest and any penalty assessments which may be due. C-7. Claims Any claim of the Recipient is limited to the rights, remedies, and claims procedures provided to the Recipient under this Agreement. Gateway Water Management Authority Agreement No. D1712668 Page 22 of 30 C-8. CompetitiveBidding The Recipient shall adhere to any applicable state or local ordinance for competjtive bidding and applicable labor laws. lf the Recipient is a private entity, any construction contracts related in any way to the Project shall be let by competitive bid procedures that ensure award of such contracts to the lowest responsible bidders. The Recipient shall not award a construction contract until a summary of bids and identification of the selected lo\,yest responsible bidder is submitled to and approved in writing by the Division. The Recipient must provide a full explanation if the Recipient is proposing to award a construction contract to anyone other than the lowest responsible bidder. C-9. Compliance wilh Lahr, Regulations, etc. The Recipient agrees that it will, at all times, comply with and require its contractor and subcontractors to comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements. Wthout limitration of the foregoing, the Recipient agrees that, to the extent applicable, the Recipient Wll. (a) Comply with the provisions of the adopted environmental mttrgation plan, if any. for the term ot this Agreement; (b) Comply with the Guidelines; and (c) Comply with and require complance with the list of state laws (cross-cutters) in Section C-32 of this Agreement. C-10. Conflrct of lnterest The Recipient certifies that its owners, officers, directors, agents, representatives, and employees are in compliance with applicable state and federal coniict of interest laws C-1 'l. Damages for Breach Affecting Tax-Exempt Status or Federal Compliance ln the event that any breach of any of the provisions of this Agreement by the Recipient shall result in the loss of tax-exempt status for any bonds of the State or any subdivision or agency thereof. including bonds issued on behalf of the State Water Board, or if such breach shall result in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government by reason of any arbitrage profits, the Recipient shall immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach- ln the event that any breach of any of the provisions of this Agreement by the Recipient shall result in the failure of Grant Funds to be used pursuant to the provisions of this Agreement, or if such breach shall result in an obligation on the part of the State or any subdtvision or agency thereofto reimburse the federal government. the Recipient shall immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach. C-12 Disputes (a) The Recipient may appeal a statf decision within thirty (30) days to the Deputy Oirector of the Division or designee, for a final Division decision. The Recipient may appeal a rinal Division decision to the State Water Board within thirty (30) days. The Office of the Chief Counsel of the State Water Board will prepare a summary of the dispute and make recommendations relative to its final resolution, which will be prov;ded to the State Water Board's Executive Director and each State Water Board Member. Upon the motion of any State Water Board Member, the State Gateway Water Management Authority Agreement No. D1712668 Page 23 of 30 Water Board will review and resolve the dispute in the manner determined by the State Water Board. Should the State Water Board determine not to review the final Division decision, ihis decision will represent a final agency action on the dispute. (b) This clause does not preclude consideration of legal questions, provided that nothing herein shall be conskued to make final the decision of the Siate Water Board, or any offlcial or representative thereof, on any question of law. (c) The Recipient shall continue with the responsibilities under this Agreement during any dispute. C-l3. Financial Management System and Standards The Recipient agrees to comply with federal standards for financial management systems. The Recipient agrees that, at a minimum, its fiscal control and accounting procedures will be sutficient to permit preparation of reports required by the federal or state government and tracking of Project Costs to a level of expenditule adequate to estiablish that such Grant Funds have not been used in violation of federal or state laws or the terms of this Agreement. C-14 Goveming Law This Agreement is govemed by and shall be interpreted in accordance with the laws of the State of California. C-15. lncomeRestrictions The Recipient agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Recipient under this Agreement shall be paid by the Recipient to the State Water Board, to the extent that they are properly allocable to Project Costs for which the Recipient has been reimbursed by the State Water Board under this Agreement. C-16. lndemnificahon and State Reviews The parties agree that review or approval of Proiect documents by the State Water Board is for administrative purposes only, including conformity with application and eliglbility criteria, and expressly not for the purposes of design defect review or construction feasibility, and does not relieve the Recipient of its responsibility to propedy plan, design, construct. operate, and maintain the Project. To the extent permitted by law, the Recipient agrees to indemnify, defend, and hold harmless the State Water Board, and its officers, employees, and agents (collectively, "lndemnilied Persons"), against any loss or liability arising out of any claim or action brought against any lndemnified Persons from and against any and all losses, claims, damages, liabilities, or expenses. of every concetvable kind, characte[, and nature whatsoever arising out of, resulting from, or in any way connected with (1) the Project or the conditions, occupancy, use, possession, conduct, or management of, work done in or about, or the planning, design, acquisition, installation, or construction, of the Project or any part thereoli (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any violation of any applicable law, rule or regulation, any environmental law (including without limitation. the Federal Comprehensive Environmenial Response, Compensation and Liabilrty Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the Toxic Substances Control Act, the Occupational Safety and Health Act, the Safe Drinking Water Act, the California Hazardous Waste Control Law, and California Water Code Section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the Project; or (4) any untrue statement or alleged untrue statement ol any material fact or omission or alleged omission to stiate a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Recipient for use in any disclosure document utilized in connection with any of the Gateway Water Management Authority Agreernent No. Dl 712668 Page 24 ol 30 hansactions contemplated by this Agreement. To the fullest extent permitted by law, the Recipient agrees to pay and discharge any judgment or award entered or made against lndemnified Persons with respect to any such claim or action, and any settement, compromise or other voluntary resolution. The provisions of this section shall survive the term of this Agreement and the discharge of the Recipienfs obligation hereunder. C-17. lndependentActor The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State Water Board. C-18. lntegration This Agreemeni is the complete and linal Agreement between the parties. C-19 Non-DiscriminationClause (a) During the performance of this Agreement, the Recipient and its contractors and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employe€ or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family care leave, or genetic information, gender, gender identity, gender expression, or military and veteran status. (b) The Recipient, its contractors, and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. (c) The Recipient, its contractors, and subcontractors shall comply with the provisions of the Fair Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov. Code, 512990, subds. (a)-(0 etseq.; Cal. Code Regs., tit. 2, S 7285 et seq.) Such regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. (d) The Recipient, its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other a9reement. (e) The Recipient shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. C-20. No Third Party Rights The parties to this Agreement do not create rights in, or grant remedies to. any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein. C-2'1. Operation and Maintenance; lnsurance The Recipient agrees to sufficiently and properly staff, operate, and maintain all portions of the Project during its useful life in accordance with all applicable state and federal laws, rules, and regulations_ The Recipient will procure and maintain or cause to be maintained insurance on the Prorect with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or deskuction of the Project) as are usually covered in connection with systems similar to the Project Such insurance may be maintained by the maintenance of a self- Gateway Water Management Authority Agreement No. O1712e6,8 Page 25 of 30 insurance plan so long as any such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund funded in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuadal techniques and (ii) the establishment and maintenance of a claims processing and risk management program. ln the event of any damage to or destructon of the Pro,lect caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the Project The Recipient shall begin such reconstruction, repair or replacement as expeditiously as possible, and shall pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same shall be completed and the Project shall be free and clear of all claims and liens. C-22. Other Assistance lf funding for Project Costs is made available to the Recipient from sources other than lhis Agreement and approved match sources, the Recipient shall immediately notify the Grant Manager. C-23. Permits; Conbacting; Disqualification The Recipient shall comply in all material respects with all applicable federal, state and local laws, rules and regulations. The Recipient shall procure all permits, licenses and other authorizations necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and laMul prosecution of the work. Signed copies of any such permits or licenses shall be submitted to the Oivision before construction starts. For any work related to this Agreement, the Recipient shall not contract with any individual or organization on lhe State Water Board's List of Disqualified Businesses and Persons that is identified as debaned or suspended or otherwise excluded from or ineligible for partcipatlon in any work overseen, directed, funded, or administered by the State Water Board program forwhich lunding under this Agreement is authorized. The State Water Board's List of Disqualifled Businesses and Persons is located at , The Recipient shall not contract with any party who is debaned, suspended, or otheMise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension." C-24. Public Records The Recipient acknowledges that, except for a subset of information regarding archaeological records, the Proiect records and locations are public records including. but not limited to, all of the submissions accompanying the application, all of the documents incorporated by reference into this Agreement, and all repo(s, disbursement requests, and supporting documentration submitted hereunder. C-25. Prevailing Wages The Recipient agrees to be bound by all applicable provisions of the State Labor Code regarding prevailing wages. The Recipient shall monitor all agreements subject to reimbursement fiom this Agreement to ensure that the prevailing wage provisions ofthe State Labor Code are being met. C-26. Professionals The Recipient agrees that only professionals with valid licenses in the State of Califomia will be used to perform services under this Agre€ment where such services are called for. All technical reports required pursuant to this Agreement that involve planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering. architecture, or geologic sciences shall be prepared Gateway Water Management Authority Agreement No. D1712668 Page 26 of 30 by or under the direction of persons registered to p.actice in Califomia. All technical repo(s must contain the statement of the qualifications of the responsible legistered professional(s). Technical reports must bear the signature(s) and seal(s) of the registered professional(s) in a manner such that all work can be clearly attributed to the professional responsible for the work. C-27. Public Funding This Project is publicly funded. Any service provider or contractor with which the Recipient mntracts must not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances. C-28. Recipient's Responsibility for Work The Recipient shall be resrcnsible for allwork and for persons or entities engaged in work performed pursuant to this Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project. The State Water Board will not mediate disputes between the Recipient and any other entity concerning responsibility for performance of work- C-29. Records Wthout limitation of the requirement to maintain Project accounts in accordance with GAAP, the Recipienl agrees to: (a) Estiablish an official flle for the Project which shall adequately document all significant actions relative to the Poect. (b) Establish separate accounts which will adequately and accurately depict all amounts received and expended on the Project, including all assistance funds received under this Agreement. (c) Establish separate accounts which will adequately depict all income received which is attributable to the Project, specifically including any income attributable to assistance funds disbursed under this Agreement. (d) Establish an accounting system which will accurately depict final total costs ofthe Project, including both direct and lndirect Costs. lndirect Costs are not eligible for funding under this Agreement. (e) Establish such accounts and maintain such records as may be necessary for ihe State to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations, (0 lf a Force Account is used by the Recipient ,or the Project, accounts will be established which reasonably document all employee hours charged to the Project and the associated tasks performed by each employee. lndirect Force Account costs are not eligible for funding. This prohibition applies to the Recipient and any subcontract or sub-agreement for work on the Project that will be reimbursed with Grant Funds pursuant to this Agreement. (Gov. Code, S 16727.) (g) Maintain separate books, records, and other material relative to the Project. (h) Retain such books, records, and other material for itself and for each contractor or subcontractor who performed work on this Project for a minimum of thirty-six (36) years after Work Completion The Recipient shall require that such books, records, and other material be subject at all Gateway Water Management Authority Agreement No. D1712668 Page 27 of 30 reasonable times (at a minimum during normal business hours) to inspection, copying, and audit by the State Water Board, the Bureau of State Audits, the lnternal Revenue Service, the Govemor, or any authorized representatives of the aforementioned, and shall allow interviews during normal business hours of any employees who might reasonably have information related to such records. The Recipient agrees to include a similar right regarding audit, interviews, and records retention in any subcontract related to the performance of this Agreement. The provisions of this sectron shall survive the term of this Agreernent C-30. RelatedLitigation The Recipient is prohibited from using Grant Funds or Match Funds to pay costs associated with any litigation the Recipient pursues. Regardless of whether the Project or any eventual related project is the subject of litigation, the Recipient agrees to complete the Poect funded by the Agrgement or to repay all Grant Funds plus interest to the State Water Board. C-31 Rights in Oata The Recipient agrees that alldata, plans, drawings, specrfications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement are subject to the nghts of the State as set icrth in this sectron. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. lf any such work is copyrightable, the Recipient may copyright the same, except that, as to any work which is copyrighted by the Recipient, the State reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so, and to receive electronic copies from the Recipient upon request. C-32. StateCross4utterCompliance The Recipient represents and certifies that, lo the extent applicable it is in compliance with the following conditions precedent and agrees that it will continue to maintain compliance during the term of this Agreement: (a) Agricultural Water Management Plan Consistency, A Recipient that is an agricultural water supplier as defined by section 10608.12 of the Water Code must comply with the Agricultural Water Management Planning Act. (Wat. Code, S 10800 et seq.) (b) California Environmental Ouality Act (CEQA) lmplementation and construction activities must comply with CEQA. Upon receipt and review of the Recipient's CEOA documents, the State Water Board shall make its own environmental Rndings before determining whether to provide any construction funding under this Agreement Providing environmental clearance and construction funding is discretionary. ln the event that the State Water Board does not provide environmental clearance. no construction funding will be provided under this Agreement, all construction funds will be disencumbered, and this Agreement may be terminated. The State Water Board may require changes in the scope or additional mitigation as a condition to providing construction tunding under this Agreement. The Recipient shall be prohibited from performing any construction activities prior to environmental clearance by the State Water Board, and the undertaking of any such construction activity will be considered a matenal breach of this Agreement. (c) Gateway Water Management Authority Agreement No. D1712668 Page 28 of 30 Charter City Project Labor Requirements. (Labor Code, S 1782 and Pub. Contract Code, S 2s03.) (1 ) Prevailing Wage ffiere the Recipient is a charter city or a joint powers authority that includes a charter city, the Recipient certifies that no charter provision nor ordinance authorizes a construction project contractor not to comply with the Labor Code's prevailing wage rate requirements, nor, within the prior two years (starting from January 1,2015, or afieo has the city awarded a public works conkact without requiring the conkactor to comply with such wage rate requirements according to Labor Code section '1782. Being included on the "List of Charter Cities that are in Compliance \Mlh Senate Bills 7, 829, 922' prepared by lhe Department of lndustrial Relations will satisty this requirement. (2) Labor Agreements \Mere the Recipient is a charter city or a joint powers authority lhat includes a charter city, the Recipient certifies that no charter provision, initiative, or ordinance limits or constrains the city's authority or discretion to adopt, require, or utilize project labor agreements that include all the taxpayer protection antidiscflmination provisions of Public Conkact Code section 2500 in conslruction projects, and that the Recipient is accordingly eligible for state funding or financial assistance pursuant to Public Contract Code section 2503, Being included on the "List of Charter Cities that are in Compliance Wth Senate Bills 7, 829,922" prepared by the Department of lndustrial Relations will satisfy this requirement. Contractor and Subcontractor Requirements. (Labor Code, SS 1725 5 and 1 771 .1 .) To bid for public works contracts, the Recipient acknowledges that the Recipient and the Recipient's subcontractors must register with the Depanment of lndustrial Relations. Delta Plan Consistency Findings. (Wa[ Code, S 85225 and Cal. Code of Regulations, title 23, S5002.) lf the Recipient is a state or local public agency and the proposed action is covered by the Delta Plan, the Recipient will submit a certific€tion of project consistency with the Delta Plan to the Delta Stewardshlp Council prior to undertaking the implementatiorvconstruction pro,iect associated with this Project. Eminent Domain Prohibited. (Wat. Code, S 79711.) Where land acquisitron is otherwise authorized under lhis Agreement, Grant Funds and Match Funds shall not be used to acquire land via eminent domain. Governo/s lnfrastructure Plan, (Gov. Code, S 13100.) The Recipient shall ensure that the Project shall maintain consistency with section 13100 of the Government Code (five-year infrastructure plan). State Water Board's Drought Emergency Water Conservation regulations. (Cal. Code ol Regulations, Tltle 23, al.icle 22.5. ) The Recipient will include a discussion of its implementation in Progress Reports submitted pursuant to this Agreement SBXT-7: Sustainable Water Use and Oemand Reduction (Wat. Code, S 10608 et seq.). SBxT-7 conditions the receipt of a water management grant or loan for urban water suppliers on achieving gallons per capita per day reduction targets with the end goal of a twenty percent (20%) reduction by 2020. The Recipients that are urban water suppliers shall provide proof of compliance with SBxT-7. (d) (e) (0 (s) (h) (r) Gateway Water Management Authority Agreement No. D1712668 Page 29 of 30 (,) Urban Water Demand Managemenl (Wat. Code, S 10631.5.) lf the Recipient is an "urban water supplief as defined by Water Code section 10617. the Recipient certifies that it is implementing water demand management measures approved by the Department of Water Resources. (k) Urban Water Management Planning Act. (Wat. Code, S 10610 et seq.) lf the Recipient is an 'urban water supplief as defined by Water Code section '10617, the Recipient certifies that it has submitted an Urban Water Management Plan that has been deemed complete by the Department of Water Resources and is in compliance with that plan. This shall constitute a condition precedent to this Agreement. (l) Urban Water Suppher. (Wat. Code, SS 526 and 527,) lf the Recipient is an urban water supplier as defined by Water Code section 10617, it shall have complied and maintain compliance with sections 526 and 527 of the Water Code relating to installation of meters and volumetric charging. (m) Water Diverter. (Wat. Code, S 5103.) lf the Recipient is a water diverter, the Recipient must maintain compliance by submitting monthly diversion reports to the Division oFWater Rights of the State Water Board. (n) Water Quality Compliance. (Wat. Code, g 79707.) The Recipient shall ensure that the ProJect shall maintain consistency with Division 7 of the Water Code (commencing with section 13000) and Govemment Code section 13100. (o) Water Quality Monitoring. (Wat. Code, S 79704.) lf water quality monitoring is required as part of the Project, the Recipient shall collect and report water quality monitoring data to the State Water Board in a manner that is compatible and consistent with surface water monitoring data systems or groundwater monitoring data systems administered by the State Water Board (p) \Mld and Scenic Rivers. (Wat Code, S 7971 L) The Reciprent shall ensure that the Project witl not have an adverse etfect on the values upon which a wild and scenic rlver or any other river is afforded protecticns pursuant to the California Wld and Scenic Rivers Act or the federal \Mld and Scenic Rivers Act C-33. State Water Board Action; Costs and Attorney Fees The Recipient agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the State Water Board as a result of breach of this Agreement by the Recipient, whether such breach occurs before or after completion of the Project, and exercise of any remedy provided by this Agreement by the State Water Board shall not preclude the State Water Board from pursuing any legal remedy or right which would otherwise be available. ln the event of litigation between the parties hereto arising from this Agreement, it is agreed that each party shall bear its own costs and attorney fees. C-34. Termination; ImmediateRepayment; lnterest (a) This Agreement may be terminated at any time prior to the Work Completion Date set forth on the cover and in Exhibit A, at the option ofthe State Water Board, upon violation by the Recipient of any material provision of this Agreement after such violation has been called to the attention of the Recipient and after failure of the Recipient to bring itself into compliance with the provlsions of this Agreement within a reasonable time as established by the Division. (b) ln the event of such termination, the Recipient agrees, upon demand, to immediately repay to the State Water Board an amount equal to Grant Funds disbursed hereunder, accrued interest, penalty assessments, and additional payments. ln the event of termination, interest shall accrue Gateway Water Management Authority Agreement No. O1712ffi8 Page 30 of 30 on all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to the Recipient to the date all monies due have been received by the State Water Board. C-35. Timeliness Time is of the essence in this Agreement C-36. Unenforceable Provision ln the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. C-37. Usetul Life of Project For the purpose of this Agreement, the minimum useful life of any constructed portions of this Project begins upon completion of conskuction and continues until twenty (20) years ihereafter. C-38. Venue The State Water Board and the Recipient hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Cou( in and for the County ot Sacramento, California. C-39. Waiver and Rights of the State Water Board Any waiver of rights by the State Water Board with respect to a default or other matter arising under this Agreement at any time shall not be considered a waiver of rights wilh respect to any other default or matter. Any rlghts and remedies of the State Water Board provided for in this Agreement are in addition to any other rights and remedies provided by law. EXHIBIT B COST ALLOCATION llf,6-r-molC lllJ0l\ | d(x B-l IEF t-:l.t8FI li>.*3.1."Ig-96: g : l8 t l8 t e >,?;.uE I E:gi c n- >.?,.oE ;l;l =-q n ( 3 o E.?lc 5x3B : gE ;3t,9Fa E E i o -c, !, .og = tt_oE ilE60 5;EL: oo Eoairo g Biori Ji State Water Resources Control Board DIVISION OF FIMNCIAL ASSISTANCE (DIVISION) DEPUTY DIRECTOR APPROVAT OF THE STORM WATER GRANT PROGRA,iT (SWGP) PROPOSITION 1 (PROP 1) ROUND 1 IMPLEMENTATION FUNOING LIST (FUNDING LIST) BACKGROUND The Water Quality, Supply, and lnfrastructrro lmprov.mcnt Ad of 2014 (Prop 1) s,as approved by Califomia voteE in tha general eledion on Nolr€mbor 4, 2014. Among other funds, Prop 'l provided $200 million for matching grants to public agencies, nonproFrt organizaiions, public utilities, stat6 and fedErally recognizgd lndian tribe3, and mutual water companies for multi- benefit storm water management projects (Waler Code sedion 79744. Alter bond and program administration costs, approximatcly $186 million will be available for projeds. The State Water Resources Conkol Board (Stato Wat€r Board) adopted the SWGP Funding Guidelines for administering SWGP Prop I funds on December 15, 2015 (Resolution 2015- 0076). The Resolution adopting the Funding Guid€lrn6s authorizes the Deputy Director of the Division to award grants and execule grant agrc€ment! Approximately $'175 million of Prop 'l funds are availaUo for imdementation projects. Approximately $80 mlllion ot Prop 1 funds are available to fund implomentation projeds during the first sdicitation (Round 1) and $95 million is exp€cted to bc ar/ailaue to tund proiecls during the second solicitation (Round 2) anticipated tor awarding in mid to late 2018. The Prop '1 program also made available approximatoly $25 million for stom water ordry uroather runofi projecb that address discharge to an Ar€a of Special Biological S[nificance (ASBS) or coastal waters, as identifiod in tha Clean Beach lnitiativo (CBl) Program. This additional funding is available fom unwed or r€-appropriatcd Proposition &{ (Prop 84) funds, Proposition 13 (Prop 1 3) Coastal Nonpoint Source funds, Proposition 40 (Prop 40) funds, and Proposition 50 (Prop 50) Coastal Non-Point Source funds. The Prop 1 SWGP Round I lmplementation solicitation opened in Janusry 2016 and closed on July 8, 2016. The DivFion rEc6iv6d 84 application3 rcqucsting a total of $322 million in grant funds and reporting approximately $402 million in matching funds. Applications were revieryed by the Divbion, applicaue RegionalWatsr Quality Control Boards (Regional Water Boards), and Oivision of Water Quality staff utilizing prB€stablishod scoring criteria for aspect8 including: project/applicant eligibility, application cornplatenass, and application quality. The draft funding list was provided to tfie Regionel Watcr Boards' stifi and the CBI and ASBS Task Force committees for their review and concurrance with the funding list. Th6 Funding List includes 27 proj€cls totaling $80 million in Prop I funda, approximately $1a,6 million in CBI funds, and approximataly $9.6 million in ASBS funding. FELrcl^ MAFcus, c r I THoraAt HosAto, EracurdE ErEcror tmt r gir.!i, 9.clrm6lo, cA eilta I ndlhe ^.rdrrt!: P o. Bcr too. 8.cr..n nto. CA o5tl2.0l0o I wr.?d..to.rd..c..gd -2- Division staff will work with the unseleded applicanb that are ir 6res[ed in continuing with their projec{ to proMde fBedback on the grant prcpo3als and to see if they are eligible for oth€r funding programs, such as the Round 2 SWGP implemcntation funding ilr 2018, thc Grecn Projecl Reserve in the Clean Waier Stete Revolving Fund program, or Prop 1 ftfiding programs admlnl8t€rEd by other state agenci€s. APPROVAL l, Danin Polhemus, Deputy Diredor of th€ State Water Board's Oivision of Financlal A8sBtance, approv€ ihe SWGP Funding Lbt (Afiachment 1). The grant arvards induded in the Funding LiBt are conditionel; th€ final amounl awarded will b€ subicd to oacft applicant providing an acceptable scope of yvorlq hidget, and schedule. The Funding List inchdG projacts that ar€ alyardod fundirE from lhe Proposition '1, Clean Beaches lnitiativa, and Areas d Special Biological Significance Funding programs (Afiachment 1, Table 1). Projec{s may be removed from the Funding Lbt by th€ Doputy Dir€ctor of the DMsion if applicants do not respond to Oivision staff requcatr for changes to the scopcs of lyork end budgds in a timely and appropriate manner. Projeds may also be removed from the Funding List if the applicant's Storm Wat6r Resource Plan or Funclionally Equlvalont Plan does not meot ihe Water Codo requirements set forth in Senate Bill 985 and Storm Water R4ourc€ Plan Guidelinos, or an applicant b found to not mee{ other tunding eligitility requiEments. The Deputy Oirector of the DMsion has lhe authority to utilize additional funds that become availablo (e.9., if a project is withdrawn or compl€ted under budget) to fund proiecls on the Standby Proj€d List (Atlachmsnt 1, Tabl6 2), projeds in future solicitations, orto augm€ni ihe scope and fudget of projects prwiously award6d, subjecl to the ma.ximum grant amount8 allowed in the SWGP Funding Guidelines. This authorization includes augmcntation of projecl budgets to provide sufficient funds lo ensure each project is properly imdemenH to meet its stated goals. The D€puty DirBctor of the Division is auihorized to exocute grant agreements and amendments thereto. Approved: r>lrfra Attachmant 1: Prop 1 SWGP Round 1 Cc: Leslie Laudon, DFA Joe Karkoski, DFA Sean Maguire, DFA lmplementalion Funding List Wendy Westerman, OFA Andrea Kopecky, OCC Oanin Polhemus Deputy Director, Division of Financial Ass'stance Date: !:::E:E:Eo c3 3 BE 3 3gE EaE!I tE ag'eE E.aa E.3 cEt tgooEEAoF$J B tI EB.E 3 t q E E B EB p.;E. E 6i i- 3 3 ;3 tsi q 4 f; g 3.g ts E 3I I 8 g c o- !6 EisE 3 3 H E 3 3 Et9 E g .. R g at E E E eEia E it B 8 8 B =t Ao o. !I ? t i !Ilti* ;E E!tat B! -ts E:TI I; E E ;. E: Eti 3 Et6 : Eg i 5 a I ,I T, a ! g E Ft ! I t! id!, I ig E !iE; i a E3, 5 I.l tE,II3!!ti.EErl! ,!lr 1E at!F rL:t5t t; E Iia.tI ot9aio.ll TI a!.lr ir i E E 5 ELEIIidI I T0 : F ! E Ed 5t ItI IFaI E tE { EL ! xe !tt !I E! l! E E E E E Iat E da a I E Eij ! E 6! to!a II a; i IIi E 6 1tI T6i EI l_!T 5F x E E I!o E!A ttI Ita t 3 i E.Qd,. .!Etd E! 5o I: I T EI ! :t }Els iF I 6{I I t , Iit E 5 t F I E Ed iP :. 6 ! I E I E B 3 E I b a2 as I ! o E ! = E T 5I c E ! i tItt ! I a I I aI I E I IqrII Ei t P I tia;i! .e ql EiAEfi t- 3=lr ;E s E I B E I3 I ,3t g E E E 3 B 3 t lt ,9J ol .sEtrItt Coesc!gPb ECL l!FE=EEI,soEET;Eeatto.POl3,o !eieslt:(!:F €toE-tl6. I EE,BirFtg!:; iiE; i:t E!iETllCla< IIi! II I I E.II I F II I I E ELItt!!EtrrllrIirrEt-ie artt ii$3E#! t!tEt p o ,E!ctlr tr .9 6co Eg o. E Etr otr,Jo eq o.o Bo ttoatr troo etta! :E!!E! -0 c E ! ! og, oo A E! Et Ea ! I! 29E-T:6i:G. E EIEE i!F;" EEEf n::.G iEIIr=B!,or'<f T.!tItE<EEaod 8 E4 (D-3o EEE 3 8.3I !rt;oL6-7o t3.EIq HF.c.j s r.ilF.R EII I E 1l'-t I I Fi Ea E. g ..,1c t ... E.l-I; EE E t q sot3 €.E. a ts Ei 3 I I t E *t E6 E E E 6 I 5 o ; c .aQ : r o- f d I E d b -o. o E I E b eE adn: ! E G r' Eo! 3 E E6qE 5S = .E s b c T I t? =E E;E*EEaa) ? 5 E I 5 E Et!fht;co {E IE Et EI EE TIJ Ea E Bc E.E iEoEE.L!ri! E*- EiEEii Et6!Ft_ E EI tEtEpl E{ !:ii E Eti E EI6l: 0- d. i, g € 6& -r ,! E e !l E'lq ETtrn!Ir*li o e c o t :iI E<EF>- EIo, !2 2. eo E60'aEF>-Q EE 6 E E 5 5{ Eo itiEEEtEa3c6: IEotr ! a zteo f 6tI =eo 5tt a t(, !Ii E E E 2 P Igo I E 6(o E6 3 & i5 o EiAEt: [= E E s s fi 3 H fi E B E s \ \N !IItIgEEIII t II I!! I EI II at g trii!lriEIiIdtst:!titE{i, I Elrlri I !$f:i..t .. I o Go i:llII oa!l-o oP 6EI oI|J6A 3.,i t 8 ro-Eg t E tt d I rt E R Io-rE!6lt E I { H $. 3i E. Eci 2F o E g E E E3 E t E Fo. ..I .e E E tI aa 5 o 0d s 5 E! B E .9 8 (.) I o xl E e & tsE :E6!EE 9r,!9 >3EE(,q inf aa E-! ; E5t € at] g IiI o c:F!r 6 Io JI o I (, si6 p o ta 6 ! F E EI zEF {lr s I I I s !(D o o-e o IJo'd o. oEtrG g, tr .9 .! co Eo CL E !trfotr oo o.q. (!, =o r.ioItrEF : E !ctE Et E Et! 5o4 eA E ? E !lr !! o6--:r. E Ei =".; l.EEEr: !g E i: EfE: :i;io0',< E c6ciI oE.9 6 o .Jn).so oI(! ,E t Proposition 1 Storm WaterAwarded lmplementation Grants Round 1, November 2016 Legend C lmplementationProjects I county Lines N A 0 r25 25 50 Mr es Los Angeles County aeDa- ^+ ri f, cgq)tr+)a-€()9trq)Lo-to ?'FfuIi: -saL! EBat --AFli Ire)o -!6('!-N*EEH+ &E ,r!otrgr e)atr?EHtr9bb.24il+)axe) .:,69.a0'iitr6 AE Y))a OaOdBo &(t O obo a J o IG \o -Na\t -ao .-tF-oL CE ) a(\l NN 3 a\a4,lc.J q,s .=-c!3 .g = =3t9 Gc)f.r GIsttIGq)il trq)aq D L e) .-t \ - .l.UqJFGFuJ Eul- a E ,E 9liE $98 Et6;,ii5s5tl o] t c c 3 4: o d,) c o t c 4, 5 q,L !!P ti! i: " "EI;s! i'i; iii:iuiEiii i.ij;;o' o !: ! l!: : -n =,. :i; E ll ; E q i i ; I r ' ll lii'=ii'i, "l €) a0 Gd -.- Gk R =(e F(\It Dt j = u, .E EgiiEE E ;=;u;= \' ia = =.5E= '-' i oJ .= =lr33E ; -e;E i5EEE€ g,-?€e €ts€! bZ Ei;:i =iE = is !=g nil TSs.^.=-; <n F -=d.?z-c, tre e i =>: :E9 il'= B8=== =E= E.= 9or- =2 G i i=< F= =s1 =cB'H309 E=9 Eg',ED;- SEE+$P-$$+E=EE $ a00Sl-.-Et4-o-tri -cq -0r tF -60L 00AvLA -'(+)s -() t4Fi -o o0 cRt4 -cE -erl, 0); -q)Lq) *) G ? =e -6t ;t-(IGO& lic)aar. -DLq) .-t \ - IuuJc,IJJ =(, o (u!rtlo .o Eco bood.E OJ o CLo .L a 0.', =a ca bI C) M !Je Srrt\rO{ C'l\\..\cocoN.\.\\c^, C 2 --Er.,:-j -!-l-\-/ I o- =Fo=!)YO-r/ra\ ': l- 5Frr .:'i q aLr l+1 l-tt- l- !-l-L<-!O.iur'-qPr-'ri \,1^. 'r- - )LL l- (i t- lJiI Ir i$ I = l_ L.ri(rL\rr-.r-^-t)l-c--Jd t-no.lO AN-C 1 X -i =\JSJ;J&aJ o o oU) () C)'a t-r 0.,. d o boo& (t)q)v)CEil N q) an CE Er q) ahG 0r o CEe)oFl € q) CEz I(u o'liei oO'dt-t0r Or m d o ooo& O Foa 6dr! oaa a 63LrF 0r c J E bo n O d o Oa 0.',a ca ao(.)& d() F Er !ffi :l :l C=1;V !l =t: '=? :I0.,. =z C) bo J4l-r ts -,=o a!ba ,u q,) lr I '\ I'l E. ;-.a n :/-!:/-.r:! \, .! N tN o (./ a a 0) G-I a I -!.-), ,. z2=-/.\-7Zii ^! -:- L. < ao .\l a(, Na tJi 'c, /. N + q N q) 1-) cd ]Joa h Pa h .o ad Ofr. O t\,) F .pa rd 0-. BI ),=1r,1":NL u C:-o-'A *,- 'l: u L.i !.i c )4ha , a, 6\@ = .- .,Y,--trL=tv | -!- 'Ja (hth i( (n 0- oo0 J e-) ctr(,-.1 lr -i' a o (o 9' ti('.} F. o N g I a oo O o.,1 O)i-. an O L-,0) ahl cc(,r\-'l rO C: {n .C, O a I J4 $-rd 0.',El-ro tJ.'. Lroa ootEo, cl o : q,oc ti)6. E30-EEGIoegi EoE o F oao o. '-oc Ib<=--o>h:P9E66o= I ol3r5l ,EtEl 3r (h O a() \f,NC(..Iilo-q-,9>{j-a8€tr>' +JHO OZ,o)F>c,a)- E o..l.e2 OO,,il6< U)c= =--l-t- 3 'J LrrralJ(J c-,t = ,l(-^/ t- f\-u-_= c-) - i Ol'=.?* x - GE;< , ?f Eha l).lJ. =- = , El?vl ar, g s:= I = s :i ;;- -j-5 -= = =- tr;;; = Z= EA 9E * --5 c) {.=Z - 7-* .25 =-c.; -i = e)''tr^tri;=; ==;gi - e C.l O)a.n^-r.--\i+'=-: E = -=-= o?-;9 >€ E€,,7= ." €\- i: 7;.'JL '\ -., r' 'zri - 2 et^l =a -NtD Lo .-t j liAf,a -()z -IJ i-,v vrh\J EoEI:,E<EE&o .4,Fg,rj (\t3o'3_olEl-(t-a@a,uir/,o. IoaiFiit @ rtio 8rI'tt-3r I I .al 'N s. <D oi Er EEt r cq .J -qa ,{ (gr ? (.)oo- o C) C) I U)() () z, N J O (t- () () IJr .= z,(! '-9*;i(D ,J O'e o. O t-.t O () l- () l- L)o'e t-o- '.a- I o0 .ao l- o.(r il,q- oa C) 0.)& r.ic) 0)a0 cda L)O'e O-,. a ct!O l-( o a;'v c)otr>xoboal rz A .-1 6).=-ox \./ ii ooAU N& C) !) l- (.) 7 o 't I\J C) l-().,. t l- !v to; .\) ()9;i en.= o-c) l<9< -o>a> O troI oo C) (n B o C) !\l O.,. E U C)() O O L<a () bJl :,' C) t< cF- t- o.- 'u9 6)d.=z .2?c6 <& i)txo -L)rq)otr a0 *)faac).-a! -.-IotIA -,t)a chr Oa \Jqtr --nr { IJ RECEIVED l'lAR 0l 2018 CITY CLERKS OIFICE STAFF REPORT PUBLIC UTILITIES DEPARTMENT FEB AI]I F4 DATEI TO: FROM: RE: March 6,201E Honorable Mayor and City Council Kelly Nguyen, General Manager of Public Utitities 'dA' Proposed Resolution Amending Natural Gas Rate Schedule G-2 (Commercial Gas Service) to Add a Fixed Price Option Recommendation A. Find that approval of the proposed action is exempt under the Califomia Environmental Quality Act ("CEQA") review, because it is a govemmental fiscal 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 a resolution modifying the gas tariff to allow commercial 8as customers on the G-2 rate schedule to elect a fixed price for gas supply. Background This is a proposed gas tariff change to allow commercial gas customers on the G-2 rate schedule to elect a fixed price for gas supply for specified quantities during a specified term, up to five years. Fixed prices provide valued price stability to COV customers, presently desirable following the six-dollar price spike in December 2017, and also because f,ixed price offerings are historically low, near three dollars per MMBtu. A redline version of the proposed, modified G-2 rate schedule is attached. The following elements are considered for this new service to Vemon gas customers. Eligible Customers This program is designed for larger customers receiving bundled gas service from City of Vernon, specifically 22 customers consuming at least 180,000 Therms per year. The cut-off at 180,00O Therms is because of a natural break in customer size below 180,000. This service has diminishing value to smaller customers because the cost component of natural gas for them is less significant. Consequently, the 22 largest customers will each be contacted to introduce the program, assess interest, and proceed based on each customer's interest. The distribution of the top 22 customers is shown below. The two largest customers are removed such that the scale is Page I of 3 not skewed. This is because the largest customer consumes over 3,800,000 Therms per month, over three times the third customer in size. 1,4m,(m 12m.ofl) r,0@p@ 8m,ofl) 6@,0@ 4mE 2q),(m o lllllttrrr",, 21 )l25 )1 )9 l1 l) Annual Bundled Gas consumption: Top customers Two top rustomers are removed: 3,800,000 and 2,70O,0O0 Therms per year. CuttomerCount Cutoff atoption 14547 180,m0 51 53 55 51 63 55 57 69 Th/yr 51 5919 41 43 45 47 49 Wholesale Gas Purchase Fixed price gas provided to customers will be purchased through the Resource Management group such that the risk of price fluctuations is hedged, alleviating price risk to COV. Staff will work diligently through the customer list such that, ideally, one wholesale purchase can be made to cover the fixed price supply to the customers. If we assume that 60 percent of the eligible customer load purchases 80 percent of their requirements at a fixed price, the wholesale purchase will be approximately 2,40O MMBtu per month to provide a perfect hedge. Preliminary discussions have occurred with one credible supplier. The supplier has approved COV's credit to make up to a three-year purchase at this level of volume. Procedure for Customer to Elect a Fixed Price For each customer, monthly quantities will be established with an upper limit price accepted by signature. The format for this is shown on the new addendum to the G-2 Rate Schedule. This communication will be done prior to Resource Management making the overall purchase. When the fixed price is then secured by Resource Management, COV will then write in the final price on the addendum. The completed addendum will then be sent to the customer. Customer Billing The gas billing system does not presently have the ability to accommodate multiple commodity prices for retail customers; however, the proper result can be achieved manually. For the fixed- price customer group, an Excel workbook will be used each month to calculate the weighted Page 2 of 3 average cost of the fixed price and variable price supply for each customer. The calculated price will be manually input into the billing system for each customer, and the calculation is included in each customer billing statement. Though manually intensive, this is readily possible because less than 20 customers are expected to elect a fixed price. Administrative Component of Fixed Price The proposed fixed price language includes an administrative component of $0.004 per Therm to cover the additional billing effort and gas management. The billing component is $0.002 per Therm is based on $1,100 per month of labor cost. The gas management component is also $0.002 per Therm based on additional weekend transaction activity in Resource Management. The administrative component for fixed price transactions is in addition to the Commodity Administrative Fee of $0.003 per Therm. Mitieating Financial Risk to COV Fixed price sales to commercial customers will be backed by fixed price purchases from Vernon's wholesale gas suppliers, facilitated through the Resource Planning Group. Accordingly, price risk is mitigated. Volume risk is mitigated as customers will not be allowed to purchase more than their maximum projected loads, and they will be responsible for price variations in the event they do not take their entire fixed price commitment. The remaining financial risk component is if a customer stops payment prior to the end of a ltxed price transaction (for example, bankruptcy), and the fixed price is above market at such time. Such likelihood is very low. Other Changes to G-2 Rate Schedule Beyond the fixed price option, the name for the G-2 Rate Schedule has been changed from "Small Commercial Gas Service" to "Commercial Gas Service." This is appropriate because several larger customers have elected G-2 service to receive the higher level of service priority associated with Core service. Additionally, Special Note 2 has been modifred to streamline the language relating to the connection allowance. The "four cents" language no longer applies, as the th-ree-year allowance is always more beneficial to the customer. Prooositions 2 l8 and 26 This proposed change is not a rate increase imposed on customers. Rather it gives each customer the option to elect for a fixed price. Subject to approval by the City Attomey, these changes do not require notification to all customers giving them the opportunity to protest. Financial Impact to COV This is a new, optional service for COV gas customers. It is designed such that the COV natural gas enterprise is revenue neutral, supported by the administrative component of the fixed price. Fiscal Impact None. Attachment(s) 1 . Resolution 2. G-2 Commercial Gas Service Schedule - Redline Pase 3 of 3 CITY OF VERNON NATI]RAL GAS DEPARTMENT Schedule G-2 -COMMERCIAL GAS SERVICE APPLICABII-ITI This schedule rs forcombined gas commodily and transponaiion service lofommerclal customers using less lhan 250.000 Thcrms per year J!!!t!l!!,e!q gas sen'rce through City of Vernon s nalural gas sysrem. This schcdule is also applicable to all other non-rcsidential customers, rlgirrLlless ol u.ruc rtrlunr.. thlt ha\e elecled Core Service. RA'I'ES . Monlhly Ser\icc Charge: S50 l\4onrhl]' Tran\poneuon Charg('s' RaE. rn Cenll Der Thcrm Tier I 0 - 4.1E7 Therms 11.3l,2 Tier II Orer 4,187 Therms 7.135 Commodity Charge Commodily Chargc rs cqual to the City s Weightcd A\erage Cosl of Cas calculated at the Socalcas Citygate for gas purchased by the City for each month for customeE purchasing gas from the City. Cas supply will consist of monthly index price gas, darly market priced gas. and long-lerm supply puchased fo{ customers Rrchasing gas from the Crty. The Commodity Charge includes the cost of transporting lhe gas to lhe Socalcas Citygate. Bond-frnanced. prcpaid gas may be provided to cuslomers at prices not lo exceed market prices for monthly index price gas. From time-to-lime, the Commodity Charge may include a Purchased Cas Adjustmen( thal will be used to maintai, a zero sum gain toe!! forgas sales. Commodity Adminisrative Fee: 0.30 Cents per Therm Fee. A Fixed hice Addendum musl be execuEd between Custoher and t'age I of2 Cny of vemon ColrrErl R€solution 2018.-.fi.ctive -. mlt fo.nutL.l: l6tined, Indent: Lell: 0", Hangng: r 5^, for Gas Service. to u'hich Cust in the first instance. and whichi Rules for Cas Ser!ice. SPECIAL NOTES I . Prior to thc commencemenl of servicc. Customers purchasing Gas Commodity from Clty ' of vemon shall provide an estimate of each month's consuropdon. days of operatron, and a facility contact responsible for natural gas consuming equipDent. 2. Costs for connecdon ofCustomer's facihty to City'r gas system shall be roJgr.ed bv 9ily qp !q rhree times the projected annual (ransponation revenue 1o lhe City from the account. Customer shall pay th€ balance of the costs- Tbe total conneclioo costs include raffic control. renching. piping. repaving. and inslallation of the meter, regulator(s). and other equipmenr required by lhe City. See also Rule 14. An "Application qnd Contract fot Natural Gas Service" is required. 3. ln the event of cu(ailment, any Cuslomer unable cr uowilling to cunail shall be assess€d penally based on the rale per ThtrE lhar Socalcas wqtld charge cuslomers whose,volumes used are in violation of cunailm€[t. Thc City shall not be liable for damages caused by cunailment, disconlinuance, or shut off of gas s€rvrce. 4. Gas purchascd uod€r this schedule shall be used 6ly by the Custo.ner and such Gas may not be sold, tra$poned, assigned. disributed, crchangc4 or otheflr'ise tmnsferled to b€nefit another customer or provide non-uunicipal natuml gas to alry natuEl gas user. transponer. or consumer within the city. 5. Any dditional transmission cosls. taj[a$ fees, reSulatory surcharges. and inlerstate or ioEastate prpeline chartes. inqtrred by City qr Hlalf of Customcr will be passed through io Customer at cost. Page 2 of2 Cny of v€mon CourEil Resolutio 20lE-- eFecrive -. 2018 D.lct rl: \h!.rr ^\lNr cuirmn ,nd ctry c ' shrll .Dnhhut u d,ur qull !i r(( 8fud!' oI I I r lou fcnN FYTlrm tulrlplkrl b, Cun{mlr : n.)te{eJ unul u\+c n,{ r' .rN\i riri) F'linL ol rir rlrJl r,tu&n.. c'm fturln ldr N 'f,t dtrE.' h) rh. Cn!. or i 1r II\F]D PRICE ADD},\DT \I Citr o[ \ ernr)n \atural (;a\ Rate (;-2 Marimum Fixed Price Accepialle ro Customer: !oJII pcl Ilefn Acrual Fired Pn.E Prolided hv Cirv of Vemon: S tTo h€ ororided h\ Citv) Estimate.l Fixed V Total Price Therms Quantit]' Estimated Fixed VTotal Price Therm: Quantitt; Fdmtttd: oehult Pardqcph Font, Fo.t: 12 pt rqn tbd: Dehult Pardgcph Fdt, Fnt: 12 pi Fqnt ttd: Noiial, Lei, flo wddr/o.dBn co.'irol CUSTOMER: Simed CITI ()I' \ ER\ON: fmtt d: Detaun Paraqraoh Font, Font: 12 ot Foffitt d: oer.un Paraqraoh Font. Fo : 12 ot to.m.t!ed: I{o@1, 1.ft, No wijo4oehan cobd RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING NATI]RAL GAS RATE SCHEDULE NO. G-2 FOR GAS DISTRIBUTED AND SUPPLIED BY THE CITY WITHIN ITS BOUNDARIES WHEREAS, in connection with tshe operaEion of Ehe Vernon natural gas syst,em, the City owns, operaEes and maintains a gas distribution system, which includes not only mains and appurtenances buE also meEers, Iatsera1s and other connection infraslructure; and WHEREAS, the City Council of t.he CiEy of Vernon adopEed Ordinance No. 1122 on September 5, 2006, providing t.hat rates t.o be charged for natsural gas distributed and supplied by tshe city wiEhin its boundaries sha11 be set by resolution; and WHEREAS, by memorandum dated March 6, 2018, the General Manager of Public Utilities has recommended that the City Council amend naEur.al gas t.arif f G-2 (SmalL commercial Gas Service) , to al-l-ow commercial gas customers on the G-2 rate schedufe to elect a fixed price for gas supply for specified quantit.ies during a specified Eerm. up to f ive years ,' and WHEREAS, the CiEy Council of tshe City of Vernon desires to approve Ehe amended natural gas tariff G-2 (commercial Gas Service) . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTIoN 1: The City Council of the city of Vernon hereby finds and deEermines EhaE the above recit.als are true and correct. SECTION 2: The City Council of the City of Vernon fj-nds t.hat this Act (CEOA) resul-t in actsj.on is exempt under Ehe California Environmental Ouality , because it is a governmental fiscal activiEy tshat will nots directs or indirect physical changes in t.he environment, and therefore does not constitsute a "project" as defined by CEQA Guidelines section 15378. SECTION 3: The City Council of che City of vernon hereby revises rate tariff G-2 (smalL Commercial Gas service), to read as sets forth in Exhibit A to this Resolution. Such amendment sha11 become immediatel-y ef fective. SECTION 4: The City Clerk of the city of Vernon shall certify to the passage, approval and adoption of this resolution, and the Citsy Clerk of the City of Vernon sha11 cause this resolution and the City clerk's certification to be entered in the File of Resolutions of tshe Council of this Citsy. APPROVED AND ADOPTED this 5e day of March, 2018. Name: Title: Mayor / Mayor Pro-Tem ATTEST: Maria E. Aya1a, City Clerk APPROVED AS TO FORM: Brian Byun, senior Deputy City Attorney 2 STATE OF CAIIFORNIA COUIiI:|Y OF LOS ANGELES I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that tshe foregoing Resolution, being Resolulion No. was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of tshe City Council duly held on Tuesday, March 5, 2018, and Ehereaf t.er was duly signed by the Mayor or Mayor Pro-Tem of tshe City of Vernon. Executed chis day of March, 20]-8, aE Vernon, California. Maria E. Aya1a, City Clerk (SEAL) 3 EXHIBIT A CITY OF VERNON NATURAL GAS DEPARTMENT Schedule G-2 COMMERCIAL GAS SERVICE APPLICABILITY This schedule is for combined gas commodity and transponation service to commercial customers using less than 250,000 Therms per year receiving Core gas service through City of Vernon's natural gas system. This schedule is also applicable to all other non-residential customers, regardless of usage volume, that have elected Core Service. RATES Monthly Service Charge: $50 Monthly Transporlation Charges :Rate. in Cents per Therm Tier I Tier II 0 - 4,187 Therms Over 4,187 Therms 17.3t2 '7.735 Commodity Charge: Commodity Charge is equal to the City's Weighted Average Cost of Gas calculated at the SoCalGas Citygate for gas purchased by the City for each month for customers purchasing gas from the City. Gas supply will consist of monthly index price gas, daily market priced gas, and long-term supply purchased for customers purchasing gas from the City. The Commodity Charge includes the cost of transponing the gas to the SoCalGas Citygate. Bond-financed, prepaid gas may be provided to customers at prices not to exceed market prices for monthly index price gas. From time{o{ime, the Commodity Charge may include a Purchased Gas Adjustment that will be used to maintain a zero sum gain to City for gas sales. Commodity Administrative Fee:0.30 Cents per Therm Fixed Price Option: Customers with annual gas consumption above [80,000 Therms shall have the option to request a mutually agreeable fixed price on an annual basis for specific quantities (Fixed Price Gas). Fixed Price Gas shall be passed through at City's cost plus 0.40 Cents per Therm to cover additional administrative work for customized billing and additional gas management. This 0.40 Cents per Therm is in addition to rhe Commodiry Administrative Fee. A Fixed Price Addendum must be executed between Page I ot 2 City of Vernon Council Resolution 2018-_ effective ,2018 Customer and City in order to formalize Fixed Price Gas. Customer shall be responsible for payment of Fixed Price Gas in accordance with City of Vernon Contract for Gas Service, to which Customer agreed when applying for gas service in the first instance, and which incorporates by reference the City of Vernon Rules for Gas Service. SPECIAL NOTES l. Prior to the commencement of service, Customers purchasing Gas Commodity from City of Vemon shall provide an estimate of each month's consumption, days of operation, and a facility contact responsible for natural gas consuming equipment. 2. Costs for connection of Customer's facility to City's gas system shall be covered by City up to three times the projected annual transportation revenue to the City from the account. Customer shall pay the balance of the costs. The total connection costs include traffic control, trenching, piping, repaving, and installation of the meter, regulator(s), and other equipment required by the City. See also Rule 14. An "Application and Contract for Natural Gas Service" is required. 3. In the event of curtailment, any Customer unable or unwilling to cunail shall be assessed penalty based on the rate per Therm that SoCalGas would charge customers whose volumes used are in violation of curtailment. The City shall not be liable for damages caused by curtailment, discontinuance, or shut off of gas service. 4. Gas purchased under this schedule shall be used only by the Customer and such Gas may not be sold, transported, assigned, distributed, exchanged, or otherwise transferred to benefit another customer or provide non-municipal natural gas to any natural gas user, transporter, or consumer within the City. 5. Any additional transmission costs, taxes, fees, regulatory surcharges, and interstate or intrastate pipeline charges, incurred by City on behalf of Customer will be passed through to Customer at cost. Page 2 ot 2 City of Vemon Council Resolution 2018-_ effective _, 2018 FIXED PRICE ADDENDUM City of Vernon Natural Gas Rate G-2 Customer: Maximum Fixed Price Acceptable to Customer: $0.41I per Therm Actual Fixed Price Provided by City of Vernon: S (To be provided byCiry) City of Vemon Signature Validating Actual Price: Estimated Fixed Variable Month Total Price Price Therms Quantity Estimate Estimated Fixed Variable Month Total Price Price Therms Quantity Estimate Fixed Price Addendum Page I of 2 City of Vernon Council Resolurion 2018-_ effective ,2018 If during any Month Customer is unable to consume all specified Fixed Price Gas, the ponion not consumed shall be purchased by City according to the Monthly Commodity Charge, minus 1.0 cent per Therm. Such price may result in a loss or gain for Customer compared to the Fixed Price, dependent on current market conditions. The Variable Price shall be the Monthly Commodity Charge. Customer shall be responsible for payment of Fixed Price Gas in accordance with City of Vernon contract for Gas Service, to which customer agreed when applying for gas service in the first instance, and which incorporates by reference the City of Vernon Rules for Gas Service. CUSTONIER:CITY OF VERNON: Signed Printed Title Date Signed Printed Title Date Fixed Price Addendum Page 2 of 2 City of Vernon Council Resolution 2018-_ effecrrve _, 2018 RECEIVED MAR 0 I 2018 CITY CLERK'S OFFICE STAFF REPORT PUBLIC UTILITIES DEPARTMENT RECEIVET} UAR 0 I 2018 C IIY A DI,4 I i{ ISTRAII OI{crr DATE: TO: FROM: RE: March 6,2018 Honorable Mayor and City Council Kelly Nguyen, General Manager of PublicUtilities,((V Award of an Engagement Letter Agreement to Morgan, Lewis & Bockius, LLP for Legal Counsel Asset Acquisition Services Recommendation A. Find that approval of the proposed action is exempt from Califomia Environmental Quality Act ("CEQA") review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Approve an Engagement lrtter Agreement with Morgan, lrwis & Bockius, LLP for l-egal Counsel Asset Acquisition Services, for an estimated amount of approximately $450,000 and for a term not to exceed three years; and C. Authorize the City Administrator to execute an Engagement lrtter Agreement, in substantially the same form as submitted herewith, with Morgan, lrwis & Bockius, LLP. Background The City built the Malburg Generating Station ("MGS") in 2005 and later sold it to Bicent (California) Malburg, LLC ("Bicent") in 2008. MGS is a 120 MW base-load and 134 MW full- load natural gas-hred combined cycle plant. Pursuant to a Power Purchase and Tolling Agreement ('PP[A") with Bicent, the City will purchase all of its capacity and energy from the power plant through 2023, with a possible extension through 2028. The City is responsible for supplying the power plant with natural gas fuel, and makes capacity and energy payments. The capacity and energy payments under the PPTA represent a significant portion of the Vemon Public Utilities Department ("VPU') operating costs. In order to alleviate the burden of the PPTA cost and its impact on the electric rates for customers, staff sought to evaluate if it would make technical and financial sense to acquire back MGS in lieu of continuing to make the capacity and energy payments to Bicent though the term of the PPTA. The City desires to Page I of 3 contract a qualified law f,rrm to provide legal advisory services for the exploration of potential acquisition of MGS, including but not limited to, negotiating the terms and conditions of the transaction on behalf of the City and VPU, conducting due diligence, drafting closing documents, and providing expe( legal advice throughout the entire process. On September ll,2017, City staff properly publicized the Request for Proposal ("RFP") for l-egal Counsel for Asset Acquisition for the Vernon Public Utilities Department, as stated in Vemon Municipal Code section 2.17.14 requirements. The City received a total of six (6) timely proposals from qualified law firms. A panel of City staff was assembled to review submissions and, ultimately selected Morgan, l-ewis & Bockius, LLP ("Morgan [-ewis") to be the most suitable hrm to perform the services identified in the RFP. Morgan Lewis' Scope of Reoresentation Staff is seeking approval to retain Morgan Lewis for the following limited services:o Developing a deal strategy that appropriately phases every aspect of the exploration and acquisition of MGS with the goal of maximizing value for the City; o working cooperatively with City staff, including the City Attorney's Office, to coordinate and not duplicate efforts; e Conducting legal due diligence;r Negotiating terms and conditions with the Bicent that are most favorable to the City; o Assessing risk and providing objective legal and strategic recommendations based on the same; o Drafting and managing the frnal deal documents; o Advising the City at every step ofthe process, including but not limited to recommending the retention of other professionals necessary to complete the deal. Key Terms of the Engagement Letter Agreement a o Retainer is waived: a Conclusion It is recommended that City Council approve the award of an Engagement l.etter Agreement to Morgan Irwis substantially in the same form as attached hereto. The proposed Engagement lrtter Agreement has been reviewed and approved as to form by the City Attomey's office with an anticipated effective date of March 6, 201 8. Fiscal Impact Due to the vicissitudes of any complex negotiation and acquisition, it is difficult to conclude with certainty how much time will need to be spent by Morgan kwis in advising and representing the City in this potential transaction. In its RFP response (attached hereto as Exhibit 2), at the bottom Page 2 of 3 of page 6, Morgan Lewis has attempted to estimate how much certain stages of the representation will ultimately cost. These figures, it should be noted, are based on several assumptions, which are set forth on page 7 of the RFP response. The ultimate figure could be more or less than the estimated amount stated in this staff repon (i.e. M50,000), depending on, e.g., whether those assumptions tum out to be false or unexpected matters arise or become known during the due diligence process. Attachments l. Proposed Engagement Letter Agreement 2. Morgan trwis RFP Response (and enclosures) 3. Request for Proposals (RFP) for lrgal Counsel for Asset Acquisition Page 3 of 3 300 South Grand Avenue Twenty-Second Floor Los Angelet CA 90071-3132 United States O +t.zt:.otz.2soo O +1.213.612.2s01 Morgon Lewis Neeraj Arora Partner2ll 612 7{95 neeraj aroraamorganle\ rs com March 5, 2018 VIA FACSIMILE AND EMAIL City of Vernon 4305 S. Santa Fe Ave. Vernon, CA 90058-1714 Attention: Hema Patel, City Attorney Re: Representation of Ciw of Vernon Dear Hema: Morgan, Lewis & Bockius LLP ("f|LBl appreciates the opportunity to provide legal services to the City of Vernon (the "Cr'!/J in connection with the purchase of the Malburg Generating Station CirGS'and the potential purchase, the "Transation') as well as any additional matters as we may agree from time to time. In accordance with Firm policy, the purpose of this letter (this "Engagement Letter') is to set forth our undeEtanding as to the terms upon which we have been retained. MUTUAL RESPONSIBILTTIES We will provide the legal services that, in our professional judgment, are appropriate for these matters and in accordance with applicable legal and ethical standards. You agree that appropriate representatives of the City will be reasonably available to confer with us upon request, will provide us with such documents and information as you may possess relating to the matters, will disclose all facts and circumstances of which you are aware that may bear upon our handling of the matte6, will promptly pay our fees in accordance with the terms of this letter, and will otherwise assist our efforts as we reasonably request. We agree to report to and receive direction from the General Manager of Vemon Public Utilities only or as otherwise directed from time to time by the office of the City Attorney. SCOPE OF REPRESENTATION We are confident that our services in this matter will prove beneficial and we hope that you will seek our assistance with other matteB in the future. However, our present agreement to provide legal services to the city is limited to the Transaction for which you have engaged us. fu you are aware, we are a large law firm, and we represent many other companies and individuals. It is possible that some of our present or future clients will have disputes or other dealings with the City during the time that we are representing the City. Accordingly, as a condition of our undertaking this matter for you, you agree that Hema Patel, Esq. City of Vernon March 6, 2018 Page 2 this Firm may continue to represent, or may undertake in the future to represent, existing or new clients in any matter, excluding litigation, that is not substantially related to our work for the City, even if the interests of such clienLs in those other matters are directly adveBe to the City. Where ethically permissible to do so, we agree to notiry you of each such repreentation as it arises. We agree, however. that your prospective consent to conflicting representations shall not apply in any instance where, as the result of our representation of the City, we have obtained sensitive, proprietary or other confidential information of a non-public nature that, if known to another client of ours, could be used to the material disadvantage of the City in a matter in which we represent, or in the future are asked to undertake representation of, that client. We certify that, as of the execution of this Engagement Letter, no member, officer or employee of MLB is an officer or employee of the City, except to the extent permitted by law. We are confident that you will find our services beneficial, and we hope that you will seek our assistance in other areas in the future. In that event, the above arrangement would, of course, be subject to review. RETAINER It is customary for Morgan. Lewis & Bockius LLP to require the payment of a retainer in undertaking a new representation. We have not requested a retainer in connection with this representation. However, if our bills are not paid when due, or if the representation proves to be substantially more complex or time-consuming than our initial discussions would indicate, we may ask, as a condition of our continuing this engagement, that you deposit a retainer to be applied against ongoing fees and expenses on terms that will be agreed upon at that time. RESPONSIBLE ATTORT{EY I will remain at your disposal to answer questions regarding these matters and will keep in contact with you regarding their progress. My activities will include: matching the lawyers providing services with the services required; checking periodically with lawyers working on particular matters concerning their prqlress, the existence of problems, and whether any further assistance is required; monitoring the extent of research (if any) required and billing rates of the lawye(s) performing such research; ensuring that client time requiremenls are adhered to; and reviewing bills for any needed adjustrnents relating to value received by the client. If at any time you have questions regarding statemenLs for our services or the management of your matter, you should feel free to contact me at 213-512-7495. STATEMENTS We will send you statements for services rendered and for expenditures which we have made for you monthly. We agree to be bound by the City's guidelines with respect to Expense Reimbursement and Billing Methodology, which are attached hereto as Exhibits A and B, respectively, and incorporated by reference herein. The amounts set forth in the statements are due within thirty days after the statement is mailed. If you have any questions about any statement, please call me promptly to discuss it. Hema Patel, Esq. City of Vernon March 6, 2018 Page 3 DETER.MIilATIOI{ OF FEE You agree that our fee will be based upon the time which we devote to the matter, in accordance with hourly rates assigned to the particular lawyers and legal assistants performing the work. My rate is $800 per hour. These rates are subiect to periodic adjustment, and the rates billed will be those in effect at the time the services in question were rendered. We may separately agree from to time to a special fee arrangement for a specific matter, in which case such fee arrangement will govern our fee for the applicable matter. We have provided you with and you have agreed to a specific fee arrangement for our work in connection with the Transaction (the "Fee Arrangement'). The Fee Anangement is set out in more detail in Exhibit C which is hereby incorporated by reference as though set out in full herein. The Fee Arrangement will govern our work on the Transaction. TIIAINTENANCE AND INSPECTION OF RECORDS The City and any other Federal, State or local governmental agency. and any of their authorized auditors or representatives, shall have access to, and the right to audit and reproduce any of MLBt records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which MLB is properly entitled or for other purposes relating to the Agreement. MLB shall maintain and preserve all such records for at least three (3) years after termination of this Engagement Letter or until an audit has been completed and accepted in writing by City. Upon written notice by the City, MLB shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies. INSURANCE MLB shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of this Engagement Letter, including any extensions thereto. 1. Automobile Liability with minimum limits of at least $ 100,000/300.000/500.000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of $500,000 including owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form. 2. General Liability with minimum limits of at least $1,000,000 combined single limits written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required. 3. As required under California Business and Professions Code 6148, you are hereby advised that Morgan, Lewis & Bockius LLP maintains errors and omissions insurance coverage in the sum of at least $1,000,000 that will be applicable to the services to be rendered pursuant to this letter. To the extent this policy is a claims-made policy, a "tail" of at least three years shall be purchased if non-renewed within three (3) years of completion of performance under this Engagement Letter. Hema Patel, Esq. City of Vernon March 6, 2018 Page 4 4. MLB shall comply with the applicable sections of the California Labor Code concerning worke6' compensation for injuries on the job. Compliance is accomplished in one of the following manners: a. Provide copy of permissive self-insurance certificate approved by the State of California; or b. Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of 91,000,000 per accidenu or c. Provide an insurance exemption form certifying that no employees subject to workers' compensation law will be used in performance of this Engagement Letter, TERIII AND TERMINATIOIII We anticipate a long and mutually satisfactory relationship. For purposes of this engagement, we agree that our services shall officially commence upon the full execution and approval of this Engagement Letter (the "Effective Date), which is subject to City Council approval. In addition, This Agreement shall automatically terminate three (3) years from the Effective Date, subiect and pursuant to the terms of this Agreement. You have the right to terminate our engagement at any time and for any reason or for no reason by giving us written notice of termination. We also have the right. subject to our responsibilities under applicable ethical rules, to terminate our engagement by giving you written notice if you fail to cooperate with us or to pay our bills when due or if we determine that continuing to represent you would be unethical, impractical or improper. If our relationship is terminated by either of us, you will remain obligated to pay us in full for our past services and for costs and expenses in accordance with the terms of this letter. Hema Patel, Esq. City of Vernon March 5, 2018 Page 5 CHOICE OF I-AW This Contract shall be govemed by and construed in accordance with the laws of the State of California, without regard to such statet conflict of laws princlples. LTVING WAGES Outside consultants working on City service contracG of any amount, as to all employees spending time on City contracts, shall observe the CiVs Living Wage Ordinance and all requirements thereof at all times on City contracG. The Current Living Wage Standards are set forth in Exhibit "D". EOUAL EiIPLOYMENT OPPORTUilITY PRACTICES MLB certifies and represents that, during the performance of this Engagement Letter, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. MLB further certifies that it will not maintain any unlawfully segregated facilities. The Equal Employment Opportunity Practices provisions are set forth in Exhibit "E". ETHICAL GUARANTEES MLB warrants that no gratuities (in the form of entertainment, gifu, or otherwise) were offered or given by MLB, or any agent of representative of MLB, to any officer or employee of City with a view toward securing this Engagement Letter or favorable treatment with respect to any determination concerning the performance of this Engagement Letter. In the event of breach of this warranty, City shall be entitled to pursue the same remedies including, but not limited to, termination, against MLB as it could pursue in the event of MLB's default. MLB and its members shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). SEVERABILITY If any term or provision of this Engagement Letter. or the application of any term or provision of this Engagement Letter to a particular situation, shall be finally found to be void, invalid, illegal, or unenforceable by a court of competent jurisdiction, then notwithstanding such determination, such term or provision shall remain in force and effect to the extent allowed by such ruling and all other terms and provisions of this Engagement Letter or the application of this Engagement Letter to other situations shall remain in full force and effect. Notwithstanding the foregoing, if any material term or provision of this Engagement Letter or the application of such material term or condition to a particular situation is finally found to be void, invalid, illegal, or unenforceable by a court of competent jurisdiction, then the parties hereto agree to work in good faith and fully cooperate with each other to amend this Engagement Letter to carry out its intent. Hema Patel, Esq. City of Vernon March 6, 2018 Page 5 NO ASSIGIIMENT No assignment by a party hereto of any rights under or interest in this Engagement Letter will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically state to the contrary in written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under this Engagement Letter. AGREEMENT APPLICABLE UNTIL CHANGED III WRTTING This agreement will apply to any additional matters we agree to undertake upon your behalf unless we enter into an express written agreement reflecting an alternate arrangement. Any modification of this Engagement Letter will be effective only if it is in writing signed by all parties to this Engagement Letter, and, where applicable, if it is approved by City Council. Please review this letter carefully, and raise and discuss with me any questions which you may have. If this letter accurately reflects your undeBtanding of our attorney-client relationship, please indicate your approval and acceptance by dating and signing the enclosed duplicate of the letter and returning it to me. Your signature indicates your authority to act on behalf of the City of Vernon. Sincerely, Neeraj Arora DATED:CITY oF VERNON, a California charter City and California municipal corporation Carlos R. Fandino, Jr. City Administrator ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: By: Hema Patel, city Attorney Hema Patel, Esq. City of Vernon March 6, 2018 Page 7 EXHIBIT A EXPENSE REIMBURSEMENT GUIDEUNES 1. The City will reimburse Associate Counsel for the following actual expenses:a, OuEide printing costs;b. Outside copying costs (not to exceed 15 cenLs per page);c. Long distance telephone calls;d. Faxes; e. Transcription fees;f. Court reporter's fees;g. Ground transportation (in the amount set forth by the Internal Revenue Service standard mileage rate). 2. Any other expense (e.9., travel expenses or travel time beyond Southern Califomia) must be approved by the City in writing and in advance, 3. Unless otherwise agrd in writing in advance, no compensation shall be allowed for general overhead or support services such asa. Typing;b. Word processing;c, Scanning hard-copy documents to .pdf format;d. Secretarial time of any nature (normal, overflow, or overtime);e. Clerical work;f. Lexis or Westlaw;g. Equipment rental;h. Calendaring;i. Se$ing up files;j. Updating files;k. Computer time or seNice. 4. There shall be no mark-ups on outside services. 5. Any single disbursement item in excess of or anticipated to be in excess of $500.00, including, but not limited to, investigators, copying, and experts, must be approved in writing by the City prior to incurrence. Failure to obtain such approval shall be grounds for denying reimbursement. Requests for cosLs exceeding $500.00 shall contain a recommendation of alternative information services, including use of City employees. MLB will use City Staff in lieu of outside experts whenever feasible. 6. The City expects moderation with regard to all expenses. Hema Patel, Esq. City of Vernon March 5, 2018 Page 8 EXHIEIT B BILUNG METHODOLOGY GUIDELINES Unless otherwise agreed, MLB shall provide monthly bills unless fees and costs for a particular month are insignificant (i.e., $500 or less), in which case such charges will be added to the following month's bill. The following information must be provided in monthly bills: A. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. MLB shall keep the City advised regarding the identity and the billing rates of those people who work on the account. B. Each billing item will be separately stated on a separate line identifying the biller, the time spent, and the exact nature of the service rendered. Narrative billing and block billing are unacceptable. For example, if numerous tasks are undertaken in one day. each should be identified with a specified time for performing that task, i.e. a telephone call, a court appearance, a meeting or legal research. All task performed on the same day should be entered as separate entries, identirying the time spent on each. Telephone conferences should specifi the participants and the subject matter discussed. The City will not pay for vague descriptions for services which do not state the precise nature of the work performed and the need for the work. Words such as "research", "strategy", "analysis", "discovery", "conference", "preparation", "case management", "memorandum", "correspondence", "telephone call" or "meeting", without an explanation of (1) the specific topic or subject matter, (2) the persons involved, and (3) the need therefor, do not allow for accountability and are therefore non-reimbursable. C. The City will not pay for inter-office conferences among attorneys/billeB unless a conference is a necessary strategy meeting relating to some significant legal issue or event and then only one attomey may be billed. Where charges are made for conferences, the specific reason and need for each conference must be stated in detail, and the participants identified. D. Where charges are made for research time, the specific issue being researched and the need must be identified. City has retained MLB for its expertise, and therefore expects not to be billed for introductory or background research, The City will not pay for attorneys, law clerks and paralegals educating themselves or doing work of a transient nature on the case. E. The City expects the attorney assigned to the case to handle all significant matters in the case. If other attomeys are assigned to assist the primary attorney, the City must be notified. The City may request that the assigned work be instead handled by the primary attorney, Thus, only those attorneys or peBons approved in advance by the City may bill on the case. Upon City request, resumes will be provided for all persons (other than clerical or secretarial) working on the case. F. No more than two non-attorney support staff may bill on a particular case without the prior approval of the City. G, One paralegal may be used. Assignment of work to such paralegal should not result in duplicative work by the attorneys, or reworking of paralegal's work. Paralegals shall not Hema Patel, Esq. City of Vernon March 6, 2018 Page 9 perform clerical work, such as filing, indexing, date-stamping, organizing, etc., but shall perform work such as research, summarizing data, investigation, etc. H. The City will not pay for more than one biller doing any task (e.9. two or more attorneys attending the same outside meeting, a biller redoing the work of another biller, or duplicative entries for reviewing and analfzing documentation and legal research). I. Charges for time spent complying with billing inquiries and/or City audits are non- reimbursable. J. No finance charge or interest will be paid by the City, nor billed by MLB. K. MLB shall not engage or otherwise incur an obligation to pay other counsel, specialists or experts for services in connection with this Agreement without the prior written approval of the City. Hema Patel, Esq. City of Vernon March 6, 2018 Page 10 EXHIBIT C FEE ARMNGEMENT Under the Engagement Agreement, the City shall receive a flat 15o/o discount off of MLB'S base rates. Under this structure, MLBt fees shall be due and payable regardless of whether the Transaction ultimately closes; however, MLB agrees to minimize its fees until such time as the City has greater certainty that the transaction will close. Hema Patel, Esq. City of Vernon March 6, 2018 Page 11 D(HIBIT D LMNG WAGE PROVISIONS Itlinimum Livino Waoes: A requirement that Employers comply with applicable living wage ordinances. Paid and Unoaid Davs Off: Employers comply with applicable state and local sick leave laws. IIo Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employe/s compliance with the living wage ordinance. Hema Patel, Esq, City of Vernon March 5, 2018 Page l2 EXHIBIT E EQUAL OPPORTUNTY EMPLOYMENT PMCTICES PROVISION A. MLB certifies and represents that, during the performance of this Engagement Letter, it shall adhere to equal opportunity employment practices to assure that applicants and employees and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. MLB further certifies that it will not unlaMully maintain any segregated facilities. B. MLB agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of MLB, use commercially reasonable efforts to 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. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. Morgon Lewis I e,.oposar GITY 0I Urnlr0lr n$Porsr r0 Rr0ursl ]on PnoPo$t IoR lrGrl G0UilSrl ron ISSE rcllursrfl 0X September 25,20L7 Morgon Lewis eeraj Arora Partner-Elect +1.213.612.7495 neeraj.arora@morganlewis.com September 25,20L7 VIA ELECTRONIC DEUVERY AND PERSONAL DEUVERY City of Vernon Attention: Kelly Nguyen General Manager of Public Utilities 4305 Santa Fe Avenue Vernon, CA 90058 knguyen@ci.vernon.ca.us Dear Ms. Nguyen: Thank you for the opportunity to present Morgan Lewis's qualifications to advise The City of Vernon (the 'Cr'f/) in connection with its planned acquisition of the approximately 134 MW combined cycle combustion turbine power project known as the Malburg Generation Station ('ttlG,S,), which is currently owned by Bicent Power ('Br'oenfJ and operated by Heorot Power. The contents of this document shall remain valid for a period of not less than ninety (90) days from the date of submittal. Introduction We undeEtand that the purchase of MGS will provide significant benefit to the City. MGS was developed by the City in 2005 and sold to Bicent Power (then known as BeoWulfl in 2007. In connection with the sale, the City entered into a take back power purchase agreement (the "PPI') for the output of MGS. At the time, the City was grappling with a historic credit crisis that was significantly raising iLs borrowing costs, and so agreed to high PPA prices (including a significant step-up commencing in 2Ol7) in order to raise additional capital that could be used to pay down its debt burden. Although the transaction was successful in the short-run, it has saddled the City with high PPA prices in the long-run. Buying back MGS will give the City the ability to terminate the PPA and reduce its overall payments for power. I.lorgan, Lewis & Bockius LLP 300 South Grand Avenue Twentv-Second Floor Los Aneeles, ca *O7L-3132 (, +1.213.612.2500 t nited States O +1.213.512.2501 Kelly Nguyen City of Vemon September 25, 2017 Page 2 Scooe of Work The transaction will be much more complex than it may appear on its face. First, the City will need to assume (or contract for) the operation and maintenance of MGS. Since the City will own MGS outright, it will be critically important for the City to mitigate any operational risks to the extent it can. Second, the City will need to finance its purchase of MGS, which it will likely do by tapping the tax- exempt bond market. The importance of execution on the bond sale cannot be overstated since the fundamental premise of this transaction is to take advantage of the arbitrage between the City's debt service under the bonds and the prices that it would have paid under the PPA. Finally, the City will need to enter into a purchase agreement with Bicent Power for MGS with the additional complexity of having to coordinate the closing under the purchase and the bond financing. Work Plan We are well positioned to assist you in each phase of the transaction. We list below our plan and qualifications to assist you with each of the services that you included in your Request for Proposals. . Developing a deal stntqy that apprcpriately phases every aspect of the acquisition with the goal of maximizing value for the City The City will need a cohesive overall deal strategy given the multiple moving pieces and Morgan Lewis is uniquely positioned to provide the City with strategic guidance for a number of reasons. First, I personally am very familiar with MGS, the PPA and Bicent Power. Thus, I can provide both legal and practical guidance on how to approach the negotiations with Bicent Power. Second, Morgan Lewis has significant experience both on project M&A and financing, and both sets of expertise will be required here. I personally have represented significant participants in the energy sector with financed acquisitions, including Energy Capital Partners on the sponsor side and Barclays on the lender side. Therefore, I have a deep understanding of the key issues the City is likely to encounter in this context. While the City will have separate bond counsel, it will still need overall deal counsel to coordinate the financing with the proposed purchase. Finally, this transaction is likely to involve significant transactional costs (including the retention by the City of a variety of technical, financial and legal advisors) and I can provide the City with guidance on how to ramp up such costs as transactional risks are mitigated. Kelly Nguyen City of Vernon September 25, 2017 Page 3 . Wo*ing @opentively with City statt, including the City Atbrney? Office, b cootdinate and not duplicate efforb We recognize that the City has significant internal legal resources. We believe that is a great asset for the City and will allow us to work more efficiently. The City will be faced with many complex legal issues during the course of this transaction and we believe that the City Aftorney's Office will be the key bridge between outside counsel and City staff. We will coordinate with the City Attorney's Office to ensure that the process is being handled in the most efficient way possible. I personally have significant experience working with the City. I will be able to leverage that experience to allow our team here at Morgan Lewis to work efficiently with the City staff, particularly the City Aftorney's Office. In addition, we routinely work with other outside legal advisors and consultants (including technical and financial consultants). We are experienced working as part of a team that will be under the overall coordination of the City. . Conducting lqal due diligene We are well positioned to assist the City in conducting legal due diligence on all aspects of the transaction. Legal due diligence will include, without limitation: (i) state and federal regulatory approvals and consents, including analysis regarding the need for a FERC 203 approval under the Federal Power Act and any required antitrust approvals (if any); (ii) interconnection related issues, including an analysis of requirements associated with the termination of Bicent's existing interconnection agreemenU (iii) real property diligence associated with the termination of Bicentt ground lease and any corresponding title issues; (iv) environmental diligence, including advice associated with structuring an appropriate environmental baseline to insulate the City from liability associated with Bicent's operation of MGS; (v) tax diligence, including a consideration of any tax implications associated with the purchase, working with bond counsel to structure Kelly Nguyen City of Vernon September 25, 2017 Page 4 the transaction in a fashion to take advantage of tax-exempt structures and tax considerations associated with the City's prepaid gas contract; (vi) permitting and contract diligence associated with modifications to MGS that the City may be able to undertake to maximize value from the transaction; and (vii) corporate diligence typically undertaken in transactions of this type, including both an analysis of the Seller's corporate authority to enter into the transaction and potential issues implicated in the City's other transaction documents. . Ilegotiating terms and @nditions with the current owner of the power plant that are most favoftrble to the City We have significant experience negotiating complex acquisition agreements for major power projects and will be able to leverage that experience to provide expert counsel to the City. We can provide guidance to the City on "market" terms and conditions to give the City comfort that it is obtaining the best deal available for this transaction. In addition, we understand the deal dynamics that will apply in the context of an acquisition financing transaction as well as the constraints applicable to the seller in the context of iLs non-recourse project financing. We can use this understanding to guide the City on how and when to negotiate with the seller in order to maximize iLs negotiating leverage. . Assessing risk and providing objective legal and stratqic recommendations based on the same It will be critical for the City to assess the risks associated with this transaction and minimize them to the extent possible. Our experience in this sector coupled with my significant experience with MGS uniquely positions us to provide the City with legal and strategic guidance in order to minimize risks associated with closing the transaction as well as risk assumed by the City in connection with the proposed acquisition. In addition, our knowledge of the City's portfolio of power related assets, including its gas prepay contract and its interests in the Palo Verde Nuclear Generating Station and Hoover Dam, will allow us to provide additional strategic guidance to the City. Kelly Nguyen City of Vernon September 25, 2017 Page 5 . Dnfring and managing the frnal deal documenB Our team of lawyers routinely drafts and reviews definitive documentation for the disposition of major electric Aeneration projections, including the definitive purchase agreement as well as all required ancillary documents. In addition, we have significant experience in drafting short form lefters of intent and term sheets that can be useful during the early stages of the transaction to confirm that there is a meeting of the minds on critical legal and commercial issues before the parties incur signifi cant transactional expenses. c Advising the City at eve,y step of the pro@ss, including but notlimitd to rc@mmending the ,etention of other professionals nacessary to aomPlete the deal. We understand that it will be important for the City to mitigate its transaction expenses by exploring this acquisition in a phased manner. We can provide the City with strategic Auidance on how to appropriately phase its approach to this deal so that it can mitigate the risk associated with various downside cases. As highlighted by our experience set forth below, we routinely work on large transactional matters involving significant power assets, including gas-fired generation. As such, we routinely work together as part of a team that includes other legal advisors, bankers, technical consultants and other business and financial advisors. We know how to "stay in our lane" while at the same time flagging material risks for the right team members so that the team can collectively maximize value for the client. Fee Proposal We are pleased to offer the City two fee structures that it may choose from, both of which have been vetted by and approved by our firm management. The first structure is a flat 15olo discount off of our base rates. This is more than what we typically provide to our clients that engage us on a one-off basis for significant transactional work. Under this structure, our fees would be due and payable regardless of whether the transaction ultimately closes; however, we would seek to minimize our fees until such time as the City has greater certainty that the transaction will close. The second structure is at our base rates with an aggressive 30o/o busted deal concession. In exchange for providing the 30% busted deal concession, we would Kelly Nguyen City of Vernon September 25, 2017 Page 6 charge a 5olo premium over our base rates in the event that the transaction closes. Under this structure, the City will be entitled to 30% off of our base rates. If the deal does not successfully conclude, the City would not be obligated to repay the concession. If the deal does conclude, then the City would be responsible for a 5olo premium above our base rates. Under this structure, we would share transactional risk with the City, and the City would have some downside protection with respect to legal transactional costs if the deal does not get to a successful conclusion. We do not typically offer a 30o/o busted deal concession but are mindful that the City does not typically retain legal advisors at our rates. This structure ensures that the City will have a significant discount off of our base rates unless the proceeds of a successful closing are available to pay such costs. The following table shows my base rates along with the rates of other attorneys that I would expect to work on this transaction. Given the nature of this transaction, it is difficult to say what the overall fees will be. However, at your request, we have provided the following "not to exceed" amounts based upon the assumptions set forth below2: 1. Initial Strategic Guidance and Coordination - $75,000 2. Legal Due Diligence - $75,000 3. Negotiation of Definitive Documentation - $200,000 4. Coordination with Financing Team - $100,000 I Please note that these rates are based on our 2017 rates. Our rates periodically increase from time to time and we reserve the right to adjust our base rates. We would inform you of any change in our rates.2 These amounts are based on our base rates less 15olo. Appropriate adjustments should be made if the City elects to use the 300/o busted deal concession structure outlined above. Attorneyl Base Rate 15o/o Discount 30o/o Discount Neeraj Arora $7ss $642 $s29 Michael Muller $730 $621 $s11 Hank Weintraub $37s $319 $263 Kelly Nguyen City of Vernon September 25, 2017 Page 7 It is our expectation that you would not proceed with items 3 and 4 unless you had reasonable certainty that you would be able to achieve a successful closing of the transaction. For purposes of the foregoing, we have assumed the following: . Negotiations for the transaction will proceed as is customary for transactions of this type, and will not be unusually long or protracted; o The transaction will sign by the end of the year and close in a reasonable period of time thereafter; . There will be a reasonable number of in-person meetings and many of the negotiations will take place through conference calls in lieu of in-person meetings; . There will not be any unusual regulatory or political issues that will delay or complicate the transaction; . You will coordinate appropriately with us to ensure that advice from subject matter experts is solicited on a reasonable basis; . Legal services provided that are outside of the scope of the areas set forth above are not included in the "not to exceed" amounts; . We will exchange a reasonable number of drafu of definitive documentation with the counterparty; . The appropriate counterparties will be represented by competent legal counsel that can provide reasonable guidance on market standards; . We will not be required to provide a legal opinion in connection with the transactions contemplated by this transaction; and o The City and its advisors will coordinate with us in a reasonable fashion so that we can provide services in an efficient fashion. Kelly Nguyen City of Vernon September 25, 2017 Page 8 Abilitv of Proooser to Perform Morgan Lewis is a leading provider of legal services around the world, with extensive experience in providing practical, thoughtful, and informed advice on some of the worldt most complex and significant energy transactions. Our practice is global in scope with over 2,200 legal professionals, including lawyers, patent agents, employee benefiLs advisers, regulatory scientists, and other specialists working in over 30 offices around the world. Our energy practice includes over 100 lawyers working in offices around the world who are experienced working on all types of energy assets, including nuclear generating stations, renewable energy projects and conventional gas-fired power projects. Morgan Lewis is uniquely positioned to assist the City with this transaction. We have extensive experience representing a broad spectrum of energy industry padicipants (including affiliates of regulated utilities) in all aspects of mergers & acquisitions and financing activity involving electric energy generating projects, including many of the most significant gas-fired generation projects in the country. We represent clients in mergers, consolidations, acquisitions, and divestitures involving novel issues of industry structure, tax, antitrust, labor relations, and related business and regulatory matters. We operate as a team so you will have the full resources of the firm at your disposal. A list of our experience and references is set forth below. In addition to our significant general experience with these types of transactions, as you are aware, I represented the City in connection with the original sale of MGS and related electrical generation and transmission resources. As a result, I am very familiar with MGS as well as the general process associated with working with a municipality on transactions of this type. In addition, I represented the City for many years on issues related to MGS as well as subsequent purchases of assets that were intended to be used for the generation of renewable energy resources. I believe that my familiarity with the City and MGS will allow Morgan Lewis to complete this work more efficiently and effectively than any of our competitors. I am honored to have the opportunity to continue to represent the City. Me,ge,s and Aquisitions We have handled a number of acquisitions of significant power projects, and our lawyers are very familiar with the regulatory environment. Some recent examples are highlighted below: Kelly Nguyen City of Vemon September 25, 2017 Page 9 . Represented Atlantic Power Corporation in the acquisition and financing of a 155 MW power generation facility in Florida. . Represented funds managed by private equity fund manager Ares EIF Management, LLC in connection with the sale of l00o/o of their interests in the Pio Pico Energy Center, an approximately 318 megawatt natural gas-fired combined-cycle electric Aeneration facility located in Otay Mesa, California. Our team advised on numerous aspects of the sale, including tax, regulatory, antitrust, environmental, and real estate matters. We previously served as project counsel to Ares EIF in connection with the construction, development and project financing of the Pio Pico Energy Center which was named 2015 North American Power Deal of the Year by LlGlobal/Project Finance and Infrastructure J ou ma l. . Represented Atlantic Power Corp. (Atlantic) and its subsidiaries Atlantic Piedmont Holdings, LLC and Atlantic Power Holdings, Inc. in the sale of 100o/o of the interests in Piedmont Green Power, LLC, which owns an approximately 55 MW biomass-fired electric Aeneration facility located outside of Atlanta, Georgia. . Represented funds managed by Ares/Energy Investors Funds in connection with its funding of the development of the Hilltop energy project and purchase of 100% of the equity interests in the Hilltop project. Serving as lead project counsel, we represent the Hilltop project in connection with the development and project financing of a 535 MW combined cycle gas-fired facility in Greene County, Pennsylvania. . Represented Ares EIF Management, LLC in the development, development financing, and subsequent sale of the 775 MW Keys Energy Center power project to a subsidiary of PSEG Power. . Represented Highstar Capital IV 1.P., and its affiliated funds (Highstar IV), managed by Oaktree Capital Management L.P., in the acquisition and project financing of the Salem Harbor Power Station development project, an approximately 700 MW gas-fired power plant to be built in Salem, Massachusetts. . Represented LS Power and its affiliate, WDE Partners, L.P. in connection with the sale of 100o/o of the equity interests in West Deptford Energy Holdings, LLC, which is the indirect owner of an approximately 751 MW natural gas-fired power generation facility located in West Deptford Township, New Jersey to a new formed special purpose entity jointly owned by a group of investors including a minority interest owned by WDE Partners, L.P. Kelly Nguyen City of Vemon September 25, 2017 Page l0 . Represented funds managed by Ares/Energy Investors Funds in connection with its purchase of 100o/o of the equity interests in the Birdsboro power project under development from EmberClear. Serving as lead project counsel, we represent the Birdsboro project in connection with the development and project financing of a 450 MW combined cycle gas-fired facility in Berks County, Pennsylvania. . Represented Highstar Capital in the purchase by its affiliates of GWF Energy, which owns three natural gas-fired power plants with a combined capacity of 530 MW in California. Pruiect Financing Although we anticipate that the City would use separate bond counsel for this transaction, it will be important for your M&A and deal counsel to understand the financing process since the deal economics are predicated upon effective execution of the financing. As such, we want to flag for you some recent examples of our expertise in this area: . Advised Carroll County Energy in an approximately $900 million project financing of a new electric Aeneration facility to be built in Northeastern Ohio. . Represented Moxie Energy, Caithness Energy, and their subsidiary Moxie Freedom in the development and project financing of Moxie Freedom's planned 1,029 MW natural gas-fired combined cycle power plant in Pennsylvania. . Advised EFS Cogen Holdings I, iointly owned by affiliates of firm clients Oaktree Infrastructure (formerly Highstar) and Ares EIF Management, in a seven-year, $1.05 billion term loan B project financing and a $125 million five- year revolving credit facility to refinance a 942 MW gas-fired power plant in Linden, New Jersey. Proposd Team Core Deal Team I will lead the Morgan Lewis team in the proposed representation. For the past eleven years, my practice has included the representation of project sponsors, lenders, and investors in a broad array of power acquisitions, project finance, and project development matters. Michael Muller, a partner-elect in our Boston office, will assist me in connection with this transaction. We are including Mike as a core member of this team given Kelly Nguyen City of Vernon September 25, 2017 Page 11 his significant recent experience advising clients on major sales and acquisitions of gas-fired generation, including many of the deals noted above. In addition, we will be assisted by Hank Weintraub, an associate resident in our Los Angeles office. Hank has significant experience at the associate level working on large energy infrastructure projects and mergers and acquisitions related to energy generation projects. SpeialistTams State and Federal Regulatory To the extent state regulatory support is required, we anticipate that such support would be provided by energy regulatory partner Bill Kissinger, a Chamberc- ranked California, energy state regulatory and litigation lawyer. To the extent federal regulatory support is required, we anticipate that such support would be provided by energy regulatory partner Mark Williams. Mark formerly was an attorney with the FERC and is intimately familiar with all aspects of FERC approvals, including FERC 203 approvals. Permitting and Environmental Issues To the extent environmental support is required, we anticipate that such support would be provided by Ella Foley Gannon, also a Chambers-ranked attorney, for environmental regulation, permitting, and land use expertise in our San Francisco office and who has supported numerous energy transactions. Real Estate Our real estate lawyers assist clients in connection with the sale, acquisition, lease, or financing of real estate asseLs related to energy projects, including coordination of the due diligence efforts (including recent revisions to the "all appropriate inquiry" standard) and assist with the negotiation and drafting of documents, such as specialized representations, warranties, indemnifications, release, allocation, and escrow provisions. We also work with our clients and consultants to assess remediation options and, where appropriate, develop deed restrictions. Working with our environmental team, our real estate lawyers have negotiated "prospective purchaser agreements" to limit the liability of purchasers of contaminated property. In addition, we review and recommend environmental insurance policy coverage where appropriate. Kelly Nguyen City of Vernon September 25, 2017 Page 72 To the extent real estate support is required, we anticipate that such support would be provided by real estate partner Matr Liverant and associate Paul Williams. Marc and Paul recently assisted AES in connection with real estate transactions undergirding the $2.3bn financing of its Southern California gas-fired repowering projects. Tax Morgan Lewis'tax lawyers advise clients engaged in both conventional energy and alternative energy production and distribution. Our tax team works alongside our energy and project finance and environmental colleagues on all of the firm's energy and independent power-producer energy deals. Our tax lawyers also have expertise in state and local tax (SALT) issues. To the extent tax support is required, we anticipate that such support would be provided by tax partner Paul Gordon and tax counsel Daniel Dixon. Client Refe,cn@s Reference 1: Eric Pendergraft, President AES Southland (s62) 493-78ss eric.pendergraft @aes.com Reference 2: lohn H. Foster, Chief Executive Officer, Southwest Generation (303) 623-1132 fosterj@southwestgen.com Reference 3: Kamran ldrees, General Counsel, Nexamp Inc. (978) 326-7208 kidrees@nexamp.com We are happy to provide additional references at your request. Kelly Nguyen City of Vemon September 25, 2017 Page 13 Affidavit of Non-Collusion We have separately attached the affidavit of non-collusion. *x* We very much appreciate your consideration of Morgan Lewis for this opportunity and would be happy to further discuss how we can assist you. We are confident that we can deliver cost-effective and comprehensive legal assistance in support of the acquisition of MGS. Please do not hesitate to contact me if we can provide you with any additional information. Sincerely, ^/- /-- Neeraj Arora NA Enclosures: 1. Signed Affidavit of Non-Collusion 2. Gas-Fired Power Brochure 3. Global Electric Power Capabilities Brochure and Proposed Team Profiles Morgon Lewis At Morgan Lewis, we see our clients as partners. Whether you've been with us for days or decades, whether you're today's industry leader or tomorrow's game-changer, we're always responsive and always on. Connectwithus: @@@ www.morganlewis.com O 2017 Morgan, Lewis & Eodius LLP O 20 I 7 Morgan Lewis Stamford LLc O 2017 Morgan, Lews & Bodrus UK LIP Morgan, Lewis & Eoclius uK tIP b a limited liability parhership registered in England and Wal6 under number 0(378797 and G a law firm authorised and regulabd ry the Sollotors Regulaton Authonty. The SRA authonrabon number is 615176. Thls material 15 provided for yow convenience and does not consutute legal advrce or qeate an attomey-drenl relabonship, Pnor results do not guarantee similar outcomes, Attomey Advert6in9, Morgon Lewis I GIIY ll[ UTR]III]I RtsP0xsr r0 Rtoutsr ron PR0P0sll - l,tGllG0uxsfl ron rcoursrrur 0] ttlBU[G GIxHtTr0x sTtTtox - stGxHt ffIllllurr 0r x0r-Gotlusr0r September 25 20L7 Morgon Lewis Proposar table of contents Signed Affidavit of Non-Collusion tab 1 AFFIDAVIT OF \O:{-COLLUSION BY CONTRACTOR SIATE OF CALIFORNIA COUNTY OF LOS ANGELES being first duly swom deposes and says that he,she is /arrhcr- €/cct who submits berewith to the City of Vemon a bid/proposal ; That all shlements of faa in such bid/proposal are tsue; That such bid,'p,roposal was not nnde in the interst of or on behalf of any rmdisclosed perscu patership, company, associatioq organization or cotporation; Tha such bid/proposal is gcnuinc and not collusive or sham; That said bidder has not, direaly or indirectly by agrecnrnt, communication or conference with anyone alelryted to induce action pEjudicial to tlE inter€st of th€ CiU* of Vemon, c of any orher bidder or anyone else interested in fie Foposed conEact: and furtler Thd prior to the public opening and rcading ofbidJpoposals. said bidder: a Did mt directly or indirectly, induce or solicit anyone els€ to submit a Else or sham bid/proposal: b. Did not direc{y or indirectly. colltde, conspire, connive or agee with an}one else that said bidder or anyone else would submir a false or sham bid,iproposal, or that anyone should refrain &om bidding or withdraw histrcr bidi poposal; c. Did not, in any manner, directly or indirectly seek by agreemen( communication or confercnce with anyone to raise or 6x the bid/proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of hivher bidrproposal price, or ofthat ofanyone else; d. Did not, directly or indircctly, submit his/her bid,/proposal pric€ or any breakdown thereof, or the contents thereot or divulge infornration or data rclative thereto. to any corporatiorl partnership. company, associatioq organization, bid depository, or to any rEmber or agent thereof, or to any individrul or group ofindividuals exc€pt th€ City ofVemon, or to any penon or persons rr{p have a parmenhip or odrer financial interest with said bidder in his/her business. ) )ss ) (lB.n "Soh O*8r". "P-[td". 'RBidcd. 'Serq.ry" or oth.r prQ.r Dtlc) March l0l l Morgon Lewis At Morgan Lewis, we see our clients as paftners. Whether you've been with us for days or decades, whether you're today's industry leader or tomorrow's game-changer, we're always responsive and always on. connectwithus: @@@ www.morganlewis.com @ 2017 Morgan. Lewis & Eockius tIP O 2017 Morgan Lewis Stamford LLC O 2017 Morgan, Lews & Eockus IJK LLP Morgan, Lewis & Eockius uK LtP is a limited liability pamership registered rn England and wales under numb€r OC378797 and is a law fim authorised and regulated by the Solicito6 Regula[on Authority. The SRA authorisation number is 615176. This material 6 provided for your conyenience and does not connifute legal advice or create an attomey-dient relabonship. mor results do not guarantee similar out@mcs. Attomey Adv€rbsrng Morgon Lewis I e,oposar GIIY lI] UTB]III]I RrsPorsrro Rr0u$r ron PR0Postl- ltGllG0UrSfl ]0n moursrmx 0I tllBUnG GrffntTl0x $lnoil - ms-flnil P0wH PmGilGI GlPtBtltffs September 25 2077 Morgon Lewis I Proposar table of contents Gas- Fired Power Practice Overview tab 1 Morgqn Lewis OAS.TIRED POWER GUIDI]IG GROWIH I SERUINO IHE EI.ECIRIC POWER INDUSIRY ln an era when gas-fired generating facilities have both environmental advantages and abundant supply sources, Morgan Lewis has established itself as a leading provider of legal services to the industry. We work with sponsors, equity investors, project developers, financial institutions, utilities, and equipment manufacturers to provide innovative turnkey legal services to gas-fired power participants. Our clients look to us for counsel on capturing critical new opportunities, minimizinS risk, and protecting assets while dealing with evolving federal and state regulatory requirements. Our cross-disciplinary team of lawyers serves as an efficient and comprehensive resource on every facet of gas-fired power generation projects, including legal, financial, regulatory, and policy aspects. OUN ]IWYETS The Morgan Lewis gas-fired generating proiects team Iocuses on transactional, regulatory, dispute resolution, environmental, tax, real estate and land use, labor and employment, employee benefits, and government relations matters, working seamlessly to handle our clients'most sophisticated, cutting-edge legal needs. . Law Firm of the Year, Energy, U5 News & Wo d Repott,/Best Lowyers (2015) . 20+ lawyers recognized, Energy, Chombers USA and The Legol 500 US (2016 COTPIEIIEXSIYE SEIYICE Morgan Lewis understands the energy industry from multiple perspectives- development, power sales, construction, financing, and environmentalcompliance. And our lawyers have a long history in the industry, evident in established relationships with energy companies across the United States. ln addition to advising sponsors, developers, utilities, investors, operators, and acquirers of power projects, our lawyers assist capital market providers in offering a broad array oI financial services. OUR SCOPE Project development and linancing Power purchase and tolling agreements s Gas supply and transportation agreements Permitting and environmental compliance Tax strategies Capital markets and linance strategies Hedging agreements and strategies Real estate agreements Federal Energy Regulatory Commission SE1ECI TTTIET' IIIXD1TD BY OUN lIWYENS . Represented Ares EIF Management in the development, development Iinancing, and subsequent sale of the 775 MW Keys Energy Center power project to a subsidiary of PSEG Power. . Advised Carroll County Energy in an approximately $900 million proiect financing of a new electric generation facility to be built in Northeastern Ohio. The project is a state-of -the-art 700-megawatt combined-cycle natural 8as electric generating facility that will sell energy, capacity, and ancillary services into the PJM market . Represented Moxie Energy, Caithness Energy, and their subsidiary Moxie Freedom in the development and project financing of Moxie Freedom's planned1,O29 MW naturalgas-fired combined cycle power plant in Pennsylvania. . Represented Highstar Capital in the purchase by its affiliates of GWF Energy, which owns three natural gas- fired power plants with a combined capacity of 530 MW in California. . Advised EFS Cogen Holdings l, jointly owned by affiliates oI Iirm clients Oaktree lnfrastructure (formerly Highstar) and Ares EIF Management, in a seven-year, $1.05 billion term loan B proiect financing and a $125 million five-year revolvinS credit facility to refinance a 942 MW gasJired power plant in Linden, New lersey. . Represented Exelon Corp. in its agreement to sell its three Maryland coal-fired power plants and related assets to Raven Power Holdings, a new portfolio company oI energy and power-rocused private equity Iirm Riverstone Holdings for $400 million. . Acted as state regulatory coordinating counsel to Exelon Corporation in its successlul $6.8 billion acquisition of Pepco Holdings lnc. and Pepco's operating utilities in Maryland, Delaware, New Jersey, and Washington, DC. . Represented Ares EIF Management in the structuring, implementation, and closing of a co-investment transaction to support the acquisition of 50olo of the ownership interests in Linden Cogen Holding, which indirectly owns a nominal 943 MW naturalgas combined cycle cogeneration power plant in Linden, New Jersey. . Represent Pio Pico Energy Center in the development and rinancing of a 300 MW simple-cycle natural 8as- fired electric generation facility in San Die8o. California. Named the 2015 North American Power Deal oI the Year by lJGlobal,/Project Finance and lnlrastructure Journal. . Represent the Birdsboro project in the development and financing of its 450 MW combined cycle gas-fired facility in Berks County, Pennsylvania. The proiect's revenue is expected to be generated pursuant to PJM capacity market payments and past energy sales. rIFl -H F,: Morgqn Lewis At Morgan Lewis, we're always on and always ready to respond to the needs of our clients. PRIiTARY CO]IIACIS Terrence L. Dugan Richad M. FilosaPartner Partner terrence dugan.qmorganlewis com richard f ilosa,.4 mor8anlewis.com +1212 3O9 6745 +16113417170 Jonathan D. Mor?is Marc A. Reardon jonathan.morris@morganlewis.com marc.reardon@ morganlewis.com+1.212.309.6636 +1.617 951.8297 Mark C. Yyilliams Ne€r.i Arora Partner Of Counsel mark.williams@morganlewis-com neerai arora@morganlewis.com+1.202.739.5327 +1213.5127495 Connect with us: ! b f_ www.morganlewis.com Thrsmateiral's provrded for your conv€nrence and does nol consntut€ le&ladvrce or cr€ate an allorn€y-cl,ent relatlonship Pnor remlls do notSuarantee srm,la.outcomes Attorn€y Adve(rs'ng ! 20l6Morgan, Lew's & Sockrusl-LP o9oll6-r6l57o-LTR Morgon Lewis At Morgan Lewis, we see our clients as partners. Whether you've been with us for days or decades, whether you're today's industry leader or tomorrow's game-changer, we're always responsive and always on. connectwithus: @@@ www.morganlewis.com O 2017 Morgan, Lew6 & Bodius tIP O 2017 Morqan Lewis Stamrord tlc @ 2017 Morgan, Lewis & Eockius UK ttP Morgan, Lewis & Bockrus UK LLP is a limited liability parbership regEtered rn England and Wales under numt}9't OC378797 and ts a law firm authonsed and regulated by the siolicitors Regulaton Authorily. The sRA authorisation number is 615176. This material is provrded for your convenience and does not constjtute legal a(furce or seate an attomey.dEnt relabonshtp. Pnor results do not guarantE€ tmrlar out@fies. Attomey AdverEing, Morgon Lewis I GIIY ll] UER]II|]I RrsP0t$ r0 ntllu$r run PR0P0stl - lrGrl G0UXSE [on m0UtSm0X 0I illrBUnG GIXiltTl0X sTtTtot - GloBtl tltGrntG PowH GlPlBruflts lxll lII0nffY Pn0]ffs September 25 20L7 Morgon Lewis Proposar table of contents Global Electric Power Practice Attorney Profiles Neera.l Arora Michael Muller Henry Weintraub William Kissinger Mark Williams Ella Foley Gannon Marc Liverant Paul Williams Paul Gordon Daniel Dixon tab 1 2 Morgon Lewis Global Electric Power Practice Morgan Lewis is a leading provider of legal services in the energy industry, with extensive experience in providing practical, thoughtful, and informed advice on some of the world's most complex and significant energy transactions. Our practice is global in scope, with experienced practitioners assisting clients throughout North America, Europe, Asia, and Latin America from offices in New Yorlg Houston, Washington, D.C., Boston, Philadelphia, Los Angeles, San Francisco, Chicago, London, Almaty, Moscow, Dubai, and other strategic locations. Our comprehensive practice includes lawyers focused on transactional, regulatory, dispute resolution, environmental, tax, real estate and land use, labor and employment employee benefits, and government relations matters who work together seamlessly to handle our clients' most sophisticated and cutting-edge legal needs. Our ties to the power sector are deep, with some client relationships dating back more than 100 years. Our current power industry clients include independent power producers and developers, public utilities, private equity investors, lenders, engineering and construction firms, equipment manufacturers, pension funds, and other institutional investorc. Our experience includes advising with respect to all industry sectors, including conventional, wind, solar, nuclear, hydro, and waste-to-energy. We invite you to read below and to learn more about our extraordinary practice. Specialized brochures covering areas such as wind, solar, gas-fired power, and nuclear (as well as our oil and gas practice) are available upon request. Market Recognition . Energy Law Firm of the Year (Law360, 2016; U.S. News / Best Lawyers, 2015) o Top 10 Energy Law F;r'm (Houston Business Joumal, 2014 and 20t5) . *Energy Group of the Year" (Law360,20LL) . More than 25 energy attorneys ranked by Chamberc & Partners, including: - Two attorneys ranked in Energy: Electricity (Finance) - Chambers USA Three aftorneys ranked in Energy: Electricity (Regulatory & Litigation) - Chambers USA Two aftorneys ranked in Energy: Electricity (Transactional) - Chamberc USA www.morganlewis.com - Seven attorneys ranked in Energy: Nuclear (Regulatory & Litigation) - Chambers USA - Six attorneys ranked in Projects - Chambers USA - One attorney ranked as "Star Individual" - Energy: Oil & Gas (Transactional) - Chambers USA - One aftorney ranked in Projects - Chambers Global - Brazil - Three attorneys ranked in Energy and Natural Resources - Chambers Global - Russia Two aftorneys ranked in P@ects and Corporate/MM - Chambers Latin America . Our firm is listed in the following Chambers & Partnes energy rankings: - Energy: Electricity (Regulatory & Litigation) - Chambers USA - Energy: Electricity (Transactional) - Chambers USA - Energy: Nuclear (Regulatory & Litigation) - Chambers USA Projects - Renewables - Chambers USA - Energy and Natural Resources - Chambers Global - Russia Projects - Chambers Latin America - Corporate/M&A - Chambers Latin America - Energy: Oil & Gas (Regulatory & Litigation) - Chambers USA - Energy: Oil & Gas (Transactional) - Chambers USA Scope of Practice Acquisitions and Divestitures We represent clients in mergers, consolidations, acquisitions, and divestitures involving novel issues of industry structure, tax, antitrust, labor relations, and related business and regulatory matters. We have represented clients in major public company mergers and acquisitions as well as all types of private company mergers and acquisitions ranging from small single-asset acquisitions to large portfolio acquisitions, in virtually every niche of the energy industry. We frequently represent clients as bidders and sellers in auction sales and have extensive experience in tax-efficient structures. Projed Development and Finance We counsel clients in the development and structuring of virtually every type of energy project and have negotiated investment agreements (with host governments and other www.morganlewis,com third parties) as well as shareholder, member, joint venture, and similar agreements. The projects we have worked on range from small-scale distributed solar and waste-to- energy projects, to 1000 megawatt combined cycle and nuclear generation facilities as well as utility scale wind and solar generation facilities. We have broad experience with EPC contracts, installation agreements, warranty agreements, site control documentation, permitting, environmental compliance, technology licenses, power purchase agreements, renewable energy credit purchase agreements, contracts for equipment, fuel and water supply, O&M agreemenLs, development and administration agreements, interconnection agreements, tolling and transportation agreements, build- out and shared facilities agreements and transmission agreements. For decades, our project finance attorneys have represented lenders, sponsors, and investors in the financing of electric power generation and infrastructure projects throughout the world. Our experience includes secured credit facilities, acquisition finance, construction finance, equipment finance, term financings, cash equity investments, federal and state tax equity investments, and securities offerings. Renewable Energy Morgan Lewis is uniquely qualified to assist clients in all types of renewable energy transactions, including pOect development and financing, mergers and acquisitions, joint ventures and corporate financing. We also help clients respond to renewable energy requests for proposals (RFPs) issued by utilities, and apply for governmental renewable power incentives, such as loan guarantees. In the wind energy sector, our experience includes the development of more than 3500 MW of wind power capacity, and over $5 billion of financings as well as numerous acquisitions and divestitures of wind power projects. In the solar sector, we have advised on the development and financing of projects ranging from industrial installations and distributed solar projects to utility-scale facilities, as well as on the strategic structuring of projects and the procurement of solar renewable energy credits. We also have experience with integrated gasification combined cycle (IGCC), hydro, landfill gas, geothermal, energy storage and biofuels projects. Utility Finance Morgan Lewis currently represents more than 40 electric and gas utility systems on a variety of corporate and securities matters. We routinely advise both senior management and boards of directors of our utility clients on strategic objectives, restructuring options, significant contracts, risk assessment, public disclosure, and operational issues. In the securities area, we regularly represent more than a dozen electric utility holding company systems and their regulated subsidiaries in the issuance of senior secured and unsecured debt as well as equity securities in both registered offerings under the Securities Act and exempt transactions under Rule 144A, and also www.morganlewis.com with respect to their reporting obligations under the Securities Exchange Act. We also act as designated underwriters' counsel for a number of electric utility systems and have represented Morgan Stanley, Citigroup, Wachovia, Credit Suisse, JPMorgan Chase, Bank of America, Barclays Capital, UBS, and Scotia Capital in the sale of securities issued by electric utilities. Transmission Morgan Lewis advises developers of new electric transmission facilities on financing and organizational strucfuring challenges, tax issues, federal and state regulatory requirements, and permitting challenges before a range of federal, state, and local authorities. We represent owners of transmission assets in the full range of transactions involving existing transmission facilities and systems, including sales, spin-offs to transmission companies, and transfers of control to regional transmission operators. We also represent transmission owners, developers, and power producers in the negotiation of interconnection and transmission agreements as well as shared facilities arrangements. Energy Regulation Morgan Lewis has long-standing expertise in energy regulation throughout the world. In the United States, our industry-leading energy regulation practice work with clients on federal and state regulation, compliance programs, audits and investigations, power contracts, regional transmission markets and structures, reliability and cyber security, and corporate restructuring altematives. We advise on analogous energy regulatory matters in countries where we have offices and elsewhere through capable local counsel. We routinely counsel clients with respect to federal and state regulatory approvals in connection with acquisitions, divestitures, financings and other developments. Our understanding of the evolving electric industry positions us to guide our clients' development of commercial, regulatory, and litigation strategies that address the emerging demands, risk, and complexities of competition. Nuclear Energy Building upon several decades of nuclear industry experience in the United States, the firm's nuclear energy practice represents more than 600/o of existing power plants in the United States and is handling a similar percentage of the applications for new plants in the U.S. More recently, we have applied this industry knowledge and experience to advise clients in international markets. We assist our clients with power plant transactions, plant regulation, enrichment and fuel cycle issues, nuclear waste management, nuclear-related employment issues, and DOE contractor nuclear operations. Our clients are involved not only in generation of nuclear power, but also in all aspecLs of the nuclear fuel cycle, from uranium mining and enrichment to nuclear waste management and disposal. www. morganlewis.com Dispute Practice The Morgan Lewis global energy litigation practice is a large and diverse legal team that includes former regulatory agency attomeys and lawyers practiced in courtroom and agenry proceedings. We provide our energy industry clients with the ability to negotiate or litigate with precision. Our work for electric power industry participants includes intemational arbitrations, construction litigation, power purchase agreement and structured markets litigation, corporate investigations, whistleblower litigation, mergers and acquisitions litigation, govemment contracts litigation, environmental litigation and toxic torts, and shareholder and customer class action litigation. Representative Erperience Conventional and Nuclear Power Generation Mergers and Acquisitions . Represented Ares EIF Management, LLC in the development, development financing, and subsequent sale of the 775 MW Keys Energy Center power project to a subsidiary of PSEG Power. . Represented Highstar Capital IV 1.P., and its affiliated funds (Highstar IV), managed by Oaktree Capital Management L.P., in the acquisition and project financing of the Salem Harbor Power Station development project, an approximately 700 MW gas- fired power plant to be built in Salem, Massachusetts. . Represented funds managed by Ares/Energy Investors Funds in connection with its funding of the development of the Hilltop energy project and purchase of 100o/o of the equity interests in the Hilltop project. Serving as lead poect counsel, we represent the Hilltop project in connection with the development and project financing of a 535 MW combined cycle gas-fired facility in Greene County, Pennsylvania. . Represented LS Power and its affiliate, WDE Partners, L.P. in connection with the sale of 100o/o of the equity interests in West Deptford Energy Holdings, LLC, which is the indirect owner of an approximately 751 MW natural gas-fired power generation facility located in West Deptford Township, New Jersey to a new formed special purpose entity jointly owned by a group of investors including a minority interest owned by WDE Partners, L.P. . Represented funds managed by Ares/Energy Investors Funds in connection with iE purchase of 1000/o of the equity interests in the Birdsboro power p@ect under development from EmberClear. Serving as lead project counsel, we represent the www. morganlewis.com Birdsboro project in connection with the development and project financing of a 450 MW combined rycle gas-fired facility in Berks County, Pennsylvania. . Represented Atlantic Power Corp. (Atlantic) and its subsidiaries Atlantic Piedmont Holdings, LLC and Atlantic Power Holdings, Inc. in the sale of 100o/o of the interests in Piedmont Green Power, LLC, which owns an approximately 55 MW biomass-fired electric generation facility located outside of Atlanta, Georgia. . Represented Arclight Capital Partners, LLC in the $117 million acquisition of Michigan Power Limited Partnership from affiliates of John Hancock Life Insurance Company and Olympus Power, LLC. . Represented Highstar Capital in the purchase by its affiliates of GWF Energy, which owns three natural gas-fired power plants with a combined capacity of 530 MW in California. . Represented Exelon Corp. in its agreement to sell its three Maryland coal-fired power plants and related assets to Raven Power Holdings LLC, a new portfolio company of energy and power focused private equity firm Riverstone Holdings LLC, for $400 million. . Represented funds managed by private equity fund manager Ares EIF Management, LLC in connection with the sale of 100o/o of their interests in the Pio Pico Energy Center, an approximately 318 megawaft natural gas-fired combined-cycle electric generation facility located in Otay Mesa, California. Our team advised on numerous aspects of the sale, including tax, regulatory, antitrust, environmental, and real estate matters. We previously served as project counsel to Ares EIF in connection with the construction, development and project financing of the Pio Pico Energy Center which was named 2015 North American Power Deal of the Year by IJGlobal/Project Finance and Infrastructure Joumal. . Represented Exelon Corporation as state regulatory coordinating counsel in its successful $6.8 billion acquisition of Pepco Holdings Inc. (PHI) and PHIt operating utilities in Maryland, Delaware, New Jersey, and Washington, DC. . Represented Ares EIF Management LLC in connection with the structuring, implementation, and closing of a co-investment transaction to support the acquisition of 50o/o of the ownership interests in Linden Cogen Holding LLC, which indirectly owns a nominal 943 megawatt natural gas combined cycle cogeneration power plant in Linden, New Jersey. . Represented Ares Capital in the sale of a controlling interest in its portfolio company Penn Power Group to NGP Energy Technology Partners. . Represented Atlantic Power Corporation in the acquisition and financing of a 155 MW power generation facility in Florida. www. morganlewis.com . Represented Calpine Corporation's affiliate Androscoggin Energy LLC in resbucturing proceedings under Chapter 11 of the U.S. Bankruptcy Code and ancillary proceedings in Canada with aggregate estate claims in excess of $400 million, including oversight of a court-sanctioned auction sale of three fixed-price gas supply contracts for approximately $120 million. . Represented Highstar Capital in ib acquisition of LS Power's Arlington Valley and Griffith power generation plants in Arizona. The plants are combined-cycle gas turbine generation facilities. . Represented Centennial Power in the auction sale of its natural gas, coal, and wind- generating IPP portfolio to Bicent Power for $635 million. . Represented Black Hills Corporation in the sale of a portfolio of seven independent power plants to affiliates of Hastings Funds Management and JPMorgan Asset Management. . Represented an electric utility company in the joint auction sale of the 1884 MW Homer City coal-fired station for $900 million. . Represented Black Hills Corporation in its $940 million acquisition of Aquila, an electric utility in Colorado and gas utilities in Colorado, Kansas, Nebraska and lowa. . Representing a consortium of investors on the $625 million purchase of a 260lo stake in OJSC Enel OGK-S, a leading Russian power producer. . Represented Highstar Capital in its $642 million sale of GWF Energy Holdings LLC, owner of three gas-fired electrical generation facilities in Northern California, to AltaGas Power Holdings, a subsidiary of AltaGas Ltd. . Represented ArcelorMittal in its $720 million acquisition from Severstal (Russia's largest steel producer) of a package of important coal mining companies in the Krasnoyarsk region of Russia and various coal mine tender participations in Russia. . Represented a consortium of investors on the $625 million purchase of a 260lo stake in OISC Enel OGK-5, a leading Russian power producer. . Represented Huaneng Group, a Chinese state-owned company, in its $800 million purchase of four power plants. . Advised Cheung Kong Infrastructure Holdings and Hong Kong Elecbic Intemational on the successful bid and acquisition of BG Group's interests in the 1,145 MW combined cycle Seabank Power Station near Bristol, England. . Represented InterEnergy Partners in the formation of the fund as well as the acquisition of controlling interests in 11 power generators in the Dominican Republic, valued at $300 million. www.morganlewis.com Represented AGFE and G-Finanz Limited in relation to its finance facility made available by BlueCrest Mercantile for its equity invesEnent in Geoenergie Bayern GmbH, a German geothermal energy company. Represented an electric utility holding company in the joint acquisition and EL.7 billion financing (debt and equity) through a public tender offer of the Midlands Electricity plc regional electric company in the UK. Represented BP Amoco and Arco as project sponsors in connection with the financing, financing documentation, negotiation of EPC, O&M gas purchase and tolling agreements, construction, and development of a 400 MW independent power project in Great Yarmouth, England. . Represented an electric utility holding company in the sale of GPU PowerNet to Singapore Power. Represented Exelon in the acquisition of interests in the Three-Mile Island, Unit 1, Clinton, and Oyster Creek nuclear generating plants. Represented a private equity fund in the acquisition of a residual equity interest in a nuclear unit (approx. 50 MW) subject to sale-leaseback arrangements. Project Development and Finance . Represent Pio Pico Energy Center, LLC in connection with the development and financing of a 300 MW simple-cycle natural gas-fired electric generation facility in San Diego, Califomia. Named the 2015 North American Power Deal of the Year by lJGlobal/Projed Finance and Infrastructure Joumal. . Serving as lead pdect counsel, we are representing the Birdsboro project in connection with the development and financing of its 450 MW combined cycle gas- fired facility in Berks County, Pennsylvania. The project's revenue is expected to be generated pursuant to PJM Capacity market payments and past energy sales. . Represented funds managed by private equity fund manager Ares EIF Management, LLC in connection with the development and project financing of the Birdsboro Power Project, an approximately 485 megawatt natural gas-fired combined-cycle electric Aeneration facility located in Birdsboro, Pennsylvania. Financing included a construction-plus term loan and a working capital facility. Our team advised on numerous aspects of the project's development, equity structuring and arrangements, and financing, including tax, regulatory, environmental, and real estate matters. . Represented Canoll County Energy, LLC, in an approximately 9900 million project financing of a new electric generation facility to be built in Northeastern Ohio. The project is a state-of-the-art 7OO-megawatt combined-cycle natural gas electric www.morganlewis.com generating facility that will sell energy, capacity and ancillary services into the PIM market. Represented EFS Cogen Holdings I LLC, jointly owned by affiliates of firm clients Oaktree Infrastructure (formerly Highstar) and Ares EIF, in a seven-year, $1.05 billion term loan B project financing and a $125 million five-year revolving credit facility to refinance a 942 MW gas-fired power plant in Linden, New Jersey. Represented Highstar Capital IV 1.P., and its affiliated funds (Highstar IV), managed by Oaktree Capital Management 1.P., in the acquisition and project financing of the Salem Harbor Power Station development project, an approximately 700MW gas- fired power plant to be built in Salem, Massachusetts. The transaction closed on January 9,2015. Named the Power Deal of the Year in 2015 by PAed Finance Intemational in the Americas category. Represented Ares EIF as lead project counsel in connection with the development, construction and development financing of an approximately 750 MW combined rycle gas-fired power plant in Maryland for Keys Energy LLC. Representing Moxie Energy as lead project counsel and advising with respect to the development and financing of a new approximately 1100 MW natural gas combined cycle electric generation project in Pennsylvania - the Freedom Power Project. Our work also currently includes the sale of a portion of the equity in the Project to Caithness. Representing the developer of Johnston Clean Power LLC in connection with the development and financing of an approximately 235 MW gas fired electric generation facility to be located in Johnston, Rhode Island. Represented Moxie Energy Libefi LLC connection with the equity sale and project financing of Moxie Liberty's 829 MW natural gas-fired combined cycle power plant located in Bradford County, Pennsylvania. Representing Robinson Power in connection with the development, construction, financing and operation of its proposed combined cycle, 650 MW natural gas-fired power plant to be located in Robinson Township, Pennsylvania. Represented Moxie Energy Patriot LLC in connection with the development and financing of an 800 MW natural gas power plant located in Clinton Township, Lycoming County, Pennsylvania. Representing Clean Energy Future LLC in connection with the development, construction, financing and operation of its proposed 940 MW combined cycle gas- fired electric power generation facility to be located in Lordstown, Ohio near the Cleveland load pocket. Representing Cricket Valley Energy Center LLC in connection with the development and financing of its proposed 1000 MW gas fired power generation facility to be www. morganlewis.com located in Dover, NY. Investors in the project include Chubu Electric Power Company, Marubeni, TIAA and Advanced Power. . Represented Ares EIF and its subsidiary Panoche Energy Center, LLC in connection with the development and construction financing of a 400 MW natural gas-fired electric generation facility in Fresno, California, with financing provided through a long-term bond issuance. . Represented Black Hills Corporation in the development and financing of a 230 MW peaking facility in Colorado Springs, Colorado . Represented International Power America (IPA) in negotiating the engineering, procurement, and construction contracts for IPA's proposed 660 MW Coleto 2 coal power plant in Goliad County, Texas. . Represented TXU in the negotiation of EPC agreements for 11 coal-fired power plants in Texas valued at $13.5 billion. . Represented NRG Energy in the negotiation of equipment procurement agreemenLs and construction agreements for natural gas-fired power-generating facilities in California and New York. . Represented STPNOC, NRG Energy, and CPS Energy in the negotiation of an EPC agreement for the construction of South Texas Project Units 3 and 4. . Represented Long Island Power Authority (LIPA) in the preparation of a Request for Proposal and related forms of operation and maintenance agreements for a new service provider to operate and maintain the LIPA transmission and distribution system serving 1.1 million customers on Long Island, New York. . Represented Kleen Energy Systems LLC in connection with project development and debt and equity transactions valued at more than $1.3 billion for the construction and long-term financing of Kleen's 620 MW dual fuel fired electric generation project in Middletown, Connecticut. . Represented Astoria Energy II and Astoria Project Partners in the development and financing of their 540 MW combined cycle natural gas-fired electric generation facility in New York City, with capital costs of approximately $1.5 billion. Named 2009 Americas Power Deal of the Year by Project Finance International and 2009 North America Single Asset Power Deal of the Year by Project Finance Magazine. . Represented Edison Mission Energy as sponsor in the financing of the 484 MW gas- fired Walnut Creek power project in California. . Represented CSFB as lead arranger in connection with the bid by Tractebel to develop a first phase 1500 MW and 100 MIGD independent power and water project in Abu Dhabi. Advised on all aspects of financing documentation, bid development and project contracts. 10 www. morganlewis.com . Represented sponsor in development and financing of 140MW power plant in Gaza, Palestine. . Represented sponsors in development of Kangal power plant in Turkey. . Represented Midland Power International as poect sponsor in connection with the bid by Midland Power to develop a BOT 450 MW gas fired combined rycle power plant on the Meghna River, Bangladesh. . Represented Elektrownia Belchatow S.A. as project sponsor in connection with the financing, construction, and development of an additional 833 MW lignite fired unit at an existing lignite power plant in Romania. Advised on all aspects of financing and EPC contract negotiation. . Represented Sumitomo on a 350MW power project in southem India. . Represented sponsor in financing of Arcos power plant in Spain. . Represented sponsor in financing of Sarlux power station in Italy. . Represented the Govemment of the Czech Republic in privatization of CEZ. . Represented lender in financing of Drin River hydroelectric power plant in Albania. . Represented the lead arrangers on the project financing of the Seaboard Powerlink project, an $800 million PFI project for the refurbishment of the electric power system of the London Underground, the decommissioning of Lots Road Power Station, and the repowering of Greenwich Power Station. . Represented Scottish Hydro-Electric Plc in relation to the 700 MW CCGT project at Keadby, including all poect agreements and joint venture documentation with Norweb plc and other parties. . Represented European Investment Bank as lender in financing of Medway power plant in UK. . Represented lender in financing of 140 megawatt Indian Queens power plant in Indian Queens, Cornwall, England. Renewables \tlld Mergers and Acquisitions . Represented Exelon Generation Company in the $860 million acquisition of John Deere Renewables LLC, including 36 operating wind farms in eight states in a 11 www.morganlewis.com transaction named Best M&A Deal by Institutional Investor's Power Finance & Risk newslefter. . Represented Acciona Wind Energy in a series of acquisitions of multiple development projects, including a l3-project portfolio acquisition, an 8-project portfolio acquisition and a joint venhlre of a 20-project portfolio, all of wind energy projects in development in the United States and in Canada. . Represented Exelon Wind, LLC in connection with acquisition of wind energy projects located in Maryland, New Mexico, Michigan and Idaho. . Represented EverPower Wind Holdings, Inc. in a transaction under which a holding company controlled by UK-based private equity firm Terra Firma acquired EverPower. . Represented LH Renewables, LLC in its acquisition of seven development-stage wind energy projects in California from Siena Renewables, LLC. . Represented EverPower Wind Holdings in its acquisition from Terra-Gen Power of a 150 MW Alta VI wind project near Tehachapi, CA. . Represented LH Renewables in its sale of four development-stage wind farm p@ects to Element Power. . Represented International Power America in its acquisition of Beaver Creek Wind LLC from Chafin/Lahmeyer Beaver Creek LLC. . Represented Intemational Power America in its purchase of nine early-to-midstage- development wind generation projects located in various Midwestern states and Texas. . Represented Intemational Power in its acquisition of early-stage wind power development projects from Element Markets. . Represented FPC Services, Inc. in its sale of three wind farm p0ects to Mainstream Renewable Power. . Represented PdV Wind Partners, a 300 MW wind facility, in its $120 million sale to PPM Energy. Proiect Development and Finance . Represented First Wind in the $376 million construction financing of a 203 MW wind energy project being developed in Utah, one of the largest construction financings for a single wind energy project to date. . Represented Citigroup Global Markets Inc., Municipal Securities Division, in its tax equity investment into the Horse Butte Wind Project in Idaho, which involved Citi www. morganlewis.com providing construction financing and a tax equity investment and underwriting a tax- exempt bond issuance to support a pre-pay power purchase agreement from off- taker Utah Associated Municipal Power Systems. . Represented Citigroup Global Markets Inc., Municipal Securities Division, in its equity investment into the Solano 3 Wind Project in Califomia, which involved Citi providing an tax equity investment in the poect supporting a pre-pay power purchase agreement from off-taker Sacramento Municipal Utility District. . Represented US Bancorp affiliate Firstar Development Corp. in an equity investment into the California Ridge Wind Farm in Illinois, sponsored by Invenergy Wind LLC, including construction financing, tax-equity financing, and hybrid commercial bank institutional investor term fi nancing. . Represented US Bancorp affiliate Firstar Development Corp. in its tax equity investment into the Bishop Hill Wind Project, sponsored by Invenergy Wind, LLC. . Represented First Wind in connection with the development and $210 million construction financing of a 105 MW wind project being constructed in Washington State. . Represented First Wind in connection with the development and $100 million financing of a 69 MW wind energy project being constructed on the island of Oahu in the state of Hawaii. . Represented First Wind in the development and $92 million financing of its 60 MW Rollins wind farm in Penobscot County, Maine. . Represented First Wind in the $116 million portfolio financing of two wind projects located in Maine. . Represented Edison Mission Energy in connection with the development of a 200 MW wind energy project in Arizona with the Navajo Nation. . Represented enxco in the development of a 200 MW wind farm project in Minnesota. . Represented Edison Mission Energy in connection with the financing of the 80 MW Broken Bow wind energy project in Nebraska. tulaI Mergers and Acquisitions . Represented SunEdison in the acquisition from Nautilus Solar Energy of a portfolio of 30 operating solar power facilities. 1J www. morganlewis.com . Assisted SunEdison Inc. in the acquisition and financing of three portfolio companies from Dominion Resources for approximately $300 million. . Represented SunEdison in the acquisition from Samsung Green Repower of a 20 MW solar power facility located in Southern California. . Represented energy investment fund in connection with its acquisition of Keystone Solar LLC from Community Energy Solar. . Represented generation and energy services companies in connection with the acquisition of solar generating projects in California, and the negotiation of an EPC and O&M agreement with the sellers for the construction and operation of the generating facilities. . Represented a buyer in connection with an auction of a solar project company with projects in various stages of development. . Assisted subsidiaries of SunEdison Inc. in the sale to subsidiaries of Dominion Resources Inc. of the Class B interests in two holding companies that collectively own three solar projecLs (the Three Cedars Project) with generating capacity of 210.4 MW under constuction in Utah. . Represented a generation and energy services company in connection with the acquisition of a solar generating project development company. . Represented a solar generating project development company in connection with the acquisition of land rights for project development. Project Development and Finance . Represented Exajoule Renewables, an affiliate of FMR (Fidelity Investments), in connection with the engineering, construction, and procurement contracts for two solar rooftop photovoltaic (PV) systems to be built on Fidelity-owned buildings in Massachusetts. . Represented Lightbeam Energy in connection with its inaugural solar projects located in Northern California. Assisted with drafting and negotiating several power purchase agreements, option to purchase agreements, and a land lease related to two 25-year solar projects that will be developed by Lightbeam. . Represented PECO Energy Company, Metropolitan Edison Company, and Pennsylvania Electric Company in Pennsylvania regulatory proceedings for approval of their first procurements of solar renewable energy credits (SRECs) for compliance with state renewable portfolio standards, and then advised in the subsequent procurements. L4 www. morganlewis.com Represented First Solar in the execution of a power purchase agreement with the Los Angeles Department of Water and Power for a 55 MW solar photovoltaic project on property owned by the Department. Represented a utility on a 300 MW, $1.5 billion thermal solar project, including negotiating a power purchase agreement with a renewable energy developer. Represented a southeastern U.S. utility in negotiating its first utility-scale solar power purchase agreement (20 MW). Represented a southwestern U.S. utility in a 200+ MW solar thermal project financed with a Department of Energy loan guarantee. Other Renewables Mergers and Acquisitions Represented a biodiesel manufacturer in its acquisition of a glycerin processing plant. Represented a biofuel company in its sale to a strategic buyer, including the sale of an ethanol production plant with an annual output of 55 million gallons of ethanol. Represented Shell Renewables in its purchase of the Hagenow biomass power station in Germany. Represented DCNS in its acquisition of an eight percent holding in OpenHydro, an Irish renewable energy company focused on the tidal energy market, for an investment of $19.1 million. Project Development and Finance . Representing Synergy Renewables in the development and financing of two 10 MW waste-to-energy poects in Puerto Rico. . Representing Synergy Renewables in the development of a 10 MW waste-to-energy projects in Sint Maarten. . Represented the developers of an 11 MW wood-fired facility located in Imperial County, California in the development, power purchase agreement and project financing of the facility. . Advised and represented pdect developer and sponsor in all phases of the development, financing, construction, and interconnection of twin landfill gas planLs. 15 www.morganlewis.com Utility Finance . Completed nine public debt offerings, over a span of five months, for the operating company subsidiaries of Entergy Corporation, a utility holding company based in New Orleans, Louisiana. These offerings were brought to market in January, March, and May, by Entergy Arkansas, Inc., Entergy Louisiana, LLC, Entergy Mississippi, Inc., Entergy New Orleans, Inc., and Entergy Texas, Inc. in an aggregate principal amount of approximately $1.8 billion. . Represented Highstar Capital in an $850 million senior secured first lien bank financing with Star West Generation LLC, consisting of a $750 million senior secured first lien Term B loan facility and a $100 million senior secured first lien working capital revolving credit facility. . Represented Clean Energy Future, LLC in raising approximately $460 million in equity capital for a new g4O-megawatt, natural gas-fired, combined-cycle power generation facility to be constructed in the village of Lordstown, Ohio, with an enterprise value of approximately $980 million. . Represented NextEra Energy Capital Holdings Inc. in its $500 million offering of 2.3olo debentures, series due April 1,2019, that were guaranteed by its corporate parent, NextEra Energy Inc. . Represented UGI Energy Services LLC in connection with an upsizing and restrucfuring of its credit agreement led by JPMorgan Chase as administrative agent, PNC Bank as syndication agent, and Wells Fargo Bank as documentation agent. The facility was increased to $240 million, financial covenanLs were restructured, and maturity was extended. . Represented Entergy Corporation subsidiaries in issuances of more than $2 billion of first mortgage bonds and nuclear fuel notes. . Represented NextEra Energy Capital Holdings, Inc. and its parent NextEra Energy, Inc. in connection with NEE Capital's issuance of $350 million 60-year New York Stock Exchange-listed junior subordinated debentures. . Represented Florida Power & Light Company in a "waterfall" tender offer for up to $400 million aggregate principal amount of 10 series of its first mortgage bonds. . Represented NextEra Energy Capital in a public offering of $350 million of its debentures which were a component of Equity Units issued by NEE in 2009. The proceeds from the remarketing were used on June 1 to seftle the purchase contracts that were a component of the 2009 Equity Units and to issue $350 million of NEE Common Stock. 16 www. morganlewis.com . Represented Florida Power & Light Company in issuing $600 million of its 30-year First Mortgage Bonds, which are secured by a lien on substantially all of FPL's utility property. . Represented NextEra Energy in issuing $600 million of its Equity Units, with each $50 unit consisting of a three-year contract to purchase NEE Common Stock secured by a five-year NEE Capital debenture. . Represented NextEra Energy Capital in issuing $400 million of its 60-year NYSE- listed Junior Subordinated Debentures, referred to as "hybrids" because of the equity credit these securities receive from the rating agencies. . Represented issuer Entergy Louisiana, LLC in a registered public offering of $250 million aggregate principal amount of 1.875o/o First Mortgage Bonds due December t5,2014. . Represented Entergy Corporation in a registered public offering of $500 million aggregate principal amount of 4.70o/o Senior Notes due January 15,2017. . Represented Florida Power & Light Company in the issuance and sale of its First Mortgage Bonds, 4.125olo Series due February L,2042. . Represented Baltimore Gas and Electric Company in the issuance and sale of $300 million of its 3.50o/o Notes due November L5, 202L. . Represented Tucson Electric Power Company (TEP) in connection with the sale of $250 million of its 5.15olo Notes due 2021. . Represented UNS Gas, Inc. in the offer and sale of $50 million of 5.39olo Senior Guaranteed Notes, due August 10, 2025. . Represented Entergy Mississippi, Inc. in a registered public offering of $125 million aggregate principal amount of 3.25o/o First Mortgage Bonds due 2016. . Represented issuer Entergy Louisiana, LLC in the recent registered public offering of $200 million aggregate principal amount of 4.80o/o First Mortgage Bonds due 2021. . Represented issuer Entergy Mississippi, Inc. in the recent registered public offering of $150 million aggregate principal amount of 6.0o/o First Mortgage Bonds due 2051, now listed on the New York Stock Exchange. . Represented Kazatomprom, the state-owned nuclear company of Kazakhstan, in a consent solicitation in respect of its $500 million Eurobonds. Transmission . Represented National Grid in an alliance with transmission project developer Anbaric to create Green Line Infrastructure Alliance. Green Line will develop large-scale, t7 www. morganlewis.com high-voltage direct-current (HVDC) transmission projects that leverage wind and hydropower to address key regional energy issues in New England. . Represented California Public Employees' Retirement System in its acquisition of Neptune Regional Transmission System, a 66-MW HVDC transmission line connecting NY Zone K with PJM. . Represented Entergy Corporation and iLs six operating utility subsidiaries in an internal restructuring to separate its transmission businesses and form a transmission holding company for such operating subsidiaries. . Represented EIF Group, Arclight Capital, and MP Structured Finance Fund in the equity and development financing of a 500 Kv electrical transmission line in California. . Represented Long Island Power Authority (LIPA) in its selection of Public Service Enterprises Group (PSEG) to operate and maintain LIPA's electric transmission and distribution system serving over 1.1 million customers on Long Island. . Represented ALLETE, lnc. (dlbla Minnesota Power) in connection with the acquisition of HVDC transmission facilities to deliver wind energy from North Dakota to Minnesota. . Represented a client in its acquisition of a minority interest in a Brazilian electric transmission company. . Represented an electric utility holding company in the acquisition for Aus$2.555 billion of the PowerNet Victoria electric transmission system from the State of Victoria, Australia, and in the related acquisition and equity financing. . Represented the European Bank for Reconstruction and Development (EBRD) in the financing of a transmission line in Kazakhstan. Energy Regulation . Represented Alliant Energy in obtaining FERC approvals under Section 203 of the Federal Power Act (FPA) for Interstate Power and Light Company's divestiture of its transmission system to ITC. . Represented Black Hills in obtaining FERC approvals under Section 203 of the FPA for Black Hills's (1) disposition of its fleet of nonregulated generating facilities and (2) acquisition of Aquila, Inc.'s Colorado electric utility business. . Represented Entergy Corporation in obtaining FERC approvals under FPA Section 203 for the jurisdictional separation plan that reorganized Entergy Gulf States into two separate operating utilities. 18 www. morganlewis.com . Representing the members of ColumbiaGrid and the members of the Mid-Continent Area Power Pool in their development and implementation of regional planning processes for the Pacific Northwest and the Midwesl respectively. . Handled more than 60 state regulatory base rate proceedings, including filings made by PECO Energy (a $76 million natural gas rate settlement), Aqua Pennsylvania (a $34 million litigated water case), and Pennsylvania American Water Company (a $36 million water rate settlement). . Advised on numerous adjustment clause proceedings, including annual purchased gas adjustment investigations on behalf of PECO Energy, and pending electric transmission service-charge proceedings for Metropolitan Edison Company and Pennsylvania Electric Company. Dispute Practice . Represented a provider of wind energy in disputes and ICC arbitrations regarding wind farms built in Germany, Spain, the United States, and England. Settled favorably. . Successfully secured dismissal of class action allegations against utilities regarding billion-dollar claims related to state-run power auction. . Secured a favorable multimillion-dollar jury verdict on behalf of two Midwestern utilities in connection with the shutdown of a generating facility. Settled favorably upon remand after appeal. . Represented party to an energy services agreement in dispute and arbitration over supply to a production facility. . Secured a favorable trial verdict declaring contractual righLs for a Midwestern utility under a long-term power purchase agreement. Successfully defended judgment on appeal. . Secured a favorable settlement for a major Canadian natural gas supply company in a dispute over a supply contract with a Northeastern utility. . Represent well over half of the domestic nuclear industry in multimillion-dollar damages lawsuits against the government regarding its failure to accept spent nuclear fuel. . Represented a major Northeast utility in a $300 million action for damages associated with extended shutdown of a nuclear power facility. Seftled favorably. . Represented two Midwestern utilities in disputes involving over $500 million in liabilities regarding decommissioning funds for a nuclear power plant. Settled favorably. www.morganlewis.com . Represent a major national electric utility provider in a multimillion-dollar lawsuit over provisions of a power sale agreement regarding the supply of "station power" at nuclear plants. Note: these lists include engagements by Morgan Lewis attomeys before they joined Morgan Lewis. 20 www. morganlewis.com Proposed Team Morgon Lewis IITIRAI ARllRA P[RITtB.tlTGI neeraj.arora@ morganlewis.com Los An9el6 Phone +1.213,612,7495 Fax +1.213.612.25O1 300 South Grand Ave., 22nd Floor \\ Los Angeles, CA 90071-3132 \\ United States Neeraj Arora's practice focuses on the representation of sponsors and financial institutions in a broad array of project development and finance transactions, including single-asset and multiasset nonrecourse poect financings. He has been involved with the poect development and/or financing of a broad range of large energy infrastructure assets, including conventional (gas and coal) and renewable (energy storage, solar, wind, biomass, and geothermal) power generation projects, transmission lines, and pipelines. Neeraj has experience in energy storage poects, induding his work on one of the largest lithium-ion battery poects in the wodd. Neeraj advises clients on the acquisition and disposition of proJects, off- take agreements and the operation and management of projects. He also has experience negotiating power purchase agreements, for which he has negotiated both on the utility and developer side for a number of significant projects with an aggregate value in excess of US $3 billion. Before joining Morgan Lewis, Neeraj was counsel in the finance department at another international law firm. STITGITII NTPRTSTXIIIIOTS An independent power producer in connection with the development of two energy storage projects in San Diego on an expedited basis in connection with the California Public Utilities Commission's resolution for an emergency energy storage solicitation, one of which is the largest lithium-ion battery project in the world as of January, 2017. An independent power producer in connection with the negotiation of an off-take anangement for a storage plus solar project across from the Kauai Island Utility Cooperahve. An independent power producer in connection with development of an energy storage project across from a mid-western utility. Multiple developers in connection with their bids into Requests for Offers for energy storage poects across from each of the three major California Investor Owned Utilities. A strategic investor in connection with an investment into an energy storage poect that has an off- take contract with a California investor owned utility. A group of commercial banks in connection with the greenfield construction financing of the 1,028 MW Freedom Project located in Pennsylvania. 21 www.morganlewis.com A commercial bank in connection with the refinancing of a portfolio of assets owned by an independent power prducer, which includes over 500-MW of generation from California to Colorado. An independent power producer in connection with the financing of a 200-MW natural gas peaking project located in Northern Califomia. An independent power producer in connection with their negotiation of power purchase agreements with Southern Califomia Edison Company for more than 1,200-MW of new combined cycle gas fired generation in southem california. A publicly traded REIT in connection with the financing and refinancing of their corporate credit facility and the acquisiuon of a portfolio of assets with an aggregate value in excess of US$z billion. A project sponsor in connection with the Term Loan B consbuction financing of an ethane pipeline, whidl spans approximately 430 miles from the United States to Canada, and which was named the North American Downstream Oil & Gas Deal of the Year in 2013 by Project Finance Magazine. An independent power producer in connection with the construction financing of a two-phase 150-Mw photovoltaic solar power project located in Boulder City, Nevada and another 250-MW photovoltaic solar power pOect located in Boulder City, Nevada. A private equity fund in connection with their financing of an approximately 235 mile transmission line in the Texas Competitive Renewable Energy Zone. A commercial bank in connection with the construction financing of a 584-Mw combined cycle gas fired power poect. A commercial bank in connection with the financing of a 47-MW biomass power poect located near Mecca, Riverside County, California. An independent power producer in connection with the financing of a 30-Mw geothermal power poect located in Nevada. A sponsor in connection with the financing of an altemative energy technology to erpand an existing refinery to generdte synthetic diesel. The purchaser in connection with the debt financing of an approximately 80 MW solar proJect that was subject to an inverted lease structure in order to being in tax equity investors. The investors in connection with debt and equity investments into a distributed electricity company. Solar developer in connection with numerous non-recourse @nstruction project financings in connection with the development of distributed solar projects. The seller in connection with a build-own-transfer project for a signincant in front of the meter lithium- ion battery energy storage poect. AW[ilrS [t0 AIfllniloXS Recommended, Industry focus - Energy - renewable/altemative; Industry focus - Energy transactions - conventional power, The Legal 500 Us (2017) l[iilssr0xs Califomia TOUGIIIOX Yale Law School, 2005, J.D. University of Califomia, Los Angeles, 2001, 8.A., Magna cum Laude www.morganlewis.com srGr0[s Energy Financial Services st[urGrs Private Equity Energy Transactions Corporate, Finance & Investment Management ltGtats North America Europe 23 www.morganlewis.com Morgon Lewis ililGltAEl [. iltulltn P[RITtB.tlTGI michael.muller@morganlewis.com Boston Phone +L.6L7 ,34L.7739 Fax +1.617.341.77OL One Federal St. \\ Boston, MA 02110-1726 \\ United States Michael A. Miiller focuses his work on project nnance, commercial finance, energy, and secured and unsecured lending transactions. He represents lenders, investment funds, developers, and equity investors in all phases of the development, financing, construction, operation, acquisihon and disposition of energy and infrastructure projects. Michael also represents clients in general commercial lending and corporate matters/ including mergers and acquisitions, real estate financings, asset backed financings, and syndicated and structured financings. Michael's diverse project financing experience indudes work on poects involving natural gas, nudear, ethanol, wind, solar, and other electrical generation and infrastructure poects. Michael negotiates and drafu development agreements, financing agreements, and construction and project contracts including engineering, procurement, and construction; power purchase agreements; operations and maintenance agreements; long-term service agreements; and fuel storage, supply, and transportation agreements. Prior to joining Morgan Lewis, Michael was an associate in the energy and poect finance practice of an intemational law firm in Boston. He was previously an associate in the global finance and debt products practice of another intemational law firm in Chadotte, North Carolina. Before law sdrool, he worked at Deutsche Asset Management and lnvestors Bank & Trust in Boston. sIltGrtI ntPnrstxrtil0xs Represented L5 Power in the sale by an Ls Power affiliate of the 751 MW natural-gas-fired West Depfford Energy Station located in West Deptford Township, New Jersey to a group of investors that acquired ownership interests in the pOect through a subscription process. Represented Clean Energy Future, LLC in the development and construction of an approximately 940 MW natural gas-fired, combined-cycle power generation facility to be located in the village of Lordstown, ohio, with an enterprise value of approximately $980 million. Represented Caithness Energy, Moxie Energy, and project company, Moxie Freedom LLC, in connection with the development, construction and approximately $531 million poect financinq of a 1029 Mw combined cycle natural gas-fired electric generation facility to be located in Luzerne County, Pennsylvania. Represented Ares EIF Group and prolect company, Keys Energy Center LLC, in connection with the development, construction and sale of an approximately 755 MW combined cycle natural gas-fired electric generation facility to be located in Prince Georget County, Maryland. www.morganlewis.com F Represented Ares EIF Group and project company, Pio Pico Energy Center, in connection with the development, construction and approximately $443 million private placement project financing of an approximately 305 MW combined cyde natural gas fired electric generation facility located in Otay Mesa, Califomia. This deal was named 2015 North American Power Bond Deal of the Year by Dclobal. Represented Moxie Energy and project company, Moxie Patriot LLC, in connection with the development, construction and approximately $627 million poect financing of an 829 MW combined cycle natural gas-fired electric generation facility located in Lycoming County, Pennsylvania. Represented Moxie Energy and project company, Moxie Uberty LLC, in connection with the development, construction and approximately $651 million poect financing of an 829 MW combined cycle natural gas-fired electric generation facility located in Bradford County, Pennsylvania. Represented Ardight Capital Partners in connection with the acquisition and financing of a 123 MW combined cyde natural gas-fired electric generation facility located in Ludington, Michigan. Represented Auantic Power Corporation and project company, Canadian Hills Wind, LLC, in the approximately $290 million construction financing of 298.45 MW wind power project located in Canadian County, Oklahoma. Represented Adantic Power Corporation in the acquisition and financing of a 155 Mw natural gas-fired power generation facility located in Aubumdale, Florida. Represented Astoria Energy II LLC in connection with the development, construction and approximately $1.1 billion project financing of a 550 MW combined cyde natural gas-fired electric generation facility located in New York City. This deal was named 2009 Americas Power Deal of the Year by Project Finance Intemational. Represented Ares EIF Group (formerly Energy Investors Funds) and project company, Kleen Energy Systems LLC, in connection with project development and debt and equity transactions valued at more than $1.3 billion for the construction and long term nnancing 620 MW dual fuel fired electric aeneration project located in Middletown, Conn. This deal was named 2008 North American Single Asset Power Deal of the Year by Project Finance Magazine. lwtlts rxE Arfllrril0xs Board of Trustees, Ronald McDonald House Charities of Eastern New England Member, American Bar Association Member, Boston Bar Association Member, Massadr usetts Bar Assocjation tDttsst0lrs Connecticut MassachusetG North Carolina U.S. District Court for the Westem Distict of North Carolina TIIUGTI!OX Boston University School of Law, 2005, J.D. Connecticut College, 2000, B.A. 25 vwvw.morganlewis.com stGr0ns Energy STITICTS Energy Transactions Corporate, Finance & Investment Management ITGIOXS Norfi America 26 www.morganlewis.com Morgon Lewis HtlIRY WH]IIRAUB ASSOGIAIT henry.weintraub@morganlewis,com Los Angeles Phone + 1.213.580.6466 Fax + 1.213.680,6499 300 South Grand Ave., 22nd Floor \\ Los Angeles, CA 90071-3132 \\ United States Henry (Hank) Weinfaub foorses his practice on general corporate, mergers and acquisitions, private equity, and energy matters. Hank works with public and private companies on a broad range of corporate matters including mergers and acquisitions, shareholder activism, and corporate governance. His energy practice spans solar, energy storage, and nuclear matte6. While attending the UniveBity of Southem Califomia, Gould #tool of [aw, Hank was an editor on the Review of Law and Social lustice and was also a summer associate at another intemational law firm in Los Angeles. iltIilsst0xs California TDUGTIIOX University of Southem califomia, Gould School of Law, 2014, l.D. Arizona State University, 2011, M.Ed, summa cum laude Brown University, 2009, B.A. stGrtIs Energy stlilGrs Corporate, Finance & Investment Management Mergers & Acquisitions Private Equify Securities & Corporate Governance 27 www.morganlewis.com Specialist Team Morgon Lewis wtlltAlUl lt. lfl sslltGtn PANIiltN william.kissinger@morganlewis.com San Francisco Phone +1,415.442.1480 Fax +1.415,442.1001 One Ma*et, Spear Street Tower \\ San Francisco, CA 94105-1596 \\ United States Since 2003, William (Bill) D. Kissinger has focused his pGctice on energy matters in California and nationally along with related environmental issues. He developed this practice after spending two years working as senior deputy legal affaiB secretary to Gov. Gray Davis and seMng as the primary legal contact for the Office of the Governor with Cal EPA, cal Health and Human Services Agency, and the Resources Agency. Bill previously spent four years in Washington, DC working in senior positions at the White House and the US State Department. Bill served as a member of the Govemor's Energy Task Force, responsible for shaping California's strategy in responding to the200l electricity oisis. He was California's lead negotiator in the effort to renegotiate the multibillion-dollar energy contracts the state entered into in early 2001. His efforts resulted in greatly improved contract terms with future savings to the state in excess of $5 billion over the life of the contracts. Bill was also a member of the Califomia Electricity Oversight Board, after being appointed by Gov. Davis in 2002. From 1997-2000, Bill served as special assistant to the legal adviser for the US Department of State in Washington, D.C. From 200F2001, he served as senior adviser for international economic policy at the white House National Economic Council. Bill's practice includes energy and environmental matters. He represenb conventional and renewable energy companies, municipalities, and publicly owned utilities. His energy practice includes representing parties in litigation arising out of the purchase and sale of electricity as well as providing advice on regulatory matters involving the California Independent System Operator, the California Public Utilities Commission, California Energy Commission, and the Federal Energy Regulatory Commission. Recognized by Chambers USA, Bill is dessibed as "a wealth of knowledge and contacG" by his energy clients. Bill serves as a member of the San Francisco Bay Regional Water Quality Control Board after being appointed by Gov. Brown in 2012. Prior to joining Morgan Lewis, Bill was a partner in the environmental practice of another international law Rrm. stttGrtl ntrnrsrrrril0xs Energy-Related Matters Assisted in passage of california legislation to enable 800 MW gas-fired power plant to complete www.morganlewis.com California Energy Commission (CEC) licensing process Negotiated first of its kind multiparty interconnection agreement for Arizona-based 500 MW photovoltaic solar project involving two adjacent balancing authorities (CAISO and APS) Represented California municipal public utility in section 206 proceeding before Federal Energy Regulatory Commission (FERC) against an investor-owned utility arising out of the breach of interconnection agreement Represented independent power plant developer before California Public Utilities Commission (CPUC) for approval of power purchase agreement with Pacific Gas & Electric Co. Appeared on behalf of two Mexicali-based combined cyde power plants in CPUC proceedings related to the acquisition by San Diego Gas & Electric Co. of resources to meet grid reliability criteria Prosecuted American Arbitration Association arbitration arising out of dispute relating to purchase of electricity by California Department of water Resources from Sempra Generation Represented party before CPUC seeking approval of the sale of the 1,050 MW Mountainview Power Project to Southem Califomia Edison Participated in califomia Independent System Operator (CAISo) sponsored stakeholder process relating to the management of transmission congestion and the proposed development of additional congestion management zones Appearances before FERC relating to challenges of proposed CAISO tariff amendments and associated compliance filings Represented Intercen Services Inc. before the CPUC proceedings relating to the development of various transmission upgrade poects Renegotiated on behalf of the California Department of Water Resources Power Purchase Agreements with Allegheny Energy Supply, CalPeal! Constellation Power Source, Edison Mission Energy, El Paso, GWF Energy tIC, High Desert Power, PGE Trading, Williams Energy Marketing & Trading; renegotiated contracG resulted in more than $5 billion in savings to the state of California Led US delegation on behalf of the State Deparunent to successfully conclude negotiations with Canada on the sale of Canadian electricity into the wholesale energy markets Environmental llatters Advised California Department of Water Resources on environmental permitting related to emergency levee repairs along Sacramento River Plaintiffs counsel in multiparfy cost recovery action pending in U.S. District Court Hawaii Represented former property interest holder within Hylebos Superfund site, Tacoma, wash. Established new precedent under Califomia Right-to-Know statute that provided additional protection to commercial trade secrets Extensive involvement in all phases of Superfund litigation and remediation, including US v. Stringfellow, U.5. v. A ied, U.S. v. Bunker Hill Other Matters Advised party seeking to do business with state of California on state procurement practices Acted as lead plaintiffs' counsel in multiparty litigation involving tort law daims of first impression under California law; successfully negotiated multimillion-dollar setflement for client; efforts recognized W Qlifornia Lawyer magazine twtlts txl t]fllltlltxs Listd, The Legal 500 US (2016) www.morganlewis.com Ranked, Chambrc USA, Energy: State Regulatory & Lltigation, Califomia (2017-2077) Rankd, kst Lawyers in Amei@, Energy Regulatory Law (201F2018); Energy Law (200+ 2018); "Lawyer of the Year" for Energy Regulatory Law (2017-2018) Listed, Surer Lawyers, Northem Califomia (2005, 201f-2014) Listd, ki Lawye6, San Francisco Energy Law Lawyer of the Year (2012) Board Member, San Francisco Regional Water Quality Control Board (Govemor Brown Appointment) Board Member, Grid Alternatives Board member, China-US Energy Efficiency Alliance Board member, law Center to Prevent Gun Violence Member, Conference of Califomia Public Uulity Counsel Member, Energy Bar Association Member, American Bar Association Member, Pacific Council on Intemational Policy Member, Lawye6' Committee for Civil Rights of the San Francisco Bay Area Recipient, Certificate of Excellence awarded by Attomey General Bill Lod<yer (2003) for "exfaordinary advocacy for California energy @nsumers" Redpient, US Department of State Superior Honor Award (2000) for outstanding contribuuon to negotiations resolving daims of the Peoplet Republic of China against the United States arising out of the Chinese Embassy bombing in Belgrade, Yugoslavia Recjpient, 1996 "Califomia lawyer of the Year" based on advocacy in a pro bono action against the assault weapon manufacturer used in mass shooting in San Francisco high-rise building Recipient, The Jack Berman Advocacy Center of the American Jewish Congress 1996 Community Service Award Recipient, Margaret Sanger Community Sanger Service Award Planned Parenthood Association of San Mateo (1992); recognized for successful prosecution of claims for injunction relief against Operation Rescue on behalf of Planned Parenthood healthcare clinic Notes and Comments Editot, Ecology Law Quaftedy (past) ttttsst0rs Califomia US Court of Appeals for the Ninth Circuit US District Court for the Central Distict of Califomia US District Court for the District of Hawaii US District Court for the Eastem District of Califomra US District Court for the Northern District of California US Supreme Court 30 www.morganlewis.com TIUGII!OX Princeton University, 1982. Bachelor of Arts, Cum Laude University of Califomia, Berkeley Sd)ool of Law (Boalt Hall), 1987, Juris Doctor srGI0[s Energy STIIICTS Environmental Counseling & Litigation Litigation, Regulation & Investigations Morgan Lewis Consulting Energy Regulatory Merge6 & Acquisitions Corporate, Finance & Investment Management Energy Litigation 31 www.morganlewis.com Mor'gon Lewis ttlABI( G. Wlllll]rlS PABTIItR mark.williams@morganlewis,com Washington, DC Phone +1.202.739,5327 Fax + 1.202.739.3001 1111 Pennsylvania Ave. NW \\ Washington, DC 20004-2541 \\ United States I'4ark C. Wlliams represents clients in the electric power and natural gas industries. For more than 20 years, Mark has advised banks, insurers, pension funds, multinational institutional investors, hedge funds, private equity funds, and traditional investment funds on the complex regulatory requirements applicable to electricity and gas investments. He documents secured lending and direct equity positions, investment and portfolio affiliations, bankuptcy matters, and fuel procurement and transportation issues. Mark advises institutional investors, fund managers and advise6, and private equity funds on the energy regulatory requirements applicable to electricity and gas investrnents, financings, mergeB, acquisitions, securities, and restructuring transactions. To date, he has represented investoB in transactions totaling more than 37,000 MW of electric generating capacity, and more than 29.000 miles of natural gas pipeline capacity. Before entering private practice, Mark was the sole attorney in the Division of Corporate Applications of the F€deral Energy Regulatory Commission (FERC). In that role, he advised the commission on merger, divestiture, financing, independent power, and electrical transmission system matters, and led more than 100 commission orders in transactionaFregulatory matters. Mark also led FERCT review of generation facility sales, utility and holding company restructuring transactions, and a range of Regional Transmission Organization (RTO) proposals, including the formation of the Alliance RTO, the acquisition of a US facility by a foreign energy system, and the independence of RTOS from other energy market participants. Chambes USA r*qnized Mark as "one of the leading attorneys in the USA when it comes to the regulatory aspects of the purchase and sale of electric generation assets" and as "a tremendous resource for any team . . . well versed in regulatory minuuae and top of the class in the regulatory space." He is also recognized by Chanberc Global and has been lead energy regulatory counsel to several project finance transactions deemed "deals of the year." Prior to joining Morgan Lewis, Mark was a partner in the energy practice of another intemational law firm. srrrGIID ItPItsrxrril0rs Energy regulatory counsel to Ares EIF Management LLC, the manager of leading electricity and gas private equity funds. www.morganlewis.com Energy regulatory counsel to the developers of the Astoria Energy projecG in New York. Energy regulatory counsel to Northern Star Generation LLC independent power system. Energy regulatory counsel to financial and institutional oeditors and noteholders of over 50 generating companies and holding companies. Lead regulatory counsel to General Electric Energy Financial Services in connection with the financing, development, and regulauon of new dean€nergy wind-generation facilities aooss the country. Lead regulatory counsel to Poruand Natural Gas in its 2003 refinancing. Lead regulatory counsel to Highstar Renewable in its 2003 acquisition of renewable-fuel independent power generauon interests from Duke Energy. Lead regulatory counsel to AIG Highstar Capital in its 2002 acquisition of the 6,000-mile Southern Star CentEl gas pipeline (and to Southern Star in its 2003 refinancing, to AIG and Southem Star in the 2005 acquisition by General Electric Capital, and to Southern Star in its 2006 refinancing). Repreented private equity and insurance investors in former Enron electric facilities in FERCT 2003- 2004 Enron proceedings, leading to the full and public exoneration of the clients. rwr[0s rxt tr]l]ttlltts Ranked, Chambe6 Global: The World's Leading Lawyers, Energyi Regulatory & Litigation Law (2013- 2017) Ranl<ed, Chamberc USA: Ameicab Leaditry LawyeB for Business, Energy: Electricity - Regulatory & Litigation Law, Nationwide (2007-2017) Ltstd, IFLR1000 Financial and Corporate guide "Leading Lawyer" (2017) Ranked, The Best Lawers in America, Project Finance (2009-2014,2017-2018) Ranked, The Legal 500 US (2012, 2Ol5) Trustee, Foundation of tne Enerry Law loumal(201t-presenl) Member, American Bar Association Member, Energy Bar Association: - Founding Chair, Committee on Finance and Transactions (199+2000) - Vice Chair and Chair€lect, Committee on Finance and Transactions (2005-2006) - chair, committee on Finance and Transactions (2006-2007) - Vice Chair (2008-2010) and Chair (201F2011), Committee on Professional Development and Ethics - co-chair, Programs and Meeungs Committee (2005-2006) - Conference Chair, National Legislative Program (2005) - Elected Member, Board of Directors (2002-2005) - Chair, Commiftee on FERC Administration and Reorganization (1998-1999) Commissioner, City Industrial Development and Revenue Bond Authority, City of Alexandria, vA Oerm 2002-2012; acting Chairman, 2012) Adviser to U.S. Congress, House of Representatives, Subcommittee on Regulatory Reform and Paperwork Reduction (105th Congress) in connection with national electric-sector oversight hearings (1998) tlttsst0xs District of columbia New York www. morganlewis.com U.S. Court of Appeals for the District of Columbia Cirolit TIIGIIITI New York Law School, 1990, J.D. C.olumbia University, 1987, B.A. ETGITIS Energy Transportation Automotive sEnutcts Energy Regulatory Energy Transactions Private Equity Private Investrnent Funds Corporate, Finance & Investrnent Management Litigation, Regulation & Investigations ltGt0xs North America 34 www.morganlewis.com Mor'gon Lewis tllA t0ltY GA1t1t01r P[RI1{IR ella.gannon@morganlewis.com San Francisco Phone +1.415.442.LL7L Fax +1.415.442.1001 One Ma*et, Spear Street Tower \\ San Francisco, CA 94105-1596 \\ United States Ella Foley Gannon represents clients before a myriad of state and federal regulatory agencies, focusing her practice on federal and state environmental laws, natural resource permitting, and land use entitlements. Recognized as one of the leading permitting and siting lawyeB in California and an authority in endangered species, wetland, water quality, and water rights issues, she assists developers and landowners who undertake complex development pOecG, including renewable and traditional energy and transmission projects, as well as residential, commercial, industrial, and mixed-use projects. Ella currently serves as a deputy chair of Morgan Lewis's global litigation practice. Named a "Top Woman Lawyef by he Daily Joumalin 2013 and 2014, Ella has also been recognized in Chambers USA as a "Leading Lawyer" in her field. Ella represents clients before state and federal regulatory agencies, including the US Army Corps of Engineers, the US Fish and wildlife Service, the Eureau of Lands Management, the US Environmental Protection Agency, the California Energy Commission, the California State Water Resources Control Board, the nine Califomia State Regional Water Quality Control Boards, and the Califomia Department of Fish and Game. She represents clients before these agencies on issues involving the Clean Water Act, the Federal Endangered Species Act, the National Environmental Policy Act, the Warren-Alquist Act, the National Historic Preservation Act, the California Environmental Quality Act, the Califomia Endangered Species Act, the Porter-Cologne Act, and the Califomia Fish and Game Code. Ella has a strong track record of defending permits in both state and federal courts and in litigation involving challenges to state and federal rulemaking. Prior to joining Morgan Lewis, Ella was chair of the environmental, land use, and natural resources practice of another international law firm, where she was also a member of the executive board. Earlier in her career, Ella was a law clerk to ludge Melvin Brunetti of the US Court of Appeals for the Ninth Circuit. She was also a research fellow for the University of Califomia water Resources Departrnent. sntGItD It?[IstxItIt0xs Energy Projects Advising Talisman Energy on land use and air permitting requirements con@ming its investrnent in an oil shale project in California; also advising Talisman on permitting requirements from California's Department of Conservation, Division of Oil, Gas & Geothermal Resources, and from the San Joaquin Valley Air Pollution Control District Representing a proponent of two large solar poects in connection with obtaining CEC, BLM, resource www. morganlewis.com agency and other environmental permits for solar poects in Califomia totaling over 1,370 MW Assisting a developer of two large-scale wind poects in Kansas and North Dakota with NEPA and Endangered Species compliance Represented a major energy company in @nnection with NPDES permitting for a once-through cooling plant; assisted in responding to appeal of NPDES permit to the State Water Resources Control Board which was dismissed Represents a major oil company in connection with endangered species permitting for linear projects Project Planning and Permatting Represented Lennar Communities in @nnection with the permitting of a large mixed-use development project in Placer County, which includes approximately 1,880 residential homes, a commercial center, an 18-hole golf course and 690 acres of natural open space. Permits and authorizations obtained for the project included Section 404 wetland permit from the US Army Corps of Engineers, water certification from the Regional Water Quality Control Board, Incidental Take Statement and Biological Opinion from the US Fish and Wldlife Service through a Section 7 consultation, a Streambed Alteration Agreement with the Glifornia Department of Fish and Game, and Section 106 Agreement between State Historic Preservation ffice and the Corps of Engineers. She also negotiated deed restrictions and an easement with the Department of Toxic Substances Conuol. Stormwater Permitting Conducted an audit of a major builde/s stormwater pollution prevention plans for their large mixed-use projects to ensure compliance with the requirements of the Califomia General Permit for Discharges of Stormwater Runoff associated with construction-related activities Helped develop a field guide to compliance with general permit requirements for future projects Assisted a client in responding to and addressing regulatory requirements associated with disdrarges of untreated stormwater and helped obtain @ncurence from Regional water Quality Control Board that discharge did not constiMe violation of permit conditions Represents a manufacturing facility in connection with obtaining and complyrng with an NPDES permit Litiga6on Successfully defended federal entitlements issued to a mixed-use development project in Hayward, Calif. The case involved claims of non-compliance with the Clean Water Act and the Endangered Species Act; also assisted in negotiation of settlement of appeal of the district court's decision. Successfully defended a development poect in a citizen suit challenge involving claims under the Endangered Species Act, the Clean Water Act, and the National Environmental Policy Act; assisted in negotiation of settlement of the appeal of the district court's decision as well as a global settlement of state law claims against the poect Defended a retail project in a suit involving claims under the California Environmental Quality Act AdminisEative Advocacy Repres€nts the California Building Industry Association in connection with the State Water Resources Control Boardt proposal to develop a state wetland and riparian protection policy twtlgs tx0 ffHlnr!!rs Listed, Acritas Star l-awyer (2017) Ltsted, Cha mbers USA, Environment (Califomia) (201 3-20 l7) www. morganlewis.com Named, Top Woman Lawyer, 8F-st Lawye6 (2016-2017) Li*d, re$ Lawyers, Environmental Law (2013-20f8) Recommended, Environment Litigation (2013-20f5); Industry focus - Energy - litigation - oil and gas (2017), The Legal s00 Us Ltsld, Daily lourna, Top Woman l-awyer (2013-2014) Ltstd, Super Law,yers, NorEEm Califomia (2012-2017) Member, Order of the Coif ltlts$tIs Califomia US Court of Appeals for ttle Ninth Circuit US Disuict Court for the Central District of Glifomia US District Court for the Northern District of Califomia US District Court for the Southem District of California GlEitSil?S Clerkship to Judge Melvin T. Brunetti of the US Court of Appeals for Ninth Circuit (1998 - 1999) tttclilar University of Califomia, Hastings College of the Law, 1998, Juris Doctor Uni\€rsity of Midrigan, 1989, Bachelor of Arts srcr![s Energy sIlilGt$ Environmental Crunseling & Litigauon Litigation, Regulation & Investigations Energy Utigation Crisis Management 37 www.morganlewis.com Morgon Lewis TUIARG A. IIUIRA]II P[RIlITR marc.liverant@morganlewis.com Los Angeles Phone +1.213.612.2603 Fax +1.213.612,2501 300 South Grand Ave., 22nd Floor \\ Los Angeles, CA 90071-3132 \\ United States Marc A. Uverant advises real estate developeB, owners, operators, investors, lenders and other end- us€rs in the acquisition, development, financing, leasing, and disposition of development pnrcels, office buildings, shopping centeB, single-use properties, hotels, residential subdivisions, energy projects, and mixed-used projects. He negotiates and drafts real estate-related agreements that include property purdrase and sale agreements; industrial, retail, and commercial leases (including ground leases and master leases); easements; option, joint venture, and management agreements; construction documents; and film and teleMsion locrtion agreemenb. Marc represents national and intemational companies, hospitals, real estate investment trusb (REITS), instihrtional lende6, private equity funds, and pension funds and their advisers. He has experience with complex conduit and portfolio mortgage loans secured by industrial, office, retail, multifamily, and mixed- use properties. Marc is co{eader of the firm's Los Angeles corporate and business transactions practice. twtlDs tID rrHUtIttIs Listed, "Pennsylvania Rising Star for 2005," Law & Politis Magazine Listed, "Southem Califomia Rising Star," SuFr Lawyers Magazine (20U-2014) Recommended, Real estate and construction - Real estate, The Legal 500 US (2015,2017) rrf,rssr0Is Califomia New Jersey Pennsylvania TIIUGTIIOX Pennsylvania State University, 1996, 8.S., High Distinction Temple University, 1999, M.B.A. Temple University, Beasley School of Law, 1999, 1.D., Cum Laude www. morganlewis.com stcr![s Financial Services Technology Energy stlutGEs Energy Transactions Real Estate BTGITIS Norb America 39 www.morganlewis.com Morgon Lewis PAUl il|. WllllAtrts lss0Grlrt paul,williams@morganlewis.com Los Angeles Phone +1.213.612.7493 Fax +1.213.612,2501 300 South Grand Ave., 22nd Floor \\ Los Angeles, CA 90071-3132 \\ United States Paul M. Williams advisB dien6 on a range of merger, aoquisition. disposition, development, and financing transactions, induding cross-border transactions. Specifically, Paul foolses his practice on the acquisition, divestiture, flnancing, and development of energy, industrial, commercjal, and mixed-use projects. He provides advice to conventional resource companies, energy companies, real estate developers, lenders, venture capital and private equity investoB, owners, and operators. twt[!s tx! ttflUtIt0Is Fanked, Whob WID Legalfor energy law in Califomia and the US (20f5-2017) Rankd, SuFr Lawyers, Southem Califomia Rising Stars for Energy & Natural Resources (2017) Member, Association of International Petroleum Negotiators Member, Los Angeles Association of Professional Landmen tlttsst0Is Crlifomia Alberta, canada E!UGIIIllX University of Calgary. 2009, J.D. University of Cambridge, 2003, MPhil Amherst College, 2OO2, 8.A., cum laude stcltls Energy Financial Services 40 www.morganlewis.com stnutcts Corporate, Finance & Investment Management Energy Transactions Real Estate ntGl0xs North America 4l www.morganlewis.com Morgon Lewis PAU1 A. GORIII|]I PARIlIIR paut,gordon@morganlewis,com Phatadelphia Phone +1.215.953.5568 Fax +1.215.953.5001 1701 Market St. \\ Philadelphia, PA 19103-2921 \\ United States Paul A. Gordon provides transactional planning advice on US federal tax issues to a range of business entities and industries, with an emphasis on energy transactions. He concentrates on planning for mergers and acquisitions (M&A), corpoGte joint ventures, investment fund formations and portfolio company transactions, energy project finance and infrastructure transactions (involving oil and gas, nuclear, and renewable energy poects), life science technology transfer transactions, and employee stock ownership plan (ESOP) transactions. He regulady provides stand-alone consulting, ruling, and opinion support on complex tax compliance issues. Paul regularly structures corporate M&A, divisions, consolidations, recapitalizabons, and dispositions of both publicly traded and privately held corporations in both taxable and nontaxable transactions. With a focus on negotiating, structuring, and implementing private equity fund investments in, and dispositions of, corporate portfolio companies, Paul advises corporate clients on general tax compliance issues, including employment taxes, tax accounting, and consolidated returns. Paul negotiates, drafts, and reviews partnership, limited liability company (LLC), and corporate joint venture operating agreements. He has experience drafting the allocation, distribrjtion, and tax operating agreement provisions needed to implement complex equity designations and equity compensation arrangements. For LLCS, joint ventures, and other forms of partnerships, Paul's advice includes complex structuring, drafting, and tax analysis. He has represented and regularly provides tax counseling to numerous investment funds both at the fund formation stage and in portfolio company acquisition and disposition transactions. His practice also includes tax planning and tax document production for businesses and economic arrangements classified as partnerships for federal income tax purposes, including private equity funds, hedge funds, real estate development entities, joint ventures, oil and gas joint development agreements, structured finance special purpose vehicles, and operating partnerships used in umbrella parheEhip real estate invesunent trust (UPREfD structures. Paul has worked on numerous large leveraged ESOP acquisition and disposition transactions from all sides-the seller, lender, financial sponsor, and trustee. His experience in this area includes tax structuring, analysis, and opinion support on good S corporation, true sale, debt-to-equity, and other complex tax issues. www.morganlewis.com t Paul regulady provides stand-alone consulting, opinion, and tax authority ruling support on mmplex tax issues for audit and tax retum preparation purposes. He has lectured with nationally remgnized experts on corporate, parheEhip, energy, and ESOP tax issues. twlBDs txD tffrlnrr0[s ABA Tax Section Lecturer Tax Executive Institute CIEI) Lecturer trttsst0rs Pennsylvania TIIUGIIIOT New York University fiool of Law, 2003, LL.M. Temple Unive6ity, Beasley School of Law, 2000, J.D., Magna Cum Laude University of Delawarc, L997, 8.A., Cum Laude STGTOBS Energy srIurGIs Tax Mergers & Acquisitions Energy Regulatory ESOPs Private Equity CorpoGte, Finance & Investment Management Litigation, Regulation & Investigations 43 www.morganlewis.com Morgon Lewis DAliltl ilt. Itiloil 0r G0ulrsrr daniel.dixon@morganlewis.com Philadelphia Phone +1,215.963.1734 Fax +1,215.953,5001 1701 Market St. \\ Philadelphia, PA 19103-2921 \\ United States Daniel Dixon focuses his practice on providing the highest quality State and Local Tax (SALT) counsel and advocacy to Fortune 500 companies and beyond. Often this counsel and ad\ocacy results in saving corporations significant state taxes. He has resolved both through litigation and setuement, difficult state tax matters before administrative appeal boards, tax tribunals, and courts in more than 25 states. Dan has argued and won several high-profile cases before the Pennsylvania commonwealth Crurt, induding Mission Funding Alpha v. Commonwealth, en bal.,c (extending the statute of limitation for filing tax refund claims and reversing a longstanding position held by revenue) and Level 3 Communi@tions LLC v. Commonwealth (defeating revenuet contention hat charges for Internet access were taxable telecommunications seMces). However, the scope of Dan's state tax practce is national, with experience in Pennsylvania, New Je6ey, New Yor& virginia, Texas, and California. He has also developed particular experience in state taxation of emerging tedrnologies, including doud computing, software, SaaS, PaaS, and many other cutting edge products. With the emergence of the Marcellus Shale boom in Pennsylvania, Dan began to focus a portion of his practice on the energy/oil and gas indusuy, advising dients on fuels taxes, severance taxes, and oedits and incentives in the solar and wind industry. Dan works dosely with dients to help them dEose the best course of action in each particular situauon. Whether the client needs complex multistate litigation help, creative solutions for difficult problems, an aggressive advocate in a particular jurisdiction, or simple advice, Dan always provides the highest quality service to clienb. srlrGrr! [ttItstxrrrrtrE Mission Funding Alpha v. Commonwealth, e, banc (extending the stahJte of limitation for filing tax refund claims and reveBing a longstanding position held by revenue) Level 3 Communi@tions LLC v. Commonwealth (defeating revenue's @ntention that charges for Intemet access were taxable telecommunications seMces) Advised a national dient in connection with a nationwide state corporate income and frandlise tax retum review that resulted in more than $10 million in refunds. Successfully negouated with the New Jersey Division of Taxation to reduce a $20 million petroleum gross receipE tax and motor fuels tax New Jersey Assessment to zero. Prevailed in a New York unemployment insurance claim regarding employee dassifications issues. Received a mulumillion dollar Califomia softuJare sales and use tax refund for major firm computer 44 www.morganlewis.com services dient. rtllls lm[Itllliltrs Member, Philadelphia Bar Association Member, Pennsylyania Bar Association Member, InstiMe for ProfessiorEls in Taxation Member, Tax Executives Instihjte rtltEsttls Pennsylvania New Jersey Pennsylvania Supreme Court cltirSltts Clerkhip to Judge Leslie Fleisher of the Philadelphia Court of Common Pleas (2005) iltcrilar Widener Uni\rersity Sdlool of taw, 2005, 1.D., Cum Laude Saint Joseph's University, 2000, 8.S., Psydrology, with minors in English and Education $tcrals Financial Services Energy SEiUIGTS Tax Corporate, Finance & Invesunent Management Itcttr$ North America 45 www.morganlewis.com Morgon Lewis At Morgan Lewis, we see our clients as partners. Whether you've been with us for days or decades, whether you're today's industry leader or tomorrow's game-changer, we're always responsive and always on. Connectwithus: @@@ www.morganlewis.com @ 2017 Morgan, Lewis & Bodius LLP O 2017 Morgan Lewb Stambrd tIC O 2017 Morgan. Levus & Bockius uK LLP Morgan, Lew6 & Bockrus UK tIP rs a limited liability parhership regiiered in England and wale6 under numter OC378797 and is a law firm authorised and regulated by the sblicitoE Regulaton Authority. The SRA alhorisamn number is 615176. This mat€ial is provided for your convenience and doei not constituie legal advice or seate an atbnrey.dient rebmn$rp. Prior resulE do not guarantee gmilar outcomes. Attomey A6/ertbng, City of Vernon Request for Proposals (RFP) Legal Counsel for Asset Acquisition City of Vernon Public Utilities Department 4305 Santa Fe Avenue, Vernon, CA 90058 Phone: (323) 583-8811 June 2017 City of Vemon Legal Counsel for Asset Acquisition Request for Proposals 1. INTRODUCTION AND PROJECT The City of Vernon is requesting proposals from law firms to provide legal counsel on a potential asset acquisition. Specifically, the City is exploring the potential purchase of a power generating station within its borders and requires expert legal representation during every stage of the process - e.9., initial offer, due diligence, negotiations, and closing. The City will select one law firm, based on demonstrated competence and a cost effective approach to providing legal advisory services in connection with every aspect of the exploration and, as applicable, acquisition process. 2. BACKGROUND The City of Vemon was founded in 1905, is approximately 5.2 square miles in size and is located approximately 5 miles southeast of downtown Los Angeles California. Over its long history, Vernon has been developed as an industrial community. At the turn of the 20rh century the lands that make up Vernon were comprised largely of farmlands. The presence of three major rail lines in the area led influential business and property owners to encourage the railroad companies to run spur lines onto the farmlands. These rail extensions enabled the creation of an 'exclusively industrial' city. By the 1920's, Vernon was attracting large stockyards and meatpacking facilities. ln the 1930's, Vernon became the location of choice for many heavy industrial plants. As economic conditions changed over the decades, these large scale industrial operations have relocated out of Southern California and Vernon has attracted smaller, lighter industrial facilities. The City's business friendly environment, low cost utilities and key location for trucking and rail transport continue to position Vernon as an ideal location for industrial uses. City Government: The City Council consists of five members, elecled at-large, who serve five.year staggered terms. The City Council annually appoints a Mayor and a Mayor Pro Tem from its own membership to serve one-year terms. Labor Force: Vernon has approximately 280 employees, and its departments include a Fire Department, Police Department, Finance Department, Public Works Department, Public Utilities Department and Health and Environmental Control Department. Present bargaining units recognized include the Vemon Police Officers Benefit Association, Vernon Police Management Association, Vernon Firemen's Association, the Vernon Fire Management Association, lnternational Brotherhood of Electrical Workers Local 47, and Teamsters Local 91 1. 3. PUBLTC uilLrflES ovERvrEw AND Erc.S_.EgUEliIEq Vernon Public Utilities (VPU): The City of Vernon owns and operates a municipal electric utility. VPU serves about 1 ,800 commercial and industrial customers within its service area. Vernon's system peak loads are somewhat non-seasonal due to the type of customer loads on the system, mostly industrial. Therefore, the summer and winter peaks are similar. The City of Vernon's customer mix consists of approximately 33olo Page 2 of l0 Jone 2017 City of Vernon Legal Counsel for Asset Acquisition Request lor Proposals industrial, 62% commercial, 5% other, and less than 1% residential. The system averages about a 7 4o/o load factor largely due to its heavily industrial consumer base. Vernon operates electrical distribution and generation facilities which reside within California ISO control area, and are connected to California ISO through Southern California Edison's 220-66 kV Laguna Bell Substation. lt should be noted that VPU is a municipal electric system engaged in the generation, transmission, distribution, and participating in CAISO's wholesale energy markets under the second amended and restated Metered Subsystem Agreemenl (MSSA), and its distribution system is fully embedded within the CAISO operating Balancing Area. VPU's system peak load is served by approximately 134 MW of generation supplied by natural gas-fired units within the Vernon Substation located at the Malburg Generation Station (MGS), which is owned by Bicent Power and operated by Heorot Power, a peaking generation plant at Vernon Substation capable of producing 11.5 MW ofpeaking generation with two gas turbines rated 5.75 MW each. ln addition to the local generation production, VPU purchases additional energy to complement its 194 MW system demand from long{erm contractual agreements for resources located outsade California such as Palo Verde Nuclear Generating Station, Hoover Dam, and also from short-term power purchases. As such, the City of Vernon desires to contract with a qualified law firm to provide legal advisory services for exploration of a potential asset acquisition, including but not limited to, negotiating the terms and conditions of any transactions on behalf of the City and VPU, conducting due diligence, drafiing closing documents, and providing expert legal advice throughout the entire process. 4. SCOPE OF SERVICES REQUIRED The City of Vernon is seeking the services of a highly qualified law firm to assist in: I Developing a deal strategy that appropriately phases every aspect of the exploration and acquisition with the goal of maximizing value for the City;! Working cooperatively with City staff, including the City Attorney's Office, to coordinate and not duplicate effortsi! Conducting legal due diligence;! Negotiating terms and conditions with the current owner of the power plant that are most favorable to the City;r Assessing risk and providing objectave legal and strategic recommendations based on the same;I Drafting and managing the final deal documents;r Advising the City at every step of the process, including but not limited to recommending the retention of other professionals necessary to complete the deal. Page 3 of l0 June 2017 City ofVernon Legal Counsel for Asset Acquisition Request for Proposals 5. QUALIFICATIONS & CRITERIA A. Qualifications: The City of Vernon will select one firm for all of the outlined Scope of Service on the basis of qualifications, experience, and cost. The following are the minimum qualifications to be used to evaluate responses to this Request for Proposals: 1) Experience in representing and advising utilities in merger & acquisition transactions involving complex infrastructure assets, especially power plants. 2) Experience in developing effective strategies to maximize value for municipal clients. 3) Experience in drafting closing documents for purchase and sale transactions involving complex energy infrastructure assets. B. Selection Criteria: The City will conduct a comprehensive, fair, and impartial evaluation of proposals received in response to this RFP. All proposals received will be reviewed and evaluated by a committee of qualified personnel. The name, information, or experience of the individual members will not be made available to any proposer. The Evaluation Committee will first review and screen all proposals submined, except for the cost proposals, according to the minimum qualifications set forth above. The following criteria will be used in reviewing and comparing the proposals and in determining the highest scoring bid: 1. 4oo/o Qualifications, background and prior experience of the firm in the Service Area(s) being proposed, experience of key staff assigned to oversee seryices provided to Vernon, evaluation of size and scope of similar work performed and success on that work.2. 30% Cost and fees to the City for handling matters. Cost is not the sole determining factor but will be taken into consideration. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. lf rates differ for different types or levels of service, or for different Service Areas, the Proposer should so state.3. 10o Responsiveness to the RFP, and quality and responsiveness of the proposal.4. 20% References including past performance of proposer. ,. FORMATANDDELIVERYOF RESPONSE Respondents are asked lo submit one (1) unbound original, (fouo 4 hard copies and one (1) electronic copy (via email to knguyen@ci.vernon.ca.us) of their proposals in sufficient detail to allow for a thorough evaluation and comparative analysis. The proposal should include, at a minimum, the following information in sectionalized format addressing all phases of the work in the RFP. Page 4 of l0 June 2017 A. City of Vemon Legal Counsel for Asset Acquisition Request for Proposals Fomat: Limit your proposal to 20 typed 8.5" X 11' pages, or fewer, on white bond paper of at least 2Gpound weight single sided (excluding cover letter and attachments. You may aftach a firm brochure if you wish, but it must be as a separate attachment and independent from the required elements noted above. 1. Use a conventional typeface with a minimum font size ol 12 points. Usea 1' margin on all boarders. 2. Organize your submittal in the order described above. 3. Prominently label the package: "Legal Counsel for Asset Acquisition'and include the name of the primary contact for the respondent. Deliver the response to: City of Vemon Attention: Kelly Nguyen, General Manager of Public Utilities 4305 Santa Fe Avenue Vernon, CA 90058 4. Responses are due on or before 12:00 p.m. noon on September 25, 2017. Lale response will not be accepted. 5. lf you have any questions about this RFP, it should be sent solely via email to knouven@ci.vernon. ca. us. September 21,2017 on or before 5:00 p.m. is the deadline to submit any questions regarding the RFP. Please note that any questions asked and any response provided by Vernon will be sent to every person who will be submitting a proposal, to the exlent the City is aware of them. Cover Letter: All proposals shall include a cover letter which states that the proposal shall remain valid for a period of not less than ninety (90) days from the date of submittal. lf the proposal contemplates the use of suFcontractors, the sub- contraclors shall be identified in the cover letter. lf the proposal is submitted by a business entity, the cover letter shall be signed by an officer authorized to contractually bind the business entity. Vvith respec{ to the business entity, the cover letter shall also include: the identification of the business entity, including the name, address and telephone number of the business entity; and the name, title, address and telephone number of a contact person during the proposal evaluation period. lntroduction: Present an introduction of the proposal and your understanding of the assignment and significant steps, methods and procedures to be employed by the proposer to ensure quality deliverables that can be delivered within the required time frames and your identified budget. General Scope ot Work: Briefly summarize the scope of work as the proposer perceives or envisions it for each Service Area proposed. Work Plan: Present concepts for conducting the work plan and intenelationship of B U. D Page 5 of l0 Jone 2017 E G City ofVemon Legal Counsel for Asset Acquisition Request for Proposals F, all projects. Define the scope of each task including the depth and scope of analysis or research proposed. Fees and costs: Although an important aspecl of consideration, the financial cost estimate will not be the sole justification for consideration. Negotiations may or may not be conducted with the proposer; therefore, the proposal submitted should contain the proposer's most favorable terms and conditions, sinc€ selection and award may be made without discussion with any firm. All prices should reflect'not to exceed" amounts per item. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. Ability of the Proposer to Perform: Provide a detailed description of the proposer and his/her/its qualifications, including names, titles, detailed professional resumes and past experience in similar work efforts/products of key personnel who will be working on the assignment. Provide a list of specific related work projects that have been completed by the proposer which are directly related to the assignment described in this RFP. Note the specific individuals who completed such project(s). ldentify role and responsibility of each member of the project team. lnclude the amount of time key personnel will be involved in the respective portions of the assignment. Respondents are encouraged to supply relevant examples of their professional product. Provide a list of references. The selected firm shall not subcontract any work under the RFP nor assign any work without the prior written consent of the City. Affidavit of Non-Collusion. Proposer must submit a completed and signed, "Affidavit of Non-Collusion." (Copy attached as Exhibit A). 7. ADDENDA. CHANGES. AND AMENDMENTS TO THIS SOLICITATION At any time prior to the due date for responses, the City may make changes, amendments, and addenda to this solicitation, including changing the date due to allow respondents time to address such changes. Addenda, changes, and amendments, if made, will be posted on the City's website (www.cityofvernon.org), which is deemed adequate notice. A proposer may make a request to the City's project coordinator to be placed on a list of persons to rec€ive notice of any such addenda, changes, or amendments. The prefened manner of communications is via e-mail due to its timeliness. E. CONDITIONS FOR RESPONSES TO RFP The following conditions apply to this RFP process: A. Nothing contained in this RFP shall create any contractual relationship between the respondent and the City. Page6ofl0 June 2017 City ofVemon Legal Counsel for Asset Acquisition Request for Proposals F, This RFP does not obligate the City to establish a list of service providers qualified as prime contractors, or award a contract to any respondent. The City reserves the right to amend or cancel this RFP without prior notice, at any time, at its sole discretion. The City shall not be liable for any expenses incurred by any individual or organization in conneclion with this RFP. No conversations or agreements with any of{icer, agent, or employee of the City shall affect or modify any terms of this RFP. Oral communications or any written/e-mail materials provided by any person other than designated contact staff of City shall not be considered binding. The City reserves the right, in its sole discretion, to accept or reject any or all Proposals without prior notice and to waive any minor irregularities or defects in a Proposal. The City reserves the right to seek clarification on a Proposal with any source. The dates, times, and sequence of events related to this RFP shall ultimately be determined by the City. The schedule shown above is subjecl to change, at the sole discretion of the City, although the City will attempt to follow it and, if it must be altered, will attempt to provide reasonable notice of the changes. Respondents shall nol issue any news release pertaining to this RFP, or the City without prior written approval of the City. All submitted proposals and information included therein or aftached thereto shall become publac record upon delivery to the City. H. 9. RIGHT BY THE CITY TO WITHDRAW THIS REQUEST The City may, at its sole discretion and for any reason whatsoever, withdraw this solicitation at any time. 10. LIVING WAGE ORDINANCE The selected consultant shall pay qualifying employees a wage of not less than 910.30per hour with health benefits, or $1 1 .55 per hour without health benefits. The consultant shall also provide qualifying employees at least twelve days off per year for sick leave, vacation or personnel necessity, and an additional ten days a year of uncompensated time for sick leave. There shall be a prohibition on an employer retaliation against an employee's complaining to the City with regard to the employer's compliance with the living wage ordinance. Contractor, and any Subcontracto(s), shall comply wath the City's Living Wage Ordinance. The cunent Living Wage Standards are set forth in B. C. D E. G Page 7 of l0 June 2017 City of Vemon Legal Counsel for Asset Acquisition Request for Proposals Exhibit "D' of the standard form contract, attached hereto as Exhibit B. Upon the City's request, certified payroll records shall promptly be provided to the City. 11. STANDARD TERMS AND CONDITIONS Prior to the award of any work hereunder, City and proposer shall enter into the written contract for services attached hereto as Exhibit B. Proposers responding to this RFP are strongly advised to review all the terms and conditions of the Contract. The term of the Contract shall not exc€ed three (3) years. Page8ofl0 June 2017 City of Vemon Legal Counsel for Asset Acquisition Request lor Proposals EXHIBIT A AFFIDAVIT OF NON.COLLUSION Page9ofl0 June 2017 AFFIDAVIT OF NON.COLLUSION BY CONTRACTOR STATE OF CALIFORNIA COUNTY OF LOS AIIGELES ) )ss ) being first duly swom deposes and says that he/she is of (ln*n Mm. ofb'ddd) who submits herewith to the City of Vemon a bid./proposal; That all statements offact in such bid/proposal are true; That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership. company. association. organization or corporation: That such bid/proposal is genuine and not collusive or sham; That said bidder has nog direcrly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vemon, or of any other bidder or anyone else intercsted in the proposed contract; and further That prior to the public opening and reading of bids/proposals, said bidder: a Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid./proposal; b. Did not directly or indircctly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid./proposal, or that anyone should refrain from bidding or withdraw his/her bid/proposal; c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid./proposal price ofsaid bidder or ofanyone else, or to raise or fx any overhead, profit or cost element ofhis/her bid/proposal price, or ofthat ofanyone else; d. Did noq direcdy or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the contenB thereof,, or divulge information or data rclative thercto, to any corporation, partnenhip, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group ofindividuals, excepr the City of Vemon, or to any person or persons who have a partnership or other financial interest with said bidder in his/her business. I certiS under penalty ofperjury that the above information is correct Br: (lNfl "Sol.O*El "Panad" "P' $d.ar. "Sercta+] or odE proFr nde) Title: Date: March 20ll City of Vemon Legal Counsel for Asset Acquisition Request for Proposals EXHIBIT B STANDARD FORM CONTRACT Page l0 of l0 June 2017 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S NAME] FOR IBRIEF DESCRIPTION OF SERVICES] COVER PAGE Contractor: [insert name of contractor] Responsible Principal of Contractor: [insert name, titlel Notice lnformation - Contrac{or: [insert name of contractor] [insert street address] [insert city, state, zip code] Attention: [insert name, title] Phone: [insert phone number] Facsimile: [insert fax number] Notice lnformation - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: [insert department headl [insert department head title] Telephone: (323) 58$8811 ext. [insert] Facsimile: [insert fax numberl Commencement Date: [insert commencement date] Termination Date: [insert termination date] Consideration: Total not to exceed $[insert amount] (includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three (3) years, pursuant to Seclion 10.20 June 2017 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S NAMEI FOR [BRIEF DESCRIPTION OF SERVICES] This Contract is made between the City of Vemon C'Crty), a California charter City and California municipal corporation ('City"), and lcontractor's Name], a [State incorporated inl corporation ("Contracto/). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTMCreB. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on 2.O SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the Request for Proposals dated , Exhibit "A', and Contracto/s proposal to the City ("Proposal") dated Exhibit "8", both of which are aftached to and incorporated into this Contract, by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed in a competent, professional, and satisfac{ory manner in accordance with the prevailing industry standards for such services. 3.0 PERSONNEL, 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontrac{ors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such servic€s and shall be subjeci to approval by the City. June 2017 4.0 TERM. The Contractor shall commence the delivery of services on receipt of a written notice to proceed and shall complete the services on the schedule set forth in Exhibit 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit 'C" attached hereto and incorporated herein by reference. 5.2 Contracto/s grand total compensation for the entire term of this Contract, including change orders, shall not exceed Etslc:3@g without the prior authorization of the City Council and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment, and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 5.4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor: 5.4.1 The actual costs of subcontrac{ors for performance of any of the services that Contractor agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. 5.4.2 Approved reproduclion charges. June 2017 5.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incuned by Contrac{or in the performance of this Agreement. 5.5 Contractor shall nol receive any compensation for extra work performed without the prior written authorization of City. As used herein, "extra work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance with the payment schedule as set forth in Exhibit "C," if the exitra work has been approved by the City- 5.6 Licenses. Permits. Fees, and Assessments. Contractor shall obtain, at Contractor's sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Contrac{or shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the Services by this Agreement. 6.0 PAYMENT. 6.1 As scheduled servic€s are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description ofthe services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month. June 20174 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services, authorized costs, and authorized extra work covered by that invoice. 7.O CHANGE ORDERS. The General Manager of the Department of Public Utilities shall have the authority to issue change orders for administrative and non-material changes to the scope of services and to the time for performance as long as the change orders do not increase the compensation due to Contractor under this Contract and as long as the time is not extended beyond three years. The City Administrator, shall have the authority to issue administrative change orders to increase the compensation due to Contractor under this Contract, but the combined total amount of such change orders shall not exceed [!EI! amountl. 8.0 CITYS RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contradofs services. 9.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times. 9.1 lNDEMNlry. Contractor agrees to indemnify City, its officers, elected officials, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein "claims or liabilities"), including but not limited to professional negligence, that may be asserted or claimed by any person, lirm or entity arising out of or in connection with the work, operations or activities of Contractor, its agents, June 2017 employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of Contractor hereunder, or arising from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such claims or liabilities arise from the gross negligence or willful misconduct of City, its officers, elected officials, agents or employees. 9.2 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. 9.2.1 Automobile Liability with minimum limits of at least $1,000,000, including owned, hired, and non-owned liability coverage if written on a Commercial automobile liabllity form. 9.2.2 General Liability with minimum limits of at least $1,000,000 per occurrence with a combined aggregate of $2,000,000 written on an lnsurance Services Ofiice (lSO) Comprehensive General Liability "occunence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal lnjury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insureds as respects liability arising out ofthe Contradofs performance of this Contract. 9.2.3 lf Contractor employs other contractors as part ofthe services rendered, Contracto/s Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall fumish separate insurance for each subcontractor, meeting the requirements set forth herein. 9.2.4 Professional Errors and Omissions coverage of at least $2,000,000. 9.2.5 Contrac{or shall comply with the applicable sections of the Califomia Labor Code concerning workers' compensation for injuries on the job. Compliance is accomplished in one of the following manners: (D Provide copy of permissive self-insurance certificate approved by the State June 20176 of California; or (ii) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability lnsurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its direc{ors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or (iii) Provide a '\taive/' form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. 9.2.6 Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. 9.2.7 lnsurance shall be placed with insurers with a Best's rating of at least A- vlil. 9.2.8 Prior to commencement of performance, Contrac{or shall fumish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. 9.2.9 Failure to maintain required insurance at all times shall constitute a default and material breach. ln such event, Contractor shall immediately notify City and cease all performance under this Contract until further directed by the City. ln the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with colleclion rights for premiums, attomey's fees and costs against Contrac{or by way of seloff or recoupment from sums due Contrac{or, at City's option; (b) immediately terminate this Contract; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due Contrac{or. June 2017 1O.O GENERAL TERMS AND CONDITIONS. 10.1 INDEPENDENTCONTMCTOR. 10. 1 .1 lt is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent, officer or employee of City and shall furnish such services in its own manner and method except as required by this Contract, or any applicable statute, rule, or regulation. Further, Contractor has and shall retain the right to exercise full control over the employment, direc{ion, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. City assumes no liability for Contractor's actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, subcontractors and independent contraclors, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 10.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. '1O.2 CONTRACTOR NOT AG.Nf. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otheMise. 10.3 OWNERSHIP OF WORK. All documents and materials fumished by the City to Contractor shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All reports, drawings, plans, specifications, computer lapes, floppy disks and printouts, sludies, memoranda, computation sheets, and other documents J(lne 2017 prepared by Contractor in furtheranc€ ofthe work shall be the sole property of City and shall be delivered to City whenever requested at no additional cost to the City. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for ils own files or for such other purposes as may be authorized in writing by the City. 1O.4 CORRECTION OF WORK. Contractor shall promp y correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services fumished by Contractor shall not relieve the Contractor from the obligation to conect subsequently discovered defects, inaccuracy, or incompleteness. 10.5 RESPONSIBILITY FOR ERRORS. Contractor sha be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City, regarding any services rendered under this Agreement at no additional cost to City. ln the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and conect the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 10.6 WAIVER. The City's waiver of any term, condition, breach, or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. The delay or faalure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. June 2017 1O.7 SUCCESSORS- This Contracl shall inure to the benefit of, and shatt be binding upon, the parties hereto and their respective heirs, successors, and/or assigns. 10.8 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Aftorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations underthis Contracl. No assignment shall release the original parties from their obligations or otherwise constitute a novation. '10.9 COMPLIANCE WITH LAWS. Contractor shall comply with a Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. Further, if the Contraclor performs any work knowing it to be contrary to such larivs, rules, and regulations Contractor shall be solely responsible for all costs arising therefrom. 10.10 ATTORNEY'S FEES. lf any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled. 10.11 INTERPRETATION, 10.1 1.1 Applicable Law. This Contract shall be deemed a contract and shall be govemed by and construed in accordance with the laws of the State of Califomia. Contractor agrees that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over all controversies and disputes arising hereunder, and submits to the jurisdiction thereof. 10.11.2 Entire Aoreement. This Contract, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties 10 June 2017 regarding its subject maner and supersedes all prior or contemporaneous negotiations, representations, understandings, conespondence, documentation, and agreements (written or oral). 10.1 1 .3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contracl shall be of no force or effect. 10.11.4 Severabilitv. tf any provision in this Contrac{ is hetd by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 10.'11.5 Order of Precedence. ln case of conflict between the terms of this Conhact and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall striclly prevail. The terms of the City's Request for Proposals shall control over the Contractor's Proposal. 10.1 1.8 Duolicate Orioinals. There shall be two (2) futty signed copies of this Contract, each of which shall be deemed an original. 10.1 1 .9 Construction. ln the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted,ointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 10.12 TIME OF ESSENCE. Time is strictly of the essenc€ of this contract and each and every covenant, term, and provision hereof. 10.13 AUTHORITY OF CONTMCTOR. The Contrac{or hereby represents 11 June 2017 and warrants to the City that the Contractor has the right, power, legal capacity, and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorazed. 10.14 ARBITMTION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construclion, performance, non-performance, breach, or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to objec{ to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 10.15 NOTICES. Any notice or demand to be given by one party to the other musl be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. lf to the City: City of Vernon Attention: Kelly Nguyen, General Manager of Public Utilities 4305 Santa Fe Avenue Vernon, CA 90058 lf to the Contractor: Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving wriften notice of such request to the other party. 12 June 2017 10.16 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right or remedy in, under, or to this Agreement. 10.17 TERMINATION FOR CONVENIENCE AMthout Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days'written notice to Contractor. lf the Contracl is thus terminated by City for reasons other than Contractois failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfaclorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 10.18 DEFAULT. ln the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by writlen notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. ln case of default by Contractor, the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional costs incuned due to delay or default as a result of Force Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Contract as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Contrac{. lf the Recovery Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force Majeure default, then the city may cancel this order in its entirety at no cost to the City, owing only for goods and services completed to that point. 10.'19 TERMINATION FOR CAUSE. Termination for cause shatt relieve the terminating party of further liability or responsibility under this Contract, including the payment of '13 June 2017 money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incuned by the City in obtaining substitute performance. lf this Agreement is terminated as provided herein, City may require, at no additional cost to City, that Contractor provide all finished or unfinished documents, data, and other information of any kind prepared by Contractor in conneciion with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifieen (15) days ofthe request. 10.19.1 Additional ServicE ln the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 10.20 MAINTENANCE AND INSPECTION OF RECORDS, The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contracto/s records to the extent the City deems necessary to insure it is receiving all money to which it is entitled underthe Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least three (3) years afier termination of the Contrac{. The Contractor shall maintain all such records in the City of Vernon. lf not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conduc{ing the audit at a location other than the City of Vemon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead. 10.21 CONFLICT. Contractor hereby represents, wanants, and certifies that no member, officer, or employee of the Contractor is a director, officer, or employee of the City of 14 June 2017 Vemon, or a member of any of its boards, commissions, or committees, except to the extent permitted by law. 10.22 HEADINGS. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are nol intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 10.23 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours tabor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contraclors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1% times the basic rate of pay. 10.24 LIVING WAGES Contractor, and any Subcontraclo(s), shatl comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D". Upon the City's request, certified payroll records shall promptly be provided to the City. 10.25 EQUALEMPLOYMENTOPPORTUNITYPRACTICES. Contractor certifies and represents that, during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maantain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "E". June 2017 lsignatures Begin on Next Pagel. tb June 2017 lN WITNESS WHEREOF, the Parties have signed this Agreement as of the Commencement Date stated on the cover page. City of Vernon, a California charter City [CONTRACTOR'S NAME, a [State and California municipal corporation incorporated inl corporation Carlos Fandino, City Administrator Maria E. Ayala, Caty Clerk APPROVED AS TO FORM: Hema Patel, City Attorney By: Name: Title: By: Name: Title: 17 June 2017 EXHIBIT A REQUEST FOR PROPOSALS 18 June 2017 EXHIBIT B PROPOSAL 19 Jene 2017 EXHIBIT C SCHEDULE 20 June 2017 EXHIBIT D LIVING WAGE PROVISIONS Uldpsutlybg]Ivercs: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $1 1.55 per hour without health benefits. Paid and Unoaid Davs Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. 21 June 2017 B EXHIBIT E EQUAL EMPLOYMENT OPPORTUNIry PRACTICES PROVISIONS Contractor certifies and represents that, during the performance ofthis Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any s€regated facilities. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behatf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. Nothing contained in this Agreement shall be construed in any manner as to require or permit any ac1 which is prohibited by law. D E 22 June 20'17 REC = IVED FEB 2 E 2OI8 CITY CLERt('S OIFICE REGEBVED FEB 2 7 zOIE STAFF RBPORT llliY A D r,ri I r'l I STRATI0 N PUBLIC woRKS DEPARTMENT Cf Z_21-tg DATE: TO: FROM: RE: March 6,2018 Honorable Mayor and City Council /--\ IDaniel S. Wall. Director of Public Works Departm "4 : lA1Originator: Felix Velasco, Associate Engineer - - A Resolution Accepting the FY 2Ol7-lB Caltrans Sustainable Transportation Planning Grant Recommendations A. Find that the acceptance of the Caltrans Sustainable Transportarion Planning Grant iscategorically exempt under the california Environmental euality Act (-cEeA') in accordance with Section 15306, because grant funds would be used solely for data collection, research, and preparation of a study / plan, which will not result in a serious or major disturbance to any environmental resource and which will not commit the City to any project; and B. Adopt a resolution accepting the Caltrans Sustainable Transponation Planning Grant for the preparation of the Vernon LA River Path Active Transponation Access Plan (LA R1VER ATAP) and authorizing the City Administrator to enter into a Restricted Grant Agreemenr with Caltrans for the grant amount of 9210,800. Backgmund On December 15,2017 , the City was awarded a grant of State funds from the Califomia Departmentof Transportation ("Caltrans") Sustainable Transportation Planning Grant Program. With Fundingin place at the state level to design and construct a new 8-mile gap closure ofthe LA River, including a 3-mile segment of the LA River Path through Vernon, this grant will provide the funding neededto study the east-west connections through the City of Vernon to establish a cross-town activetransportation network that will connect to the river path to transit stops and employment centers inVemon. It is anticipated that creating convenient and safe options for active traniportation will helpVemon residents, cofilmuters, and those in nearby communities incorporate mori physical activityinto their daily rourines. Page I of 2 As a condition of grant acceptance, the city is required to provide caltrans a resolution stating the grant project titteLa dtle ;f the person iuthorized to enter into a contract with Caltrans' The iontracting process will commence upon adoption of the proposed resolution' Fiscal Impact The city of vernon was awarded a grant for the amount of $210,800 in State funding from the Caltrani Sustainabl Grant Program to prepare the Vemon LA River Path Active Transportati ATAP). The city was required to- allocate $37,200 of local funds to meet . The matching fimds will be budgeted for in the FY 2018-19. Attachments l. A Resolution accepting funds from the caltrans Sustainable Transportation Planning Grant Program. 2. Caltrans Sustainable Transportation Planning Grant award letter' Page2 of2 STATE OF CAUFORNIA{ALIFORNIA STATE TRANSPO RTATION AGENCY EDMLIND G BROWN TT. C-Emr DEPARTMENT OF TRANSPORTATION DTVISION OF TMNSPORTATION PI^ANNINC P.O. BOX 912t73, M932 SACRAMENTO, CA 94273{001 PHONE (916) 6S2596 FAX (916) 6534@rTry 7II www'dot.ca.goY lla*hg buenotton o Colfonla Yrr of lie Decernber 15,2017 Mr, Daniel Wall Director of Public Works City of Vernon 4305 S. Santa Fe Ave,nue Vernon, CA 90058 Dear Mr. Wall: On behalf of the Califomia Department of Transportation (Calhans), Division of Trarsportation Planning I am pleased to offer my congratulations to the City of Vemon for the recent award of the following State transportation planning grant for fiscal year (Ff) 2017-18: Grant Procram: Road Maintenance & Rehabilitation Account - Sustainable Communities Grant Title: Vernon LA River Path Active Transpodation Access PIan Grant Award: $210,800 Local Match: $37200 Total Project Amount: $248,000 Please see the list below which identifies specific mnditions for a graotee to accePt grant funding, to program finrds, and to begin work. Conditions one through five must be fulfilled no later than January 12, 2018 by submitting these items to Caltrans District staff for appoval. Failure to firlfill these conditions will result in forfeiture of firnds. Also note, final products must be completed and submitted to Calhans. no later than February 28, 2020. Final rcquests for reimbursements must be submitted to Caltram no later than April 28,2020. Conditions of Grant Acceptance These State grant funds cannot be expended or reimbr:rsed until the following conditions are satisfied: 1. Submit past due Annual Progress Report(s) required by Government Code Section 65400 to the Department of Housing and Community Development. 2. The revised final Scope of Work, Project Timeline witlr the earliest start date of May I 2018, and Grart Application Cover Sheet are submitted to Calhans District 7 for approval. "Pmyida o sala, su,rulna e, intcgmted ud afrcienl lrdtspododon tl8Ei, ao erhaice CnliJornio't acorornt and lieabiliq" Mr. Daniel Wall December 15, 2017 Page2 3. A Payee Data Record (STD. 204) is completed and submitted. Although the form indicates that govemmmt entities are not required to submit this form, it is needed to ensure payments are sent to the correct recipient. 4. lf applicable, a Third Party In-kind Valuation Plan is submittcd for the use of in-kind contributions to satisfr 0re minimum local match requirement. Third party in-kind contributions are goods and services donated from outside the grantee's agency, such as donated printing, facilities, interpreters, equipment, advertising time and effort, staff time, and other goods and services. 5. If applicable, indirect costs must have been identified in the approvcd grant Scope of Work and project timeline. 6. A local resolution from the City of Vernon governing board stating the grant project title and title of Ore person authorized to enter into a contract with Caltrans must be provided no later than February 22,2018. 7. The City of Vernon receives a fully executed contract and has been formally notified by Caltrans District staff to begin work. The contracting process can begin once the first six conditions have been satisfied. For your ,convenience, a toolbox to aid you during this process is available on our website below: A Quarterly Progress Report with a brief nanative of completed project activities will need to be submitted to the disrict gnnt manager once the project is under way. Request for reimbursernent with the required minimum local match can be submitted monthly, but must be submitted quarterly. Please contact Charles Lau, in Caltrans District 7, at (213) 897-0197, or Alison Nealon, Headquarters Liaison, at (916) 651-8202 ifyou have any questions conceming these grant funds or program requirernents. Chief, Office of Regional Planning "Prcr'ide a sofa, susloinoble. i lag$led and elicieDt tunrpoddtiott slttan to.nhonce Calilo id's aconodv dnd livobilitv THOMPSON Mr. Daniel Wall December 15,2017 Page 3 c: Felix Velasm, Associate Bngineer, City of Vernon Linda Tair4 Senior Transportation Plarmer, Caltsans, Distrid 7 Charles t^ar1 Associate Transportation Planner, Caltrans, Dishict 7 Alison Nealon, Transportation Planner, Calhans, Headquarters "Provida d 1ofa, tutldlnoble, lnlegrdld dad dkie no"tptulb| tyct.//st to oth@tc. &lifonid't eo@Dt), orl litubillty" RESOLUTION NO. A RESOLUTION OF THE CITY COI'NCIL OF THE CITY OF VERNON AUTHORIZ TNG THE CITY ADMINISTRATOR TO EXEqITE A RESTRICTED GRANT AGREEMENT WITH THE STATE OF CAIIFORNIA, ACTING BY AND THROUGH THE DEPARTI4ENT OF TRANSPORTATION, TO ACCEPT AN FY 2017-18 CAITRANS SUSTAINABLE TRANSPORTATION PI,ANNING GRANT FOR THE PREPARATION OF THE VERNON I,A RIVER PATH ACTIVE TRANSPORTATTON ACCESS PI,AN (I,A RIVER ATAP) WHEREAS, on December 15, 20f7, the city of vernon (!he "City") was awarded a Sustainable Transportation Planning Grant (the \rcrant/ ) from Ehe statse of California, acting through the California Department of Transportation ("Ca1trans" ) , for tshe purpose of preparing tshe Vernon LA River Path Active Transportsation Access Plan ("LA RIVER ATAP" ) ,. ANd WHEREAS, the Grants will provide the funding needed to sEudy tshe east-west connections through tshe City to poE.entially establish a cross-town active cransportation necwork that will connect to the river patsh to transit stsops and emplolment centers in Vernon; and WHEREAS, acceptance of the Grant is condieioned on, among other things, the City's allocation of $37,200 of 1oca1 maEching fulds; and WHEREAS, the City int.ends to reflect Ehe allocatj.on of such matching funds in its FY 201-8-l-9 budget and will consider that allocaEion at the appropriate time; and WHEREAS, by memo dated March 6, 2078, Ehe Directsor of Public works has recommended thats tshe CiEy Council of the City of Vernon accept the GranE for the preparatsion of the LA RIVER ATAP and auchorize the City AdminiEtrator tso enter into a Restsricted Grant Agreements with Caltrans for uhe Grant amounts of $210,800.00; and WHEREAS, the City Council- desires to approve and authorize the execution of the Agreement in order E.o receive Grant funding in Ehe amount of $210,800. 00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTIoN 1: The City Council of Ehe City of Vernon hereby finds and deEermines t.haE Ehe above recitals are true and correcE. SECTION 2: The Cit.y Council of tshe City of Vernon finds tshat Ehis acE.ion is caEegorically exempts under tshe California Environmental Quality AcE (CEOA) , in accordance with section 15305, because grant funds would be used so1e1y for data collection, research, and preparation of a study / plan, which will not result in a serious or major disEurbance to any environmental resource and which will nots commit the City to any project. SECTION 3: The City Council- of tshe city of vernon hereby authorizes the City AdministraEor tso execute a RestricEed Grant Agreement wieh caltrans, which agreement shaII be provided to Ehe City upon passage of this Resolution. SECTIoN 4: The City Council of the Citsy of vernon hereby authorizes the City Adminiscrator to execute said agreement for, and on behalf of, the City of vernon and the cicy Clerk, is hereby authorized to attsests lhereto, wiEhout further City Council approval . SECTION 5: The City Council- of lhe City of Vernon hereby instructs the City Administsratsor, or his designee, to tsake whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of Ehis Resolution and the transactions herein approved or auEhorized. SECTION 5: The City Council of t.he City of Vernon hereby directs the City clerk, or the City clerk's designee, to send a fully executed Agreements to Cal-trans. SECTION 7: The Citsy Clerk of the City of Vernon sha11 certsify tso the passage, approval and adoption of this resolution, and tshe city C1erk, of the CiEy of vernon sha1l cause this resofution and t.he city clerk's certificaEion to be entered in lhe File of Resolutions of the Council of this City. APPROVED AND ADOPTED Ehis 5th day of March, 2018. Name : Tit.Ie: Mayor / Mayor Pro-Tem ATTEST: Maria E. Aya1a, Citsy Clerk APPROVED AS TO FORM: Brian Byun, Senior Deputy city Attorney 3 STATE OF CALIFORNIA )) ss COI'NTY OF LOS ANGELES ) I, Maria E. Aya1a, CiE.y cterk of Ehe Citsy of Vernon, do hereby cerEify that Ehe foregoing Resolution, being ResoluEion No. was duly passed, approved and adopted by the ciEy Council of the City of Vernon at a regular meeting of che Cit,y council duly held on Tuesday, March 5, 2018, and EhereafEer was duly signed by che Mayor or Mayor Pro-Tem of the City of vernon. ExecuEed Ehis day of March, 201-8, at vernon, California. Maria E. Aya1a, City Clerk (SEAL) 4 v ~ ~~ ~ CiiV A~~i1i~~S1RAT10~ ~~A R 01 2 018 ~~tr ~~~ ,.~„ --~ b ~~rY ~ STAFF REPORT ~- ~ C~ERKSOFFIC~ PUBLIC WORKS DEPARTMENT End DATE: March 6, 2018 TO: Honorable Mayor and City Council FROM: Daniel S. Wall, Director of Public Works Department Originator: Felix Velasco, Associate Engineer ~~ RE: Contract Award for City Contract No. CS-0849: Remodel of 4321 & 4325 Furlong Place Recommendations A. Find that the proposed Capital Improvement Project is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301, Existing Facilities, part (a), because the project is merely to make interior or exterior alterations involving partitions, plumbing, and electrical conveyances; and B. Accept the bid of Song N Sons General Construction, Inc. as the lowest responsive and responsible bidder for the renovation of two City-owned single family units located at 4321 Furlong Place and 4325 Furlong Place and reject all other bids; and C. Approve and authorize the City Administrator to execute a contract (No. CS-0849) in the amount of $262,580 for the renovation of two City-owned single family units for a period not to exceed 120 calendar days; and D. Authorize a contingency of $30,000 in the event of an unexpected changed condition in the project and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount, if necessary. Background The renovation of these City owned housing units is part of the five-year Capital Improvement Plan to improve existing city building facilities. The proposed project will consist of refurbishing and remodeling of approximately 2,600 square feet of residential space in the City owned single family units located at 4321 Furlong Place and 4325 Furlong Place. On January 10, 2018, the Public Works Department advertised the notice inviting sealed, Page 1 of 2 competitive bids for the renovations of the single family units located at 4321 Furlong Place and 4325 Furlong Place. The notice inviting bids was posted on the City's website and published in the Vernon Sun newspaper, and was also advertised in the following construction related websites: Bid America, Bidboard Construction Contract Advertising, McGraw-Hill Construction, Reed Construction Data and Bid Clerk. The bid specifications were published along with the City's standard contract template which includes terms and conditions that have been approved by the City Council. The bids for Contract No. CS-0849, Remodel of4321 & 4325 Furlong Place, were received and opened on February 5, 2018. The calculated bid results were as follows: 1. Song N Sons General Construction, Inc. $ 262,580.00 2. Built All $ 343,140.63 3. Fasone Construction $ 586,707.17 The contact between the City of Vernon and Song N Sons General Construction, Inc. has been reviewed and approved as to form by the City Attorney's office. Fiscal Impact An amount of $300,000 has been budgeted in Fiscal Year 2017-2018 to remodel two single family units. The low bid amount of $262,580, plus the contingency of $30,000, is within the budgeted amount. Therefore, sufficient funds are available to cover the cost of this project. Attachments 1. CS-0849 Remodel of 4321 & 4325 Furlong Place Agreement. Page 2 of 2 STANDARD FORM OF CONSTRUCTION CONTRACT BETWEEN CITY AND CONTRACTOR This Agreement is made and entered into at Vernon, California this _day of , 20 , by and between the CITY OF VERNON, a chartered municipal corporation (hereinafter "City") and Song N Sons General Construction, Inc. a California corporation (hereinafter "Contractor"), for construction of Remodel of 4321 & 4325 Furlong Place. 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, with the same force and effect as if set forth at length herein: A. Governmental Approvals including, but not limited to, permits required for the Work B. This Agreement C. Exhibit A —General Conditions D. Exhibit 1 —Performance Bond E. Exhibit B —Special Provisions Specific for this Project F. Exhibit C —Living Wage Provisions G. Exhibit D —Equal Employment Opportunity Practices Provisions H. Notice Inviting Bids; I. Instructions to Bidders; J. Bid Forms; K. Designation of Subcontractors; and L. Bidding Addenda Nos. _NIA_. 2. REFERENCE DOCUMENTS The following Reference Documents are not considered Contract Documents and were provided to the Contractor for informational purposes. Contractor may rely upon the technical data contained in such documents but not upon non- technical data, interpretations, opinions or provisional statements contained therein: A. Lead and Asbestos Reports 3. SCOPE OF WORK Within the Contract Time and for the stated Contract Sum, subject to adjustments thereto, and pursuant to the Contract Documents, the Contractor shall perform and provide ali necessary: labor; services; supervision; materials; tools; equipment; apparatus; facilities; supplies; tools; permits, inspections, plan checks, and similar Governmental Approvals; temporary utilities; utility connections; and transportation necessary to complete the Work in strict conformity with the Contract Documents for: Remodel of 4321 & 4325 Furlong Place Contract No. CS-0849 4. TIME FOR PERFORMANCE Contract Time. Contractor shall achieve Substantial Completion of the Work within 120 calendar days from the Date of Commencement established in City's written Notice to Proceed ("Contract Time"), subject to adjustment in accordance with the Contract Documents. Contractor shall achieve Final Completion of the Work, within the time established by the Certificate of Substantial Completion issued by the City. The Contract Time may only be adjusted as permitted by this Construction Contract and the General Conditions. Time is of the essence of this Agreement. Except when the Contract Documents state otherwise, time is of the essence in the performance of the Work. Contractor acknowledges that the time limits and deadlines set forth in the Contract Documents are reasonable for Contractor to perform and complete the Work. Liquidated Damages. If Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time for Substantial Completion, Contractor shall pay City as liquidated damages the amount of fifteen hundred dollars ($1,500) per day for each calendar day occurring after the expiration of the Contract Time for Substantial Completion until Contractor achieves Substantial Completion of the entire Work, as required by Article 3 of the General Conditions of Contract. Contractor Initial here: 5. CONTRACT SUM In consideration of the Contractor's full, complete, timely, and faithful performance of the Work required by the Contract Documents, City shall pay Contractor the sum of two hundred and sixty-two thousand and five hundred and eighty dollars/no cents ($262,580), payable as set forth in the General Conditions ("Contract Sum"). IN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and year first above written. Executed at ,California. [Contractor's Corporate Seal] CITY OF VERNON: By: _ Name. Title: Date: ATTEST. By. Name: Title: [Contractor]: By: Printed Name: Title: Date: An Authorized Signatory APPROVED AS TO FORM: By: Name: Title: CONTRACTOR'S SIGNATURE MUST BE NOTARIZED EXHIBITA GENERAL CONDITIONS ARTICLE 1 -PRELIMINARY PROVISIONS 1.01 DEFINITIONS The following words shall have the following meanings: A. Allowance. Aline item cost estimate established by the City to be carried in the Base Bid sum, Contract Sum, and Schedule of Values for Payment for a particular item of Work, which cannot be sufficiently defined so as to allow the Contractor to adequately determine fair value before the Bid Deadline. Allowances include estimated amounts established by the City for certain construction elements that have not yet been fully designed or authorized for inclusion in the Work or to permit deferred approval or selection of actual materials and equipment to a later date when additional information is available for evaluation. B. As-Builts. The documents prepared by Contractor showing the condition of the Work as actually built, including, without limitation, all changes and the exact locations of all mechanical, electrical, plumbing, HVAC or other portions of the Work that are shown diagrammatically in the Contract Documents. C. Base Bid. The 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.g. not designated as part of a Bid Alternate). D. Bid. A complete and properly executed offer by the Bidder on City-prescribed forms to perform the Work for the prices stated in response to the Notice Inviting Bids. E. Bid Alternate. An item of Work described in the Contract Documents as an Alternate Bid that will be added to or deducted from the Base Bid and the Contractor's responsibility only if the City accepts the Bid Alternate. Bid Forms: The City-prescribed forms which the Bidder shall complete and use to submit a Bid. The Bid Forms include: (1) Bidder's Proposal; (2) Schedule of Bid Prices; (3) Incumbency Certificate; (4) Bid Bond; (5) Bidder's Statement of Qualifications; (6) Experience Form; (7) Trades Experience Form; (8) Contractor Safety Questionnaire; (9) Designation of Subcontractors; (10) Affidavit of Non- Collusion; (11) Insurance Requirements Affidavit; and (12) forms included in the Specification required by the type of project funding (e.g, federal, ARRA, HUD, etc.). G. Bidder. The individual, partnership, firm, corporation, joint venture or other legal entity submitting a bid on these Contract Documents or any part thereof. H. Bidding Documents. Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of: (1) Notice Inviting Bids; (2) Instructions to Bidders; and (3) Bid Forms. The proposed Contract Documents consist of: (1) the Bidding Requirements; (2) the Construction Contract Between City and Contractor; (3) the Conditions of the Contract (General, Supplementary, and Special, if applicable); (4) all Exhibits to the Contract; (5) the Drawings; (6) the Specifications; (7) all Addenda issued prior to the execution of the Construction Contract; (8) all Modifications issued after the execution of the Construction Contract; and (9) Governmental Approvals, if any, including but not limited to, permits. Change Order. A Change Order is a written document prepared by the City reflecting the agreement between the City and Contractor for: a change in the terms or conditions of the Contract, if any; a specific Scope Change in the Work; the amount of the adjustment, if any, in the Contract Sum; and the extent of the adjustment, if any, in the Contract Time. Change Order Request (COR). A Change Order Request is a written document originated by the Contractor, which describes an instruction issued by the City after the effective date of the Contract, which Contractor believes to be a scope change that may result in changes to the Contract Sum or Contract Time or, which describes the need for or desirability of a change in the Work proposed by Contractor. K. City or Owner. The City of Vernon, California, acting through its City Council or other City officials authorized to act for the City, acting in its proprietary rather than regulatory capacity in connection with the Project. Construction Change Directive. A written order prepared and signed by the City directing a change in Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. M. Contract Documents. The Contract Documents are enumerated in the Construction Contract between City and Contractor and consist of: (1) the Bidding Requirements; (2) the Construction Contract; (3) the Conditions of the Contract (General, Supplementary, and Special, if applicable); (4) all Exhibits to the Contract; (5) the Drawings; (6) the Specifications; (7) all Addenda issued prior to the execution of the Contract; (8) all Modifications issued after the execution of the Contract; and (9) Governmental Approvals, including, but not limited to, permits. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as 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, N. Contract. The Contract Documents form the Contract for Construction. The Contract Represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified on by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor. There shall be no third party beneficiaries of the Contract Documents. 0. Contract Sum. The total amount of compensation stated in the Construction Contract that is payable to Contractor for the complete performance of the Work in accordance with the Contract Documents. P. Contract Time. The total number of days set forth in the Construction Contact within which Substantial Completion of the Work must be achieved beginning with the Date of Commencement established in the Notice to Proceed, subject to adjustments in accordance with the terms of the Contract Documents. The Contract Time for Contractor's performance of the Work is measured in calendar days (not work days). Q. Contractor. The individual, partnership, firm, corporation, joint venture or other legal entity with whom the Contract is made by City, or the agent or legal representative who may be appointed to represent such individual, partnership, firm, corporation, joint venture or other legal entity in the execution of the Contract as general contractor for construction of the Work. R. Correction Period. Correction Period is synonymous with the terms of the correction guarantee period used in the Contract Documents. S. Date of Commencement. The date for commencement of the Work fixed by City in a Notice to Proceed to Contractor. T. Day. The terms "day" or "days" mean calendar days unless otherwise specifically designated in the Contract Documents. The term "Work Day" or "Working Day" shall mean any calendar day except Saturdays, Sundays and City-recognized legal holidays. City Holidays are as follows: 1. January 1st -New Year's Day 2. The 3rd Monday inJanuary —Martin Luther King, Jr. Day 3. The 3rd Monday in February —Presidents Day 4, March 31st —Cesar Chavez Day 5. The last Monday in May —Memorial Day 6. July 4th —Independence Day 7. The first Monday in September —Labor Day 8. The second Monday in October —Columbus Day 9. November 11th —Veterans Day 10. The 4th Thursday in November —Thanksgiving Day 11. December 24th —Christmas Eve 12. December 25th —Christmas Day 13. December 31st —New Year's Eve U. Director. The Director of the Public Works Department of the City of Vernon or his/her duly appointed representative. V. 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. W. Extra Work. New or unforeseen work will be classified as Extra Work when determined by the City that the work is not described in, or reasonably inferable from, the Contract Documents, the work is not covered by any Bid line item or Allowance, and the work causes Contractor to incur additional and unforeseen costs. X. Field Directive. See, "Work Directive." Y. Final Completion. Final Completion is the stage of performance of the Work when (1) all Work required by the Contract Documents has been fully completed in compliance with the Contract Documents and all applicable laws including, but not limited to, correction or completion of all punch list items noted by City upon Substantial Completion; (2) Contractor has delivered to City an Application for Final Payment and all closeout documentation required by the Contract Documents; and (3) documentation of all final Governmental Approvals has been submitted to City including, but not limited to a final Certificate of Occupancy or equivalent Building Department sign-off has been issued covering the entire Project site without exception or conditions. Z. Force Majeure. "Force Majeure" includes but is not limited to declared or undeclared war, sabotage, insurrection, riot, or other acts of civil disobedience, labor disputes, fires, explosions, floods, earthquakes or other acts of God. AA. Fragnet. The sequence of new activities that are proposed to be added to an existing schedule. BB. Governmental Approval. Any approval, authorization, inspection, certification, consent, exemption, filing, permit, registration, plan check, ruling or similar authorization required by any federal, state or local law, regulation or procedures in order for Contractor to perform the Work. CC. Guarantee. Assurance to City by Contractor or product manufacturer or other specified party, as guarantor, that the specified warranty will be fulfilled by the guarantor in the event of default by the warrantor. DD. Modification. A Modification is: (1) a written amendment to Contract signed by both parties; (2) a Change Order; or (3) a Construction Change Directive. EE. Notice to Proceed. The Notice to Proceed is a document issued by the City fixing the date for Commencement for the Work. FF. Parties. The City and Contractor may be referred to in the Contract Documents from time to time as the Parties. GG, Governmental Approvals and Utility Fees as required by any agency to be paid by the City of Vernon. HH, Not a part of this contract. II. Project. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the City or by separate contractors. JJ. Project Manual/Contract Package. The volumes of Contract Documents and reference documents assembled for the Work made available to Bidders. KK, Record Documents. The Drawings, Specifications, addenda, requests for information, bulletins, Change Orders and other modifications to the Contract Documents, approved shop drawings, product data, samples, mock-ups, permits, inspection reports, test results, daily logs, schedules, subcontracts, and purchase orders. Records Documents shall include a set of "As-Built" Drawings and Specifications, which shall be continuously updated during the prosecution of the Work. LL. Site. The physical area designated in the Contract Documents for Contractor's performance of the Work. MM. Specifications. The Specifications are the volumes) assembled for the Work that includes, without limitation, the Bidding Documents, the Construction Contract and Exhibits, the General Conditions, Supplementary and/or Special Conditions, if any, the "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2012 Edition), the Standard Plans for Public Works Construction (2009 Edition), State of California, Department of Transportation Standard Plans and Standard Specifications (2010 Edition), and the City of Vernon Standard Plans. NN. Specifications. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards, and workmanship for the Work and performance of related services, including, but not limited to, the Project Technical Specifications, Standard Specifications, if any, and any applicable Trade Association Specifications. 00. Substantial Completion, Substantial Completion is defined to mean the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents as determined by the City so that the City can occupy and utilize the Work for its intended use and as further defined in the Contract Documents. PP. Unilateral Change Order. See "Work Directive." QQ. Utility Fees. The fees charged by any public, private, cooperative, municipal and/or government line, facility or system used for the carriage, transmission and/or distribution of cable television, electric power, telephone, water, gas, oil, petroleum, steam, chemicals, sewage, storm water or similar commodity including, but not limited to fees for temporary utilities and refuse hauling. RR. Warranty. Assurance to City by contractor, installer, supplier, manufacturer or other party responsible as warrantor, for the quantity, quality, performance and other representations of a product, system service of the Work. SS. Work. The term "Work" means the construction and other services required by, and reasonably inferable from the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations, The Work may constitute the whole or a part of the Project. TT. Work Directive. A Work Directive is a unilateral written order issued by the City directing Contractor to continue performance of the Work or to perform a disputed change in the Work prior to agreement or adjustment, if any, in the Contract Sum, Contract Time, or both. 1.02 REPRESENTATIVES A. The Director shall be the representative of the City and, except as otherwise expressly provided herein, shall make ali 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. Instructions and information given by the Director to the Contractor's agent on the Work shall be considered as having been given to the Contractor. 1.03 PERMITS, INSPECTIONS, PLAN CHECKS, AND SIMILAR GOVERNMENTAL APPROVALS AND UTILITIES A. City of Vernon shall obtain all Governmental Approvals and Utility Fees required for the construction of the project. B. Contractor shall obtain a no-fee building, electrical and plumbing permit from the City of Vernon's Public Works Department. C. All documents evidencing Contractor's satisfaction with all Governmental Approvals and Utility Fees must be submitted to the City prior to submission of the Application for Final Payment. D. Where requirements of the Governmental Approvals differ from those of the Drawings and Specifications, the more stringent requirements shall apply. E. Unless otherwise specified in the Contract Documents, Contractor shall be responsible for payments of all Utility Fees from the Date of Commencement until City's Final Acceptance of the Work. 1.04 LICENSES The Contractor shall apply for, obtain, and pay for all licenses required by governing authorities for the Work. Contractor shall apply and pay for a City of Vernon business license, 1.05 ALLOWANCES A. Contractor shall include in the Contract Sum and Schedule of Values for Payment, the City's estimated cost established for each Work item covered by an Allowance stated in the Contract Documents. See Paragraph 1.01 for definition of Allowance. B. The line item cost estimate established by the City for Work covered by an Allowance includes the cost to Contractor of: all materials and equipment, preparation of submittals; labor; transportation; delivery; handling; installation; supervision; overhead; profit; licenses; bonds; insurance; all sales, use and other taxes legally chargeable; and all other costs and expenses incidental to such Work. C. Work items covered by Allowances shall be supplied with such materials and equipment and for such prices approved in advance by City. Contractor shall notify and request City's approval of material equipment, and pricing information for Work covered by an Allowance before ordering the material or equipment and in sufficient time to avoid delay to the Work. City shall provide approval of materials, equipment, and prices with reasonable promptness. The material, equipment, and pricing information submitted by the Contractor to the City's Project Manager shall, at a minimum, include product data and detailed costs of material, equipment, and labor to complete such Work, itemized by costs incurred by Contractor and each subcontractor associated with the performance of such Work. Contractor shall not order materials or equipment or proceed with Work covered by an Allowance until the material, equipment, and pricing information for such Work items have been submitted to the City's Project Representative for review and the Contractor has received City's approval to proceed with a Work item covered by an Allowance. D. All expenditures for Allowance Work shall be separately itemized in each Application for Payment. E. To the extent that the cost of Work items covered by an Allowance is less than the Allowance cost estimate established by the City, the Contact Sum shall be reduced by Change Order or Construction Change Directive to reflect the actual cost of the Allowance item. Similarly, to the extent the cost of Work items covered by an Allowance is greater than the Allowance cost estimate, the Contract Sum shall be increased by Change Order or Construction Change Directive to reflect the actual cost of the Allowance item. If 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. 1.06 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. 1.07 DATA TO BE FURNISHED BY THE CONTRACTOR The Contractor shall furnish the Director with such information as the Director may desire respecting the character of the materials and the progress and manner of the Work, including all information necessary to determine the Contractor's costs, such as the number of persons employed, their pay, the time during which they worked on the various classes of construction, and other pertinent data. 1.08 CONTRACT DRAWINGS The City will accept no responsibility for errors resulting from misinterpretation orscaling of the Drawings. 1.09 SPECIFICATIONS AND DRAWINGS A. The Contractor shall keep on the Work Site a copy of all Specifications, Drawings, and Change Orders pertaining to the Work and shall at all times give the Director access thereto. Anything mentioned in the Specifications and not shown on the Drawings or shown on the Drawings and not mentioned in the Specifications shall be of like effect as though shown or mentioned in both. B. In general, the Drawings will show dimensions, positions, and kind of construction; and the Specifications will define materials, quality, and standards. Any Work not particularly detailed, marked or specified, shall be the same as similar parts that are detailed, marked or specified. C. The Drawings shall not be scaled to determine dimensions, and in all cases shall be calculated from figures shown on the Drawings. Any discrepancies between scale and figured dimensions, not marked "not to scale," must be brought to the Director's attention before proceeding with the Work affected by the discrepancy. D. Omissions from the Drawings and/or Specifications shall not relieve the Contractor from the responsibility of furnishing, making, or installing all items required by law or code, or usually furnished, made or installed in a project of the scope and general character indicated by the Drawings and Specifications. E. For convenience, the Drawings and Specifications may be arranged in various trade subparagraphs, but such segregation shall not be considered as limiting the Work of any subcontract or trade. The Contractor shall be solely responsible for all subcontract arrangements of the Work regardless of the location or provision in the Drawings and Specifications. The City will furnish free of charge to the Contractor, a maximum of six (6) sets of Contract Drawings and Specifications. The Contractor shall pay for the costs of any additional sets or portions thereof. The Contractor shall be responsible to see that all sets are the same as the up-to-date approved set. 1.10 PRECEDENCE OF CONTRACT DOCUMENTS A. In the event of conflict between any of the Contract Documents, the provisions placing a more stringent requirement on the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials unless otherwise directed by City in writing. In the event none of the Contract Documents place a more stringent requirement or greater burden on the Contractor, the controlling provision shall be that which is found in the document with higher precedence in accordance with the following order of precedence: 1. Governmental Approvals including, but not limited to, permits required for the Work Modifications issued after execution of the Contract (including modifications to Drawings and Specifications) The Contract, including all exhibits, attachments, appendices and Addenda, with later Addenda having precedence over earlier Addenda 4. Special Conditions, if any General Conditions 6. Specifications 7. Drawings 8. Bidding Requirements B. With reference to the Drawings, the order of precedence is as follows: 1. Change Order Drawings 2. Addenda Drawings 3. Contract Drawings 4. Project Drawings 5. Standard Drawings 6. Detail Drawings 7. General Drawings 8. Figures 9. Scaled dimensions C. Within the Specifications, the order of precedence is as follows: 1. Change Orders 2. Special Conditions 3. Project Technical Specifications 4. Standard Specifications, if any 5. Applicable Trade Association Specifications 1.11 NOTICE OF CONFLICTS If 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. If the correction associated with a conflict, error or omission increases or decreases the amount of Work called for in the Contract, the City shall issue an appropriate Change Order in accordance with the Contract Documents. After discovery of an error or omission by the Contractor, any related additional work performed by the Contractor shall be done at the Contractor's risk unless authorized by the Director. 1.12 REPORTS A. Daily Construction Reports: The Contractor shall prepare a daily construction report recording the following information concerning events at Project site: 1. List of Subcontractors at Project site. 2. List of other contractors at Project site. 3. Approximate count of personnel at Project site. 4. Equipment at Project site. 5. Material deliveries. 6. High and low temperatures and general weather conditions, including presence of rain or snow. 7. Accidents. 8. Meetings and significant decisions. 9. Unusual events. 10. Stoppages, delays, shortages, and losses. 11. Meter readings and similar recordings. 12. Emergency procedures. 13. Orders and requests of authorities having jurisdiction. 14. Change Orders received and implemented. 15. Construction Change Directives received and implemented. 16. Services connected and disconnected. 17. Equipment or system tests and startups. 18. Partial completions and occupancies. 19. Substantial Completions authorized. 20. List of visitors to Project Site. 21, List of personnel at Project Site including names and job classifications. 22. Description of Work for the day including locations, quantities and related bid items. Immediately upon discovery of a difference between field conditions and the Contract Documents, the Contractor shall prepare and submit a detailed report through a Request for Information (RFI). Include a detailed description of the differing conditions, together with recommendations for a remedy. The Daily Construction Report must be: signed by Contractor's Superintendent, submitted within 24 hours (next Working Day) to the Director, and shall be made available to others as directed by City. 1.13 LINES, GRADES, AND MEASUREMENTS A. All lines and grades will be established by the Contractor. The Contractors shall carefully preserve all survey stakes and reference points as far as possible. Should any stakes or points be removed or destroyed unnecessarily by any act of the Contractor orhis/her employees, they must be reset to the satisfaction of the Director, at the Contractor's expense. B. The Contractor shall inform the Director 48 hours (two Work Days) in advance of the times and places at which helshe intends to Work in order that inspection may be provided, and that necessary measurements for records and payments may be made with minimum inconvenience. C. No direct payment will be made for the cost to the Contractor of any of the Work or delay occasioned by giving lines and grades, by making other necessary measurements, or by inspection. ~~iL~:~[~I:~tiT~~i~ A. The site for the installation of equipment or the right of way for the Work to be constructed under this Contract will be provided by the City. B. The City will provide the appropriate rights of way and property for pipelines and structures. Upon approval by the Director, the Contractor may, without cost, use portions of any of the City's rights of way or property which may be suitable for working space and for storage of equipment and materials, The Contractor will be held responsible for any damage to structures, streets, and roads, trees and landscaping, and for any damage that may result from his/her use of City property. C. Incase areas additional to those available on the City's rights of way or property are required by the Contractor for his/her operations, he/she shall make arrangements with the property owners for the use of such additional areas at his/her own expense. 1.15 CONTRACTOR'S OPERATIONS/STORAGE YARD In the event the Contractor requires space for the storage and/or staging of construction materials, supplies, equipment, stockpiling of debris, or any other needs required for construction operations, he/she shall acquire at his/her own expense such areas as he/she may desire. For properties within the City of Vernon, the staging area must be enclosed at Contractor's expense with construction fencing covered with a mesh screen to limit visibility to the site. Private property used for storage of construction material or debris shall be restored to a legal condition with regard to appearance and maintenance upon conclusion of the project. Property should be graded and free of weeds and debris when project is completed. [END OF ARTICLE] ARTICLE 2 - PE~~~RMA~I~E OF THE WORK 2.01 PERFORMANCE OF WORK -GENERAL Contractor shall, at its own cost and expense, furnish all necessary materials, labor, transportation, and equipment for doing and performing said Work and the materials used shall comply with the requirements of the Contract Documents. All Work shall be performed and completed as required in the Contract Documents, and subject to the approval of the Director, or his/her designated assistant. 2.02 NO ASSIGNMENT OR DELEGATION Contractor shall not assign or delegate the duties or obligations under this Contract orhis/her interest therein in whole or in part without the prior written consent of the City which may be withheld at the City's sole discretion. 2.03 STANDARD OF PERFORMANCE Contractor agrees that all services performed hereunder shall be provided in a manner commensurate with the highest professional standards and shall be performed by qualified and experienced personnel; that any Work performed by Contractor under the Contract will be performed in the best manner; that any material furnished shall be subject to the approval of the Director; and that both Work and materials will meet fully the requirements of the Contract Documents. Any work deemed unacceptable by the Director, whether a cause is determined or not shall be repaired or replaced by Contractor at Contractor's expense. The Contractor shall be responsible for the final product and shall make any quality control, adjustments and corrections necessary to obtain the final product accepted by the City Engineer. The Contractor shall perform process and quality control sampling and testing and exercise management control the work of his/her subcontractors, technicians and workers to ensure that the milling, transporting, recycling, spreading, compaction, and finishing processes conform to these Specifications. The proficiency of testing laboratories and sampling and testing personnel shall be reviewed and approved by the City Engineer prior to providing services to the project. The City Engineer shall have unrestricted access to the laboratory, sampling, testing sites, and all information resulting from mix design and quality control activities. All Quality Control testing results shall be submitted to the City Engineer on a daily basis. 2.04 DEFECTIVE WORK Within the time periods that the City specifies, the Contractor shall correct all deficient, improperly executed, or unsatisfactory Work determined by the City. The Contractor shall remove and shall repair or replace, at his/her own expense any part of the Work that is deficient, improperly executed, or unsatisfactorily executed, even though it has been included in the monthly estimates. If he/she refuses or neglects to remove, repair, or replace such defective Work, prior to the City's acceptance of the Work, it may be replaced by the City at the expense of the Contractor, plus 15%for overhead expenses, and his/her sureties shall be liable therefor. (See Paragraph 2.15 for curing defects after acceptance of the Work.) 2.05 CITY'S RIGHT TO CARRY OUT THE WORK A. Notwithstanding other remedies available to the City, if the Contractor defaults, fails to perform Work required by the Contract Documents, or otherwise neglects to carry out the Work in accordance with the Contract Documents and fails within a 48 hour period after receipt of written notice from the City to commence and correct such default, failure to perform, or neglect with diligence and promptness, the City, at its sole discretion and without obligation, may, with its own or outside forces, perform the Work Contractor has failed to perform and/or replace or correct deficiencies in the Work. In 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 correction of such deficiencies, including compensation for additional services by the City's project management staff, the Architect, and their respective consultants made necessary by such default, failure to perform, or neglect, plus 15%for City's overhead expenses. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City immediately. This remedy is cumulative. B. The City also has the right, but not the obligation, toself-perform or have outside forces perform portions of the Work previously assigned to Contractor. In such case a Change Order or Construction Change Directive shall be issued, reducing the Contract Sum by the Unit Prices) applicable to such deleted Work or, in the absence of Unit Prices, an amount that reflects the reasonable cost of performing such deleted Work and the Allowable Mark-Up applicable to such deleted Work. 2.06 COMMUNICATIONS AND NOTICES REGARDING THE WORK A. Notices under the Contract Documents shall be in writing and (a) delivered personally, (b) sent by certified mail, return receipt requested, (c) sent by a recognized overnight mail or courier service, with delivery receipt requested, or (d) sent by facsimile communication followed by a hard copy and with receipt confirmed by telephone, to the following addresses (or to such other address as may from time to time be specified in writing by such Person). All correspondence with Contractor shall be sent to the following address: Attention: Phone: Facsimile: All communications shall be copied to City and shall be delivered to City's Director at the address set forth below, with copies to such additional persons as may be directed by City's Director. City of Vernon Public Works Department 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Felix Velasco, Associate Engineer Phone: _ (323) 583-8811 x 318 Facsimile: (323) 826-1435 E-mail: fvelasco na ci.vernon.ca.us B. Notices shall be deemed received when actually received in the office of the addressee (or by the addressee if personally delivered) or when delivery is refused, as shown on the receipt of the U. S. Postal Service, private carrier or other Person making the delivery. Notwithstanding the foregoing, notices sent by facsimile after 4.00 p.m. Pacific Standard or Daylight Time (as applicable) and all other notices received after 5:00 p.m. shall be deemed received on the first business day following delivery (that is, in order for a fax to be deemed received on the same day, at least the first page of the fax must have been received before 4:00 p.m.). Any technical or other communications pertaining to the Work shall be conducted by Contractor's Project Manager and technical representatives designated by City. Contractor's representatives shall be available at all reasonable times for consultation, and shall be authorized to act on behalf of Contractor in matters concerning the Work. C. Contractor shall copy City on all written correspondence pertaining to the Contract between Contractor and any Person other than Contractor's Subcontractors, consultants and attorneys. D. Notification of Affected Residents/Businesses —The Contractor shall be responsible for distribution of the general information letter of the project to all affected residents and businesses. A project general information letter and sufficient copies thereof will be prepared by City staff for Contractor distribution to all residents, business establishments, and institutions fronting on or directly affected by the project. The Contractor shall be responsible for distribution of said letter in handout form to all the appropriate residences and buildings in the subject area. Distribution shall be accomplished in a manner acceptable to the City Engineer and shall be five (5) working days prior to the beginning of construction operations in the immediate vicinity. In addition to the above, the Contractor shall be fully responsible for such other notifications as may be required related to necessary closures of streets, alleys, driveways, etc., or to unavoidable access or parking restrictions. These notifications shall apply where the closures and access or parking restrictions required in the performance of any work under this contract preclude any resident, tenant, or property owner from utilizing the premises or conducting business thereon in a reasonable and customary manner. Additional notification to the affected businesses and residents shall be prepared by the City and distributed by the Contractor for roadway and driveway closures five (5) working days in advance of any construction work. No removal or excavation work is allowed until the additional notification has been distributed to the affected residents and businesses. If a Contractor is unable to adhere to his schedule as indicated on his written notification, then all the affected residents and places of business shall be re-notified of the revised schedule, in writing, as indicated above. Contractor costs for all of the above notifications shall be considered as included in the appropriate items of the Bid Proposal. E. Notification of Utilities —The provisions of Section 5 entitled "Utilities" of the "Greenbook" Standard Specifications shall apply. The Contractor shall contact the Underground Service Alert of Southern California (U.S.A.) at least two working days in advance of the construction work 2.07 INDEPENDENT CONTRACTOR The Contractor in the performance of the Work hereunder will be acting in an independent capacity and not as an agent, employee, partner, or joint venture of the City. 2.08 EMERGENCY WORK A. During Working Hours: Incase of an emergency which threatens loss or injury of property, and/or safety of life during working hours, the Contractor shall act, without previous instructions from the City, as the situation may warrant. He/she shall notify the Director of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Director within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as Extra Work. B. Outside of Working Hours: Whenever, in the opinion of the City, there shall arise outside of the regular Working hours on the Contract Work of an emergency nature which threatens loss or injury of property, or danger to public safety, the Contractor shall act, without previous instructions from the City as the situation may warrant. He/she shall notify the Director of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Director within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as Extra Work. In 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. If such emergency arises out of or is the result of operations by the Contractor, the cost of the corrective measures will be billed to the Contractor and deducted from his/her payment as provided in the Contract Documents. The performance of emergency Work by City forces will not relieve the Contractor of any of his/her responsibilities, obligations, or liabilities under the Contract. 2.09 SUBCONTRACTORS A. Each subcontract shall contain a reference 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. If, in the Director's opinion, the Subcontractor fails to comply with the requirements of the principal Contract insofar as the same may be applicable to the Subcontractor's Work, the Director may disqualify the Subcontractor. B. Nothing contained in these Contract Documents shall be construed as creating any contractual relationship between any Subcontractor and the City. C. The Contractor shall be considered the employer of the Subcontractors and shall be fully responsible to the City for the acts and omissions of Subcontractors and of persons employed by them as the Contractor is for the acts and omissions of persons directly employed by him/her. D. The Contractor shall be responsible for the coordination of the trades, Subcontractors, and material suppliers engaged upon the Work. It shall be the Contractor's duty to see that all of his/her Subcontractors commence their Work at the proper time and carry it on with due diligence so that they do not delay or injure either the Work or materials; and that all damage caused by them or their workers is made good at his/her expense. The City will not undertake to settle differences between the Contractor and hislher Subcontractors or between subcontractors. F. The Contractor shall utilize the services of specialty Subcontractors, without additional expense to the City, on those parts of the Work which are specified to be performed by specialty contractors. 2.10 USE OF FACILITIES PRIOR TO COMPLETION OF CONTRACT A. Whenever in the opinion of the Director any Work under the Contract, or any portions) 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 portions) designated by the Director. B. The use of any portions) by the City shall not be construed as, and will not constitute acceptance in any sense, of any portions) of the Work of the Contractor nor will such use trigger the running of any warranty and/or guarantee periods. C. All necessary repairs, renewals, changes, or modifications in the Work or any portion thereof so used, not due to ordinary wear and tear, but due to defective materials or workmanship, the operations of the Contractor, or any other cause, shall be made at the expense of the Contractor. D. The use of any portions) by the City 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 conditions thereof. Said use shall not cancel liquidated damages as of the first date of use, or any continuance thereof, nor impair, reduce, or change the amount of liquidated damages. 2.11 COOPERATION WITH OTHER WORK FORCES A. The City reserves the right to perform other Work at or near the site at any time by the use of its own forces or other contractors. B. Other contractors, other utilities and public agencies or their contractors, other City contractors, and City personnel may be working in the vicinity during the project construction period. There may be some interference between these activities and the Work under the Contract Documents. The Contractor shall cooperate and coordinate his/her Work with that of other Work forces to assure timely Contract completion. 2.12 AGREEMENTS WITH PROPERTY OWNERS Agreements with property owners for storing excavated material, storing any other materials, or for any other purpose related to the Work shall be made in writing and a copy submitted to the Director for his/her information. All storage charges shall be at the Contractor's sole expense. 2.13 PROTECTION OF PROPERTY All public and private property, pavement or improvement, shall be safely guarded from damage or loss in connection with this Contract by the Contractor at all times. Should any facility, structure, or property be damaged during operations of the Contractor, he/she shall immediately notify the property owners or authorities. All damages and losses incurred shall be paid by the Contractor. 2.14 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES A. Risk of Loss Except as otherwise provided in the Contract Documents and except as to the cost of repair or restoration of damage to the Work caused by force majeure, the Contractor shall bear all losses resulting to him/her on account of the amount or character of the Work, or from any unforeseen obstructions or difficulties which may be encountered, or from any encumbrances on the line of the Work, or because the nature of the ground in or on which the Work is done is different from what is assumed. The Contractor shall bear the risk for any City equipment, material, or supplies with which he/she has been entrusted. B. Materials and Facilities The Contractor shall be responsible for materials and facilities as hereinafter provided and in the event of his/her failure to carry out said responsibilities, the same may be carried out by the City at the expense of the Contractor: The Contractor shall be responsible for any materials so furnished and for the care of ail 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. The Contractor shall protect City facilities from damage resulting from his/her Work. City facilities damaged by, or as a result of, the Contractor's Work under this Contract shall be repaired or replaced, as directed by the Director, at the Contractor's expense. The Contractor shall remove from the vicinity of the completed Work all buildings, rubbish, unused material, concrete forms, and other materials belonging or used under his/her direction during construction. If Contractor fails to completely remove such items within a reasonable time the City may do so at the Contractor's expense. C. Laws and Regulations The Contractor shall obey all laws, ordinances, and regulations in any manner affecting those engaged or employed on the Work, or the materials used in the Work, or in any way affecting the conduct of the Work, and of all court orders and decrees having any jurisdiction or authority over the same. If any discrepancy or inconsistency should be discovered in this Contract, or in the Drawings or Specifications herein referred to, in relation to any such law, ordinance, regulation, order, or decree, he/she shall immediately report the same in writing to the Director. 2. Contractor shall, at all times, cause all his/her agents and employees to observe and comply with all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may become effective before Final Completion of this Contract. 3. Nothing in the Contract Documents shall be construed to permit Work not conforming to such laws, ordinances, and regulations. If the Contractor ascertains at any time that any requirement of this Contract is at variance with such applicable law requirement, he/she shall immediately notify the Director. 4. If such applicable law requirement was not in effect on the date of submission of bids, any necessary adjustment of the Contract price shall be made as provided in Article 6 herein. If such applicable law requirement was in effect on said date of bid submission, no adjustment of Contract price will be considered. 5. The Contractor, at his/her own expense, shall pay all taxes properly assessed against his/her equipment, materials, or property used or required in connection with the Work. 2.15 WARRANTY AND CORRECTIONS A. Warranty 1, Warranty. The Contractor warrants to the City that: (i) materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents; (ii) the Work will be of good quality and free from defects; (iii) the Work will conform to the requirements of the Contract Documents; and (iv) Contractor will deliver the Project free of stop notice claims. Work not conforming to these requirements, including substitutions not accepted by the City, will be deemed defective. The Contractor's warranty excludes improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the City, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the correction obligation of Paragraph 2.04 herein. 2. Overlap, Where any warranties provided under the Contract Documents overlap, conflict, or are duplicative, Contractor will be bound by the more stringent requirements. Procurement and Assignment of Warranties: Contractor shall obtain in the name of City, or transfer or assign to City or City's designee prior to the time of Final Completion of the Work, any and all warranties or guarantees which Contractor is required to obtain pursuant to the contract Documents and which Contractor obtained from any other person or entity other than Contractor including, but not limited to, Subcontractors and manufacturers, and further agrees to perform the Work in such a manner so as to preserve any and all such warranties. Contractor shall secure written warranties from all Subcontractors. Contractor and its Subcontractors shall offer any warranty upgrades or extensions that are offered by manufacturers of any equipment or system installed in the Work to the City. Contractor shall deliver to City all warranty and guarantee documents and policies. Survival of Warranties: The provisions of this paragraph 2.15 will survive Contractor's completion of the Work or termination of Contractor's performance of the Work. B. Correction of Work Before or Affer Final Completion. The Contractor shall promptly correct Work rejected by the City or City's designee, as failing to conform to the requirements of the Contract Documents, whether discovered before or after Final Completion and whether or not fabricated, installed, or completed, Costs of correcting such rejected Work, including additional testing, inspections, and compensation for the City's services and expenses made necessary thereby, will be at the Contractor's expense within the Contract Price. 2. After Final Completion, (a) In addition to the Contractor's warranty obligations under Paragraph 2.15-A, if, within one (1) year after the date of Final Completion of the Work or within the time period established by any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall commence correction or replacement of such Work within forty-eight (48) hours after receipt of written notice from the City to do so. The Contractor shall 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 written notice, the City will proceed to have defects repaired or replaced at the expense of the Contractor and its Performance Bond surety, plus fifteen percent (15%) for the City's overhead and administrative expense. The City may charge such costs against any payment due Contractor. If, in the opinion of the City, defective work creates a dangerous or hazardous condition or requires immediate correction or attention to prevent further loss to the City or to prevent interruption of operations of the City, the City may take immediate action, give notice, make such correction, or provide such attention and the cost of such correction or attention will be charged against the Contractor. Such action by the City will not relieve the Contractor of the warranties provided in this Article or elsewhere in the Contract Documents. Replacement or Removal of Defective or Unauthorized Work. The Contractor shall remove from the Site and replace those portions of the Work which are not in accordance with the requirements of the Contract Documents in a manner acceptable to and as ordered by the Director. No compensation shall be allowed for such removal or replacement, Director shall have authority to cause defective work to be remedied, removed or replaced and to deduct the costs from monies due or to become due to the Contractor. 4. Destruction or Dama.ge. In the event the Contractor destroys or damages any construction of the City or another contractor while correcting or removing Work which is not in accordance with the requirements of these Contract Documents, the Contractor shall bear the cost of repairing or reconstructing that other construction as well. No Limitation. Nothing contained in Paragraph 2.15-B will be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the one-year period for correction of Work as described in Paragraph 2.15-B relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the limitations periods established by statute for any construction defect or other causes of action. 2.16 CLEANING AND ENVIRONMENTAL CONTROLS The Contractor, Subcontractors and employees shall comply with all litter and pollution laws and it shall be the responsibility of the Contractor to ensure compliance. The Contractor shall do all of the following: A. Maintain the Site free of waste materials, debris, and rubbish and in a clean and orderly condition; and Remove waste materials, debris and rubbish from site and dispose off-site legally. B. The Contractor shall maintain at his/her disposal any and all equipment necessary to prevent and remediate any sanitary sewer overflow arising out of the Work. The Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles, as directed by the Director, to maintain the affected areas in a condition of cleanliness acceptable to the City at all locations affected by the Contractor's operations. For purposes of this Paragraph, the affected areas include the project Site as well as all haul routes to and from the project Site and all areas of construction and restoration which have not been completed. C. The Contractor shall take appropriate action to ensure that no dust originates from the project Site. D. Any equipment or vehicles driven and/or operated within or adjacent to a street gutter, storm drain, runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that if introduced to water could be deleterious to aquatic life. E. No debris, soil, silt, sand, bark, trash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity or whatever nature shall be allowed to enter into or placed where same may be washed by rainfall or runoff into waters of the State. When operations are completed, any excess materials or debris shall be removed from the Work area. 2.17 WATER POLLUTION CONTROL A. The Contractor shall meet all applicable City of Vernon, state and federal clean water laws, rules and regulations including but not limited to all conditions set forth in the Vernon Municipal Code Chapter 21, Article 5 regarding stormwater and urban runoff controls as it relates to public agency activities including, but not limited to storm and/or sanitary sewer system inspection and repair, street sweeping, trash pick-up and disposal, and street and right-of-way construction and repair are required to implement and maintain the activity specific Best Management Practices (BMPs) listed in Table 2-1 below in compliance with the National Pollutant Discharge Elimination System (NPDES) requirements. Contractor shall not discharge any water containing trash, debris, pollutants, fuels, oils, soaps or other non-allowable constituents from its sweeping vehicles upon any city street, to any storm drain or any non-permitted outlet. As part of its submission, contractor shall describe its methods for preventing NPDES violations during sweeping operations within the City. In addition, Contractor shall comply with all NPDES requirements at its maintenance facilities, storage yards and company facilities. Failure to comply with this section may result in termination for cause by the City of any contract resulting from this solicitation. Table 2-1. BMPs for Public Agency Facilities and Activities Illicit Connection Detection, Reporting and Removal illegal Spill Discharge Control Maintenance Facility Housekeeping Practices Flexible Pavement Asphalt Cement Crack and Joint Grinding/ Sealing Asphalt Paving Structural Pavement Failure (Digouts) Pavement Grinding and Paving Emergency Pothole Repairs Sealing Operations Rigid Pavement Portland Cement Crack and Joint Sealing Mudjacking and Drilling Concrete Slab and Spall Repair Slope/DrainsNegetation Shoulder Grading Nonlandscaped Chemical Vegetation Control Nonlandscaped Mechanical Vegetation Control/Mowing Nonlandscaped Tree and Shrub Pruning. Brush Chipping, Tree and Shrub Removal Fence Repair Drainage Ditch and Channel Maintenance Drain and Culvert Maintenance Curb and Sidewalk Repair Litter/ Debris/ Graffiti Sweeping Operations Litter and Debris Removal Emergency Response and Cleanup Practices Graffiti Removal Landscaping Chemical Vegetation Control Manual Vegetation Control Landscaped Mechanical Vegetation Control/ Mowing Landscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub Removal Irrigation Line Repairs Irrigation (Watering). Potable and Nonpotable Environmental Storm Drain Stenciling Roadside Slope Inspection Roadside Stabilization StormwaterTreatment bevices Traction Sand Trap Devices Bridges Welding and Grinding Sandblasting, Wet Blast with Sand Injection and Hydroblasting Painting Bridge Repairs Other Structures Pump Station Cleaning Tube and Tunnel Maintenance and Repair Tow Truck Operations Toll Booth Lane Scrubbing Operations Electrical Sawcutting for Loop Installation Traffic Guidance Thermoplastic Striping and Marking Paint Striping and Marking Raised/ Recessed Pavement Marker Application and Removal Sign Repair and Maintenance Median Barrier and Guard Rail Repair Emergency Vehicle Energy Attenuation Repair Storm Maintenance Minor Slides and Slipouts Cleanup/ Repair Management and Support Building and Grounds Maintenance Storage of Hazardous Materials (Working Stock) Material Storage Control (Hazardous Waste) Outdoor Storage of 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 Projects with Less than One (1) Acre of Disturbed Soil. All construction projects, regardless of size, will be required to implement best management practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) to meet the minimum water quality protection requirements and implement all applicable set of BMPs as defined in Table 2-2. Table 2-2 Minimum Water Quality Protection Requirements and Applicable Set of BMPs for All Construction Projects Category Minimum Requirements BMPs 1. Sediment Control Sediments generated on the project site shall be retained Sediment Control using adequate Treatment Control or Structural BMPs. 2. Non-Stormwater Construction-related materials, wastes, spills or residues Stormwater Management, Waste shall be retained at the project site to avoid discharge to Management; Waste Management and streets, drainage facilities, receiving waters, or adjacent Management Materials Pollution properties by wind or runoff. Control Non-storm water runoff from equipment and vehicle washing and an other activit shall be contained at the pro~ect sites. 3. Erosion Control Erosion from slopes and channels shall be controlled by Erosion Control 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 ve etation on slopes; and coverin erosion susceptible slopes. Please refer to the California Stormwater Quality Association's Construction Handbook (available on their website: www.cabmphandbooks.com) for further information regarding the BMPs listed in Table 2-2. All construction projects with Less than One (1) Acre of Disturbed Soil shall submit to the City a signed Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit (Exhibit 5). The Contractor may self-certify that the following training was completed on an annual basis providing they certify they have received all applicable training: e The Contractor shall train all of their employees in targeted positions (whose interactions, jobs, and activities affect 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 of pesticides 3) Least toxic methods of pest prevention and control, including Integrated Pest Management 4) Reduction of pesticide use C. Water Quality Protection Requirements for Construction Projects with One (1) Acre (or greater) of Disturbed Soil, In addition to the minimum BMPs required in Paragraphs A and B, all construction projects where at least one (1) acre of soil will be disturbed, construction activity that results in land surface disturbances of less than one acre if the activity is part of a larger common plan of development, or the sale of one or more acres of disturbed land surface requires a Construction Activities Storm Water General Permit (2009-0009-DWQ Permit). Prior to commencement of construction activities, the Permit Registration Documents (PRDs) must be submitted electronically in the Storm Water Multi-Application Report Tracking System (SMARTS) (http:llsmarts.waterboards.ca.govlsmartslfaceslSwSmartsLogin.js~). 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 annual fee. See: http:l/www.swrcb.ca.gov/water_issues/programslstormwaterlconstruction.shtml for more information. A Waste Discharger Identification (WDID) will be emailed to the LRP afterthe PRDs have been submitted and are deemed complete. Construction activities cannot begin until a WDID is issued by the State Water Resources Control Board. Contractor shall bear the costs of any delays to the Project caused by a delay in obtaining its WDID. The SWPPP shall include: 1. The name, location, period of construction, and a brief description of the project; 2. Contact information for the owner and contractor; 3. The building permit number for the project; 4. The grading permit number for the project (where applicable); 5. A list of major construction materials, wastes, and activities at the project site; 6. A list of best management practices to be used to control pollutant discharges from major construction materials, wastes, and activities; 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 effectiveness and necessary repairs of the BMPs; and 10. A certification statement that all required and selected BMPs will be effectively implemented. Within seven (7) days after the City awards the Contract, the Contractor shall submit seven 7 copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the plan, If revisions are required, the Contractor shall revise and re-submit the document within seven (7) days of its receipt of the City's comments. The City shall then have seven (7) days to consider the revisions made by the Contractor and approve the SWPPP. The Contractor shall maintain a minimum of two (2) readily accessible copies of the SWPPP at the Project site. The SWPPP shall be made available upon request of a representative of the Los Angeles Regional Water Quality Control Board (LARWQCB) or the U.S. Environmental Protection Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the City. Best Management Practices The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect the quality of storm water discharge associated with construction activities. The plan will describe and ensure the implementation of Best Management Practices (BMPs) which will be used to reduce pollutants in the storm water discharges from the construction site. A Best Management Practice is defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution. The Contractor shall select appropriate BMPs from the California Stormwater BMP Handbook, Municipal, Industrial, New Development, and Construction Volumes (www.cabmphandbooks.com) in conjunction with all activities and construction operations. Copies of the California Stormwater BMP Handbooks may be obtained from: California Stormwater Quality Association P.O. Box 2313 Livermore, CA 94551 www.cabmphandbooks.com E. Implementation Cashier Los Angeles County DPW 900 South Fremont Avenue Alhambra, CA 91803 Tel. No. (626) 458-6959 The Contractor will be responsible throughout the duration of the Project for the installation, monitoring, inspection and maintenance of the BMPs included in the SWPPP and for removing and disposing of temporary BMPs. The Contractor may be required to implement additional BMPs as a result of changes in actual field conditions, contractor'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 and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully deploy these control measures. Throughout the winter season, active soil-disturbed areas of the project site shall be fully protected at the end of each day with these control measures unless fair weather is predicted through the following day. The Contractor shall monitor daily weather forecasts. If precipitation is predicted prior to the end of the following workday, construction scheduling shall be modified, as required, and the Contractor shall deploy functioning control measures prior to the onset of the precipitation. The City may order the suspension of construction operations which are creating water pollution if the Contractor fails to conform to the requirements of this Paragraph 2.17. Unless otherwise directed by the City, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of the Work. F. Sewage Spill Prevention. The Contractor's attention is directed to the sewer bypass operation required during any sewer construction pursuant to the 2012 edition of the "Greenbook" Standard Specifications for Public Works Construction, Section 500.1.2.4 or as that section is subsequently amended. The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a sewage spill. In the event of a sewage spill, the Contractor shall make arrangements for an emergency response unit comprised of emergency response equipment and trained personnel to be immediately dispatched to the project site. The Contractor shall be fully responsible for preventing and containing sewage spills as well as recovering and properly disposing of raw sewage. In addition, the Contractor is responsible for any fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is damaged by the contractor shall be immediately repaired at the Contractor's expense. The Contractor shall take all measures necessary to prevent further damage or service interruption and to contain and clean up the sewage spills. G. Sewage Spill Telephone Notification Should a sewage spill occur, the Contractor shall immediately report the incident to both of these two City Departments: Sewer Maintenance Services ........................ . ..City of Vernon Control Center (323) 826-1461 Fire Department Dispatch Center ................................................................................. 911 The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone numbers of City representatives such as Project Managers and Inspectors. However, if these City representatives are not available, then the Contractor shall immediately call: Felix Velasco, Associate Engineer (323) 605-8702 H. Sewage Spill Written Notification The Contractor shall prepare and submit a written report to the Director within three (3) Working Days from the occurrence of a spill to the City. This report shall describe all of the following: 1. The exact location on the Thomas Guide map 2. The nature and volume 3. The date, time and duration The cause 5. The type of remedial and/or cleanup measures taken and date and time implemented 6. The corrective and preventive action taken, and 7. The water body impacted and results 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 Contractor's failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17. Contractor shall be responsible for all costs and liabilities imposed by law as result of Contractor's failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17. The costs and liabilities include, but are not limited to fines, penalties and damages whether assessed against the City or the Contractor. In addition to any remedy authorized by law, any money due to the Contractor under this contract shall be retained by the City until all costs and liabilities imposed bylaw against the City or Contractor have been satisfied. Maintenance The Contractor shall ensure the proper implementation and functioning of BMP control measures and shall regularly inspect and maintain the construction site for the BMPs identified in the SWPPP. The Contractor shall identify corrective actions and time frames in order to properly address any damaged measure, or reinitiate any BMPs that have been discontinued. If the City identifies a deficiency in the deployment or functioning of identified control measures, the deficiency shall be corrected by the Contractor immediately or by a later date and time if agreed to by Director and if requested in writing, but not later than the onset of the subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. K. Payment All costs involved in the implementation of the SWPPP, including furnishing all labor, materials, tools, equipment and all incidentals; and for doing all the work involved in installing, constructing, maintaining, removing, and disposing of control measures, except those that were installed as a part of another structure, shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefor. 2.18 SOLID WASTE DISPOSAL AND DIVERSION The Contractor shall submit to the Director the following summary of solid waste generated by the Work, disposed in Class III landfills, or diverted from disposal through recycling. Report disposal in inert fill separately. This form must be accompanied by legible copies of weight tickets, receipts, or invoices that specifically identify the project generating the material. Said documents must be from recyclers and/or disposal site operators that are acceptable to the Director. Further, the documents must be submitted to the Director with each application for progress payment. Failure to submit the form and its supporting documentation will render the application for progress payment incomplete and delay progress payments. SUMMARY OF SOLID WASTE DISPOSAL AND DIVERSION Project Titie: Specification No. Type of Material (a) Disposed in Class III Landfills (b) Diverted from Class III Landfills by Recycling (c) [leave This Column Blank] (d) Disposed in Inert Fills TonsICY Tons!CY Tons!CY TonslCY Nsphall Concrete Metal Other Segregated ~bialerials (C2scriCe): - l - Miscellaneous Construction ~Nasle Total Form to be submitted to the City SIGNATURE: TITLE: DATE: 2.19 RECYCLED, REUSABLE AND RECYCLABLE PRODUCTS The Contractor is encouraged to propose recycled, reusable and recyclable products for use by the City. Those items should be clearly identified. The City may require further information or documentation to ascertain the suitability/appropriateness of a proposed product. [END OF ARTICLE] ARTICLE 3 -TIME OF COMMENCEMENT AND COMPLETION 3.01 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK A. Notice to Proceed The Contractor is not authorized to perform any Work the Contract Documents until he/she has received from the City an official notification to commence Work. The date on which the notification is received by the Contractor is herein referred to as the Notice to Proceed. The Contractor shall commence Work on the Date of Commencement established in the Notice to Proceed is issued. The Notice to Proceed shall be issued after the Contract is properly executed, bonds are furnished and approved, and insurance has been submitted and approved. B. Prosecution of the Work Work shall be continued at all times with such force and equipment as will be sufficient to complete it within the specified time. The Contractor expressly proposes that he/she has taken into consideration and made allowances for all ordinary delays and hindrances to the Work to be performed and that he/she will complete the Work within the specified time. C. Required Contract Completion Time is of the essence in the completion of this Contract. The Work shall be completed in its entirety and made ready for service within one hundred and twenty (120) calendar days following the Date of Commencement established in the Notice to Proceed ("Contract Time"). By executing the Contract, Contractor confirms that the Contract Time is a reasonable period for performing the Work. 3.02 CITY'S DISCRETION TO EXTEND CONTRACT TIME In the event the Work required hereunder is not satisfactorily completed in all parts and in compliance with the Contract Documents, City shall have the right, in its sole discretion, to increase the number of Working Days or not, as may seem best to serve the interest of City. A change order extending the Contract Time only will be issued by the City should the City decide to increase the number of Working Days. 3.03 SUBSTANTIAL COMPLETION A. Contractor Request for Inspection and Punch List When the Contractor considers that it has achieved Substantial Completion of the Work, or designated portion thereof, Contractor shall prepare and submit to the Director a request for inspection and a comprehensive punch list of items to be completed or 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 Inspection Upon receipt of the Contractor's punch list, the Director will make an inspection to determine whether the Work or designated portion thereof is Substantially Complete. If the inspection discloses any item, whether or not included on the Contractor'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 designated portion thereof for its intended use, the Contractor shall, before City's issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by City. The Contractor shall then submit a request for another inspection by City to determine Substantial Completion. C. Certificate of Substantial Completion When the Work or designated portion thereof is substantially complete, the Director will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the City and Contractor for security, maintenance, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall finish all items on the Contractor's punch list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work. Contractor shall deliver to City all warranty and guarantee documents and policies, 3.04 DELAYS AND EXTENSIONS OF TIME FOR CONTRACTOR A. The Contractor shall take reasonable precautions to foresee and prevent delays to the Work. In the event of any delay to the Work, the Contractor shall revise his/her sequence of operations, to the extent possible under the terms of the Contract, to offset the delay. B. If any delay to the Work is caused by circumstances within the Contractor's control, it is not excusable and not compensable, and the Contractor will not be entitled to any extension of ti~1~e or to any other compensation for damages resulting directly or indirectly therefrom. C. If any delay having a direct effect on the Work is caused by circumstances beyond the control of the Contractor except for causes of delay specified in Paragraph 3.04-D., such delay may be excusable and may entitle the Contractor to an equivalent extension of time, but not to any other compensation. Excusable but not compensable causes include but are not limited to labor disputes, weather conditions unfavorable for prosecution of the Work, and force majeure. D. If any delay having a direct effect on the Work is caused by failure of the City to provide information as specified, or necessary instructions for carrying on the Work, or to provide the necessary right of way or site for installation, or failure of a utility to remove or relocate an existing facility such delay may be compensable and may entitle the Contractor to an equivalent extension of time, and to compensation for damages resulting directly from any of the causes of delay specified in this paragraph. E. The Contractor shall notify the Director in writing of any delay having a direct effect on the Work and the causes thereof within 15 days from the beginning of such delay, F. Any claim for an extension of time or for compensation for damages resulting from delay shall be made in writing to the Director not more than 30 days after the ending of such delay. The Contractor shall provide a written report evaluating the impact of the delay which shall include, at a minimum, all of the following: 1. ~ a narrative description of the delay and its impact on the critical 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 Contractor due to the delay; 3. the number of days of extension sought by Contractor as an adjustment to the Contract time; 4. a statement that Contractor has complied with the requirements of the General Conditions for written notice of delays, along with the dates and copies of such notices; 5. the measures taken by Contractor and Subcontractors to prevent or minimize the delay; and 6. the Contactor's recommendations for reordering or re-sequencing the Work to avoid or minimize further delay. No extension of time or compensation for damages resulting from delay will be granted unless the delay affects the timely completion of the overall Work under the Contract or the timely completion of a portion of the Work for which a time of completion is specified. G. The Director will investigate the facts and ascertain the extent of the delay, and his/her findings thereon shall be final and conclusive. H. Failure of the Contractor to give written notice of a delay, or to submit or document a claim for an extension of time or for damages resulting from delay in the manner and within the times stated above shall constitute a waiver of all claims thereto. When a Contractor experiences two concurrent delays, one compensable and the other excusable, no compensation other than an extension of time will be allowed. An extension of time must be approved by the Director to be effective, but an extension of time whether with or without consent of the sureties, shall not release the sureties from their obligations, which shall remain in full force until the discharge of the Contract. 3.05 CLIMATIC CONDITIONS A. The Director may suspend the Work whenever weather conditions or conditions resulting from inclement weather are unfavorable for the prosecution of the Work. The delay caused by such suspension may entitle the Contractor to an extension of time but not to any other compensation. B. If the Contractor believes that Work should be suspended under this Paragraph 3.05, he/she may request such suspension. The delay caused by such suspension may entitle the Contractor to an extension of time but not to any other compensation. C. No extension of time will be granted for suspension of Work unless the suspension affects the timely completion of all Work under the Contract or the timely completion of a portion of the Work for which a time of completion is specified. Determination that the suspension for inclement weather conditions or conditions resulting from inclement weather affects timely completion and entitles the Contractor to an extension of time shall be made and agreed to in writing by the Director and the Contractor on each day that Work is suspended. In the event of failure to agree, the Contractor may protest under the provisions of Paragraph 7.07. D. If Work is suspended and an extension of time is granted under this Paragraph 3.05 the Contractor will be entitled to a one day extension of time for each day that he/she is unable to Work at least one-half of his/her current normal Work day; and if the Work is suspended at the regular starting time on any Work day and the Contractor's Workforce is dismissed as a result thereof, then he/she will 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. 3.06 COMPLETION AND ACCEPTANCE A. Upon request by the Contractor, the Director shall conduct a final inspection of the Work. If, in the Director's opinion, Final Completion has been achieved, the Director will accept the Work by issuing a "Notice of Completion" of the Work to the Contractor. Upon 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 Completion with the County Recorder. 3.07 LIQUIDATED DAMAGES A. Contractor and City agree to liquidate damages in the amount of fifteen hundred dollars ($1,500) per day, with respect to Contractor's failure to achieve Substantial Completion of the Work within the Contract Time. The Parties intend for the liquidated damages set forth herein to apply to this Contract asset forth in Government Code Section 53069.85. The Contractor acknowledges and agrees that the liquidated damages are intended to compensate City solely for the Contractor's failure to meet the deadline for Substantial Completion and shall not excuse Contractor from liability from any other breach, including any failure of the Work to conform to the requirements of the Contract Documents. B. In the event that Contractor fails to achieve Substantial Completion of the Work within the Contract Time, Contractor agrees to pay City the amount specified in the Contract form for each calendar day that Substantial Completion is delayed. C. Contractor and City acknowledge and agree that the foregoing liquidated damages have been set based on an evaluation of damages that the City will incur in the event of late completion of the Work. Contractor and City acknowledge and agree that the amount of such damages are impossible to ascertain as of the effective date hereof and have agreed to such liquidated damages to fix City's damages and to avoid later disputes. It is understood and agreed by Contractor that liquidated damages payable pursuant to this Agreement are not a penalty and that such amount are not manifestly unreasonable under the circumstances existing as of the effective date of this Agreement. D. It 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. In the 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 ARTICLE] ARTICLE ~ ~ CONSTRUCTION SCHEDULES 4.01 BASELINE PROJECT SCHEDULE The Contractor shall submit his/her work Baseline Project Schedule, in electronic as well as hard-copy format, to the Director at the pre-construction meeting showing in detail how the Contractor plans to execute and coordinate the Work. The construction schedule shall show the sequence of work, critical path and estimated time for completion of each segment of work. This schedule must be reviewed and accepted by the Director before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed schedule forecasting two (2) weeks of work describing each day's work. This schedule shall be updated and submitted to the City every other Monday during the construction period. The Contractor shall give 48 hours notice to the City Engineer prior to the start of the work. A. Format At a minimum, the Baseline Project Schedule activities shall be coded on a work discipline basis and by geographic area or location on the Project. The Baseline Project Schedule shall include a detailed description of each activity code. The Baseline Project Schedule shall be based on and incorporate contract milestone and completion dates specified in the Contract Documents. It shall depict events, jobs, and their interrelationships and shall recognize the progress that must be made on one task before subsequent tasks can begin. The schedule shall be comprehensive and shall include all logical interdependencies and interactions required to perform the Work of the Project. Overall time of completion and time of completion for each milestone shown on the Schedule shall adhere to the specified Contract Time, unless an earlier (advanced) time of completion is requested by Contractor, agreed to by the City and formalized by Change Order. 3. Contractor shall use the latest version of Microsoft Project or equivalent software agreed to by the parties. The City will review the submitted Baseline Project Schedule for conformance with these scheduling requirements. Within fourteen (14) calendar days after receipt, the City will accept the proposed Baseline Project Schedule or will return it with comments. If the proposed Baseline Project Schedule is accepted by the City, it shall be deemed part of the Contract Documents. If the Baseline Project Schedule is not accepted by City, Contractor shall revise the Baseline Project Schedule, in accordance with the recommendations of the City, and re-submit same for acceptance, no later than seven (7) calendar days after receipt of said recommendation. 5. Acceptance of Baseline Project Schedule by City, failure to include an element of work, or inaccuracy in Baseline Project Schedule shall not relieve Contractor from the responsibility for accomplishing the Work in accordance with the Contract Documents. •. Critical Work activities are defined as Work activities which, if delayed or extended, will delay the scheduled completion of the milestones andlor 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 anon-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. 2. Delays of any non-critical Work shall not be the basis for an extension of Contract Time until the delays consume all float associated with that non-critical Work activity and cause the Work activity to become critical. 3. It is acknowledged that City-caused time savings (i.e., critical path submittal reviews returned in less time than allowed by the Contract Documents, approval of substitution requests which result in a savings of time for Contractor, etc.) create shared float. Accordingly, City-caused delays may be offset by City-caused time savings. C. Weather (This section applies only to projects of one (1) year duration or longer) The completion time contemplated by this Contract anticipates zero lost days (Work Days) due to normal weather conditions annually and prorated for any duration less than twelve months. Only unusual or extreme weather conditions, as determined by the National Oceanic and Atmospheric Administration, for the time of year will be considered as justification for an extension of time to complete the Project, and only after the zero weather days have been utilized. Annual weather days are not cumulative, and unused days shall become "float" for the benefit of the project, and the schedule adjusted accordingly. The use of weather days by the Contractor shall be subject to all the conditions of claim for an extension of time. The Contractor shall notify the City in writing within ten (10) days of the commencement of each rain event. D. Early Completion While the Contractor may schedule completion of the Project earlier than the date established by the Contract Documents, no additional compensation shall become due the Contractor for the use of float time between the Contractor's projected early completion date and the date for Substantial Completion established by the Contract Documents, unless an earlier (advanced) time of completion is requested by Contractor, agreed to by the City, and formalized by Change Order. 4.02 SCHEDULE UPDATES A. With each Application for Payment submitted by Contractor (other than the final Application for Payment), the Contractor shall submit to the City an updated Project Schedule revised to indicate the Work completed, status of Work in progress, all progress slippages, corrective actions taken, or slippage carry-over, for all anticipated delays or difficulties, and all other information required to accurately present the actual status of the progress of the Work as of the date of the Application for Payment. If the Contractor does not submit an updated Project Schedule with an Application for Payment, City may withhold payment, in whole or in part, until the updated Project Schedule is submitted. In the event that an update to the Project Schedule indicates a delay to the Contract Time the Contractor shall propose an affirmative plan to correct each such delay, including overtime and/or additional labor, if necessary. In no event shall any Project Schedule update constitute an adjustment in the Contract Time, any deadline, or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order or Work Directive. B. At no time shall historical data contained within the updated Project Schedule (i.e. completed activities) be removed and/or altered in any way. This historical data is to be preserved within each of the updated Project Schedules and submitted with the final schedule update to reflect the actual start and finish dates for each activity within the Schedule. C. Any work stoppages within individual work activities that exceed seven (7) calendar days in duration shall be clearly indicated within the updated Project Schedule, Incases where unplanned activity work stoppages exceed seven (7) calendar days activities shall be added to the Project Schedule to clearly indicate the work stoppage period and identify forecasted resumption and completion of the activity where work has stopped. Contractor shall clearly note all schedule revisions when Project Schedule updates are submitted, as required in this Paragraph 4.02 above. 4.03 NONCOMPENSABLE EXTRAORDINARY MEASURES A. Should the City determine, in its sole judgment, that the performance of the Work has not progressed to the level of completion required by the Contract Documents, City shall have the right to order the Contractor to take corrective measures to expedite the progress of construction, at no additional cost to the City, including, without limitation, the following; 1. Working additional shifts of overtime. 2. Supplying additional manpower, equipment, and/or facilities. 3. Reschedule activities to maximize practical concurrence of accomplishment of activities. 4. Submitting 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 shall continue until the progress of the Work is no longer behind schedule and/or reaches the stage of completion required by the Contract Documents. Contractor shall not be entitled to an adjustment in the Contract Sum in connection with the performance of any such Extraordinary Measures required by the City under this Paragraph. The City may exercise the rights furnished the City pursuant to this Paragraph as frequently as the City deems necessary to ensure that the Contractor's performance of the Work will comply with the Contract Time or interim completion dates set forth in the Contract Documents. If Contractor or its Subcontractors fail to implement or commence Extraordinary Measures within ten (10) calendar days of City's written demand, City may, without prejudice to other remedies, take corrective action at the expense of the Contractor which shall reduce the Contract Sum accordingly. 4.04 CONDITION OF PAYMENT Compliance by Contractor with the requirements of the Contract Documents pertaining to preparation, submission, revising and updating of the Schedule is a condition precedent to City's obligation to make payment to Contractor of any or all sums that might otherwise be due to Contractor in the absence of such noncompliance. Payment by City under circumstances in which City, for any reason, fails or elects not to assert its right to withhold payment for noncompliance with this Paragraph shall not be construed as a waiver of the right to withhold future payments on account of such noncompliance or any other noncompliance. [END OF ARTICLE] ARTICLE 5 -SUSPENSION OR TERMINATION OF CONTRACT 5.01 TERMINATION BY THE CONTRACTOR A. Contractor shall have the right to terminate its performance of the Contract only upon the occurrence of one of the following: The Work is stopped for a period of ninety (90) consecutive days through no act or fault of the Contractor, any Subcontractor, Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, due to: a. the issuance of an order of a court or other public authority having jurisdiction; or b. an act of government, such as a declaration of national emergency making material unavailable; and Contractor has given City written notice within ten (10) days of the occurrence of such ground for termination, then the Contractor may, upon thirty (30) additional calendar days written notice to City, unless the reason has theretofore been cured, terminate its performance of the Work. The Work is stopped for a period of 120 consecutive days through no act or fault of Contractor, any Subcontractor, Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work under direct oi~ indirect contract with the Contractor, because the City has persistently failed to perform any material obligation under the Contract Documents and fails to cure such default within ninety (90) days after the receipt of notice from Contractor stating the nature of such default. B. If Contractor terminates its performance of the Contract in accordance with this Paragraph 5.01, the City shall pay Contractor for the Work executed through the date of termination as set forth in Paragraph 5.04-C below. 5.02 TERMINATION BY THE CITY FOR CAUSE A. Grounds The City shall have the right to terminate the Contractor's performance of the Contract, in whole or in part, without liability to City if: 1. Contractor fails promptly to begin the Work under the Contract Documents; or 2. Contractor refuses or fails to supply enough properly skilled workers or proper materials; or 3. Contractor fails to perform the Work in accordance with the Contract Documents, including conforming to applicable standards set forth therein in constructing the Project, or refuses to remove and replace rejected materials or unacceptable Work; or 4. Contractor discontinues the prosecution of the Work (exclusive of work stoppage: (a) due to termination by City; or (b) due to and during the continuance of a Force Majeure event or suspension by City); or 5. Contractor fails to resume performance of Work which has been suspended or stopped, within a reasonable time after receipt of notice from City to do so or (if applicable) after cessation of the event preventing performance; or 6. Any representation or warranty made by Contractor in the Contract Documents or any certificate, schedule, instrument, or other document delivered by Contractor pursuant to the Contract Documents shall have been false or materially misleading when made; or 7. Contractor fails to make payment to Subcontractors or Material Suppliers for materials or labor in accordance with the respective Contract Documents and applicable law; or 8. Contractor disregards laws, ordinances, or rules, regulations, or orders of a public authority having jurisdiction; or 9. Contractor is guilty of breach of a provision of the Contract Documents; or 10. Contractor becomes insolvent, is adjudicated bankrupt, or makes a general assignment for the benefit of creditors and fails to provide City with adequate assurances of Contractor's ability to satisfy its contractual obligations, A receiver, trustee, or other judicial officer shall not have any right, title, or interest in or to the Contract. Upon that person's appointment, City has, at its option and sole discretion, the right to immediately cancel the Contract and declare it null and void. B. City's Rights. When any of the reasons specified in Paragraph 5.02-A exist, the City may, in addition to and without prejudice to any other rights or remedies of the City, and after giving the Contractor five (5) calendar days written notice, terminate Contractor's performance of the Work, in whole or in part, and may: 1. Take possession of the site and all materials, equipment, tools, construction equipment, and machinery thereon owned by the Contractor; 2. Withhold from Contractor amounts unpaid hereunder and to offset such amounts against damages or losses incurred by City; 3. Accept assignment of subcontracts from Contractor, at the sole discretion of City, and 4. Finish the Work by whatever reasonable method the City may deem expedient. Upon request of the Contractor, the City shall furnish to the Contractor a detailed accounting of the costs incurred by the City in finishing the Work. C. Costs If City's costs to complete and damages incurred due to Contractor's default exceed the unpaid Contract balance, the Contractor shall pay the difference to the City. D. Wrongful Termination If it has been adjudicated or otherwise determined that City has wrongfully terminated the Contractor for cause, then said termination shall be deemed converted to a termination for convenience as set forth in Paragraph 5.04 and Contractor's remedy for wrongful termination in such event shall be limited to the recovery of the payments permitted for termination for convenience as set forth in Paragraph 5.04. 5.03 PARTIAL DELETION OR SUSPENSION OF WORK BY THE CITY A. Contractor agrees that the City may determine whether any or all of the Work described in the Contract Documents shall be deleted or performance suspended without electing to terminate the Contractor's performance under the Contract and without any penalty being incurred by the City. B. Any such partial deletion or suspension of the Work shall in no way void or invalidate the Contract nor shall it provide Contractor with any basis for seeking payment from City for Work deleted or suspended except to the extent such Work has already been performed and is otherwise compensable under the Contract. C. The City shall have the right to later have any such suspended or deleted Work performed by Contractor or others without any penalty to the City. D. In the event of any partial or complete deletion or suspension of Work, the City shall furnish Contractor with prompt written notice thereof, and the City shall be entitled to take possession of and have as its property all Record Documents, Accounting Records, and other data prepared by Contractor or its Subcontractors. E. Suspension for Convenience. 1. The City may at any time and from time to time, without cause, order the Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time as the City may determine. Such order shall be specifically identified as a "Work Suspension Directive" under this Section. 2. Upon receipt of a Work Suspension Directive, Contractor shall, at the City's expense, comply with its terms and take ail reasonable steps to minimize costs allocable to the Work covered by the Work Suspension Directive during the period of Work stoppage. 3. Within the period of suspension, or such extension to that period as is agreed upon by Contractor and the City, the City shall either cancel the Work Suspension Directive or delete the Work covered by such Work Suspension Directive by issuing a Change Order or Construction Change Directive. 4. If a Work Suspension Directive is cancelled or expires, Contractor shall continue the Work. A Change Order or Construction Change Directive will be issued to cover any adjustments of the Contract Sum and Contract Time necessarily caused by such suspension. No adjustment shall be made to the extent: (a) That performance is, was, or would have been so suspended, delayed, or interrupted by another cause for which the Contractor is responsible; or (b) That an equitable adjustment is made or denied under another provision of the Contract. Suspensions for Cause City has the authority by written order to suspend the Work, in whole or in part, without liability to City for Contractor's failure to: 1. Correct conditions unsafe for the Project personnel or general public, or 2. Carry out the Contract; or 3. Carry out orders of City. G. Responsibilities of Contractor During Suspension Periods During periods that Work is suspended, Contractor shall continue to be responsible for the Work and shall prevent damage or injury to the Project, provide for drainage, and shall erect necessary temporary structures, signs or other facilities required to maintain the Project and continue to perform according to the Contract Documents. 5.04 TERMINATION BY THE CITY FOR CONVENIENCE A. Grounds Without limiting any rights which City may have by reason of any default by Contractor hereunder, City may terminate Contractor's performance of the Contract, in whole or in part, at any time, for convenience upon fifteen (15) calendar days written notice to Contractor. B. Contractor Actions Upon receipt of such notice, Contractor shall perform the duties required by Paragraph 5.05 below. At the election of and as directed by the City, any or all of the subcontracts and purchase orders entered in to by Contractor prior to the effective date of termination shall be terminated or shall be assigned to City. C. Compensation 1. If the Parties are unable to agree on the amount of a termination settlement, the City shall pay the Contractor the following amounts: a. For Work performed before the effective date of termination, the total (without duplication of any items) of. i. The cost of the Work; and ii. A sum, as overhead and profit on the cost of the Work, determined by the City to be fair and reasonable. In 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 expenses reasonably necessary for the preparation of termination settlement proposals and supporting data, if any; and ii. Storage, transportation, and other costs reasonably necessary for the preservation, protection, or disposition of inventory. 2. Such payment shall be Contractor's exclusive remedy for termination for convenience and will be due and payable on the same conditions as set forth for final payment to the extent applicable. Upon receipt of such payment, the Contractor and City shall have no further obligations to each other except for Contractor's obligations with respect to warranties, representations, indemnity, maintenance of insurance, and other obligations that survive termination or Final Completion as provided for herein. 3. It is understood and agreed that no fee, anticipated profit, compensation for lost opportunity costs, or other compensation or payment of any kind or character shall be due or payable for unperformed Work regardless of the basis of termination and the inclusion of this provision within this subparagraph shall in noway limit its application to termination under this Paragraph. 4. Contractor agrees that each of its subcontracts will reserve for the Contractor the same right of termination for convenience provided by this Paragraph 5.04. D. No Consequential Damages Under no circumstances shall Contractor be entitled to anticipatory or unearned profits or consequential or other damages as a result of a termination or partial termination under this Article 5. The payment to Contractor determined in accordance with this Article constitutes Contractor's exclusive remedy for a termination hereunder. 5.05 CONTRACTOR'S DUTIES UPON TERMINATION FOR CAUSE OR CONVENIENCE If the City terminates Contractor's performance of Work under the Contract, for cause or convenience or if Contractor terminates a Subcontractor with the City's approval, Contractor shall: (1) cease performance of the Work to the extent specified in the notice; (2) take actions necessary or that the City may direct, for the protection and preservation of the Work; (3) settle outstanding liabilities, as directed by City; (4) transfer title and deliver to City Work in progress, specialized equipment necessary to perform the Work; (5) submit all Record Documents, Accounting Records and other data prepared pursuant to the Contract by Contractor and/or its 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 electronic/digital form, with all items properly labeled to the degree of detail specified by the City; and, (6) except for Work directed by City to be performed 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 Contractor, if any, until Contractor complies with the requirements of this Paragraph. [END OF ARTICLE] ARTI~I~E 6 —CHANGES 6.01 CITY'S RIGHT TO ORDER CHANGES The City, without invalidating the Contract, may authorize changes in the Work consisting of additions, deletions, or other revisions, with the Contract Sum and Contract Time being adjusted accordingly, if necessary. All such changes in the Work shall be authorized by Change Order or Construction Change Directive and Contractor shall perform such changes in the Work according to the applicable requirements of the Contract Documents. 6.02 APPLICABLE PROVISIONS Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly and diligently with the change, unless otherwise provided in the Change Order or Construction Change Directive. It is of the essence to this Contract that all scope changes in the Work that form the basis of an adjustment of the Contract Sum or Contract Time must be authorized in advance in writing through either a Change Order or Construction Change Directive. A change in the Contract Sum or the Contract Time shall be accomplished only by Change Order or Construction Change Directive. Accordingly, no verbal directions, course of conduct or dealings between the Parties, express or implied acceptance of alterations or additions to the Work, or claim that the Contract has been abandoned or the City has been unjustly enriched by any alteration or addition to the Work shall be the basis of any claim for an increase in any amounts due under the Contract Documents or a change in any time period provided in the Contract Documents. 6.03 NOTICE OF SCOPE CHANGE Contractor shall submit written notice of any change in scope to the Director if, in the Contractor's opinion, any instruction, request, Drawings, Specifications, action, condition, omission, default, or other situation occurs that the Contractor believes constitutes a scope change or other matter resulting in Extra Work, for which Contractor believes it is entitled to an adjustment of the Contract Sum or Contract Time. Such notice shall be provided prior to performance of the Work affected by such occurrence and within seven (7) calendar days after the discovery date 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 adjustment of the Contract Sum or Contract Time. Failure to provide such timely written notice described herein shall constitute a waiver by Contractor of the right to any adjustment to the Contract Sum or Contract Time on account thereof. 6.04 CHANGE ORDERS A. Computation Methods used in determining adjustments to the Contract Sum by Change Order may include those listed in Paragraph 6.06 below. B. Accord and Satisfaction Agreement on any Change Order shall be a full compromise and settlement of all adjustments to Contract Time and Contract Sum, and compensation for any and all delay, extended or additional field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment productivity, differing Site conditions, construction interferences and other extraordinary or consequential damages (hereinafter called "Impacts"), including any ripple or cumulative effects of said Impacts on the overall Work under the Contract arising directly or indirectly from the performance of Work described in the Change Order. By execution of any Change Order, Contractor agrees that the Change Order constitutes a complete accord and satisfaction with respect to all claims for schedule extension, Impacts, or any costs of whatever nature, character or kind arising out of or incidental to the Change Order. No action, conduct, omission, product failure or course of dealing by the City shall act to waive, modify, change, or alter the requirement that (i) Change Order's must be in writing, signed by the City and Contractor and; (ii) that such written Change Orders are the exclusive method for effectuating any change to the Contract Sum and/or Contract Time. 6.05 CONSTRUCTION CHANGE DIRECTIVE (FIELD DIRECTIVE A, A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order, The City may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletion, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. B. If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be calculated in accordance with Paragraph 6.06 herein (Pricing Changes in the Work). C. Upon receipt of the Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the City of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive, for determining the proposed adjustment in the Contract Sum or Contract Time. D. If Contractor believes a Construction Change Directive constitutes a basis for adjustment to the Contract Sum or Contract Time, then Contractor shall give a Notice of Scope Change provided in Paragraph 6.03, followed by a submission of a Change Order Request as required by Paragraph 6.08. Contractor shall, if requested by City in such Construction Change Directive or in a subsequent Construction Change Directive, proceed with the performance of the Work as described in the Construction Change Directive. Failure of Contractor to proceed with the performance of Work, as described in the Construction Change Directive shall give the City the right to carry out the Work, as set forth in Paragraph 2.05. E. A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. F. If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the City on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in the case of an increase in the Contract Sum, Allowable Mark-Ups in accordance with Paragraph 6,06(E) herein. 6.06 PRICING CHANGES IN THE WORK A. Alternative Methods of Pricing The amount of any adjustment by Change Order or Construction Change Directive increasing or decreasing the Contract Sum shall be determined by the Director using one or a combination of the following methods: 1. Lump Sum. By mutual acceptance of a lump sum proposal from Contractor properly itemized and supported by sufficient substantiating data to permit evaluation. Such proposal shall be based solely on Allowable Costs, as defined in Subparagraph 6.06-C, and Allowable Mark-Ups, as defined in Subparagraph 6.06-E, and shall not include any costs or expense that is not permitted by the terms of any provision of the Contract Documents. 2. Unit Prices. By unit prices contained in Contractor'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 shall be deemed to include and encompass all Allowable Markups. 3. Time and Materials, By calculating the actual Allowable Costs directly incurred, plus a sum for Allowable Mark-Ups on such Allowable Costs. Deletion of Work. By Unit Prices contained in Contractor's original Bid and incorporated in the Contract Documents, or by using the Schedule of Values to determine the value of the decrease of the Contract Sum, less the value of any Work performed, plus a reasonable percentage of the decrease for the Contractor's saved overhead unless the Schedule of Values allocates general conditions costs to individual line items, in which case no percentage of the decrease shall be added. When a change consists of both addition and deletion of Work, the added costs and deleted costs shall be calculated separately, and then added together, resulting in the net cost for the change. The Allowable Mark-Up shall be applied to this net cost. B. Contractor Maintenance of Daily Records for Changes In the event that Contractor is directed to perform any Extra Work, or should Contractor encounter conditions which the Contractor believes would obligate the City to adjust the Contract Sum and/or the Contract Time, Contractor shall maintain detailed records of the cost of such changes on a daily basis summarized in a daily report supplemented by back-up records. Such records shall include without limitation: a. Labor. At the close of each day on which such Extra Work is performed, Contractor shall submit an Extra Work labor report, on forms provided by Director, to Director that sets forth a list of the actual hours spent in performing the Extra Work, that clearly differentiates between the labor expended on the Extra Work and other Work, and the Allowable Costs for such Extra Work performed that day showing the names of workers, their classifications, hours worked and hourly rates. Materials, Equipment. A list of Allowable Costs of materials and equipment consumed in the performance of the Extra Work on the day on which such Extra Work is performed, together with copies of applicable delivery tickets and unit prices for all materials and for all equipment used the type of equipment, identification number, hours of operation (including loading and transportation) and hourly/daily rates involved for that day. 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. In the event that more than one change to the Work is performed by the Contractor in a calendar day, Contractor shall maintain separate records of labor, construction equipment, materials, and equipment for each such change. In the event that any Subcontractor of any tier shall provide or perform any portion of any change to the Work, Contractor shall require that each such Subcontractor maintain records in accordance with this Section. 3. Each daily record maintained hereunder shall be signed by Contractor; such signature shall be deemed Contractor's representation and warranty that all information contained therein is true, accurate, complete, and relates only to the change referenced therein. All records maintained by Subcontractors of any tier, relating to the costs of a change in the Work shall be signed by such Subcontractor's authorized project manager or superintendent. All such records shall be forwarded to the Director on the day the Work is performed (same day) for independent verification. The Director shall attempt to review and reconcile costs for changes on a daily basis. Records not available on the day on which the Extra Work is performed, such as, but not limited to, material invoices, shall be submitted as soon as they are available but not later than five (5) calendar days after the earlier of the day of delivery or incorporation of the particular item of 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. In 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 Time, if any, on account of any change to the Work may be deemed waived for that day. Contractor's obligation to maintain back-up records hereunder is in addition to, and not in lieu of, any other Contractor obligation under the Contract Docu~l~ents with respect to changes to the Work. 5. Waiver by 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. C. Allowable Costs The term "Allowable Costs" shall mean in the case of Extra Work actual costs incurred by Contractor and/or any Subcontractor, regardless of tier, and necessarily involved in direct performance of the Extra Work, or in the case of deleted work the actual costs that would have been incurred in performing deleted work by Contractor and/or any Subcontractor, regardless of tier, and shall be limited to the following costs: Labor. Straight-time wages or salaries, and overtime wages and salaries specifically authorized by City in writing, for employees employed at the site, or at fabrication sites off the site, in the direct performance of the Extra Work or that would have been incurred in the direct performance of the deleted work, based on the actual cost for wages prevailing locally for each craft or type of workers at the time the Extra Work is done or the deleted work is ordered eliminated. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The use of labor classification which would increase the Allowable Cost for Extra Work will not be permitted unless Contractor establishes the necessity for such additional costs. 2. Benefits. Payroll taxes, insurance, health and welfare, pension, vacation, apprenticeship funds and benefits required by lawful collective bargaining agreements for employees on straight-time wages or salaries, and on overtime wages and salaries specifically authorized by City in writing, for employees employed at the site, or at fabrication sites off the site, in the direct performance of the Extra Work or that would have been incurred in the direct performance of the deleted work. Materials, Consumables, Costs of materials and consumable items which are furnished and incorporated into the Work, as approved by City, or that would have been incorporated into the Work in the case of deleted work shall be at the lowest price available to Contractor but in no event shall such costs exceed competitive wholesale prices obtainable from other Subcontractors, suppliers, manufacturers and distributors in the general vicinity of the site. If City determines, in its discretion, that the cost of materials is excessive, or if Contractor fails to furnish satisfactory evidence of the cost from the actual supplier thereof, then in either case the cost of the materials shall be deemed to be the lowest wholesale price at which similar materials are available in the quantities required at the time they were needed. The City reserves the right to furnish such materials as it deems advisable, and Contractor shall have no claim for costs or profits on materials so furnished. Material invoices must be included with the extra work report to obtain payment. 4. Taxes. Sales taxes on the costs of materials and consumable items described in Paragraph 5.04-C.3 above. Tool, Equipment Rental. Rental charges for necessary machinery and equipment, whether owned or hired, as authorized in writing by City, exclusive of hand tools, used directly in the performance of the Extra Work or that would have been used in the direct performance of the deleted work. Regardless of ownership, such rental charges shall not exceed the hourly rate derived from the most recently published "Rental Rate Blue Book for Construction Equipment" or the "Rental Rate Blue Book for Older Construction Equipment," as published by K-111, San Jose, California, which is in effect at the time of commencement of the changed work. The Contractor shall attach a copy of the rate schedule to the daily reports required by Paragraph 6.06-B, above. The charges for any machinery and equipment shall cease when the use thereof is no longer necessary for the Extra Work or deleted work. No charge shall be allowed for use of equipment or tools which have a replacement value of $500 or less. The allowable rental rates shall include the cost of fuel, power oil, lubrication, supplies, small tools, necessary attachments, loading, transportation, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Notwithstanding the provisions of Paragraph 6.06-E below, no mark-up shall be allowed for overhead, profit or bond premiums for use of equipment if the equipment is supplied by an equipment rental firm. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to City than holding it at the Site, it shall be returned, unless Contractor elects to keep it at the Site at no expense to City. 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 of such equipment and to return it to the source. If such equipment is not moved by its own power, then loading and transportation will be allowed. Neither moving time nor loading and transportation costs will be paid if the equipment is for use on the Project unrelated to the Extra Work. All equipment shall be acceptable to City, in good working condition, and suitable for the purpose for which it is to be used. Royalties. Additional or saved costs of royalties due to the performance of the Extra Work or deleted work. 7. Insurance, Bonds. Additional or saved costs of insurance and bonds, provided, however, that for Extra Work such costs shall not exceed one percent (1%) of Items 1 through 6 above. D. Costs Not Allowed Allowable Costs shall not include any of the following: 1. Wages, salaries, fringe benefits and payroll taxes of Contractor's and all Subcontractor's non- craft labor (above a Foreman level); 2. Overhead (including home office overhead), administrative or general expenses of any kind including engineering, estimating, scheduling, drafting, detailing, etc., incurred in connection with Extra Work; 3. Vehicles not dedicated solely for the performance of the extra of deleted work; 4. Small tools (replacement value not exceeding $500); 5. Office expenses, including secretarial and administrative staff, materials and supplies; 6. On-site and off-site trailer and storage rental and expenses; 7. Site fencing; 8. Utilities, including gas, electric, sewer, water, telephone, telefax, copier equipment; 9. Computer and data processing personnel, equipment and software; 10. Federal, state of local business income and franchise taxes; 11. Losses of efficiency or productivity; and 12. Costs and expenses of any kind or item not specifically and expressly included in Paragraph 6.06-C. E. Allowable Mark~Up 1. If the Net Cost of Extra Work is less than or equal to $25,000, the Allowable Mark-Up shall be computed as follows: (a) For Extra Work performed directly by the Contractor's forces, the added cost for all expenses of overhead, profit, bond and insurance ("Allowable Mark-Up")shall not exceed fifteen percent (15%) of the net cost of the Extra Work. (b) For Extra Work performed by a Subcontractor, the added cost of combined expenses, Allowable Mark-Up for Contractor and all Subcontractors) shall not exceed twenty (20%) of the net cost of all Subcontractor(s)'s Extra Work. 2. If the net cost of Extra Work is greater than $25,000 and less than or equal to X100,000, the Allowable Mark-up shall be computed as follows: (a) For Extra Work performed directly by the Contractor's forces the added cost for Allowable Mark-Up shall not exceed twelve (12%) of the net cost of the Extra Work. (b) For Extra Work performed by a Subcontractor, the added cost of combined expenses for Allowable Mark-Up for Contractor and all Subcontractors) shcll not exceed seventeen (17%) of the net cost of all Subcontractor(s)'s Extra Work. 3. If the net cost of Extra Work is greater than $100,000, the Allowable Mark-up shall be computed as follows; (a) For Extra Work performed directly by the Contractor's forces the added cost for Allowable Mark-Up shall not exceed ten percent (10%) of the net cost of the Extra Work. (b) For Extra Work performed by a Subcontractor, the added cost of combined expenses for Allowable Mark-Up for Contractor and all Subcontractors) shall not exceed fifteen (15%) of the net cost of all Subcontractor(s)'s Extra Work. Net Allowable Costs If 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 difference between the two amounts. 6.07 CITY ORIGINATED REQUEST FOR ITEMIZED CHANGE ORDER PROPOSAL REQUEST City may issue a Construction Change Directive or other written request to Contractor describing a proposed change to the Work and requesting the Contractor submit an itemized change order proposal in a format acceptable to City within ten (10) calendar days after City issues the request. The Contractor's change order proposal shall include an analysis of impacts to cost and time, if any, to perform additional work, change Work or delete Work, as applicable, including the effects and impacts, if any, on unchanged Work, estimates of costs (broken down by the cost categories listed in this Paragraph), and Contractor's proposed methods to minimize costs, delay, and disruption to the performance of the Work. If Contractor fails to submit a written change order proposal within such period of time, it shall be presumed that the change described in the City's original proposal request will not result in an increase to the Contract Sum or Contract Time and the change shall be performed by Contractor without additional compensation to Contractor. City's request for itemized change order proposal request does not authorize the Contractor to commence performance of the change. If City desires that the proposed change be performed, the Work shall be authorized according to the Change Order or Construction Change Directive procedures set forth herein. 6.08 CONTRACTOR ORIGINATED CHANGE ORDER REQUEST (CORD If the Contractor believes that instructions issued by the City after the effective date of the Contract will result in changes to the Contract Sum or Contract Time or if the Contractor otherwise becomes aware of the need for or desirability of a change in the Work, Contractor may submit a written Change Order Request ("COR") to the City in writing, in a format acceptable to City and in accordance with the notice provisions and other requirements of Article 7 below for Claims. The COR must specify the reasons for the proposed change, cost impacts and relevant circumstances and impacts on the Construction Schedule. The document shall be complete in its description of the Work, its material and labor quantities and detail, and must 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 Contractor. The City will not review any COR which is incomplete. The Contractor may request additional compensation and/or time through a COR but not for instances that occurred more than ten (10) calendar days prior to the notice date. Contractor's failure to initiate a COR within this ten-day period or to provide detailed back-up documentation to substantiate the COR within thirty (30) calendar days of the initial written notice shall be deemed a waiver of the right to adjustment of the Contract Sum or the Contract Time for the alleged change. Any COR that is approved by the City shall be incorporated in a Change Order or Construction Change Directive. If the COR is denied but the Contractor believes that it does have merit, the Contractor shall proceed with the disputed Work and may submit a Claim in accordance with the procedures set forth herein. 6.09 ISSUANCE OF WORK DIRECTIVE (UNILATERAL). In the event of a dispute as to whether or not Extra Work is required, City shall have the right to unilaterally issue a Work Directive; Contractor shall continue performance of disputed Work pending resolution and shall maintain and submit to City all accounting and cost data necessary to substantiate Contractor's cost of such disputed Work. [END OF ARTICLE] ARTICLE 7 -CONTRACT PAYMENTS AND CLAIMS 7.01 GENERAL A. Payment will be made at the price for each item listed on the bidding form or as Extra Work as provided in the General Conditions. B. Initial progress payment will not be made prior to approval by the Director of the Schedule of Values, the Construction Progress Schedule, and the Schedule of Submittals. C. No subsequent progress payment will be made prior to receipt by the Director of the monthly revision of the Construction Progress Schedule, 7.02 SCHEDULE OF VALUES FOR PAYMENTS A. Submission Upon City's request, the three (3) lowest bidders shall complete and submit a Preliminary Schedule of Values, within seven (7) calendar days. In addition, Contractor shall complete and furnish within seven (7) calendar days after receiving the Notice of Award of the Construction Contract a Final Schedule of Values giving a complete breakdown of the Contract Sum for each component of the Work. B. Content The Schedule of Values shall be in sufficient detail as the Director may, in its discretion, deem necessary to evaluate progress at any point in the performance of the Work. Unless otherwise specified in the Contract Documents, the Schedule of Values shall include, without limitation, a breakdown of the general categories of Subcontractor work, direct overhead, profit and contingency, and a further breakdown of the general categories of Subcontractor work into separate trade line items of costs for Subcontractor services, labor and material, which is based on actual Subcontractor contract, subcontract, purchase order or vendor prices. If requested by Director, Contractor shall revise the Schedule of Values to allocate sums for Contractor overhead, profit and/or contingency among the individual line items for trade portions of the Work. No amounts shall be reflected in the Schedule of Values or Application for Payment for Extra Work or Deleted Work for which a Change Order has not been executed by Contractor and City or for which a Construction Change Directive has not been issued by City. Amounts that have been mutually agreed to by Change Order or unilaterally determined by City pursuant to a Construction Change Directive shall be segregated from the cost of the base Contract Work and separately listed by line item in the Schedule of Values. The Schedule of Values must be prepared in sufficient detail and supported by sufficient data to substantiate its accuracy as the Director may require. C. Applications for Payment The Schedule of Values, when approved by the Director, shall be used as a basis for Contractor's Applications for Payment and may be considered as fixing a basis for adjustments to the Contract Sum. D. Revisions f, 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 Director's approval. 7.03 APPLICATIONS FOR PAYMENT A. Marked Schedule of Values Five (5) Days prior to the date set forth in Paragraph 7.03-B below for the monthly progress payment meeting, Contractor shall submit to Director a copy of the proposed Schedule of Values, marked to show the percentage of completion certified by Contractor for each line item in the Schedule of Values, including any stored materials approved for payment by City pursuant to Paragraph 7.03-D, below and any withholdings from Contractor proposed by Director. B. Monthly Review For the purpose of expediting the progress payment procedure, Contractor shall meet with the Director on or before the twentieth (20th) day of each month to review the Contractor's marked Schedule of Values prepared in accordance with Paragraph 7.03-A, above. The Director shall revise as appropriate and sign the marked Schedule of Values to verify such review. If any item in the marked Schedule of Values submitted for payment is disputed during this review, Contractor agrees to use its best efforts to resolve the disputed items with the Director before submitting its Application for Payment. If the Director and Contractor cannot agree, then the percentage completion shall be established at such percentage as the Director, in good faith, determines is appropriate to the actual progress of the Work. No inaccuracy or error in the Director's good faith estimate shall operate to release Contractor or Surety from any responsibility or liability arising from or related to performance of the Work. The Director shall have the right subsequently to correct any error and dispute any item submitted in Contractor's Application for Payment, regardless of whether an item was identified as disputed in the review process provided for herein. C. Certification Each Application for Payment shall be signed and certified by Contractor under penalty of perjury to City that: 1. the data comprising the Application for Payment is accurate and the Work has progressed to the point indicated; 2. to the best of Contractor's knowledge, information and belief, the Work is in accordance with the Contract Documents; 3. Contractor is entitled to payment in the amount certified; and 4. all sums previously applied for by Contractor on account of Work performed by Subcontractors and that have been paid by City have been paid to the Subcontractors performing such Work, without any retention, withholding or backcharge by Contractor. D. Stored Materials Payments may be made by City, at its discretion, on account of materials or equipment not incorporated into the Work but delivered on the ground at the Site and suitably stored by Contractor or stored off-Site under the control of City. Such payments shall only be considered upon submission by Contractor of satisfactory evidence that it has acquired title to same, that the material or equipment will be utilized in the Work and that the material is satisfactorily stored, protected and insured, and that such other procedures are in place satisfactory to City to protect City's interests. To be considered for payment, materials or equipment stored off-Site shall, in addition to the above requirements and unless otherwise specifically approved by City in writing, be stored in a bonded warehouse, fully insured, and available to City for inspection. City shall have sole discretion to determine the amount of material and equipment that may be stored on the Site at any given time. 7.04 PROGRESS PAYMENTS A. Conditions to Progress Payments Contractor shall submit its Application for Payment to the Director, using such forms as required by City, once a month on or before the first (1st) Day of the month following the month in which the Work that is the subject of such Application for Payment was performed. Without limitation to any other provisions of the Contract Documents, the following shall be conditions precedent to a proper submission and to the Director approval of each Application for Payment: 1. submission of a Schedule of Values that reflects the percentages of completion either agreed to or determined by Director in accordance with Paragraph 7.03-B, above; 2. submission of the Contractor's certification required by Paragraph 7.03-C, above; 3. submission of conditional releases of stop notice, if any, and bond rights upon progress payment, complying with California Civil Code Section 8132, for all Work performed during the time period covered by the current Application for Payment, signed by Contractor, its Subcontractors of every tier, and all material suppliers to each, and (2) forms of unconditional release of stop notice and bond rights upon progress payment, complying with California Civil Code Section 8134 for all Work performed during the time period covered by the previous Application for Payment, signed by Contractor, its Subcontractors of every tier and all material suppliers to each; 4. compliance by Contractor with its obligation for maintenance of As-Builts as required by the Contract Documents; 5. compliance by Contractor with its obligation for submission of monthly and daily reports as required by the Contract Documents; 6. compliance by Contractor with its obligations for submission of scheduling information and updating of the Construction Schedule as required by Article 4, above and other provisions of the Contract Documents pertaining to preparation or updating of schedule information; 7. submission of certified payroll records as required by the Contract Documents; 8. submission of certifications by Contractor and each Subcontractor as required by applicable collective bargaining agreements certifying that all employee benefit contributions due and owing pursuant to any applicable collective bargaining agreement have been paid in full; and 9. compliance by Contractor with all of its other obligations for submission of documentation or performance of conditions which, by the terms of the Contract Documents, constitute conditions to Contractor's right to receive payment for Work performed. B. Payments by City Pursuant to California Public Contract Code Section 20104.50, City shall make progress payment of undisputed sums due within thirty (30) Days after receipt by Director of an undisputed and properly submitted Application for Payment, calculated on the basis of ninety-five percent (95%) of value determined pursuant to Paragraph 7.03-B above of the following: 1. the portion of the Work permanently installed and in place; 2. plus, the value of materials delivered on the ground or in storage as approved by City pursuant to Paragraph 7.03-D, above, 3. less, the aggregate of previous payments, and 4. less, any other withholdings authorized by the Contract Documents. C. Rejection by City Any Application for Payment determined not to be undisputed, proper and suitable for payment shall be returned to Contractor as soon as practicable, but not later than seven (7) Days, after receipt by City accompanied by a written explanation of the reasons why the payment request was rejected. Failure by City or Director to either timely reject an Application for Payment or specify any grounds for rejection shall not constitute a waiver of any rights by City. Applications for Payment that are rejected shall be corrected and resubmitted within seven (7) Days after receipt by Contractor. D. Interest If City fails to make a progress payment to Contractor as required by Paragraph 7.04-B, above, City shall pay interest to Contractor equivalent to the legal rate set forth in subdivision (a) of California Code of Civil Procedure Section 685.010. The number of Days available to City to make payment pursuant to Paragraph 7.04-B, above without incurring interest pursuant to this Paragraph shall be reduced by the number of Days by which City exceeds the seven (7) Day return requirement applicable to City as set forth in Paragraph 7.04-C, above. 7.05 FINAL PAYMENT A. Retention In addition to withholdings permitted by Paragraph 7.09 below, a sum equal to five percent (5%) of all sums otherwise due to Contractor as progress payments shall be withheld by city pursuant to Paragraph 7.04-B from each progress payment ("Retention")and retained until such time as it is due as described herein. A higher Retention amount may be approved by the City Council where project is deemed "substantially complex" by City Council. B. Conditions to Final Payment Contractor shall submit its Application for Final Payment, using such forms as required by Director, prior to requesting a final inspection of the Work in accordance with Paragraph 3.06 above. Such Application for Final Payment shall be accompanied by all the following: 1. an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Project for which City or City's property or funds might be liable have been paid or otherwise satisfied; 2. Contractor's certification as 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 California Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all material suppliers of each, covering the final payment period; 6. Unconditional Waiver and Release Upon Progress Payment in the form required by California Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all material suppliers of each, covering the previous payment period; 7. all Record Documents (including, without limitation, complete and accurate As-Built drawings which shall be kept up to date during the performance of the Work); 8. documentation that Contractor has inspected, tested, and adjusted performance if every system or facility of the Work to ensure that overall performance is in compliance with the terms of the Contract Documents; four (4) copies of all warranties from vendors and Subcontractors, operation and maintenance manuals, instructions and related agreements, and equipment certifications and similar documents; 10. certifications by Contractor and each Subcontractor as required by applicable collective bargaining agreements that all employee benefit contributions due and owing pursuant to any applicable collective bargaining agreement have been paid in full; 11. releases of rights and claims relating to patents and trademarks, as required by the Contract Documents; and 12. any other documents or information required by the Contract Documents as a condition of Fina Payment or Final Completion. C. Final Payment Pursuant to the Public Contract Code Section 7107, within sixty (60) Days after City issues the Notice of Completion to Contractor, the Final Payment, including Retention, shall be released to Contractor, subject to the City's right to withhold 150% of any disputed amounts. D. Disputed Amounts Pursuant to California Public Contract Code 7107, City may deduct and withhold from the Final Payment due under Paragraph 7.05-C, above, an amount up to 150% of any disputed amounts, including, without limitation, amounts to protect City against any loss caused or threatened as a result of Contractor's failing to fully perform all of those obligations that are required to be fulfilled by Contractor as a condition to Final Completion and Final Payment. Alternatively, 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. E. Acceptance of Final Payment Acceptance of Final Payment by Contractor shall constitute a waiver of all rights by Contractor against City for recovery of any loss, excepting only those Claims that have been submitted by Contractor in the manner required by the Contract Documents prior to or at the time of the Final Payment. 7.06 MISCELLANEOUS A. Joint Payment City shall have the right, if deemed necessary in its sole discretion, to issue joint checks made payable to Contractor and any Subcontractors) of any Tier. The joint check payees shall be solely responsible for the allocation and disbursement of funds included as part of any such joint payment. Endorsement on such check by a payee shall be conclusively presumed to constitute receipt of payment by such payee. In no event shall any joint check payment be construed to create any contract between City and a Subcontractor of any Tier, any obligation from City to such Subcontractor or any third party rights against City or Director. B. Withholding/Duty to Proceed The payment, withholding or retention of all or any portion of any payment claimed to be due and owing to Contractor shall not operate in any way to relieve Contractor from its obligations under the Contract Documents. Contractor shall continue diligently to prosecute the Work without reference to the payment, withholding or retention of any payment. The partial payment, withholding or retention by City in good .faith of any disputed portion of a payment, whether ultimately determined to be correctly or incorrectly asserted, shall not constitute a breach by City of the Construction Contract and shall not be grounds for an adjustment of the Contract Sum or Contract Time. C. No Acceptance No payment by City or partial or entire use of the Work by City shall be construed as approval or acceptance of the Work, or any portion thereof. D. Contractor Payment Warranty Submission of an Application for Payment shall constitute a representation and warranty by Contractor that: 1, Title to Work covered by an Application for Payment will pass to City either by incorporation into the construction or upon receipt of payment by Contractor, whichever occurs first; and 2. Work covered by previous Applications for Payment are free and clear of liens, stop notices, claims, security interests or encumbrances imposed by the Contractor or any other person. E. Corrections No inaccuracy or error in any Application for Payment provided by Contractor shall operate to release Contractor from the error, or from losses arising from the Work, or from any obligation imposed by the Contract Documents. City retains the right to subsequently correct any error made in any previously approved Application for Payment, or progress payment issued, by adjustments to subsequent payments. 7.07 PAYMENTS BY CONTRACTOR Contractor shall not include in its Applications for Payment sums on account of any Subcontractor's portion of the Work that it does not intend to pay to such Subcontractor. Upon receipt of payment from City, Contractor shall pay the Subcontractor performing Work on the Project, out of the amount paid to Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled in accordance with the terms of its contract with Contractor and applicable laws, including, without limitation, California Public Contract Code Section 7107. Contractor shall remain responsible notwithstanding awithholding by City pursuant to the terms of these Contract Documents, to promptly satisfy from its own funds sums due to all Subcontractors who have performed Work that is included in Contractor's Application for Payment. Contractor shall, by appropriate agreement, require each Subcontractor to make payments to its subcontractors and material suppliers in similar manner. City shall have no obligation to pay or be responsible in any way for payment to a Subcontractor of any tier or material supplier. 7.08 PAYMENTS WITHHELD A. Withholding by City In addition to any other amounts which City may have the right to retain under the Contract Documents, City may withhold a sufficient amount of any payment otherwise due to Contractor as City, in its sole discretion, may deem necessary to cover actual or threatened loss due to any of the following: 1. Third Party Claims. Third-party claims or stop notices filed or reasonable evidence indicating probable filing of such claims or stop notices. City shall promptly inform Contractor of any third party claims related to this Contract; 2. Defective Work. Defective Work not remedied; 3. Nonpayment. Failure 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 Contract Time; 5. Violation of Applicable Laws. Failure of Contractor or its Subcontractors to comply with applicable laws or lawful orders of governmental authorities; 6. Penalty, Any claim or penalty asserted against City by virtue of Contractor's failure to comply with applicable laws or lawful 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 offset or set off or that would legally entitle City to a set-off or recoupment; 9. Consultant Services. Additional professional, consultant or inspection services required due to Contractor's failure to comply with the Contract Documents; 10. Liquidated Damages. Liquidated damages assessed against Contractor; 11, Materials. Materials ordered by City pursuant to the Contract Documents; 12. Damages. Loss caused by Contractor or Subcontractor to City, Separate Contractors or any other person or entity under contract to City; 13. Clean Up. Clean up performed by City and chargeable to Contractor pursuant to the Contract Documents; 14. Employee Benefits. Failure of Contractor to pay contributions due and owing to employee benefits funds 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, without limitation, Construction Schedule updates, `look ahead' schedules, Submittals, Schedules of Values, information on Subcontractors, Change Orders, certifications and other required reports or documentation; and 16. Other Breach. A breach of any obligation or provision of the Contract Documents. B. Release of Withholding If and when City determines, in its sole discretion, that the above grounds for withholding have been removed and that all losses incurred or threatened have been paid, credited or otherwise satisfied, then payment shall be made for amounts withheld because of them. C. 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 liable to Contractor for such payments made in good faith. City shall submit to Contractor an accounting of such funds disbursed on behalf of Contractor. As an alternative to such payment, city may, in its sole discretion, elect to exercise its right to adjust the Contract Sum as provided in the Contract Documents. D. Continuous Performance Provided City pays the undisputed portion, if any, of funds withheld in good faith, Contractor shall maintain continuous and uninterrupted performance of the Work during the pendency of any disputes or disagreements with City. 7.09 SUBSTITUTION OF SECURITIES A. Public Contract Code Pursuant to the requirements of California Public Contract Code Section 22300, upon Contractor's request, City will make payment to Contractor of any funds withheld from payments to ensure performance under the Contract Documents if Contractor deposits with City, or in escrow with a California or federally chartered bank in California acceptable to City ("Escrow Agent"), securities eligible for the investment of State Funds under Government Code Section 16430, or bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City, upon the following conditions: 1. Contractor shall be the beneficial owner or any securities substituted for monies withheld for the purpose of receiving any interest thereon. 2. All expenses relating to the substitution of securities under Public Contract Code Section 22300 and under this Paragraph 7.04, including, but not limited to City's overhead and administrative expenses, and expenses of Escrow Agent shall be the responsibility of Contractor. 3. Securities or certificates of deposit substituted for monies withheld shall be of a value of at least equivalent to the amounts of retention to be paid to Contractor pursuant to the Contract Documents. 4. If Contractor chooses to deposit securities in lieu of monies withheld with an Escrow Agent, Contractor, City and Escrow Agent shall, as a prerequisite to such deposit, enter into an escrow agreement, using the City's form, "Escrow Agreement for Deposit of Securities in Lieu of Retention." 5. Contactor shall obtain the written consent of Surety to such agreement. 6. Securities, if any, shall be returned to Contractor only upon satisfactory Final Completion of the Work. B. Substitute Security To minimize the expense caused by such substitution of securities, Contractor shall, prior to or at the time Contractor requests to substitute security, deposit sufficient security to cover the entire amount to be withheld. Should the current market value of such substituted security fall below the amount for which it was substituted, or any other amounts which the City withholds pursuant to the Contract Documents, Contractor shall immediately and at Contractor's expense and at no cost to City deposit additional security qualifying under Public Contract Code Section 22300 until the current market value of the total security deposited is no less than the amount subject to withholding under the Contract Documents. Securities shall be valued as often as conditions of the securities market warrant, but in no case less frequently than once per month. C. Deposit of Retentions Alternatively, subject to the conditions set forth in Paragraph 7.04-A above, upon request of Contractor, City shall make payment of retentions directly to Escrow Agent at the expense of Contractor, provided that Contractor, City and Escrow Agent shall, as a prerequisite such payment, enter into an escrow agreement in the same form as prescribed in Part 4 of Paragraph A, above. At the expense of Contractor and at no cost to City, Contractor may direct the investment of the payments into securities and interest bearing accounts, and Contractor shall receive the interest earned on the investments. Escrow Agent shall hold such direct payments by City under the same terms provided herein for securities deposited by Contractor. Upon satisfactory Final Completion 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. D. Time for Election of Substitution of Securities Notwithstanding the provision of 7.04 A, B, and C above and California Public Contract Code Section 22300, the failure of Contractor to request the Substitution of eligible securities for monies to be withheld by City within ten (10) days of the award of Contract to Contractor shall be deemed to be a waiver of all such rights. 7.10 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 Contractor's Change Order Request. Other Claims. In the case of a Claim by Contractor that does not involve an adjustment to the Contract Sum or Contract Time due to a scope change and which has not become final, the Claim may be asserted if, and only if, Contractor gives written notice to City of intent to file the Claim within three (3) days of the date of discovery relative to such circumstances (even if Contractor has not yet been damaged or delayed). Such written notice of intent to file a Claim shall be valid if, and only if, it identifies the event or condition giving rise to the Claim, states its probable effect, if any with respect to Contractor's entitlement to an adjustment of the Contract Sum or Contract Time and complies with the requirements of Paragraph 7.11-B, below. For purposes of this Paragraph 7.11, a Claim for which such written notice is required and has been given by Contractor shall be deemed to arise on the date that such written notice is received by City. B. Content of Claim A Claim by Contractor must include all of the following: 1. A statement that it is a Claim and a request for a decision on the Claim; 2. A detailed description of the act, error, omission, unforeseen condition, event or other circumstance giving rise to the Claim. 3. If the Claim involves an adjustment to the Contract Sum or Contract Time due to a change in scope, a statement demonstrating that all requisite notices were provided, including, without limitation, timely written notice and a Change Order Request as required by Article 6 of these General Conditions and timely notice of delay and request for extension of time in accordance with Article 3. If the Claim does not involve an adjustment to the Contract Sum or Contract Time due to a change in scope, a statement demonstrating that a notice of intent to file the Claim was timely submitted as required by Paragraph 7.10-A.2, above; 4. A detailed justification for any remedy or relief sought by the Claim including without limitation, a detailed cost breakdown in the form' required for submittal of Change Order Requests and actual job cost records demonstrating that the costs have been incurred; 5. If the Claim involves a request for adjustment of the Contract Time, written documentation demonstrating that Contractor has complied with the requirements of the Contract Documents and written substantiation (including, without limitation, a Time Impact Analysis) demonstrating that Contractor is entitled to an extension of time under the Contract Documents; and 6. A written certification signed by a managing officer of Contractor's organization, who has the authority to sign contracts and purchase orders on behalf of Contractor and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certification, in the 'following form: "I hereby certify under penalty of perjury that I am a managing officer of (Contractor's name) and that I have reviewed the Claim presented herewith on Contractor's behalf and/or on behalf of (Subcontractor's name) and that, to the best of my knowledge after conducting a diligent inquiry into the facts of the Claim, the following statements are true and 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 of any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim materially misleading; and, (b) I have, with respect to any request for money or damages alleged in or that forms the basis for 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 respect to any request for extension of time or claim of delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules (including those maintained by Contractor and the Subcontractor, of any tier, that is asserting all or any portion of the Claim) and confirmed on an event-by-event basis that the delays or disruption suffered by Contractor and/or such Subcontractor were in fact experienced for the durations, in the manner, and with the consequent effects on the time and/or sequence of performance of the Work, as alleged in the Claim; and, (d) I have not received payment from City for, nor has Contractor previously released City from, any portion of the Claim," Signature: Date: Name: Title: Company C. Noncompliance Failure to submit any of the information, documentation or certifications required by Paragraph 7.10- B, above, shall result in the Claim being returned to Contractor without any decision. D, Submission of Claims 1. Director. Claims shall be first submitted to the City for decision by the Director. Continuous Work. Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by City, Contractor shall not delay, slow or stop performance of the Work, but shall diligently proceed with performance in accordance with the Contract Documents and City will continue, to make undisputed payments as by the Contract Documents. 3. Time for Filing. All Claims and supporting documentation and certifications must be filed within thirty (30) days after the Claim arises. No Claims shall be filed after Final Payment. 4. Conditions Precedent. No Claim may be asserted unless Contractor has strictly complied with the requirements of this Paragraph 7.10-D, which shall be considered conditions precedent to Contractor's right to assert the Claim and to initiate the Dispute Resolution Process with respect to such Claim. E. Response to Claims, Meet and Confer Claims less than $50,000. Claims less than $50,000 shall be responded to by City in writing within forty-five (45) days of receipt of the Claim, unless City requests additional information or documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City shall respond to the Claim within fifteen (15) days after receipt of the further information or documentation or within a period of time no greater than that taken by Contractor in producing the additional information or documentation, whichever is greater. Claims $50,000 or more. Claims $50,000 or more shall be responded to by City in writing within (60) days of receipt of the Claim, unless City requests additional information or documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City shall respond to the Claim within thirty (30) days after receipt of the further information or documentation or within a period of time no greater than that taken by Contractor in producing the additional information or documentation, whichever is greater. Meet and Confer. If Contractor disputes City's response, or if City fails to respond within the prescribed time set forth in Paragraph 7.10-E.1 and 7.10-E.2, above, Contractor may so notify City, in writing, within fifteen (15) days of City's response, or within fifteen (15) days of City's response due date in the event of a failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon such demand, City shall schedule a meet and confer conference within thirty (30) days of such demand, for discussion of settlement of the dispute. Finality of Decision If Contractor disputes the Director's decision under this Article, it shall commence the Dispute Resolution Process as set forth in Article 15 of these General Conditions by filing a Statement of Dispute within seven (7) days after receipt of the Director's response. G. Continuing Contract Performance/Duty to Proceed with Disputed Work Contractor shall not delay or postpone any Work pending resolution of any claims, disputes or disagreements. Pending final resolution of a claim, the Contactor shall proceed diligently with performance of the Contract and the City shall continue to make payments for undisputed Work in accordance with the Contract Documents. In the event of disputed Work, City shall have the right to unilaterally issue a Work Directive and Contractor shall continue performance pending resolution of the dispute and shall maintain the accounting and cost data to substantiate the cost of such disputed work. [END OF ARTICLE ARTICLE 8 -MATERIALS AND EQUIPMENT 8.01 GENERAL A. The Contractor shall furnish all materials and equipment needed to complete the Work and installations required under the terms of this Contract, except those materials and equipment specified to be furnished by the City. B. The Contractor shall submit satisfactory evidence that the materials and equipment to be furnished and used in the work are in compliance with the Specifications. Materials and equipment incorporated in the Work and not specifically covered in the Specifications shall be the best of their kind. Unless otherwise specified, ail materials and equipment incorporated in the Work under the Contract shall be new. 8.02 QUALITY AND WORKMANSHIP All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best standard practices. All materials and equipment must be of the specified quality and equal to approved samples, if samples have been required. All Work shall be done and completed in a thorough, workmanlike manner, notwithstanding any omission from the Specifications or Drawings, and it shall be the duty of the Contractor to call attention to apparent errors or omissions and request instructions before proceeding with the Work. The Director may, by appropriate instructions, correct errors and supply omissions, which instructions shall be binding upon the Contractor as though contained in the original Specifications or Drawings. All Work performed under the Specifications will be inspected by the Director as provided in Paragraph 8.04. All materials and equipment furnished and all Work done must be satisfactory to the Director. Work, material, or equipment not in accordance with the Specifications, in the opinion of the Director shall be made to conform thereto. Unsatisfactory materials and equipment will be rejected, and if so ordered by the Director, shall, at the Contractor's expense, be immediately removed from the vicinity of the Work. 8.03 TRADE NAMES AND "OR APPROVED EQUAL" PROVISION Whenever in the Specifications or Drawings the name or brand of a manufactured article is used it is intended to indicate a measure of quality and utility or a standard. Except in those instances where the product is designated to match others in use on a particular improvement either completed or in the course of completion, the Contractor may substitute any other brand or manufacture of equal appearance, quality, and utility on approval of the Director, provided the use of such brand or manufacture involves no additional cost to the City. 8.04 APPROVAL OF MATERIALS A. The Contractor shall furnish without additional cost to the City such quantities of construction materials as may be required by the Director for test purposes. He/she shall place at the Director's disposal all available facilities for and cooperate with him in the sampling and testing of all materials and workmanship. The Contractor shall prepay all shipping charges on samples. No samples are to be submitted with the bids unless otherwise specified. B. Each sample submitted shall be labeled. A letter, in duplicate, submitting each shipment of samples shall be mailed to the Director by the Contractor. Both the label on the sample and the letter of transmittal shall indicate the material represented, its place of origin, the names of the producer and the Contractor, the Specifications number and title, and a reference to the applicable Drawings and Specifications paragraphs. C. Materials or equipment of which samples are required shall not be used on the Work until approval has been given by the Director in writing. Approval of any sample shall be only for the characteristics of the uses named in such approval and no other. No approval of a sample shall be taken in itself to change or modify any Contract requirement. D. Failure of any material to pass the specified tests, including life cycle maintenance data may be sufficient cause for refusal to consider under this Contract, any further sample of the same brand or make of that material. 8.05 ORDERING MATERIALS AND EQUIPMENT One copy of each of the Contractor's purchase orders for materials and equipment forming a portion of the Work must be furnished to the Director, if requested. Each such purchase order shall contain a statement that the materials and equipment included in the order are subject to inspection by the City. Materials and equipment purchased locally will, at the City's discretion, be inspected at the point of manufacture or supply, and materials and equipment supplied from points outside the Los Angeles area will be inspected upon arrival at the job, except when other inspection requirements are provided for specific materials in other sections of the Contract Documents. 8.06 AUTHORITY OF THE DIRECTOR A. On all questions concerning the acceptability of materials or machinery, the classification of materials, the execution of the Work, and conflicting interests of Contractors performing related work, the decision of the Director shall be final and binding. B. The Director will make periodic observations of materials and completed work to observe their compliance with Drawings, Specifications, and design and planning concepts, but he/she is not responsible for the superintendence of construction processes, site conditions, operations, equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of work. 8.07 INSPECTION All materials furnished and work done under this Contract will be subject to rigid inspection. The Contractor shall furnish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining them, as requested by the Director. The Director, or his/her authorized agent or agents, at all times shall have access to all parts of the shop and the works where such materials under his/her inspection is being manufactured or the work performed. Work or material that does not conform to the Specifications, although accepted through oversight, maybe rejected at any stage of the Work. Whenever the Contractor is permitted or directed to do night work or to vary the period during which work is carried on each day, he/she shall give the Director due notice, so that inspection may be provided. Such work shall be done under regulations to be furnished in writing by the Director. 8.08 INFRINGEMENT OF PATENTS The Contractor shall hold and save the City, its officers, agents, servants, and employees harmless from and against all and every demand or demands, of any nature or kind, for or on account of the use of any patented invention, process, equipment, article, or appliance employed in the execution of the Work or included in the materials or supplies agreed to be furnished under this Contract, and should the Contractor, hislher agents, servants, or employees, or any of them, be enjoined from furnishing or using any invention, process, equipment, article, materials, supplies or appliance supplied or required to be supplied or used under this Contract, the Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to the Director. Or in the event that the Director elects, in lieu of such substitution, to have, supplied, and to retain and use, any such invention, process, equipment, article, materials, supplies, or appliances, as may by this Contract be required to be supplied and used, in that event the Contractor shall at his/her expense pay such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its officers, agents, servants, and employees, or any of them, to use such invention, process, equipment, article, materials, supplies, or appliances without being disturbed or in way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse promptly to make the substitution hereinbefore required, or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid, then in that event the Director shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due the Contractor from the City, or recover the amount thereof from him/her and his/her surety, notwithstanding final payment under this Contract may have been made. [END OF ARTICLE] ARTICLE 9 — SUBMI°TT'ALS 9.01 GENERAL A. The Contractor shall submit samples, drawings, and data for the Director's approval which demonstrate fully that the construction, and the materials and equipment to be furnished will comply with the provisions and intent of the Drawings and Specifications. B. Specific items to be covered by the submittals shall include, as a minimum, the following: 1. For structures, submit all shop, setting, equipment, miscellaneous iron and reinforcement drawings and schedules necessary. 2. For conduits, submit a detailed layout of the conduit with details of bends and fabricated specials and furnish any other details necessary. Show location of shop and field welds. 3. For equipment which requires electrical service, submit detailed information to show power supply requirements, wiring diagrams, control and protection schematics, shop test data, operation and maintenance procedures, outline drawings, and manufacturer's recommendation of the interface/interlock among the equipment. 4. For mechanical equipment submit all data pertinent to the installation and maintenance of the equipment including shop drawings, manufacturer's recommended installation procedure, detailed installation drawings, test data and curves, maintenance manuals, and other details necessary. 5. Samples 6. Colors 7. Substitutions 8. Manuals 9. As-built drawings 10. Safety plans required by Article 10 9.02 PRODUCT HANDLING A. Submittals shall be accompanied by a letter of transmittal and shall be in strict accordance with the provisions of this Article. B. Submit priority of processing when appropriate. 9.03 SCHEDULE OF SUBMITTALS A. The Contractor shall prepare and submit a schedule of submittals. The schedule of submittals shall be in the form of a submittal log. Refer to Paragraph 9.12. 9.04 SHOP DRAWINGS A. All shop drawings shall be produced to a scale sufficiently large to show all pertinent features of the item and its method of connection to the Work. B. All shop drawing prints shall be made in blue or black line on white background. Reproductions of City/Contract Drawings are not acceptable, C. The overall dimensions of each drawing submitted to the Director shall be equal to one of the City's standard sheet sizes as listed below. The title block shall be located in the lower right hand corner of each drawing and shall be clear of all line Work, dimensions, details, and notes. Sheet Sizes Height X Width 11" X 81/2" 11"X17•• 24" X 36•• 30" X 42" 9.05 COLORS Unless the precise color and pattern are specified elsewhere, submit accurate color charts and pattern charts to the Director for his/her review and selection whenever a choice of color or pattern is available in a specified product. Label each chart naming the source, the proposed location of use on the project, and the project. 9.06 MANUFACTURERS' LITERATURE Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly show which portions of the contents are being submitted for review. 9.07 SUBSTITUTIONS A. The Contract is based on the materials, equipment, and methods described in the Contract Documents. Any Contractor proposed substitutions are subject to the Director's approval. The Director will consider proposals for substitution of materials, equipment, and methods only when such proposals are accompanied by full and complete technical data, and all other information, including life cycle maintenance data, required by the Director to evaluate the proposed substitution. B. Any requests for substitutions by the Contractor must be made within forty-five (45) calendar days from the Issuance Date on the Notice to Proceed. Otherwise, such requests will not be considered. C. Trade names and "or approved equal" provision as set forth in Paragraph 8.03. 9.08 MANUALS A. When manuals are required to be submitted covering items included in this Work, prepare and submit such manuals in approximately 8-112" X 11"format in durable plastic binders. In addition, manuals shall be submitted in electronic format. Manuals shall contain at least the following: Identification on, or readable through, the front cover stating general nature of the manual. 2. Neatly typewritten index near the front of the manual, furnishing immediate information as to location in the manual of all emergency data regarding the installation. 3. Complete instructions regarding operation and maintenance of all equipment involved. 4. Complete nomenclature of all replaceable parts, their part numbers, current cost, and name and address of nearest vendor of parts. 5. Copy of ail guarantees and warranties issued. 6. Copy of drawings with all data concerning changes made during construction. B. Where contents of manuals include manufacturers' catalog pages, clearly indicate the precise items included in this installation and delete, or otherwise clearly indicate, all manufacturers' data with which this installation is not concerned. 9.09 AS-BUILT DRAWINGS A. When required to be submitted covering items included in this Work, the Contractor shall deliver to the City one complete set of final As-Built hard copy drawings together with a set of AutoCAD drawing files in electronic format showing completed building, "as-built" for City records before the Contract will be accepted by the City. B. The drawings shall be duplicates and at the same size and dimensional scale as the originals. They shall be on a polyester translucent base material with a minimum sheet thickness of .003 inch (.08mm). C. The legibility and contrast of each drawing submitted to the City shall be such that every line, number, letter, and character is clearly readable in a full size blow back from a 35 mm microfilm negative of the drawing. 9.10 SUBMITTALS QUANTITIES A. Submit seven (7) copies of all data and drawings unless specified otherwise. B. Submit all samples, unless specified otherwise, in the quantity to be returned, plus two, which will be retained by the Director. 9.11 IDENTIFICATION OF SUBMITTALS Completely identify each submittal and re-submittal by showing at least the following information: A. Name and address of submitter, plus name and telephone number of the individual who may be contacted for further information. B. Name of project as it appears in the Contract Documents and Specification No. C. Drawing number and Specifications section number other than this section to which the submittal applies. D. Whether this is an original submittal or re-submittal, E. For samples, indicate the source of the sample. 9.12 SCHEDULE OF SUBMITTALS A. Submit initial schedule of submittals within five (5) Working Days after the Issuance Date on Notice to Proceed. B. Submit revised schedule of submittals within five (5) Working Days after date of request from the Director. C. The Director will review schedule of submittals and will notify Contractor that schedule is acceptable or not acceptable within five (5) Working Days after receipt. 9.13 COORDINATION OF SUBMITTALS A. Prior to submittal for the Director's review, use all means necessary to fully coordinate all material, including the following procedures: 1. Determine and verify all field dimensions and conditions, materials, catalog numbers, and similar data. 2. Coordinate as required with all trades and with all public agencies involved. 3. Secure all necessary approvals from public agencies and others and signify by stamp, or other means, that they have been secured. 4. Clearly indicate all deviations from the Specifications. B. Unless otherwise specifically permitted by the Director, make all submittals in groups containing all associated items; the Director may reject partial submittals as not complying with the provisions of the Specifications. 9.14 TIMING FOR SUBMITTALS A. Make all submittals far enough in advance of scheduled dates of installation to provide all required time for reviews, for securing necessary approvals, for possible revision and re-submittal, and for placing orders and securing delivery. B. In scheduling, allow at least 15 Working Days for the Director's review, plus the transit time to and from the City office. C. Manuals shall be submitted prior to performing functional tests. 9.15 APPROVAL BY CITY A. Up to three (3) copies of each submittal, except manuals, schedule of costs for progress payments, and as-built drawings will be returned to the Contractor marked "No Exceptions Taken," "Make Corrections Noted - Do Not Resubmit," or "Make Corrections Noted -Resubmit." Manuals, schedule of costs, and as-built drawings will be returned for re-submittal if incomplete or unacceptable. B. Submittals marked "Approved as Noted" need not be resubmitted, but the notes shall be followed. C. If submittal is returned for correction, it will be marked to indicate what is unsatisfactory. D. Resubmit revised drawings or data as indicated, in five (5) copies. E. Approval of each submittal by the Director will be general only and shall not be construed as: 1. Permitting any departures from the Specifications requirements. 2. Relieving the Contractor of the responsibility for any errors and omissions in details, dimensions, or of other nature that may exist. 3. Approving departures from additional details or instructions previously furnished by the Director. 9.16 CHANGES TO APPROVED SUBMITTALS A. A re-submittal is required for any proposed change to an approved submittal. Changes which require re-submittal include, but are not necessarily limited to, drawing revisions, changes in materials and equipment, installation procedures and test data. All re-submittals shall include an explanation of the necessity for the change. B. Minor corrections to an approved submittal may be accomplished by submitting a "Corrected Copy". [END OF ARTICLE ARTICLE 10 —SAFETY 10.01 PROTECTION OF PERSONS AND PROPERTY A. Contractor's Responsibility: Notwithstanding any other provision of the Contract Documents, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property, during performance of the Work. This requirement will apply continuously and will not be limited to normal working hours. Safety and sanitary provisions shall conform to all applicable Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of these are in conflict, the more stringent requirement shall be followed. B. Sanitary Facilities. The Contractor shall furnish and maintain sanitary facilities by the worksites for the entire construction period. C. Protection of the Public. The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Director, a condition exists which the Contractor has not taken sufficient precaution of public safety, protection of utilities and/or protection of adjacent structures or property, the Director will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the Director, or in the event of an emergency situation, the Director may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the Director, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor. 10.02 PROTECTION FROM HAZARDS A. Trench Excavation Excavation for any trench four (4) feet or more in depth shall not begin until the Contractor has received approval from the Director of the Contractor's detailed plan for worker protection from the hazards of caving ground during the excavation of such trench. Such plan shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during such excavation. No such plan shall allow the use of shoring, sloping or protective system less effective than that required by the Construction Safety Orders of the Division of Occupational Safety and Health, and if such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil or Structural Director in the State of California. B. Confined Spaces Contractor shall comply with all of the provisions of General Industry Safety Orders of the California Code of Regulations. Entry of a confined space shall not be allowed until the Contractor has received approval from the Director of the Contractor's program for confined space entry. Confined space means a space that (1) Is large enough and so configured that an employee can bodily enter and perform assigned Work; and (2) Has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and (3) Is not designed for continuous employee occupancy. Failure to submit a confined space entry program may result in actions as provided in Article 5: "Suspension or Termination of Contract." C. Material Safety Data Sheet Contractor shall comply with all of the provisions of General Industry Safety Orders of the California Administrative Code. The Contractor shall submit to the Director a Material Safety Data Sheet (MSDS) for each hazardous substance proposed to be used, ten (10) days prior to the delivery of such materials to the job site or use of such materials at a manufacturing plant where the Director is to perform an inspection. For materials which are to be tested in City laboratories, the MSDS shall be submitted with the sample(s). Hazardous substance is defined as any substance included in the list (Director's List) of hazardous substances prepared by the Director, California Department of Industrial Relations, pursuant to Labor Code Section 6382. Failure to submit an MSDS for any hazardous substance may result in actions as provided in Article 5, "Suspension or Termination of Contract". 10.03 DIFFERING SITE CONDITIONS A. Differing Site Conditions Defined. The Contractor shall promptly, and before such conditions are disturbed, notify the Director in writing of any Differing Site Conditions. Differing Site Conditions are those conditions, located at the project site or in existing improvements and not otherwise ascertainable by Contractor through the exercise of due diligence in the performance of its inspection obligations in the Contract Documents, encountered by Contractor in digging trenches or other excavations(s) that extend deeper than four feet below the surface of the ground that constitute: 1. Material that the Contractor believes may be material that is hazardous waste as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. 2. Subsurface or latent physical conditions at the site differing materially from those indicated in these Contract Documents. 3. Unknown physical conditions at the site, of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in these Contract Documents. B. Notice by Contractor. If the Contractor encounters conditions it believes constitute Differing Site Conditions, then notice of such conditions shall, before such conditions are disturbed, be promptly reported to the Director followed within twenty-four (24) hours by a further written notice stating a detailed description of the conditions encountered. C. The Director will promptly investigate the conditions and If he/she finds that such conditions do materially differ, or do involve hazardous waste, and do cause an increase or decrease in the Contractor's cost 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. Change Order Request. If Contractor intends to seek an adjustment to the Contract Sum or Contract Time based upon Differing Site Conditions, it must, within ten (10) Days after the Discovery Date relative to such conditions, submit a Change Order Request setting forth a detailed cost breakdown and Time Impact Analysis, in the form required by Article 6 of these General Conditions, of the additional Allowable Costs and Excusable Delay resulting from such Differing Site Conditions. E. Failure to Comgly. Failure by Contractor to strictly comply with the requirements of this Paragraph 10.03 concerning the timing and content of any notice of Differing Site Conditions or request for adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be deemed waiver of any right by the Contractor for an adjustment in the Contract Sum or Contract Time by reason of such conditions. Final Completion. No claim by the Contractor for additional compensation for Differing Site Conditions shall be allowed if asserted after Final Payment. G. In the event of disagreement between the Contractor and the Director whether the conditions do materially differ or whether a hazardous waste is involved or whether the conditions cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any completion date required by the Contract, but shall proceed with all Work to be performed under the Contract Documents. H. The Contractor shall retain all rights provided by, and shall be subject to all requirements of, this Contract which pertain to the resolution of disputes and protests. Contractor Responsibility. Except as otherwise provided in this Paragraph 10.03 for Differing Site Conditions, Contractor agrees to solely bear the risk of additional cost and Delay due to concealed or unknown conditions, surface or subsurface, at the Site or in Existing Improvements, without adjustment to the Contract Sum or Contract Time. 10.04 TRAFFIC REGULATION A. During the performance of the Work the Contractor shall erect and maintain necessary temporary fences, bridges, railings, lights, signals, barriers, or other safeguards as shall be appropriate under the circumstance in his/her judgment for the prevention of accidents; and he/she shall take other precautions as necessary for public safety including, but not limited to, traffic control. Traffic control shall be conducted in accordance with the latest edition of the Work Area Traffic Control ("WATCH") handbook, published by BNi Books, and as directed and approved by the City Traffic and Transportation Administrator. B. Contractor shall submit at least ten (10) Working Days prior to Work a detailed traffic control plan, that is approved by all agencies having jurisdiction and that conforms to all requirements of the Specifications. C. 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 Traffic and Transportation Administrator and all agencies having jurisdiction. Contractor shall immediately notify the Director, the City Traffic and Transportation Administrator and the agencies having jurisdiction of occurrences that necessitate modification of the approved traffic control plan. D. Contractor's failure to comply with this provision may result in actions as provided in Article 5: "Suspension or Termination of Contract" of these General Conditions. 10.05 TRAFFIC CONTROL DEVICES A. Traffic signs, flashing lights, barricades and other traffic safety devices used to control traffic shall conform to the requirements of the WATCH handbook or the manual of traffic control, whichever is more stringent, and as approved by the City Traffic and Transportation Administrator. 1. Portable signals shall not be used unless permission is given in writing by the agency having jurisdiction. 2. Warning signs used for nighttime conditions shall be reflectorized or illuminated. "Reflectorized signs" shall have a reflectorized background and shall conform to the current State of California Department of Transportation specification for reflective sheeting on highway signs. B. If the Contractor fails to provide and install any of the signs or traffic control devices required herby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. 10.06 EXECUTION A. The Contractor shall provide written notification to the Police Department, Traffic Bureau (323) 587- 5171, atleast two (2) weeks prior to the beginning of construction at any particular location. Notification will include the specific location, project dates, what lanes of the roadway will be closed and when. Also the construction project manager's name and business phone number and the construction inspector's name and business phone number. B. The Contractor shall notify, by telephone, the Police Department, (323) 587-5171 at the completion of any posting of temporary no parking signs. Notification will include the times, dates and locations of the posting. When vehicles must be towed for violation of temporary no parking signs, the person who actually posted the signs, or on-view supervisor of that posting, will be present to answer pertinent questions that may be asked by the parking enforcement officer or police officer towing the vehicles. C. The Contractor shall notify the Vernon Fire Department, on a daily basis during the entire period that construction is in progress whenever roadways are reduced in width or blocked. Notification shall be made to the Fire Dispatch (323) 583-4821 and the Contractor shall provide the information required to identify which roadways would have accessibility problems due to his/her operations. The Contractor shall submit to Fire Department schedule of Work for their use and files, D. Roads subject to interference from the Work covered by this Contract shall be kept open, and the fences subject to interference shall be kept up by the Contractor until the Work is finished. Except where public roads have been approved for closure, traffic shall be permitted to pass through designated traffic lanes with as little inconvenience and delay as possible. E. Where alternating one-way traffic has been authorized, the maximum time that traffic will be delayed shall be posted at each end of the one-way traffic section. The maximum delay time shall be approved by the agency having jurisdiction. Contractor shall install temporary traffic markings where required to direct the flow of traffic and shall maintain the traffic markings for the duration of need. Contractor shall remove the markings by abrasive blasting when no longer required. G. Convenient access to driveways and buildings in the vicinity of Work shall be maintained as much as possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and kept in good condition. H. When leaving a Work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. 10.07 FLAGGING A. Contractor shall provide fiaggers to control traffic where required by the approved traffic control plan. 1. Flaggers shall perform their duties and shall be provided with the necessary equipment in accordance with the current "Instructions to Flaggers" of the California Department of Transportation. 2. Flaggers shall be employed full time on traffic control and shall have no other duties. 10.08 PEDESTRIAN CANOPIES OR BARRICADE IMPROVEMENTS Refer to City of Vernon for requirements for building or access road safety improvements that the Contractor shall construct during construction period. These devices or improvements, as the City deems necessary or prudent, shall be at the expense of the Contractor. (END OF ARTICLE] ARTICLE 11 -INDEMNITY 11.01 INDEMNITY To the maximum extent permitted bylaw, the Contractor shall fully indemnify, hold harmless, protect, and defend the City, its officers, employees, agents, representatives and their successors and assigns ("Indemnitees")from and against any and all demands, liability, loss, suit, claim, action, cause of action, damage, cost, judgment, settlement, decree, arbitration award, stop notice, penalty, loss of revenue, and expense (including any fees of accountants, attorneys, experts or other professionals, and costs of investigation, mediation, arbitration, litigation and appeal), in law or in equity, of every kind and nature whatsoever, arising out of or in connection with, resulting from or related to, or claimed to be arising out of the Work performed by Contractor, or any of its officers, agents, employees, Subcontractors, Sub-Subcontractors, design consultants or any person for whose acts any of them may be liable, regardless of whether such claim, suit or demand is caused, or alleged to be caused, in part, by an Indemnitee, including but not limited to: A. Bodily injury, emotional injury, sickness or disease, or death to any persons; B. Infringement of any patent rights, licenses, copyrights or intellectual property which may be brought against the Contractor or City arising out of Contractor's Work, for which the Contractor is responsible; C. Stop notices and claims for labor performed or materials used or furnished to be used in the Work, including all incidental or consequential damages resulting to City from such stop notices and claims; D. Failure of Contractor or its Subcontractors to comply with the provisions for insurance; E. Failure to comply with any Governmental Approval or similar authorization or order; F. Misrepresentation, misstatement, or omission with respect to any statement made in or any document furnished by the Contractor in connection therewith; G. Breach of any duty, obligation, or requirement under the Contract Documents; H. Failure to provide notice to any Party as required under the Contract Documents; I. Failure to protect the property of any utility provider or adjacent property owner; or J. Failure to make payment of all employee benefits. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees, except that, to the limited extent mandated by California Civil Code Section 2782, the Contractor shall not be responsible for liabilities which arise from the sole negligence or willful misconduct of Indemnitees or arise from the active negligence of City. 11.02 ENFORCEMENT Contractor's obligations under this Article extend to claims occurring after termination of the Contractor's performance of the Contractor Final Payment to Contractor. The obligations apply regardless of any actual or alleged negligent act or omission of Indemnitees. Contractor, however, shall not be obligated under this Agreement to indemnify an Indemnitee for claims arising from the sole active negligence or willful misconduct of the Indemnitee or independent contractors who are directly responsible to Indemnitees. Contractor's obligations under this Article are in addition to any other rights or remedies which the Indemnitees may have under the law or under the Contract Documents. In the event of any claim, suit or demand made against any Indemnitees, the City may in its sole discretion reserve, retain or apply any monies due to the Contractor under the Contract for the purpose of resolving such claims; provided, however, that the City may release such funds if the Contractor provides the City with reasonable assurance of protection of the City's interests. The City shall in its sole discretion determine whether such assurances are reasonable. 11.03 NO LIMITATIONS Contractor's indemnification and defense obligations set forth in this Article are separate and independent from the insurance provisions set forth in Article 12 herein; and do not limit, in any way, the applicability, scope, or obligations set forth in those insurance provisions. In claims, suits, or demands against any Indemnitee by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the Contractor's indemnification and defense obligations shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefits acts, or other employee benefits acts. [END OF ARTICLE] ARTICLE 12 —INSURANCE 12.01 CONDITION TO COMMENCEMENT Contractor shall not commence Work under this Contract until Contractor has obtained all insurance required hereunder from a company or companies acceptable to City, nor shall the Contractor allow any Subcontractor to commence Work on a subcontract until all insurance required of said Subcontractor has been obtained. Proof of insurance including insurance certificates and endorsements as set forth in Exhibit 4 must be submitted by the Contractor prior to the City's execution of the Contract. 12.02 MINIMUM COVERAGE AND LIMITS Contractor shall maintain the insurance coverage as set forth in Exhibit 4 throughout the term of the Contract. 12.03 CONDITIONS REGARDING INSURANCE COVERAGE AND LIMITS City and Contractor agree as follows: A. All insurance coverage and limits provided pursuant to the Contract Documents shall apply to the full extent of the policies involved, available or applicable. Nothing contained in the Contract Documents or any other agreement relating to City or its operations limits the application of such insurance coverage. B. None of the policies required by this Contract shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing by the City Attorney or City's Risk Manager. 12.04 INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY OBLIGATION This Agreement's insurance provisions: A. Are separate and independent from the indemnification and defense provisions in Article 12 of the Agreement; and B. Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense provisions in Article 12 of the Agreement. [END OF ARTICLE] ARTICLE 13 -BONDS 13.01 REQUIRED BONDS A. Contractor shall furnish the following bonds: 1. A Performance Bond in an amount equal to one hundred percent (100%) of the total Contract price in the form shown in Exhibit "1"attached hereto. 2. A Payment Bond (Labor and Material) in an amount equal to one hundred percent (100%) of the total Contract price in the form shown in Exhibit "2" attached hereto. 3. A Maintenance Bond in an amount equal to ten percent (10%) of the total Contract price in the form shown in Exhibit "3" attached hereto. 13.02 POWER OF ATTORNEY All bonds shall be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety shall be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. 13.03 APPROVED SURETY All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of "A: VII", or better, Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. 13.04 REQUIRED PROVISIONS Every bond must display the surety's bond number and incorporate the Contract for construction of the Work by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of 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 of any such change, extension of time, alteration, or modification of the Contract Documents. 13.05 NEW OR ADDITIONAL SURETIES If, 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 additional sureties, which the Contractor shall furnish to the satisfaction of City within ten (10) days after notice, and in default thereof the Contract may be suspended and the materials may be purchased or the Work completed as provided in Article 5 herein. 13.06 WAIVER OF MODIFICATIONS AND ALTERATIONS No modifications or alterations made in the Work to be performed under the Contract or the time of performance shall operate to release any surety from liability on any bond or bonds required to be given herein. Notice of such events shall be waived by the surety. 13.07 APPROVAL OF BONDS The Contract will not be executed by City nor the Notice to Proceed issued until the required bonds have been received and approved by City. City's decision as to the acceptability of all sureties and bonds is final, No substitution of the form of the documents will be permitted without the prior written consent of City. [END OF ARTICLE] 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. of the next day. B. Work in excess of eight (8) hours per day, on Saturdays, Sundays, or on City holidays requires prior consent of the Director and is subject to Cost of Overtime Construction Inspection. C. Night, Sunday and Holiday Work. No Work shall be performed at night, Sunday, or the ten (10) legal holidays to wit: New Year's Day, Martin Luther King, Jr. Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday following Thanksgiving Day, and Christmas Day, except Work pertaining to the public safety or with the permission of the Director, and accordance with such regulations as he/she shall furnish in writing. Before performing any Work at said times, except Work pertaining to the public safety, the Contractor shall give written notice to the Director so that proper inspection may be provided. "Night" as used in this paragraph shall be deemed to include the hours from 7:00 P.M. to 7:00 A.M. of the next succeeding day. 14.02 COST OF OVERTIME CONSTRUCTION SERVICES AND INSPECTIONS A. Overtime construction Work performed at the option of, or for the convenience of, the Contractor will be inspected by the City at the expense of the Contractor. For any such overtime beyond the regular 8-hour day and for any time worked on Saturday, Sunday, or holidays the charges will be determined by the City, and submitted to the Contractor for payment. B. Equipment, materials, or services provided by the City, in connection with Contractor-initiated overtime construction Work described in Paragraph 14.02(A), will also be at the expense of the Contractor, The charges will be determined by the City, and submitted to the Contractor for payment. C. There will be no charges to the Contractor for the inspection of overtime Work ordered by the Director or required by the Contract Documents. 14.03 COMPLIANCE WITH STATE LABOR CODE A. Contractor shall comply with the provisions of the Labor Code of the State of California 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 one-calendar week. 2. Work performed by employees of the Contractor in excess of eight (8) hours per day, and 40 hours during any one calendar week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay. 3. The 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 himlher in connection with the Work; the record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Standards Enforcement of the State of California. 4. In the event City deems Contractor is in violation of this Paragraph 14.03, the Contractor shall, as a penalty, forfeit 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 for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. For each subsequent violation, a (one hundred dollar) $100 penalty shall apply for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to cover underpaid wages. This subparagraph is effective to the extent it does not directly conflict with the overtime penalty provision of California Labor Code Section 558. In the event of such conflict, the California Labor Code governs over this Paragraph 14.03(A)(4). 14.04 WAGE RATES A. Prevailing Wages Contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime Work in the locality in which the Work is to be performed, for each craft, classification, or type of worker needed to execute the Contract. The Director of the Department of Industrial Relations of the State of California (pursuant to California Labor Code) and the United States Secretary of Labor (pursuant to the Davis-Bacon Act) have determined the general prevailing rates of wages in the locality in which the Work is to be performed. The rates are available online at www.dir.ca.govIDLSR1PWDl. To the extent that there are any differences in the federal and state prevailing wage rates for similar classifications of labor, the Contractor and its 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/her shall pay not less than the specified prevailing rate of wages to all workers employed in the execution of the Contract. 4. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining Contract applicable to the particular craft, classification, ortype of worker employed on the project. The Contractor shall, as a penalty to the State or the City, forfeit not more than Fifty Dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for the Work or craft in which the worker is employed under the Contract by the Contractor or by any Subcontractor under him. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which such worker was paid less than the stipulated prevailing wage rate shall be paid to such worker by the Contractor. 6. The specified wage rates are minimum rates only and the City will not consider and shall not be liable for any claims for additional compensation made by the Contractor because of payment by him/her of any wage rate in excess of the general prevailing rates. All disputes in regard to the payment of wages in excess of those specified herein shall be adjusted by the Contractor at his/her own expense. B. Payroll Records 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 connection with the Work. The payroll records shall be certified and shall be available for inspection. 2. The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five (5) Working Days, provide a notice of change in location and address. 3. Upon request by the Director, the Contractor shall provide a copy of the certified payroll records along with a statement of compliance. 14.05 APPRENTICESHIP STANDARDS A. Compliance with California Labor Code Section 1777.5 requires all public works contractors and subcontractors to: Prior to commencing work on a public works contract, submit Contract Award information to the applicable joint apprenticeship committee, including an estimate of the journeyman hours to be performed under the Contract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. Use Form DAS-140 from the State Department of Industrial Relations. The City reserves the right to require Contractor and Subcontractors to submit a copy of said forms to the City. 2. Employ apprentices for the public work at a ratio of no less than one (1) hour or apprentice work for every five (5) hours or labor performed by a journeyman. To request dispatch of apprentices, use Form DAS-142 from the State Department of Industrial Relations. The City reserves the right to require Contractor and Subcontractors to submit a copy of said forms to the City. 3. Pay the apprentice rate on public works projects only to those apprentices who are registered, as defined in Labor Code Section 3077. Contribute to the training fund in the amount identified in the Prevailing Wage Rate publication for journeyman and apprentices. Contractors who choose not to contribute to the local training trust fund must make their contributions to the California Apprenticeship Council, P.O. Box 420603, San Francisco, CA 94142. B. Failure to comply with the provisions of California Labor Code Section 1777.5 may result in the loss of the right to bid or perform work on all public works projects for a period of one to three years and the imposition of a civil penalty of One Hundred Dollars ($100.00) for each calendar day of noncompliance for the first violation and up to Three Hundred Dollars ($300.00) for each calendar day of noncompliance for a second or subsequent violation. Contractor should make a separate copy of this material for each of his/her Subcontractors. C. Payroll Records. The Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman apprentice, worker or other employee employed in connection 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 Industrial Relations) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. 14.06 EMPLOYMENT OF APPRENTICES A. In the performance of this Contract, the Contractor and any Subcontractor shall comply with the provisions concerning the employment of apprentices in the Labor Code of the State of California and any amendments thereof. B. In the event the Contractor or any Subcontractor willfully fails to comply with the aforesaid provisions of the Labor Code, such Contractor or Subcontractor shall be subject to the penalties for noncompliance in the Labor Code of the State of California and any amendments thereof. 14.07 REGISTRATION WITH THE STATE DEPARTMENT OF INDUSTRIAL RELATIONS In the performance of this Contract, Contractor and/or any Subcontractor must be currently registered and qualified (including payment of any required fee) with the State Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the State Department of Industrial Relations. 14.08 CHARACTER OF WORKERS The Contractor shall not allow his/her agents or employees, Subcontractors, or any agent or employee thereof, to trespass on premises or lands in the vicinity of the Work. Only skilled foremen and workers shall be employed on Work requiring special qualifications, and when required by the Director, the Contractor shall discharge any person who commits trespass, or in the opinion of the Director, acts in a disorderly, dangerous, insubordinate, incompetent, or otherwise objectionable manner. Any employee being intoxicated or bringing or having intoxicating liquors or controlled substances on the Work shall be discharged. Such discharge shall not be the basis of any claim for compensation of damages against the City or any of its officers, agents, and employees. 14.09 NO SMOKING —STATE LABOR CODE SECTION 6404.5 The Contractor and its agents, employees, Subcontractors, representatives, and any person under Contractor's control, are prohibited from smoking in— or within a 20-foot distance from— the Site, which is a "place of employment" under California Labor Code § 6404.5. [END OF ARTICLE) ARTICLE 15 -DISPUTE RESOLUTION 15.01 SUBMISSION OF CLAIMS A. By Contractor Contractor's right to commence the Claims Dispute Resolution Process shall arise upon the Director's written response denying all or part of a Claim. Contractor shall submit a written Statement of Dispute to the Director within seven (7) Days after the Director rejects all or a portion of Contractor's Claim. Contractor's Statement of Dispute shall be signed under penalty of perjury and shall state with specificity the events or circumstances giving rise to the Claim, the dates of their occurrence and the effect, if any, on the compensation due or performance obligations of Contractor under the Construction Contract. Such Statement of Dispute shall include adequate supporting data to substantiate the disputed Claim, Adequate supporting data for a Claim relating to the adjustment of the Contractor's obligations relative to time of performance shall include a detailed, event-by-event description of the impact of each delay on Contractor's time for performance. Adequate supporting data to a Statement of Dispute submitted by Contractor involving Contractor's compensation shall include a detailed cost breakdown and supporting cost data in such form and including such detailed information and other supporting data as required to demonstrate the grounds for, and precise amount of, the Claim. B. By City City's right to commence the Claims Dispute Resolution Process shall arise at any time following the City's actual discovery of the circumstances giving rise to the Claim. Nothing contained herein shall preclude City from asserting Claims in response to a Claim asserted by Contractor. A Statement of Dispute submitted by City shall state the events or circumstances giving rise to the Claim, the dates of their occurrence and the damages or other relief claimed by City as a result of such events. C. Claims Defined The term "claims" as used herein shall be as defined in California Public Contract Code ~ 20104(b)(2). 15.02 CLAIMS DISPUTE RESOLUTION PROCESS The parties shall utilize each of the following steps in the Claims Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Claims Dispute Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the Claims Dispute Resolution Process. A. Direct Negotiations Designated representatives of City and Contractor shall meet as soon as possible (but not later than ten (10) Days after receipt of the Statement of Dispute) in a good faith effort to negotiate a resolution to the Claim. Each party shall be represented in such negotiations by an authorized representative with full knowledge of the details of the Claim or defenses being asserted by such party, and with full authority to resolve such Claim then and there, subject only to City's right and obligation to obtain City Council [or other City officials approval of any agreed settlement or resolution. In the Claim involves the assertion of a right or claim by a Subcontractor against Contractor that is in turn being asserted by Contractor against City, then such Subcontractor shall also have a representative attend such negotiations, with the same authority and knowledge as just described. Upon completion of the meeting, if the Claim is not resolved, the parties may either continue the negotiations or either party may declare negotiations ended. All discussions that occur during such negotiations and all documents prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152. B. Deferral of Claims Following the completion of the negotiations required by Paragraph 15.02-A., all unresolved Claims, except those that do not involve parties other than the Contractor and City, shall be deferred pending Final Completion of the Work, subject to City's right, in its sole and absolute discretion, to require that the claims Dispute Resolution Process proceed prior to Final Completion. In the event that City does not elect to proceed with the Claims Dispute Resolution Process prior to Final Completion of the Work, all Claims that have been deferred until such Final Completion shall be consolidated within a reasonable time after such Final Completion and thereafter pursued to resolution pursuant to the Claims Dispute Resolution Process. Nothing contained in this Article 15 shall be interpreted as limiting the parties' rights to continue informal negotiations of Claims that have been deferred until such Final Completion; provided, however, that such informal negotiations shall not be interpreted as altering the provisions of this Article 15 deferring final determination and resolution of unresolved Claims until after Final Completion of the Work. C. Legal Proceedings If the Claim is not resolved by direct negotiations then the party wishing to further pursue resolution or determination of the Claim shall submit the Claim for determination by commencing legal proceedings in a court of competent jurisdiction. 15.03 NO WAIVER Participation in the Claims Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of either party, including, without limitation, any defense based on the assertion that the rights of Contractor that are the basis of a Claim were previously waived by Contractor due to failure to comply with the Contract Documents, including, without limitation, Contractor's failure to comply with any time periods for providing notices or for submission or supporting documentation of Claims, [END OF ARTICLE] A~~Y~L~ ~C~ m ACCOUNTI~1~ G3~C~ORDS 16.01 MAINTENANCE OF RECORDS Contractor shall keep, and shall include in its contracts with its Subcontractors, provisions requiring its Subcontractors to keep full and detailed books and records in accordance with the requirements of the Contract Documents, including the following: all information, materials and data of every kind and character (hard copy, as well as computer readable data if it exists), that have any bearing on or pertain to any matters, rights, duties or obligations relating to the Project or the performance of the Work, including, without limitation, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, change orders, change order requests, estimates, field 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 of cash and trade discounts earned; insurance rebates and dividends, and other documents relating in way to Claims or Change Orders, Construction Change Directives, Work Directives, or other claims for payment related to the Project asserted by Contractor or any Subcontractor ("Accounting Records"). Contractor shall exercise such controls as may be necessary for proper financial management of the Work. Such accounting and control systems shall comply with prevailing custom and practice for similar projects, be satisfactory to City and shall include preservation of such records for a period of five (5) years after approval of the Notice of Completion and Acceptance by City, or for such longer period as may be required by applicable laws. 16.02 ACCESS TO RECORDS Contractor shall allow, and shall include in its contracts with its Subcontractors provisions requiring its Subcontractors to allow, City and its authorized representative(s), auditors, attorneys and accountants, upon twenty-four (24) hours notice to Contractor, full access to inspect and copy all books and records relating to the Project that Contractor is required to maintain pursuant to Paragraph 16.01, above. 16.03 CONTRACTOR NONCOMPLIANCE, WITHHOLDING Contractor's compliance with Paragraphs 16.01 and 16.02, above, shall be a condition precedent to maintenance of any legal action or arbitration by Contractor against City. In addition to and without limitation upon City's other rights and remedies for breach, including any other provisions for withholding set forth in the Contract Documents, City shall have the right, exercised in its sole discretion, to withhold from any payment to Contractor due under a current Application for Payment an additional sum of up to ten percent (10°/o) of the total amount set forth in such Application for Payment, until Contractor and its Subcontractors have complied with any outstanding and unsatisfied request by City under this Article 16. Upon such compliance with this Article 16, any additional monies withheld pursuant to this Paragraph 16.03 shall be released to Contractor. 16.04 SPECIFIC ENFORCEMENT BY CITY Contractor agrees that any failure by Contractor or any Subcontractor to provide access to its books and records as required by this Article 16 shall be specifically enforceable, by issuance of a preliminary and/or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court and without the necessity of oral testimony, to compel Contractor to permit access, inspection, audits and/or reproduction of such books and records or to require delivery of such books and records to City for inspection, audit and/or reproduction. [END OF ARTICLE] ARTICLE 17-MISCELLANEOUS PROVISIONS 17.01 COMPLIANCE WITH APPLICABLE LAWS A. Notices, Compliance Contractor shall give all notices required by governmental authorities and comply with all applicable laws and lawful orders of governmental authorities, including but not limited to the provisions of the California 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 opportunities. B. Taxes, Employee Benefits Contractor shall pay at its own expense, at no cost to the City and without adjustment to the Contract Sum, all local, state and federal taxes, including, without limitation all sales, consumer, business license, use and similar taxes on materials, labor or other items furnished for the Work or portions thereof provided by Contractor or Subcontractors, all taxes arising out of its operations under the Contract Documents and all benefits, insurance, taxes and contributions for social security and unemployment insurance which are measured by wages, salaries or other remuneration paid to Contractor's employees. If under federal excise tax law any transaction hereunder constitutes a sale on which a federal excise tax is imposed and the sale is exempt from such excise tax because it is a sale to meat for its exclusive use, then City, upon request, will execute documents necessary to show that is a political subdivision of the State for the purposes of such exemption and that the sale is for the exclusive use of the City, in which case no excise tax for such materials shall be included in the Bid or Contract Sum. C. Notice of Violations Contractor shall immediately notify the City and Director in writing of any instruction received from the City, Director, Architect or other person or entity that, if implemented, would cause a violation of any applicable law or lawful order of a governmental authority. If Contractor fails to provide such notice, then Director shall be entitled to assume that such instruction is in compliance with applicable laws and lawful orders of governmental authorities. If Contractor observes that any portion of the Drawings and Specifications or Work are at variance with applicable laws or lawful orders of governmental authorities, or should Contractor become aware of conditions not covered by the Contract Documents which will result in Work being at variance therewith, Contractor shall promptly notify Director in writing. If, without such notice to Director, Contractor or any Subcontractor performs any Work which it knew, or through the exercise of reasonable care should have known, was contrary to lawful orders of governmental authorities or applicable laws, then Contractor shall bear all resulting losses at its own expense, at no cost to City and without adjustment to the Contract Sum. 17.02 OWNERSHIP OF DESIGN DOCUMENTS A. Property of City All Design Documents, Contract Documents and Submittals (including, without limitation, all copies thereofl and all designs and building designs depicted therein are and shall remain the sole and exclusive property of the City and the City shall solely and exclusively hold all copyrights thereto. Without derogation the City's rights under this Paragraph, the Contractor and Subcontractors are granted a limited, non-exclusive license, revocable at will of City, to use and reproduce applicable portions of the Contract Documents and Submittals as appropriate to and for use in the execution of the Work and for no other purpose. B. Documents on Site Contractor shall keep on the Project site, at all times and for use by City, Director, Inspectors of Record and City's Consultants, a complete set of the Contract Documents that have been approved by applicable Governmental Authorities. C. Delivery to City All Design Documents, Contract Documents and Submittals in the possession of Contractor or Subcontractors shall be returned to the City upon the earlier of Final Completion or termination of the Construction Contract; provided, however, that Contractor and each Subcontractor shall have the right to retain one (1) copy of the Contract Documents and Submittals for its permanent records D. Subcontractors Contractor shall take all necessary steps to assure that a provision is included in all subcontracts with Subcontractors, of every tier, who perform Work on the Project establishing, protecting and preserving the, City's rights set forth in this Paragraph. 17.03 AMENDMENTS The Contract Documents may be amended only by a written instrument duly executed by the parties or their respective successors or assigns. 17.04 WAIVER Either party's waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of the Contract Documents at any time shall not in any way limit or waive that party's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision, any course of dealing or custom of the trade notwithstanding. Furthermore, if the parties make and implement any interpretation of the Contract Documents without documenting such interpretation by an instrument in writing signed by both parties, such interpretation and implementation thereof will not be binding in the event of any future disputes. 17.05 INDEPENDENT CONTRACTOR Contractor is an independent contractor, and nothing contained in the Contract Documents shall be construed as constituting any relationship with City other than that of Project owner and independent contractor. In no event shall the relationship between City and Contractor be construed as creating any relationship whatsoever between City and Contractor's employees. Neither Contractor nor any of its employees is or shall be deemed to be an employee of City. Except as otherwise specified in the Contract Documents, Contractor has sole authority and responsibility to employ, discharge and otherwise control its employees and has complete and sole responsibility as a 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 SUCCESSORS AND ASSIGNS The Contract Documents shall be binding upon and inure to the benefit of City and Contractor and their permitted successors, assigns and legal representatives. A. City may assign all or 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 governmental person as permitted by governmental rules, provided that the successor or assignee has assumed all of City's obligations, duties and liabilities under the Contract Document then in effect; and (b) any other Person with the prior written approval of Contractor. B. Contractor may collaterally assign its rights to receive payment under the Contract Documents. Contractor may not delegate any of its duties hereunder, except to Subcontractors as expressly otherwise permitted in the Contract Documents. Contractor's assignment or delegation of any of its Work under the Contract Documents shall be ineffective to relieve Contractor of its responsibility for the Work assigned or delegated, unless City, in its sole discretion, has approved such relief from responsibility. Any assignment of money shall be subject to all proper set-offs and withholdings in favor of City and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by City for completion of the Work, should Contractor be in default. C. Except for the limited circumstances set forth in Paragraph 17.06-B, above, Contractor may not, without the prior written consent of City in its sole discretion, voluntarily or involuntarily assign, convey, transfer, pledge, mortgage or otherwise encumber its rights or interests under the Contract Documents. No partner, joint venturer, member or shareholder of Contractor may assign, convey, transfer, pledge, mortgage or otherwise encumber its ownership interest in Contractor without the prior written consent of City, in City's sole discretion. 17.07 SURVIVAL Contractor's representations and warranties, the dispute resolution provisions contained in Article 15, and all other provisions which by their inherent character should survive termination of the Contract and/or Final Acceptance, shall survive the termination of the Contract and the Final Acceptance Date. 17.08 LIMITATION ON THIRD PARTY BENEFICIARIES It is not intended by any of 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 to benefits hereunder. The duties, obligations and responsibilities of the parties to the Contract Documents with respect to such third parties shall remain as imposed by law. The Contract Documents shall not be construed to create a contractual relationship of any kind between City and a Subcontractor or any other Person except Contractor. 17.09 PERSONAL LIABILITY OF CITY EMPLOYEES City's authorized representatives are acting solely as agents and representatives of City when carrying out the provisions of or exercising the power or authority granted to them under the Contract. They shall not be liable either personally or as employees of City for actions in their ordinary course of employment. No agent, consultant, Council member, officer or authorized employee of City, shall be personally responsible for any liability arising under the Contract. 17.10 NO ESTOPPEL City shall not, nor shall any officer thereof, be precluded or estoppel by any measurement, estimate or certificate made or given by the City representative or other officer, agent, or employee of City under any provisions of the Contract from at any time (either before or after the final completion and acceptance of the Work and payment therefor) pursuant to any such measurement, estimate or certificate showing the true and correct amount and character of the work done, and materials furnished by Contractor or any person under the Contract or from showing at any time that any such measurement, estimate or certificate is untrue and incorrect, or improperly made in any particular, or that the work and materials, or any part thereof, do not in fact conform to the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, City shall not be precluded or estoppel from recovering from Contractor and its Sureties such damages as City may sustain by reason of Contractor's failure to comply or to have complied with the Contract Documents. 17.11 GOVERNING LAW The laws of the State of California govern the construction and interpretation of the Contract Documents, without regard to conflict of law principles. Uniess the Contract Documents provide otherwise, any reference to laws, ordinances, rules, or regulations include their later amendment, modifications, and successor legislation. If Contractor or City brings a lawsuit to enforce or interpret one or more provisions of the Contract Documents, jurisdiction is in the Superior Court of the County of Los Angeles, California, or where otherwise appropriate, in the United States District Court, Central District of California. Contractor and City acknowledge that the Contract Documents were negotiated, entered into, and executed—and the Work was performed—in the City of Vernon, California. 17.12 FURTHER ASSURANCES Contractor shall promptly execute and deliver to City all such instruments and other documents and assurances as are reasonably requested by City to further evidence the obligations of Contractor hereunder, including assurances regarding assignments of Subcontractors contained herein. 17.13 SEVERABILITY If any clause, provision, section, paragraph or part of the Contract is ruled invalid by a court having proper jurisdiction, then the parties shall: (a) promptly meet and negotiate a substitute for such clause, provision, section, paragraph or part, which shall, to the greatest extent legally permissible, effect the original intent of the parties, including an equitable adjustment to the Contract Price to account for any change in the Work resulting from such invalidated portion; and (b) if necessary or desirable, apply to the court or other decision maker (as applicable) which declared such invalidity for an interpretation of the invalidated portion to guide the negotiations. The invalidity or unenforceability of any such clause, provision, section, paragraph or part shall not affect the validity or enforceability of the balance of the Contract, which shall be construed and enforced as if the Contract did not contain such invalid or unenforceable clause, provision, section, paragraph or part. 17.14 HEADINGS The captions of the sections of the Contract are for convenience only and shall not be deemed part of the Contract or considered in construing the Contract. 17.15 ENTIRE AGREEMENT The Contract Documents contain the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements, understandings, statements, representations and negotiations between the parties with respect to its subject matter. 17.16 COUNTERPARTS This instrument may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [END OF ARTICLE] EXHIBIT 1 Bond No.: Premium Amount: S Bond's Effective Date: PERFORMANCE BOND RECITALS: 1. The City of Vernon, California ('`City"), has awarded to (Name, address, and telephone of Contractor) ("Principal"), a Contract (the '`Contract'') for the Work described as follows: Specification No. in Vernon. CA. Principal is required under the terms of the Contract— and all contract documents referenced in it ("Contract Documents'') to furnish a bond guaranteeing Principal's faithful performance of the Work. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and made a part of it by this reference. nRl IGATInN~ THEREFORE, for value received, We, Principal and (Name, address, and telephone of Surety) ('`Surety"), a duly admitted surety insurer under California's laws, agree as follows: By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators, successors, and assigns to pay City the penal sum of Dollars (S ) ("the Bonded Sum"), this amount comprising not less than the total Contract Sum, in lawful money of the United States of America. The California Licensed Resident Agent for Surety is: (Name, address, and telephone) Registered Agent's California Department of Insurance License No. THE CONDITION OF THIS BOND'S OBLIGATION IS THAT, if Principal promptly and faithfully performs the undertakings, terms, covenants, conditions, and agreements in the Contract and Contract Documents (including all their amendments and supplements), all within the time and in the manner that those documents specify, then this obligation becomes null and void. Otherwise, this Bond remains in full force and effect, and the following terms and conditions apply to this Bond: This Bond specifically guarantees Principal's performance of each obligation and all obligations under the Contract and Contract Documents, as they may be amended and supplemented— including, but not limited to, Principal's liability for liquidated damages, Warranties, Guarantees, Correction, and Maintenance obligations as specified in the Contract and Contract Documents— except that Surety's total obligation, as described here, will not exceed the Bonded Sum. 2. For those obligations of Principal that survive Final Completion of the Work described in the Contract and Contract Documents, 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 the default; (b) complete the Project according to the Contract Documents' terms and conditions then in effect; or (c) using a procurement methodology approved by City, select acontractor orcontractors— acceptable to City— to complete all of the Work, and arrange for a contract between the contractors) and City. Surety shall make available, as the Work progresses, sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Contract and Contract Documents— including other costs and damages for which Surety is liable under this Bond— except that Suretys total obligation, as described here, will not exceed the Bonded Sum. 4. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract Documents, or the nature of the Work performed under the Contract or Contract Documents— including, without limitation, an extension of time for performance— does not, in any way, affect Surety's obligations under this Bond. Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement, or extension of time. 5. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's guaranteeing Principal's faithful performance of the Work. 6. No right of action accrues on this Bond to any entity other than City or its successors and assigns. 7. If an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay— in addition to the Bonded Sum— City's reasonable attorneys' fees and litigation costs, in an amount the court fixes. 8. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason. On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representatives) under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name) (Name} Its: Its: (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: CORPORATE SEAL CORPORATE SEAL -- _ -- — ~ n THIS BOND MUST BE EXECUTED IN TRIPLICATE. n EVIDENCE MUST BE ATTACHED OF THE AUTHORI TY OF ANY PERSON SIGNING ASATTORNEY-IN-FACT. • THE ATTORNEY-IN-FACT'S SIGNATURE MUST BE NOTARIZED. n A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR 80TH, ARE A CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO CORM: AMOUNT OF BONDED SUM: By By Director of Public Works City Attorney BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY-IN-FACT STATE OF CALIFORNIA ) ss. COUNTY OF ) On this day of , 20 before me, appeared (name), a Notary Public for said County, personally (name), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of name of attorney in fact. and acknowledged to me that helshe subscribed the thereto as principal, and his/he own name as certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public SEAL EXHIBIT2 Bond No.: Premium Amount: S Bond's Effective Date: PAYMENT BOND (LABOR AND MATERIALS) RECITALS: 1. The City of Vernon, California ("City"). has awarded to (Name, address, and telephone of Design-Builder) ("Principal"), a Contract (the '`Contract")for the Work described as follows: Specification No in Vernon, CA. 2. Principal is required under California Civil Code Sections 3247-3248 and the terms of the Contract— and all contract documents referenced in it ("Contract Documents")— to furnish a bond guaranteeing Principal's paying claims, demands. liens, or suits for any work, labor, services, materials, or equipment furnished or used in the Work. 3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and made a part of it by this reference. nRl IGATInN• THEREFORE, for value received. We, Principal and (Name, address, and telephone of Surety) ("Surety''). a duly admitted surety insurer under California's laws, agree as follows: By this Bond. We jointly and severally obligate and bind ourselves, and our respective heirs; executors, administrators, successors, and assigns to pay City the penal sum of Dollars (S ) ("the Bonded Sum''), this amount comprising not less than the total Contract Sum, in lawful money of the United States of America. The California Licensed Resident Agent for Surety is: (Name. address, and telephone) Registered Agents California Department of Insurance License No. THE CONDITION OF THIS BOND'S OBLIGATION IS THAT, if Principal or a subcontractor fails to pay (a) any person named in California Civil Code Section 3181, or any successor legislation; (b) any amount due under California's Unemployment Insurance Code. or any successor legislation, for work or labor performed under the Contract or Contract Documents; or (c) any amount under Unemployment Insurance Code Section 13020, or any successor legislation, that Principal or a subcontractor must deduct, withhold, and pay over to the Employment Development Department from the wages of its employees, for work or labor performed under the Contract or Contract Documents, then Surety shall pay for the same in an amount not-to-exceed the Bonded Sum. Otherwise, this obligation becomes null and void. While this Bond remains in full force and effect, the following terms and conditions apply to this Bond: 1. This Bond inures to the benefit of any of the persons named in California Civil Code Section 3181, or any successor legislation; giving those persons or their assigns a right of action in any suit brought upon this Bond, unless California Civil Code Section 3267, or any successor legislation, applies. 2. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract. Contract Documents, or the nature of the Work performed under the Contract or Contract Documents— including, without limitation, an extension of time for performance— does not, in any way, affect Surety's obligations under this Bond. Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement, or extension of time. 3. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's paying claims, demands, liens, or suits for any work, labor, services, materials, or equipment furnished or used in the Work. 4. If an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay— in addition to the Bonded Sum— City's reasonable attorneys' fees and litigation costs, in an amount the court fixes. 5. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate, or withdraw from this Bond. or (b) this Bond becomes void or unenforceable for any reason. On the date set forth below, Principal and Surety duly executed this Bond. with the name of each party appearing below and signed by its representatives) under the authority of its governing body. Date: PRINCIPAL: (Company Name) (Signature) By. (Name) ItS: (Title) Address for Serving Notices or Other Documents: CORPORATE SEAL SURETY: (Company Name) (Signature) By: (Name) Its: (Title) Address for Serving Notices or Other Documents: CORPORATE SEAL THIS BOND MUST BE EXECUTED IN TRIPLICATE. EVIDENCE MUST BE ATTACHED OF THE AUTHORI TY OF ANY PERSON SIGNING ASATTORNEY-IN-FACT. THE ATTORNEY-IN-FACT'S SIGNATURE MUST BE NOTARIZED. a A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. APPROVED AS TO SURETY AND AMOUNT OF BONDED SUM: By Director of Public Works APPROVED AS TO FORM: By City Attorney BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY-IN-FACT STATE OF CALIFORNIA ) ss, COUNTY OF ) On this day of , 20 , before me, (name), a Notary Public for said County, personally appeared (name), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of and acknowledged to methat he/she subscribed the name of as principal, and his/he own name as attorney in fact. thereto certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public SEAL EXHIBIT 3 Bond No.: Premium Amount: S Bond's Effective Date: RECITALS: 1. The City of Vernon, California ("City''), has awarded to (Name, address, and telephone of Contractor) ("Principal'), a Contract (the "Contract") for the Work described as follows: Specification No in Vernon, CA. Principal is required under the terms of the Contract— and all contract documents referenced in it ("Contract Documents")— aftercompletion of the Work and before the filing and recordation of a Notice of Completion for the Work, to furnish a bond to secure claims for Maintenance equal to ten percent (10%) of the total amount of the Contract Which shall hold good for a period of one (1) year from the date the City's Notice of Completion and Acceptance of the Work is filed with the County Recorder. to protect the City against the result of faulty material or workmanship during that time. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and made a part of it by this reference. OBLIGATION: THEREFORE, for value received, We, Principal and (Name, address, and telephone of Surety) ("Surety"), a duly admitted surety insurer under California's laws, agree as follows: By this Bond. We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators, successors, and assigns to pay City the penal sum of Dollars (S )(''the Bonded Sum''), this amount comprising not less than the total Contract Sum. in lawful money of the United States of America. The California Licensed Resident Agent for Surety is: (Name, address, and telephone) Registered Agents California Department of Insurance License No. THE CONDITION OF THIS BOND'S OBLIGATION IS THAT if the said Principal or any of his or her or its subcontractors. or the heirs. executors, administrators. successors, or assigns or assigns of any, all, or either of them. shall fail to execute within a reasonable amount of time, or fail to respond within seven (7) days with a written schedule acceptable to the City for same, repair or replacement of any and all Work, together with any other adjacent Work which may be displaced by so doing, that proves to be defective in its workmanship or material for the period of one (1) year (except when otherwise required in the Contract to be for a longer period) from the date the City's Notice of Completion and Acceptance, or equivalent, is filed with the County Recorder, ordinary wear and tear and unusual abuse or neglect excepted with respect to such Work and labor, the Surety herein shall pay for the same. in an amount not exceeding the sum specified in this Bond. 1. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly remedy the default using a procurement methodology approved by City, select a contractor or contractors— acceptable to City to complete all of the Work, and arrange for a contract between the contractors) and City. Surety shall make available sufficient funds to pay the cost of repair or replacement of any and all Work and to pay and perform all obligations of Principal under the Contract and Contract Documents— including other costs and damages for which Surety is liable under this Bond except that Surety's total obligation, as described here; will not exceed the Bonded Sum. 2. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 3. Surety. for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of said Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. 4. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's guaranteeing Principal's faithful performance of the Work. 5. No right of action accrues on this Bond to any entity other than City or its successors and assigns. 6. If an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay; in addition to the Bonded Sum. City's reasonable attorneys' fees and litigation costs, in an amount the court fixes. 7. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason. 8. Death of the Principal shall not relieve Surety of its obligations hereunder. On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representatives) under the authority of its governing body. Date: PRINCIPAL: (Company Name) (Signature) By: (Name) Its: (Title) Address for Serving Notices or Other Documents: CORPORATE SEAL SURETY: (Company Name) (Signature) By: (Name) Its: (Title) Address for Serving Notices or Other Documents: CORPORATE SEAL n THIS BOND MUST BE EXECUTED IN TRIPLICATE. n EVIDENCE MUST BE ATTACHED OF THE AUTHORI TY OF ANY PERSON SIGNING ASATTORNEY-IN-FACT. n THE ATTORNEY-IN-FACT'S SIGNATURE MUST BE NOTARIZED. • A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL. OR THE SURETY. OR BOTH. ARE A CORPOR,4TION. APPROVED AS TO SURETY &AMOUNT OF BONDED SUM: APPROVED AS TO FORM: By By Director of Public Works City Attorney BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY-IN-FACT STATE OF CALIFORNIA ) ss. COUNTY OF ) On this day of , 20 before me, appeared (name), a Notary Public for said County, personally (name), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of name of attorney in fact. and acknowledged to me that he/she subscribed the thereto as principal, and his/he own name as certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public SEAL FXHIRIT 4 INSURANCE REQUIREMENTS 1.0 REQUIRED INSURANCE POLICIES At its own expense, Contractor shall obtain, pay for, and maintain —and shall require each of its Subcontractors to obtain and maintain —for the duration of the Agreement, policies of insurance meeting the following requirements: A. Workers' Compensation/Employer's Liability Insurance shall provide workers' compensation statutory benefits as required by law. Employer'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 ($1,000,0001 policy limit. B. Commercial General Liability ("CGL") (primary). City and its employees and agents shall be added as additional insureds, not limiting coverage for the additional insured to "ongoing operations" or in any way excluding coverage for completed operations. Coverage shall apply on a primary, non-contributing basis in relation to any other insurance orself-insurance, primary or excess, available to City or any employee, representative or agent of City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation or other endorsement limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. CGL insurance must not be written for less than the limits of liability specified as follows: (a) ONE MILLION DOLLARS (~1,000,000~ per occurrence for bodily injury (including accidental death) to any one person; (b) ONE MILLION DOLLARS ~~1,000,000) per occurrence for personal and advertising injury to any one person; (c) ONE MILLION DOLLARS ($1,000,000 per occurrence for property damage; and (d) TWO MILLION DOLLARS (~2,000,000~ general aggregate limit. CGL insurance must include all major divisions of coverage and must cover: (a) Premises Operations (including Explosion, Collapse, and Underground ["X,C,U"] coverages as applicable); (b) Independent Contractor's Protective; (c) Independent Contractors; (d) Products and Completed Operations (maintain same limits as above until five (5) years after recordation of Notice of Completion) (e) Personal and Advertising Injury (with Employer's Liability Exclusion deleted); (f) Contractual Liability (including specified provision for Contractor's obligation under Article 11 of the General Conditions); and (g) Broad Form Property Damage. 3. Umbrella or Excess Liability Insurance (over primary), if provided, shall be at least as broad as any underlying coverage. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no contractor's limitation endorsement. The policy shall have starting and ending dates concurrent with the underlying coverages. The Named Insured may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits and complies with all other requirements listed here. C. Business Automobile Liability Insurance Business Automobile Liability Insurance must cover all vehicles, whether rented, leased, hired, scheduled, owned ornon-owned. If Contractor does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies, Business Automobile Liability Insurance coverage amounts shall not be less than the following: (a) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including accidental death) to any one person; and (b) ONE MILLION DOLLARS (~1,000,000~ per occurrence for property damage; or (c) ONE MILLION DOLLARS ($1,000,000) combined single limit. D. Contractors Pollution Liability Insurance (CPL) NOT REQUIRED FOR THIS PROJECT Contractor or Subcontractor shall obtain, pay for, and maintain for the duration of the Contract Contractors Pollution Liability insurance that provides coverage for liability caused by pollution conditions arising out of the operations of the Contractor. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using Subcontractors, the policy must include work performed "by or on behalf" of the insured. The policy limit shall provide coverage of no less than one million dollars ($1,000,000) per claim and in the aggregate. Coverage shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically inured; cleanup costs; and costs of defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. 3. All activities contemplated in the Contract shall be specifically scheduled on the CPL policy as "covered operations." In addition, the policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. The policy shall specifically provide for a duty to defend on the part of the insurer. City, its officers, employees and agents shall be added to the policy as additional insureds by endorsement. E. Builder's Risk Insurance NOT REQUIRED FOR THIS PROJECT Builder's Risk Insurance covering all real and personal property for "all risks" of loss or "comprehensive perils" coverage including but not limited to the 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 construction at the site, off site, or in transit, for the full replacement value of such properties. Coverage shall be included for property of others in the care, custody or control of the insured for which any insured may be liable. The City will purchase a builder's risk policy for the Project instead of a contractor purchased policy. Bidder should not include cost for this coverage in his/her bid. 2.0 GENERAL REQUIREMENTS—ALL POLICIES A. Qualifications of Insurer. At all times during the term of this Contract, Contractor's insurance company must meet all of the following requirements: 1. "Admitted" insurer by the State of California Department of Insurance or be listed on the California Department of Insurance's "List of Surplus Line Insurers" ("LESLI"); Domiciled within, and organized under the laws of, a State of the United States; and 3. Carry an A.M. Best &Company minimum rating of "A:VII". B. Continuation Coverage. For insurance coverages that are required to remain in force after the Final Payment, and if reasonably available, Contractor shall submit to City, with the final Application for Payment, all certificates and additional insured endorsements evidencing the continuation of such coverage. C. Deductibles orSelf-Insured Retentions. All deductibles orself-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 "occurrence" basis and must add the City of Vernon and its officers, agents, employees and representatives as additional insureds. E. Contractor's Insurance Primary. Other insurance (whether primary, excess, contingent or self- insurance, or any other basis) available to City, or its representatives, or both, is excess over Contractor's insurance. City's insurance, orself-insurance, or both, will not contribute with Contractor's insurance policy. F. Waiver of Subrogation. Contractor and Contractor's insurance company waive— and shall not exercise— any right of recovery or subrogation that Contractor or the insurer may have against City, or its representatives, or both. G. Separation of Insureds. Contractor's insurance policy applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the naming of multiple insureds will not increase an insurance company's limits of liability. H. Claims by Other Insureds. Contractor's insurance policy applies to a claim or suit brought by an additional insured against a Named Insured or other insured, arising out of bodily injury, personal injury, advertising injury, or property damage. Premiums. City is not liable for a premium payment or another expense under Contractor's policy At any time during the duration of this Contract, City may do any one or more of the following: 1. Review this Agreement's insurance coverage requirements; 2. Require that Contractor obtain, pay for, and maintain more insurance depending on City's assessment of any one or more of the following factors: (a) City's risk of liability or exposure arising out of, or in any way connected with, the services of Contractor under this Agreement; (b) The nature or number of accidents, claims, or lawsuits arising out of, or in any way connected with, the services of Contractor under this Agreement; or (c) The availability, or affordability, or both, of increased liability insurance coverage. 3. Obtain, pay for, or maintain a bond (as a replacement for an insurance coverage) from a California corporate surety, guaranteeing payment to City for liability, or costs, or both, that City incurs during City's investigation, administration, or defense of a claim or a suit arising out of this Agreement; or K. Contractor shall maintain the insurance policy without interruption, from the Project's commencement date to the Final Payment date, or until a date that City specifies for any coverage that Contractor must maintain after the Final Payment. L. Contractor shall not allow any insurance to expire, cancel, terminate, lapse, ornon-renew. Contractor's insurance company shall mail City written notice at least thirty (30) days in advance of the policy's cancellation, termination, non-renewal, or reduction in coverage and ten (10) days before its insurance policy's expiration, cancellation, termination, ornon-renewal, Contractor shall deliver to City evidence of the required coverage as proof that Contractor's insurance policy has been renewed or replaced with another insurance policy which, during the duration of this Agreement, meets all of this Agreement's insurance requirements. M. At any time, upon City's request, Contractor shall furnish satisfactory proof of each type of insurance coverage required— including a certified copy of the insurance policy or policies; certificates, endorsements, renewals, or replacements; and documents comprising Contractor's self-insurance program— all in a form and content acceptable to the City Attorney or City's Risk Manager. N. If Contractor hires, employs, or uses one or more Subcontractors) to perform work, services, operations, or activities on Contractor's behalf, Contractor shall ensure that the Subcontractor complies with the following. 1. Meets, and fully complies with, this Agreement's insurance requirements; and Furnishes City at any time upon its request, with a complete copy of the Subcontractor's insurance policy or policies for City's review, or approval, or both. Failure of City to request copies of such documents shall not impose any liability on City, or its employees, 0. Contractor's failure to comply with an insurance provision in this Agreement constitutes a material breach upon which City may immediately terminate or suspend Contractor's performance of this Agreement, or invoke another remedy that this Agreement or the law allows. At its discretion and without waiving any other rights it may have pursuant to law, City has the right but not a duty to obtain or renew the insurance and pay all or part of the premiums. Upon demand, Contractor shall repay City for all sums or monies that City paid to obtain, renew, or reinstate the insurance, or City may offset the cost of the premium against any sums or monies that City may owe Contractor. 3.0 CONTRACTOR'S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS A. Contractor shall have its insurance carriers) orself-insurance administrators) complete and execute the following insurance documents and shall deliver said documents at the same time Contractor delivers this Agreement to City. City will neither sign this Agreement nor issue a "Notice to Proceed" until the City Attorney or City's Risk Manager has reviewed and approved all insurance documents. City's decision as to the acceptability of all insurance documents is final. Sample insurance documents in the City's approved format are set forth in this 4. B. Required Submittals for Commercial General Liability and Business Automobile Insurance and Contractor's Pollution Liability Insurance. The following submittals must be on forms satisfactory to the City Attorney or City's Risk Manager, and signed by the insurance carrier or its authorized representative —which fully meet the requirements of, and contain provisions entirely consistent with, all of the insurance requirements set forth herein. 1. "Certificate of Insurance" 2. "Additional Insured Endorsement" 3. Subrogation Endorsement: "Waiver of Transfer to Rights of Recover Against Others" Both Certificates of Insurance and Additional Insured Endorsements must read as follows: "The City of Vernon, and its officers, agents, employees and representatives are included as additional insureds under the policy(s), This insurance is primary to all other insurance of the City. The City's insurance and self-insurance will apply in excess of, and will not contribute with this insurance. This insurance applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or a suit is brought. The issuing company shall mail thirty (30) days advance notice to the City for any policy cancellation, termination, non-renewal, or reduction in coverage." C. Required Submittals for Workers' Compensation Insurance. Contractor shall provide City with a certificate of insurance and a subrogation endorsement on forms satisfactory to the City Attorney or City's Risk Manager, and signed by the insurance carrier or its authorized representative —which fully meet the requirements of, and contain provisions entirely consistent with, this Contract's workers compensation insurance requirements. If Contractor is self-insured for workers' compensation, a copy of the "Certificate of Consent to Self-insure" from the State of California is required; or if Contractor is lawfully exempt from workers' compensation laws, an "Affirmation of Exemption from Labor Code X3700" form is required. D. Required Evidence of Builder's Risk Coverage. City will provide a certificate of insurance and a declarations page on a form satisfactory to the City Attorney or City's Risk Manager, and signed by the insurance carrier or its authorized representative. The policy terms must fully meet the requirements of, and 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 of all buildings, structures, fixtures and materials to be constructed, maintained, repaired or supplied pursuant to this Contract. E. Contractor agrees to monitor and review ail such coverage and assumes all responsibility for ensuring that all required coverage is provided. Contractor agrees to obtain certificates evidencing such coverage. F. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. G. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. H. Any "self-insured retention" must be declared and approved by City. City reserves the right to require the self-insured retention to be eliminated or replaced by a deductible, Self-funding, policy fronting or other mechanisms to avoid risk transfer are not acceptable. If Contractor has such a program, Contractor must fully disclose such program to City. EXHIBIT 5 Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit CITY OF VERNON PUBLIC WORKS DEPARTMENT Construction Stormwater Program Permit Number: Applicant: Project Address: Property Owner: Contractor: Contractor's Address: Date: Phone: The National Pollutant Discharge Elimination System (NPDES) is a portion of the Clean Water Act that applies to the protection of receiving waters. Under permits from the Los Angeles Regional Water Quality Control Board (RWQCB), certain activities are subject to RWQCB enforcement. To meet the standards of the Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watershed of Los Angeles County, Except those Discharges Originating from the City of Long Beach MS4 (CAS004001), the City of Vernon has adopted minimum standards for stormwater runoff from development construction activities. These minimum standards require the implementation of an effective combination of erosion and sediment control Best Management Practices (BMPs) to prevent erosion and sediment loss, and the discharge of construction waste at each site. At a minimum, the construction activity associated with the construction project identified above shall be conducted in such a manner that: 'v Prevents illicit construction-related discharges of pollutants into the MS4 and receiving waters. y Implements and maintains structural and non-structural BMPs to reduce pollutants in stormwater runoff from construction sites. y Reduces construction site discharges of pollutants to the M54 to the maximum extent practicable. y Prevents construction site discharges to the MS4 from causing or contributing to a violation of water quality standards. Note: The Stormwater BMP Construction Handbook sheets developed by the California Stormwater Quality Association shall be used as guidance in determining and implementing required BMPs. The BMP sheets may be reviewed at the Public Works Department counter during regular business hours. A General Construction Permit shall be obtained and maintained for all construction sites one (1) acre or greater. Additional conditions may be required for these sites. I have read and understand the requirements listed above and certify that I will comply with the minimum requirements above. Signature: Title: Property Owner: Print Name: EXHIBIT B SPECIAL PROVISIONS SPECIFIC FOR THIS PROJECT SPECIAL PROVISIONS -SPECIFIC FOR THIS PROJECT II-1.01 Scope of Work —The proposed project will consist of remodeling and refurbishing two single family units of approximately 2,600 square feet of combined residential space. The units are located at 4321 Furlong Pl. and 4325 Furlong Pl. in the City of Vernon, CA 90058. II-1.02 Length of Contract —All work in this project shall be completed within 120 (one hundred and twenty) calendar days as specified in the Bidder's Proposal. II-1.03 Specifications —The work shall be done in accordance with Contract No. CS-0849 Plans and Specifications; The 2013 California Residential Code, California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Energy Code, California Green Building Standards Code, The AMERICAN INSTITUTE OF ARCHITECT SPECIFICATIONS, Part 1 —General Provisions of the "Greenbook" Standard Specifications for Public Works Construction (2015 Edition) and the construction project manual contained in ATTACHMENT No. 1. II-1.04 Delays and Extensions of Time —The provisions of Section 6-6 entitled "Delays and Extensions of Time" of the Standard Specifications for Public Works Construction (2015) shall apply except as modified and supplemented below. The second paragraph of subsection 6-6.1 is hereby deleted and the following paragraph shall be inserted in its place: No extension of time will be granted for a delay caused by the inability of the Contractor to obtain materials, equipment and labor, except as authorized by the City Engineer. The length of contract time stipulated includes any time which may be required to obtain materials, equipment and labor, and the Contractor in submitting a bid shall be deemed to have ascertained the availability of materials, equipment and labor and considered same in his proposed construction schedule. II-1.OS 4uality of Work —The provisions of Section 4-1.1 entitled "Materials and Workmanship" of the Standard Specifications for Public Works Construction (2015) shall apply. In addition, any work deemed unacceptable by the City Engineer, whether a cause is determined or not shall be repaired or replaced by the Contractor at his expense. II-1.06 Liquidated Dama es — In accordance with Section 6-9 of the Standard Specifications (2015), for each consecutive calendar day required to complete the work in excess of the time specified herein for its completion, as adjusted in accordance with Section 6-6 of the Standard Specifications for Public Works Construction (2015), the Contractor shall pay to the City, or have withheld from monies due it, the sum of $1,500.00. II-2.01 Scheduling of Work —The Contractor shall submit his work schedule to the City Engineer at the pre-construction meeting. The construction schedule shall show the sequence of work, critical path and estimated time for completion of each segment of work. This schedule must be reviewed and accepted by the City Engineer before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed schedule forecasting two weeks of work describing each day's work. This schedule shall be updated and submitted to the City every other Monday during the construction period. The Contractor shall give 48 hours notice to the City Engineer prior to the start of the work. II-2.02 Construction Hours —The type of work below will have time restrictions as followed: All work shall occur Monday thru Friday between the hours of 7 a.m. - 4 p.m. Weekend work will be allowed upon approval of the City Engineer II-3.01 General Scope of Work Remodeling and refurbishing of approximately 2,600 square feet of residential space in the City- owned single family dwellings located at 4321 & 4325 Furlong Pl. Vernon, CA 90058 and shall be completely finished as shown on the drawings and these specifications. Each unit is approximately 1,300 square feet in size. The exterior and interior of the building may contain materials that are known to have lead and/or asbestos. The contractor will be required to properly remove and dispose of all hazat-dous materials in accordance with State and Federal guidelines. The contractor will be required to work with the City's Health Department to ensu►•e that the buildings have been cleared of hazardous materials before additional wo►•k can commence. The exterior of building shall be sandblasted and finished with a new stucco layer, new trims, soffits and fascia; vinyl, dual pane low E windows, entry doors, general repair, replacement and repainting of existing materials to remain, and other• work as shown on the drawings and specifications. Existing stucco shall be sandblasted prior to installing new stucco layer. The interior work includes patching, repair, and install 3/8" drywall, install texture and painting of walls and ceilings, removal and replacement of wood and door casings and baseboards, replacement of all interior doors, new window treatments, removal and replacement of carpeting, installation of floor the with hardiebacker, new kitchen and bathroom cabinets and countertops, installation of new garbage disposal, new appliances (purchased separately by Owner, but installed by contractor), new fixtures and accessories. Cost for the installation of appliances shall be included in the various bid items and no additional compensation will be paid to the contractor for this work. Electrical work includes completely new rewiring, new exterior and interior light fixtures, outlets, conduits and wiring to meet current code requirements, new wired smoke and carbon monoxide detectors, new doorbell system, new computer, telephone and television cabling from designated rooms and locations to weatherproof exterior junction box. All electrical work must comply with the 2016 California Electrical Code. Mechanical work includes removal of existing water heater and replacement with a gas powered 6.4 GPM Rheem tankless water heater, installation of all gas line and water supply lines as required. (HVAC system has already been replaced). Plumbing work includes replacement of complete sanitary drainage system to the property line with ABS piping, re-piping all water lines from meter to fixtures with copper type L piping, and re-piping of gas lines from meter to fixtures. All plumbing work must comply with the 2016 California Plumbing Code. Site-work includes removal and replacement of lawn with Marathon sod and other plantings as indicated or directed by the City and installation of smart irrigation controller. II-4.01 Extra Work — In the event the City and the Contractor are unable to negotiate an agreed price for extra work, which is acceptable to both parties, payment shall be made based on time and materials as follows: a. Work by the Contractor: The following percentages shall be added to the Contractor's cost and shall constitute the markup for all overhead and profits: 1. Labor 20% 2. Materials 15% 3. Equipment Rental 15% 4. Other Items and Expenditures 15% b. Work by the Subcontractor -When al( or any part of the extra work is performed by a subcontractor, the above markups shall apply to the aggregate sum of the extra work, regardless of the number of tiers of subcontractors used. In addition, a markup of 5-percent on the subcontracted portion of each extra work may be added by the Contractor. II-4.02 Compliance with Laws. Regulations. and Safe Practices —The Contractor shall perform all work in a safe, competent manner and in accordance with all federal, state, and local statues, regulations, ordinances, rules, and governmental orders. The Contractor will be solely and completely responsible for the conditions of the job site, including safety of al( persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. Inspection of the Contractor's performance by the City, its agents, or employees is not intended to include review of the adequacy of the Contractor's safety measures in or near the job site. II-5.01 Noise Restrictions —The noise level from the Contractor's operations shall not exceed 85 dBA when measured within a one hundred (100) foot radius at any time. II-6.01 Construction Order of Work —Work shall be scheduled so as to lessen the impact upon neighboring properties. Requirements —General: 1. All construction shall conform to Sections 6-1 and 6-2 of the latest edition of the Standard Specifications for Public Works Construction (2015) and shall proceed in a smooth, efficient, timely and continuous manner. As such, once construction is started in a work area, the Contractor will be required to work continuously in that work area until construction has been completed 2. Once construction is started in a work area, the Contractor shall not withdraw manpower or equipment from that work area in order to start construction in another work area if doing so, in the opinion of the City Engineer, delays the completion of the work presently under construction. 3. No stockpiling of material and construction equipment in or on areas outside of the construction site will be permitted on this project unless approved by the City Engineer. Upon the review and approval of the City, the Contractor may elect to obtain a storage yard for his materials and construction equipment for the duration of this contract in order that work on this project will proceed in an efficient manner. Said storage yard shall conform to all City regulations, ordinances, and zoning requirements and shall be maintained in a neat and orderly manner. II-7.01 Character of Workers — If any subcontractor or person employed by the Contractor shall appear to the City Engineer to be incompetent, intemperate, troublesome, or acts in a disorderly or otherwise objectionable manner, he shall be immediately discharge from the project on the requisition of the City Engineer, and such person shall not be reemployed on the work. If said individual has an ownership interest in the contracting entity, the City Engineer will serve written notice upon the Contractor and the Surety providing the faithful performance bond, in accordance with Section 6-4, "Termination of the Contract for Default," of the Standard Specifications for Public Works Construction (2015), de►nanding complete and satisfactory compliance with the Contract. II-8.01 Examination of the Site —The Contractor is required to examine the site and ,judge for themselves the location, physical conditions, substructures, and surroundings of the proposed work. II-9.01 Mobilization —The cost of all preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the project site must be included in the various bid items, and no extra compensation will be paid to the Contractor. The contractor is allowed to only utilize one parking space in front of each unit as staging area. Additional parking will be available at the City's parking structure. The contractor shall notify the City no later• than 80 hours in advance when additional parking space is needed on Furlong Place. Additional parking requests will be granted only for delivery or• pick up of construction materials. I I-10.01 Dust Control —Throughout al I phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall abate dust nuisance by cleaning or other means as necessary when requested by the City. Failure of the Contractor to comply with the City Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation nor extension of contract completion time will be allowed as a result of such suspension. The cost of furnishing and operating dust control during the construction project must be included in the various bid items, and no extra compensation will be paid to the Contractor. II-11.01 Cleaning of Site During Construction —During construction, all existing improvements adjacent to the proposed single family dwelling renovation site shall be cleaned of all dirt or debris on a daily basis. II-12.01 Final Cleaning of Site and Restoration —The Contractor shall be responsible for cleaning and restoration of all damaged existing improvements at no cost to the City. All existing improvements adjacent to the proposed single family dwelling renovation site shall be cleaned of all dirt or debris. The cost of such cleaning after the construction of the project must be included in the various bid items, and no extra compensation will be paid to the Contractor. II-13.01 Sanitary Facilities —The Contractor shall furnish and maintain sanitary facilities by the worksites for the entire construction period. The costs for this shall be incorporated in the most closely related bid item and no extra compensation will be paid to the contractor. II-14.01 Protection of the Public —The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or• damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the City Engineer, a condition exists in which the Contractor has not taken sufficient precaution of public safety, protection of utilities, and/or protection of adjacent structures or property, the City Engineer will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the City Engineer, or in the event of an emergency situation, the City Engineer may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the City Engineer, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor. II-15.01 Submittals —Prior to commencement of the work, the contractor shall provide the City with samples or cut sheets of the proposed materials including but not limited to the following list: Paint color MDF baseboard Exterior crawl space and side vents Doors molding Doors Insulated vinyl over the exterior of the house Window casing Vinyl wood blinds Exterior light fixtures Interior light fixtures Carpet flooring and padding Water heater Bathroom the Kitchen cabinets Kitchen the Laundry room the No gas lines, electrical lines or water lines shall be abandoned in place. The replacement of the water, electrical and gas lines shall include the removal and disposal of existing lines. The cost for the removal and disposal shall be included in the various bid items and no additional compensation will be paid to the contractor. All demolition debris shall be hauled away in accordance with State regulations at no additional cost to the City. II-16.01 Lead and Asbestos Abatement The City conducted lead testing and asbestos testing in the entire dwelling. Since lead and asbestos was found, the contractor must remove and dispose of the lead and asbestos materials in accordance to State regulations. Cost for the lead and asbestos abatement shall be included in the most closely related bid item. The lead and asbestos testing report can be found in Attachment No. 2 and Attachment No. 3 The contractor must provide a written abatement work plan to City of Vernon Health and Environmental Control Dept. The work plan should include the following: • Provide abatement procedures for the removal/replacement of lead containing building components. Abatement procedures and containment must comply with Chapter 12, Abatement, "Guidelines for the Evaluation and control of Lead-based Paint Hazards in Housing" — US. Dept. Of Housing and Urban Development • Compliance with Ca. Code of Regulations Title 17, Work Practices for Lead Based Paint and Lead Hazards including all the required pre-job notifications • Compliance with CaIOSHA Lead in Construction Standards and Respiratory Protection Standards (as needed) —Pre job notifications if applicable • Provide copies of DHS Lead Certifications for all workers and supervisors • Provide management and disposal plan for hazardous waste items • Provide baseline soils samples prior to the start of the abatement work • Dust clearance samples will be taken (and must bass) and prior to job completion confirmation • The work plan must be approved by this office prior to the start of abatement • Sub-contractor or general contractor performing the abatement work shall have a DOSH license to remove hazardous materials. The cost of the abatement work plan should be included in the abatement bid item and no additional compensation shall be paid to the contractor for this work. EXHIBIT C LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off; Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. EXHIBIT D EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. NOTICE INVITING BIDS for Remodel of 4321 & 4325 Furlong Place 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 2:00 p.m., on February 5, 2018, by the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, ("Bid Deadline"). All bids shall be enclosed in sealed envelopes, distinctly marked "Bid" with the title of the bid and the bidder's name address appearing on the outside. Bids should be mailed or delivered in person before 2:00 p.m. on the Bid Deadline. LATE SUBMITTALS WILL NOT BE ACCEPTED. 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. The bids shall be clearly titled. Copies of the Bid Documents, Plans and Specifications are available at no charge at the Public Works Department Counter, City of Vernon, 4305 Santa Fe Avenue, Vernon, between 7 a.m. and 5:30 p.m., Monday through Thursday. Anon-refundable fee of $20.00 will be charged if mailing is requested by calling (323) 583-8811. Pre-Bid Meeting: A pre-bid meeting to answer any questions regarding the project plans and specifications is scheduled for 10:00 am on January 24t" in the Public Works Department, 4305 Santa Fe Avenue, Vernon, California. This meeting is to answer any questions regarding the project plans and specifications. Attendance is NOT mandatory. City of Vernon Contact Person: Public Works Department Attention: Felix Velasco Phone: (323) 583-8811 x318 Email: fvelasco@ci.vernon.ca.us Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bidder fails to meet the essential requirements for qualification. General Scope of Work: Contractor shall furnish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The Work in the Bid is defined in the Project Drawings and Specifications and will generally include the following: Remodeling and refurbishing of approximately 2,600 square feet of residential space in the City- owned single family dwellings located at 4321 & 4325 Furlong Pl. Vernon, CA 90058 and shall be completely finished as shown on the drawings and these specifications. Each unit is approximately 1,300 square feet in size. The exterior and interior of the building may contain materials that are known to have lead and/or asbestos. The contractor will be required to properly remove and dispose of all hazardous materials in accordance with State and Federal guidelines. The contractor will be required to work with the City's Health Department to ensure that the buildings have been cleared of hazardous materials before additional work can commence. The exterior of building shall be sandblasted and finished with a new stucco layer, new trims, soffits and fascia; vinyl, dual pane low E windows, entry doors, general repair, replacement and repainting of existing materials to remain, and other work as shown on the drawings and specifications. Existing stucco shall be sandblasted prior to installing new stucco layer. The interior work includes patching, ►•epair, and install 3/8" drywall, install texture and painting of walls and ceilings, removal and replacement of wood and door casings and baseboards, replacement of all interior doors, new window treatments, removal and replacement of carpeting, installation of floor the with hardiebacker, new kitchen and bathroom cabinets and countertops, installation of new garbage disposal, new appliances (purchased separately by Owner, but installed by contractor), new fixtures and accessories. Cost for the installation of appliances shall be included in the various bid items and no additional compensation will be paid to the contractor for this work. Electrical work includes completely new rewiring, new exterior and interior light fixtures, outlets, conduits and wiring to meet current code requirements, new wired smoke and carbon monoxide detectors, new doorbell system, new computer, telephone and television cabling from designated rooms and locations to weatherproof exterior junction box. All electrical work must comply with the 2016 California Electrical Code. Mechanical work inclLtdes removal of existing water heater and replacement with a gas powered 6.4 GPM Rheem tankless water heater, installation of all gas line and water supply lines as required. (HVAC system has already been replaced). Plumbing work includes replacement of complete sanitary drainage system to the property line with ABS piping, re-piping all water lines from meter to fixtures with copper type L piping, and re-piping of gas lines from meter to fixtures. All plumbing work must comply with the 2016 California Plumbing Code. Site-work includes removal and replacement of lawn with Marathon sod and other plantings as indicated or directed by the City and installation of smart irrigation controller. The work shall be done in accordance with Contract No. CS-0849 Plans and Specifications; The latest edition of the California Building Code, The AMERICAN INSTITUTE OF ARCHITECT. In the event of any conflicts, refer to the Procedure of Contract Documents" contained in General Conditions, Section 1.10. Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the essential requirements for qualification. As part of the Bidder's Statement of Qualifications, each Bid must establish that: Bidder satisfactorily completed at least three (3) prevailing wage public contracts in California; each comparable in scope and scale to this Project, within three (3) years prior to the Bid Deadline and with a dollar value in excess of the Bid submitted for this Project. In addition, if the Bidder intends to self-perform the Lead and Asbestos Abatement Work, Bidder shall satisfy the mandatory qualifications described in the Specialty Contractor Statement of Qualifications applicable to such Work and submit the completed forms with the Bid. Subcontractors listed for the Lead and Asbestos Abatement Work must satisfy the mandatory qualifications described in the Specialty Contractors' Statements of Qualifications applicable to the Work to be performed by each Subcontractor and Bidder must submit the completed forms with the Bid. Other Bidding Information: 1. Contract Time: This Work must be completed within 120 calendar days from the date of commencement as established by the City's written Notice to Proceed. 2. Amount of Liquidated Damages: $1,500 per calendar day 3. Required Construction Sta ~ing: Not a part of this contract 4. Intermediate Completion Milestones: Not a part of this contract Bidding Documents. Bids must be made on the Proposal Form contained herein. 6. Engineer's Estimate. An Engineer's Estimate of the cost of construction of this Work has been prepared. Said estimate is in the range of $220,000 to $250,000. 8. Acceptance or Rejection of Bids. The City reserves the right to reject any and all bids, to award all or any individual part/item of the bid, and to waive any informalities, irregularities or technical defects in such bids and determine the lowest responsible bidder, whichever may be in the best interests of the City. No late bids will be accepted, nor will any oral, facsimile or electronic bids be accepted by the City. 9. Contractor's License. At the time of the Bid Deadline and at all times during performance of the Work, including full completion of all corrective work during the Correction Period, Contractor must possess a California contractor's license or licenses, current and active, of the classification required for the Work, in accordance with the provisions of Chapter 9, Division 3, Section 7000 et seq. of the Business and Professions Code. In compliance with Public Contract Code Section 3300, the City has determined that the Bidder must possess the following license(s): "Class B. General Building Contractor License from the California State Licensing Board". In addition, if Bidder intends to self-perform the Lead and Asbestos Abatement Work, Bidder must possess the following licenses: "ASB —Asbestos Certification License from the California State Licensing Board", "D.O.S.H. —Certificate of Registration for Asbestos-Related Work", and "LEAD-SAFE EPA Certification" as applicable to such self-performed Work. The Bidder will not receive a Contract award if at the time of submitting the bid, the Bidder is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active. If the City discovers at the time of the Bid Deadline that Contractor is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active, the City may reject the Bid, cancel the award, declare the Bid Bond as forfeited, keep the Bid Bond's proceeds, and exercise any one or more of the remedies in the Contract Documents in addition to those provided by law. 10. Subcontractors' Licenses and Listing. Bidders must list each Subcontractor whom the Bidder must disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and the Bidder must provide all of the Subcontractor information that Section 4104 requires (name, address, license number, and portion of the Work). An inadvertent error in the license number will not be considered nonresponsive if it is corrected within 24 hours after the bid opening. In addition, the City requires the Bidder to list the dollar value of each Subcontractor's labor or services. The City reserves the right to review and disqualify any proposed Subcontractor. The City's disqualification of a Subcontractor does not disqualify a Bidder. In such case, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a propet•ly licensed and qualified Subcontractor— without an adjustment of the Bid Amount. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor's license must be current and active for the portion of the Work listed and shall hold all specialty certifications required for such Work. 11. Permits, Inspections, Plan Checks, Governmental Approvals, Utility Fees and Similar Authorizations. The City has paid for the following Governmental Approvals and Utility Fees: Building Permit, Trash/Electrical Transformer Enclosure Permit, Electrical Permit, Plumbing Permit, Sewer Facility Fees. Contractor must apply and procure all permits under the contractor's name. Unless specified otherwise, all Governmental Approvals and Utility Fees shall be obtained and paid for by Contractor and will be reimbursed based on Contractor's actual direct cost without markup. The Contractor must pay for and maintain a Business License with the City of Vernon throughout the duration of the project. 12. Bid Forms and Security: Each Bid must be made on the Bid Forms obtainable at the Department of Public Works. Each Bid shall be accompanied by a cashier's check or certified check drawn on a solvent bank, payable to "City of Vernon," for an amount equal to ten percent (10%) of the total maximum amount of the Bid. Alternatively, a satisfactory corporate surety Bid Bond for an amount equal to ten percent (10%) of the total maximum amount of the Bid may accompany the Bid. Said security shall 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. 13. Bid Irrevocability. Bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 14. Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of securities for withheld funds is permitted in accordance therewith. 15. Prevailin Wa.es. This Project is a "public work" as defined in California Labor Code Section 1720. Contractor awarded this Contract and all Subcontractors of any tier shall not pay less than the minimum prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Work. The Director of Industrial Relations of the State of California, pursuant to the California Labor Code, and the rates determined by the California Director of Industrial Relations are available online at www.dir.ca.~ov/DLSR/PWD/. 16. Payroll Records. Pursuant to SB 854, Contractor and any Subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). 17. Registration with the Department of Industrial Relations (DIRE. No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR. Carlos Fandino City Administrator Dated: 11 /21 /2017 (Approved as to form by City Attorney) Published: 1/10/2018 City of Vernon Instructions for Bidders Project: REMODEL OF 4321 & 4325 FURLONG PLACE for the Department of Public Worl~s City personnel with whom prospective bidders will deal with are: Felix Velasco, Associate Engineer, Public Works Department, 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Ext. 318. Bid opening date and time: February 5, 2018 at 2:00 ~m ("Bid Deadline") Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058 The bid must be received by the City Clerk prior to the time set for bid opening. A bid received by the City Clerk after the time set for the bid opening is anon-responsive bid and shall not be considered. GENERAL BID REQUIREMENTS 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 withd►•awn 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 California Contractors License and must list type in the classifications) specified in the Notice Inviting Bids at the time of the Bid Deadline and at all times during the performance of the Work, except as otherwise provided in California Business and Professions Code Section 7028.15. 2. INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND ADDENDA A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of any part of the Bidding Documents, or who finds discrepancies, errors or omissions therein or who finds variances in any of the Bidding Documents with applicable law, such Bidder shall at once submit a written request for an interpretation or correction thereof to the City's representative identified in the Notice Inviting Bids, or other• designated individual. All Bidders shall submit such written requests to City not less than ten (10) calendar days prior to the Bid Deadline. The person or entity submitting the request shall be responsible for its prompt delivery to City's Contact Person identified in the Notice Inviting Bids. Any interpretation or correction will be made only by Addendum issued by the City and a copy of such Addendum will be delivered to all Interested Bidders of record. Any Addenda so issued must be acknowledged in the Bid and the cost of performing Work described in the Addenda shall be included in the Bid. Bidder's failure to acknowledge receipt of all Addenda may result in rejection of the Bid as nonresponsive. No person is authorized to render an oral interpretation or correction of any Bidding Documents and no Bidder may rely on any such oral interpretation or correction issued by the City. The City shall not be responsible for any other explanation or interpretation of the Drawings or Specifications, or for any oral instructions. City reserves the right to extend the Bid Deadline by issuing an Addendum to Interested Bidders no later than 72 hours prior to the Bid Deadline. Bidders shall use complete sets of Bidding Documents in preparing Bids; City shall not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. B. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued and the Bidder shall acknowledge their receipt in the Bid. 3. OBTAINING DRAWINGS AND DOCUMENTS Bidder may secure Bidding Documents only from the location specified in the Notice Inviting Bids. City will maintain a list of persons who obtained a copy of these Specifications ("Interested Bidders"). Only Interested Bidders will receive Addenda, if so issued. 4. BID FORMS —SUBMITTAL A. The Bids shall be made on the forms provided herein with all blank spaces properly filled in. B. The phraseology shall not be changed, and no additions shall be made to the items mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions attached to a Bid will render it informal and may cause its rejection. All forms requiring specific information shall be completed with all applicable information for a Bid to be considered responsive. C. Include all Bid Forms, properly executed, and intact on forms provided. Enclose the Bid Forms in a sealed envelope; type or print on the envelope "BIDS for" followed by the title and Specification Number and the date and time of the Bid Deadline, and the Bidder's name and address. The envelope may be mailed, hand delivered, or delivered by courier or package delivery service. D. One Original Bid and two copies shall be hand delivered, delivered by courier or package delivery service to the City C(erk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058. E. Bids received after the Bid Deadline or at any place other than the Office of the City Clerk will not be considered. 5. BID FORMS —AUTHORIZED SIGNATURES A. The full name, business address, zip code, and business telephone number, with area code of the individual, partnership, joint venture, or corporation submitting the Bid shall be typewritten or legibly printed on the Bid Forms. The Bidder shall sign the form with his/her usual wet ink signature. B. Sole Proprietorship: An individual shall sign. C. Partnership (General or Limited): A partner shall sign for a partnership; the partner shall give the names and addresses of all partners. D. Corporation: An officer shall sign for a corporation. The corporate name must be attested by the corporate seal. The names and titles of the president and all officers of the corporation who are authorized to sign the Bid Forms must be listed in an authenticated Incumbency Certificate signed by the corporate secretary. A signature other than a corporate officer's will be accepted only if an authenticated Incumbency Certificate is attached. E. Joint Venture: Biddec•s shall use the appropriate sections) listed above in B-D, based on their applicable situation. 6. BID FORMS —SCHEDULE OF BID PRICES A. The Bidder shall include in his/her Bid prices) any and all expense or costs that may be necessary to complete the project in accordance with the requirements of the Contract. The cost of all mobilization, preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the various project sites must be included in the various bid items, and no extra compensation will be paid to Contractor. B. The Bidder shall state for each item on the Schedule of Bid Prices form, in clearly legible figures, the Base Bid, the alternates, and the unit price and item total or lump sum, as the case may be, for which he/she proposes to supply labor, materials, and equipment and to perform the Work. Bids must not contain any erasures, interlineations, strike-throughs or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure or correction the initials of the persons) signing the Bid. If any Bid, or portion thereof, is determined by the City to be illegible, ambiguous or inconsistent, City may reject such a Bid as being non-responsive. C. In the case of a unit price item, the amount set fol-th, as the item total shall be the product of the estimated quantity times the unit price Bid. In the event of a discrepancy between the unit price Bid and the item total, the unit price shall prevail; however, if the unit price is ambiguous, unintelligible, or unce►-tain for any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. D. All requested Alternates, if any, shall be Bid. See the Schedule of Bid Prices for more information and the list of Bid Alternates, if any. If no change in the Base Bid is required, enter "No Change." 7. BID SECURITY A. Each Bid shall be accompanied by cash or a cashier's check or a certified check, drawn on a responsible bank doing business in the United States payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as a principal and a California admitted surety company (as defined by California Code of Civil Procedure §§995.120 and 995.311) as surety ("Bid Security"). B. All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of "A:VII" or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by al( documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. C. Bid Security shall be in an amount not less than 10% of the Base Bid. Any Bid submitted without Bid Security will be rejected as non-responsive. The Bid Security shall be given as a guarantee that the successful Bidder will execute the Contract and will provide the insurance, bonds and other required forms within fourteen (14) calendar days after award of the Contract. Bidders will be entitled to return of Bid Security except when a successful Bidder forfeits its Bid Security. A forfeit may occur, for example, if the successful Bidder withdraws its Bid prior to the expiration of ninety (90) calendar• days after award of the Contract; attempts to withdraw its Bid when the requirements of Public Contract Code § 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. In any one or more of these events, if City awards the Contract for the Work to the next lowest responsible Bidder, the amount of the original lowest Bidder's security shall be applied to the Contract Price differentia( between the lowest Bid and the second lowest Bid. Any surplus will be returned to the original lowest Bidder. If the City rejects all other Bids presented and re-advertises, the lowest Bidder's Bid Security may be used to offset the City's cost of re-advertising and receiving new Bids. In that case, the surplus if any, will be returned to the original lowest Bidder. D. The Bid Security shall be held for ninety (90) calendar days after the award of the Contract or until posting by the successful Bidder of the payment and performance bonds, proof of insurance, return of executed copies of the Contract and necessary certification(s), whichever first occurs, after which tijne the Bid Security will be returned to all Bidders. E. If a Bid Bond is to be submitted, Bidder shall use the form entitled "Bid Bond" contained in the Bidding Documents, which Bid Bond shall be properly executed and acknowledged by the Bidder and by a corporate surety authorized to transact such business in the State of California. F. Any alteration of said form of Bid Bond, or imperfection in the execution thereof, as herein required, will render it informal and may, at the option of the City, result in the rejection of the Bid under which the Bid Bond is submitted. 8. BIDDER'S AND SPECIALTY CONTRACTORS' STATEMENTS OF QUALIFICATIONS A. Each Bidder shall be required to complete, execute and submit with its Bid, the form entitled "Bidder's Statement of Qualifications." In addition, if the Bidder intends to complete the Lead and Asbestos Abatement Work, Bidder shall satisfy the mandatory qualiftcations described in the Specialty Contractors' Statements of Qualifications applicable to such Work and submit the completed forms with the Bid. Subcontractors listed for the Lead and Asbestos Abatement Work must satisfy the mandatory qualifications described in the Specialty Contractor or Subcontractor Statement of Qualifications applicable to the Work to be perforrned by each Subcontractor and Bidder must submit the completed forms with the Bid. Notwithstanding the provisions of Paragraph 22 herein, the Bidder's Statement of Qualifications and the Specialty Contractor or Subcontractor Statement of Qualifications shall not be public records. All information required by a Bidder's or Specialty Contractor Statement of Qualifications shall be completely and fully provided. If no information is to be filled in a blank space, then write "none." Any Bid not accompanied by a Bidder's Statement of Qualifications. If the City determines that any information provided by a Bidder in the Bidder's or Specialty Contractors' Statement of Qualifications is false or misleading, or is incomplete so as to be false or misleading, the City may reject the Bid submitted by such Bidder as being non-responsive. B. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the contract documents. In selecting the lowest responsible Bidder, consideration will be given not only to the Bidder's financial standing but also to the general competency of the Bidder for the performance of the work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public buildings for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder's experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, and other factors which could affect the Bidder's performance of the work. 9. DESIGNATION OF SUBCONTRACTORS A. Subcontractor Listing. On the Designation of Subcontractors form, the Bidder shall list each Subcontractor whom the Bidder• must disclose under the Subletting and Subcontracting Fair Practice Act, Public Contract Code Section 4104. The Bidder shall provide: each Subcontractor's name, the trade and type of work that the Subcontractor will perform, the location (address) of the Subcontractor's place of business, each Subcontractor's license number, and the dollar value of each Subcontractor's labor or services. If additive Alternate Bid Items are included in the Bidding Documents, the Bidder shall identify each Subcontractor performing additive Alternate Bid Items, when such Work — or the combination of base Contract Work and Alternate Work —exceeds one-half of one percent of the total Bid Amount. B. Subcontractors' Licenses. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor shall possess a current and active California Contractor's license appropriate for the portion of the Work listed for such Subcontractor, and hold all specialty certifications required for such Work. C. Disqualification of a Subcontractor. The City has the right to review the suitability and qualifications of any Subcontractor proposed by the Bidder. As part of this review, the City may request a Bidder to submit additional information about one or more of the listed Subcontractors—including, but not limited to—a statement detailing the Subcontractor's experience with pertinent information as to similar projects and other evidence of the Subcontractor's qualifications. If requested, the Bidder shall provide the information to the City within the time specified in the City's written request. After due investigation, if the City has a reasonable objection to any proposed Subcontractor, the City may, before giving the notice of award, require the apparent successful Bidder to submit an acceptable substitute. The City's disqualification of a Subcontractor does not disqualify a Bidder. However, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor without an adjustment of the Bid Price. D. Work of Subcontractors. The organization or arrangement of the Specifications and Drawings do not limit the extent of the Work for the Contract Documents. Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings and other Contract Documents to all persons or entities submitting sub- bids to the Bidder. The omission of any portion or item of Work from the Bid or from sub-bids, which is reasonably inferable from the Contract Documents, will not be a basis for adjustment of the Contract Price or the Contract Time. E. Ineligible Subcontractors. The successful Bidder is prohibited from performing Work on the Project with any Subcontractor who is ineligible to perform work on a public works project pursuant to California Labor Code Sections 1777.1 or 1777.7. In submitting its Bid, the Bidder certifies that it has investigated the eligibility of each and every listed Subcontractor and has determined that none is ineligible to perform work pursuant to the above code provisions. 10. CONTR.ACTOR'S NONCOLLUSION AFFIDAVIT A Non-collusion Affidavit in the form provided by the City shall be signed under penalty of perjury, certifying that the Bid is not the result of and has not been influenced by collusion. Bidder shall submit this form with its Bid. Any Bid made without such affidavit, or believed to be made in violation of the requirements set forth in the affidavit form, may be rejected. 11. INSURANCE REQUIREMENTS The Bidder shall submit to its ins~irance company or insurance agent the Insurance Requirements in this Specification and the Contract Docl~tnents. The insurance company's underwriter or agent must complete the Insurance Requirements documentation which states that the insurer's underwrite►• 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. 12. EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK A. The Bidder shall examine carefully the site of the Work contemplated and the Drawings and Specifications. The submission of a Bid will be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of Work to be performed and materials to be furnished, the difficulties to be encountered, and to the requirements of the Drawings, Specifications, and other Contract Documents. The Bidder shall ascertain the locations of the existing utility services, and other underground facilities, and provide for carrying out its operations so as to cal~se the minimum possible inconvenience to the occupants of properties along any streets affected. All Work and costs involved in the safeguarding of the properties of others shall be at the expense of the Bidder to whom the Contract may be awarded. B. The Bidder hereby certifies that it has examined the local conditions, has read each and every clause of the Contract Documents, and that it has included all costs necessary to complete the specified Work in its Bid prices, and the Bidder agrees that if it is awarded the Contract, it will make no claim against the City based upon ignorance of local conditions or misunderstanding of any of the provisions of the Contract. Should the conditions turn out otherwise than the Bidder anticipated, the Bidder agrees to assume all risks incident thereto. 13. PRICES AND PAYMENTS Approximate quantities listed in the Schedule of Bid Prices are estimates given for comparing Bids, and no claim shall be made against the City for excess or deficiency therein, actual or relative. Payment at the prices agreed upon will be in full for the completed Work and will cover materials, supplies, labor, tools, equipment, and all other expenditures incident to a satisfactory compliance with the Contract, subject to all applicable provisions in the Contract and General Conditions. 14. PERMIT FEES Not a part of this Contract 15. SUBSTITUTIONS Bidders wishing to obtain City's authorization for substitution of any material, device, product, equipment, fixture, form, or type of construction shall submit all requests for substitution, including all data necessary to demonstrate acceptability, a minimum of seven (7) calendar days prior to the Bid Deadline. Approval of any such substitution shall be made in writing by the City. Bidders shall refer to the appropriate provisions in the General Conditions for additional requirements for substitutions. In the absence of a written Addendum prior to the Bid Deadline or a Change Order approving the request after Contract award, a request for substitution shall be deemed denied. 16. RETURN OF IMPROPER BIDS Bids submitted after the Bid Deadline are non-responsive and shall be returned to the Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted Bids shall not be considered unless the Notice Inviting Bids expressly permits such means of transmittal. 17. WITHDRAWAL OF BIDS Bidder may withdraw its Bid either personally or by written request any time prior to the scheduled Bid Deadline by notice to the City's Contact Person designated in the Notice Inviting Bids. If such notice is written, it shall be signed by the Bidder and shall be date- stamped and time-stamped by the City upon receipt. Withdrawn Bids may be resubmitted before the Bid Deadline provided that they are in full conformance with these Instructions to Bidders. Once submitted, all Bids are irrevocable, except as otherwise provided by law. Requests for withdrawal of Bids after the Bid Deadline shall be made only in accordance with California Public Contract Code § 5100, et seq. Bidder agrees by submitting a Bid that such Bid shall remain open, is irrevocable, and may not be modified, withdrawn, or cancelled for a period of ninety (90) days after award of the Contract. 18. OPENING AND EVALUATION OF BIDS A. Bid Opening and Tabulation. The Bids shall be opened and read in public after the Bid Deadline has expired at the time and location listed in the Notice Inviting Bids. A tabulation of all Bids received will be available for public inspection at the Office of the Public Works Department, 4305 Santa Fe Avenue, Vernon, CA 90058 during regular business hours for a period of not less than thirty (30) calendar days following the Bid Deadline. The City reserves the right to accept or reject any or all Bids and be the sole judge regarding the suitability of the products, services or supplies offered; and/or to waive any irregularities or informalities in any Bids or in the bidding process. The City further reserves the right to purchase all or fewer than all items or quantities of each item listed in the Bidding Documents. The award of the Contract, if made by the City, shall be to the lowest responsive and responsible Bidder. If Bid Alternate Items are called for, the lowest Bid shall be determined according to Paragraph 20 below. 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 Inviting Bids. As part of the Bidder's Statement of Qualifications each Bidder• must establish that it, as the current entity: (1) has successfully completed at least (3) similar projects involving similar work within the last (3) years with a cost equal to or in excess of the Bidder's Bid; and (2) has successfully completed at least (3) public works projects. The City's disqualification of a Subcontractor listed for the Lead and Asbestos Abatement Work does not disqualify a Bidder. However, prior• to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor —without an adjustment of the Bid Price. 2. Responsive Bid. A responsive Bid is a Bid which conforms, in all material respects, to the Bidding Requirements and Contract Documents. 3. Responsible Bidder. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the Contract Documents. 4. Competency of Bidders. In selecting the lowest responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of the B idder for the performance of the `1~/ork covered by the Bid including, but not limited to, the experience of the Bidder in construction of public works for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder's experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, safety record and protocols and other factors which could affect the Bidder's performance of the Work. 19. AWARD OF CONTRACT The City reserves the right to reject any or all Bids and to waive any or all information or technical defects, as the interest of the City may require. Award of Contract or rejection of Bids will be made by the City within ninety (90) calendar days following the Bid Opening. 20. BASIS OF AWARD A. A Contract will be awarded to the lowest responsive and responsible Bidder meeting all requirements set forth in these Bidding Documents. The City will award the Contract based on the lowest total of the bid prices on the base bid and those additive or deductive items that when taken in order from a specifically identified list of those items in the Bid Form and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by the City before the first bid is opened. B. City reserves the right in its sole discretion to select any, all, or none of the Bid Alternates at the time of award of the Contract, regardless of whether such Bid Alternates were used in the analysis to determine the lowest Bid. 21. EXECUTION OF CONTRACT Within fourteen (14) calendar days after being notified by City that it has been awarded the Contract, Contractor shall deliver to the City the following documents: A. Three (3) copies of the Contract in the form included herein, properly executed by Contractor and, if Contractor is a corporation, evidence of its corporate existence and that the persons signing the Contract are authorized to do so. All signatures must be notarized. B. Properly executed copies of the (a) Performance Bond (b) Labor and Material (Payment) Bond and (c) Maintenance Bond in accordance with the requirements set forth in Article 13 of the General Conditions and in the form shown on Exhibits 1, 2 and 3 attached thereto. All signatures must be notarized. C. Properly executed policies of all of the following: (a) the Commercial General Liability Insurance, (b) the Automotive Liability Insurance, and (c) Professional Liability, if required, and (e) the corresponding endorsements for each policy in accordance with the requirements set forth in Article 12 of the General Conditions. In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for the State of California, or on days when City Hall is closed, the aforesaid documents shall be delivered by the following working day. After receipt of said documents within said time period or any extension thereof granted by the City, the City shall execute the Contract and return one (1) of said three (3) copies to Contractor for its files. 22. PUBLIC RECORDS City seeks to conduct its business openly. Except as set forth in paragraph 8.A., upon opening, all Bids shall become a matter of public record and shall be regarded as public, with the exception of those elements of each Bid that are identified by the Bidder and plainly marked as "trade secret," "confidential," or "proprietary," including any Statement of Qualifications and financial statements to be submitted by Bidders. Each element of a Bid which a Bidder desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents, or other, non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If City receives a request from a third party to make a Bid available for inspection and copying, the City will notify the Bidder of the request. If a Bidder instructs the City that the information is not to be released, City will withhold the information, provided, the Bidder• expeditiously seeks a protective order from a court of competent jurisdiction to prevent such release. If disclosure is required under the California Public Records Act or otherwise by law (despite the Bidder's request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof. Bidder shall indemnify, defend (including Bidder's providing and paying for legal counsel for City), and hold hac•mless City, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, costs, or expenses arising out of or alleging City's refusal to publicly disclose one or more records that Bidder identifies as protectable, or asserts is protectable. 23. 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 10 calendar days before the Bid Deadline. Pursuant to California Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California and the United States Secretary of Labor have determined the general prevailing wage rates in the locality in which the Work is to be performed. Said rate schedules are available on the Internet at w~v~~~.dir.ca.~ov/DLSR/PWD/. The wage rate for any classification not listed, but which may be required to execute the Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. To comply with California Labor Code Section 1773.2, Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall also comply with the requirements of California Labor Code Sections 1773 et seq. B. Apprenticeship Committee Contract Award Information. Pursuant to California Labor Code § 1777.5 and Title 8 of the California Code of Regulations § 230, Contractor and Subcontractors of any tier who are not already approved to train by an apprenticeship program sponsor shall, within ten (10) calendar days of signing the Contract or subcontract, as applicable, but in any event prior to the first day in which Contractor or Subcontractor has workers employed on the Project, submit the Public Works Contract Award Information form (DAS Form 140) to the appropriate local apprenticeship committees whose geographic area of operation include the area of the Project and who can supply apprentices to the Project. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. C. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract or subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. D. Notice to Subcontractors. Bidders shall notify all potential Subcontractors submitting price quotations for portions of the Work of the requirements concerning payment of prevailing wage rates, payroll records, hours of Work, and employment of apprentices. 24. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR. 25. SPECIAL CITY REQUIREMENTS Special City forms and their instructions are an integral part of these specifications and failure to submit same may be grounds, in the sole discretion of the City, for rejection of any Bidder. A. Living Wage Ordinance and Prevailing Wage Where Applicable. Contractor, and Subcontractors, if any, shall comply with the terms and conditions of Ordinance No. 1187, the City's Living Wage Ordinance. Upon request, certified payroll B. Documents shall be provided to the City. If there is a difference between the Vernon Living Wage rates and the California Prevailing wage rates for the same classification of labor, Contractor and subcontractor shall not pay less than the highest wage rate for that classiftcation. C. Equal Employment Opportunity in Contracting. The City of Vernon is committed to a policy of equal opportunity in contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. Contractors expressly agree to comply with the City's ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the sou~•ce of the funds supporting the Contract. Contractor certifies and represents that during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their age not discriminated against because of their race, religion, religious belief, color, national origin, citizenship, ancestc•y, disability, sex, age, medical condition, pregnancy, sexual orientation or marital status. Contractor certifies that it will not maintain any segregated facilities. Contractor shall comply with all applicable Federal and California laws including, but not limited to, the California Fair Employment and Housing Act (California Government Code Section 12900, et seq.), California Labor Code Section 1735, and The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). Contractor shall require like compliance by all Subcontractors employed on the Work. 26. BID PROTEST PROCEDURES A. Any Bidder submitting a Bid directly to the City and eligible for award of the Contract may file a pc•otest if the Bidder complies with all of the following requirements and conditions: 1. The Bid protest is in writing; 2. A protest based upon alleged defects or improprieties in the Contract Documents is filed with the City prior to the Bid Deadline; 3. All other protests are to be filed and received by the City no more than five (5) calendar days following the City's notice of intent to award the Contract; and 4. The written Bid protest sets forth, in detail, all grounds for the Bid protest, including without limitation: all facts, supporting documentation, legal authorities, and argument in support of the grounds for the Bid protest. All factual contentions must be supported by competent, admissible, and credible evidence. B. Any matters not set forth in the written Bid protest will be deemed waived. Any Bid protest not conforming to the foregoing requirements and conditions will be rejected by the City as invalid. C. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder's submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal, state, and local laws. [END OF DOCUMENT] BIDDING FORMS Page 27 of 183 BIDDER'S PROPOSAL The undersigned submits this Bid in response fo the Notice Inviting Bids issued by the City to construct the Work of the following Project in accordance with the Contract Documents; PROJECT: Remodel of 4321 & 4325 Furlong Place, Contract No. CS-0849 A. Enclosed herewith and by this reference incorporated herein and made a part of this Bidder's Bid are the following completed forms. 1, Bidder's Proposal 2. Schedule of Bid Prices 3. Incumbency Certificate 4. Bid Securify in the following form check one): q Cashier's Checic ❑Certified Check Bid Bond ❑Cash 5, Bitlder's Statement of Qualifications 6. Experience Form 7. Statement of Violations of federal, State or Local Law, if applicable 8. Specialty Contractor Statement of Qualifications 9. Contractor Safety Questionnaire 10. Designation of Subcontractors 11. Contractor's Affidavit of Nancallusion 12. Insurance Requirements Affidavit 13. Statement of Disqualification or Debarment. 14. Pre-Bid Site Inspection Certification. 8. Acknowledgment of Addenda. The Bidder shall acknowledge the receipt of all Addenda by attaching a signed copy of all Addenda, and by listing all Addenda received and attached in the space belovr. If an Addendum or Addenda have been issued by the City and not attached and noted above as being received by the Bidder, the Bid may be rejected. C. Inspection of fhe Work and Contract Documents. Bidder certifies that it has carefully examined and is fully Page 28 of 183 familiar with all of the provisions of the Bidding Documents and said Bidding Docume~~ts contain sufficient detail regarding the Work to be performed; that it has notified City of any errors or omissions in the Bidding Documents andlor any unusual site conditions; and that it has carefully checked all words, prices, and statements in this Bidding Document. Bidder hereby certifies that helshe and his/her Subcontractors have inspected the site and related Drawings and Specifications of Work and #uily acquainted themselves 4vith all conditions and matters which may in any way affect the Work, time of completion or the costs thereof. Bidder also certifies he!she has observed the designated Contractor Work areas and access routes, if disclosed or shown, as part of the Work in #his Contract. Page 29 of 183 PRE-BID SITE WSPECTION — CERTIFICATiQN: Persons) who inspected site of the proposed Work io►~ your firm. Name. _CR.y~ __ Date of Inspection ~ ~ 2. ~~ 20~ ~ 7itle~ .~_~.~__.__~~ m --— -- - Name: Title; Date of Inspection D. Bidder agrees that all costs of Work shown in the Bidding Documents, including work reasonably inferable therefrom and necessary thereto, are included in hislher Bid. All Work shown in the Contracf Documents for ~vhich a specific line item is not provided in the Bidding Form is included in the Bidder's Tata) Base Bid Price. E. Forfeiture of Sid Security. Bidder further agrees that, in case of hislher default in executing fhe required Contract and the required bonds, or furnishing the requir~ci insurance, the money payable under the Bid Security accompanying this Bid shall be applied by the City towards payment of the damage to the City on account of such default, as provic~eci in the Bidding Documents. F. Period of Irrevocability. Bidder agrees that this Bid shall remain open and shall not be wiif~drawn for a period cif not less than ninety (90) calendar days from the date of award of Contract, or until rejected by the City, whichever period is sha~ter. (Y. Bid Dispute Indemnification. I►~ the event of a Bid dispute based upon the Bidder's submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to (`ity), and hold harmless the City, its City Council members, ernpluyees, and agents from liability, claims, deminds, damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance «pith federal, state, Ind local laws. The Sidder declares that neither helshe nor any member of his/her firm ar corporation is an officer ar employee of the City of Vernon. hereby certify under penalty of perjury under the laws of the State of California that the representations made herein are true and correct. Executed this day of ~~~_ at ~Co~Lp~ C(~ City State Bidder's Proposal Respectfully Submitted Page 30 of 183 NAME OF BIDDER COMPANY NAME: Sorio,, N 50~LS ~ext~ru.1 ConStYu~'fi0~1. '~.tnc , ADDRESS: ~[13 ~- ~u~a~~ 1?~ ~nSZ~ /~~rt.A~~ c~ C' A alcx~~ CONTACT PERSON: ~v So~~— TELEPHONENUMBER: 213--Z16~ ~1'~S FAX NUMBER: 2~~'`~"lI~— ~I3t1~ E-MAIL: ~; T~Qt1~s SN ~~na"c1 •fowl CALIFORNIA STATE CONTRACTOR'S LICENSE NUMBER: g2'l 22't'~' EXPIRATION DATE: b~ 3 ~ I'2~D) G1 TAX IDENTIFICATIONNO.: 46'^ 1h51~:361 SURETY COMPANY: GY'~.Gt~_ Y~ (t~n1 ~i.Y1,S`u~.YM1~~ COYr1Y~n.rl ~-( t ~ All Bid forms must be signed where so indicated by the person or persons duly authorized to sign on behalf of the bidder. By signing the Bid, the person signing is deemed to represent tha# he or shs has auih~rity to bind the Bidder. Failure to sign the Bidder's Proposal may invalidate the Bid. Page 31 of lII3 BIDDER'S PROPOSAL - SIGNATURE(S): Form of Entity of Bidder. Please check the appropriate signature block below and fill in all related information. D Sole Proprietorship: BY~ _~ _______~_____~_____-----..__... -.---------.-.- --- ---------- Title; Printed name of person signing Signature List all dlb/a's: ~~ Partnership. ❑General Par#ner ❑Limited Partner Title: Printed name of person signing Signature ~~ Corporation: By: o Corporate Officer Title: ~~v Printed me of p rso signing Signatu n Joint Venture. ❑Corporation ❑Partnership q Individual ❑Other sv. Tlt~ 8; _-_-- -------Printed name of person signing Signature Name of all Joint Venturers: [If the Bidder is a corporation or a limited liability company, enter stale or county of incorporation in addition to the business address and include an incumbency certificate executed by a Secretary thereof in the form set forth herein listing each officer with signing authority and hislher corresponding office. If the Bidder is a partnership orjoint venturer stating that the respective partner or joint venturer agrees to be held jointly and severally liable for any and all of the duties and obiigalions of the Bidder under the Bid and under any contract arising therefrom. Attach evidence to the Bid Proposal Form that fhe individual signing has authority to do so.] Page 32 of 183 SCHEDU~.E OF BlD PRICES PROJECT; Remodel of 4321 Furlong Place, Contract No. CS-0849 BIDDER'S NAME; ~Yt~~.,l~ ~~15 ~'r►~~a~ ~a~l~truc—~~om. ~.~n c~. BASE BID Pursuant fo and incompliance with your Notice Inviting Bids and Contract Documents relating to the Project including all Addenda (attach signed copies), Bidder, having became thoroughly familiar with the terms and conditions of the Contr~ci Uacumenfs and with local conditions affecting the performance and the costs of the Work at the place where the Work is to be done, herby prQpnses and agrees to fully perform the Work within the time stated in strict accordance with the Contract Documents (including the furnishing of any and all labor, materials, tools, expendable equipment, and u#ilily and transportation services necessary to fully perform fh~ Work and complete it in a workmanlike manner) for the total Base Bid sum of: re 'dlv~red ~'~ ire. ~~cr►~$ow~2 Dollars ($ ~ 31 ~ 2 q ~ "~° Item No. Description Units Quantity Unit Cost Amount ~ , Install new carpet ilaaring with LS 1 paddatg and porcelain the with ~ ~ hardiebacker as noted on the tans t~0 • I i~0 2, Replace the water heating system LS 1 (water heater, gas connection line and water connection Mnes ~ U2S ~. 025' 3. In~iall 3/8" drywall on all walls and LS 1 ceilin ,texture and int walls t~ ~ a (~ ~.~ 4. Remodel bathroom as noted on tans. LS 1 ~ 2. { O ~'~2- ~~(7 5. Remodel kitcfiien as nosed on plans LS 1 6. Reconfigure laundry room as noted LS 1 on Gans 2. '?~ 'Z,,, '~ oa 7. Lead abatement (see attached lead ba$e aint re opt for reference LS 1 ~ ~Sb. q . 5th g. Asbestos abatement (see attached LS 1 lead base eint re for reference ~ Q2S ~- (a~~ g, Replace sewer drainage system from LS 1 ~-~'aC~SQ fixtures and vents taro rt line Qst~ ~ Q. Replace water lines from meter to LS 1 ~ ~ fixtures with co ~r, t e L rnateri~ t O~ ~ 0 Z> 11. Replace all gas supply lines from LS 1 meter to fixtures (stove, heater, water ~ „~ ~p ~ ~ O~ heater etc. ~ 12, Install computer (cat6), telephone LS 1 and television cabling fi~orn ~ ~f ~ , Q~ ~ desi Hated rooms to exterior box ~ 13. Rewire entire trome, replace all LS 1 interior receptacles, switches and plate covers. instaN interior and exterior electrical lighting as noted on ~ 3~ SOU ~ ~~S'p p plans. Page 33 of 183 ~ 4, Replace exterior crawl space screens LS 1 ~ and vents ~ C~ 15. Replace aN interior and exterior doors LS 1 ~ and frames and maldin ~ ~a ~. O 16. Sandblast, and replace stucco over LS 1 the exterior of the home 'Z ~ ~C~ 'Z ~{ ~'p 17. Insta(I a hardwired door bell LS 1 1 g, I nstall a 1' concrete maw strip around LS 7 the erimeter of fhe house '~2~ ~- "~2.r' ~ g. Replace windows v~ith retrofit dual LS 4 pane 14w emissivity windows, com iant with title 24 ~: 4'~~ ~~ ~4t> ~Q. Renwve and replace window casing LS 1 p~~ ~ pZ, fig, Replace window Treatments with 2" LS 1 vin rvaod blinds ~ O'~S ~, p 22, Replace baseboards with MDF LS 1 boards ~Z Q ~- ~ ~ p~ 23. I~~stall marathon soci on entire lavm LS 1 and instaa a smart i~igation controller C~ y~ ~p as Indicated on these s eclflcations ~ ~ ~ BID TOTAL ~ ~ ~ 2 C~ WRITTEN AMOUNT $ : '~ 4 t All other work items, labor, materials, took and incidentals which are not specifically listed (n the above bid items, but are necessary to complete the project per specifications, and all other applicable standards and codes are considered to be included In the above bId items. If there is a discrepancy between (1) the Grand Total" shown immediately above, (2) any of the "tofal costs" shown in the far right column above, or (3) the individual Unit Price, then the Unit price shall control over the total cost, and the total cost shall control over the total. If, however, The unit price is ambiguous, unintelligible, oruncertain far any cause, or Is omitted, or fs the same amount as the entry for the item total, then the item total shall prevail an~i shall be dfv~led by the estimated quantity for the item and the price thus obtained shall be the unit price. Page 39 of 183 PROJECT; Remodel of 4325 Furlong Place, Contract No. CS•08~9 BIDDER'S NAME. ~b ~~~ ~-~ ~ BASE BID Pursuant to and incompliance with your Notice Inviting Bids and Coniract Documents relating to fhe Project including all Addenda (attach signed copies), Bidder, having become thoroughly fiamiliar with the terms and conditions of the Contract Documents acid with local conditions affecting the performance and the cc~1s of the Work at the place ~vhere the Work is to be done, hereby propose$ and agrees to fully perform the Work within the time stated in strict accordance with the Contract Documents (including the furnishing of any and all labor, materials, toots, expendable equipment, and utility and transportation sQrvices necessary to fully perform the Work and complete it in a workmanlike manner) for tMe alai Base Bid sum of: Care dv "'~h'~ r-t~ om e -~-~ovl.9a~+n 2. `~,1~~un.~~.,r~ Y►•~n-~. ~-~1 Dollars (~ 1,31,''Z.~ t~tl= Itom No. DescripCron Units Quantity Unit Cost Amou~tt ~, Install new carpet flooring with LS 1 padding and porcelain file with ~ ~ hardiebacker as noted on the laps ll~D I p a 2. Replace the water heating system LS 1 (water heater, gas connection line and water connection Gnes C~Z 3, Install 3/8" drywall on all walls and LS 1 ceilin ,texture and ai~t walls ~ (~ i 2. ~ ~ 1 Q. Remodel bathroom as noted on sans. LS 1 ~ 2. lS(~ ~~ SU ~, Remodel kitchen as noted on plans LS 1 n ~ g, Reconfigure laundry room as noted LS 1 on lans ~ o '~, oCa 7, Lead abatement (see attached lead lS 1 base aint re ort for reference ~ r ~~ $, Asbestos abatement (see attached lS 1 lead base pint re ort for reference ~ U2-~' ~ f~~ g. Replace sewer drainage system from LS 1 +f fixtures and vents to ro er1 line "-f' Q~~ 10. Replace water lines from meter to LS 1 fixtures with co r> 1. material ~ t p C7 0 11. Replace al( gas supply lines from l.S 1 meter to fatures (stove, heater, water ~ .? p~ ~~ ~~~ heater, etc, s 12. Install computer (cat6), telephane LS 1 and television cabling from ~ ~ ~ ~ ~ ~~ ~ deal Hated rooms to exterior box ~ ~3. Rewire entire home, replace all LS 7 interior receptacles, switches and plate covers. Install Interior antl ~ 3 ~ p~ exterior electrical lighting as noted on r ~ 3r~~ lens. 14. Replace exterior crawl space screens LS 1 and vents .~.~ ~ ,~..~ t_p.~.,.~. Page 35 of 183 15, Replace all interior and exterior doors lS 1 and frames and moldin c~P '~it~Ca 16, Sandblast, and replace stucco over LS 1 the exterior at the home ~ ~.2 ~~, Install a hardwi~ad doer bell LS t ~ fig, Install a 9' concrete mow strip around LS t Ehe erimeter of the house ~ ~" 19. Replace windows with reUofif dual l.S 1 pang low emissivity windows, com Ifant wfth title 2Q ~ pt~ L~p-t~ 2Q, Ramove and replace window casing LS 1 3„ 21. Replace windoYr treatments with 2" lS 1 vin f wood blinds dZ 22. Replace baseboards with MDF LS 9 boards ~ ~"' ~- D Z. ~3, Insta(i marathon sod an entire awn LS 1 and instaN a smart irrigation controller ~ ~~ ~ ~ as indicated on theses cifications r S~ BID TOTAL '~ t 2~ Q ~ 1NRITTEN AMOUNT ~~ ,~ All other work items, labor, rnaierials, tools and incidentals which are nvt specif'~a11y listed in the above bid iter~s, but are necessary to complete the project per specifications, and all other applicable standards and cedes are considered to be included in fhe above bid items. If theca is a discrepancy beiw~en (1) the Grand Tota!" shown immediately abava, (2) any of the `tota(eosts" shown in the far right column above, ar (3) the individual Unit Price, then tt~ Unit price shall control over the total cost, and the total cost shall conical over the total. If, however, the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shalt be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Total gid Cast far Remodel of 4321 Furlong Place + Totai Bid Cost for Remodel of 4325 Furlong place = "CWo d~ ~~~C-E a ~klncx~ cl Dollars, (~ ~..b~.~ o ~.~ Page 36 of 183 Respectfully submitted: ~ —'(1~ IN . l7tutir~'~ l'ZZ' (~15Z-t' ~,1~,Qla~~ 0~- ~I 100 Signature Address G~ 2 ~ i 2c~t S~, Title t ~ Date ~ 3 ~ ~~ l L'.~' f License Number Date of Expiration (SEAL - if Bid is by a corporation) Attest ~nY► ~. Amount of Certified or Cashier's Check or Bitl Bond /~tm~iri can <<m~cr~~-tmrS ~n ~eM in~~ Cp+r+n~~t Name of Bonding Company b1 ~e Page 37 of 183 fNCUMBENCY CERTIFICATE Print legibly the names and title of the president and all officers of the Company who are authorized to sign the Bid Forms: PRESIDENT'S &OFFICERS' NAME: - ~~- ~ . . ,~ TITLE: CEO The undersigned hereb certifies fo the City of Ve~r~n that he/sire is the duly elected and acting secretary of Se Nis ,~~ 1 ar.~~~mn. ~~ (the "Company"), and that, as such, helshe is authorized to execute this Incumbency Certificate on behalf of the Company, and further certifies that the persons named above are the duly elected, qualified antl acting officers of the Company, holding on the date hereof, the titles and positions set forth opposite their names and are authorized to sign the Bid Forms. IN WITNESS V1IHEREOF, the undersigned has executed this Incumbency Certificate this _~ day of 20~$ ~~ Secret ry's Na e- rinted Secre ary's Signature Bond No.: ~~~ Premium Amount: ~ ~d . ~~ . a o o —' Band's Effective Date: ~, , zr~,1 ~ Page 38 of 183 BID BOND REC i 7ALS: 1. The City of Vernon, California ("City"), has issued a Notice Inviting Bids for the Work described as follows: Speafication No. CS-084 Remodel of 4321&4325 Furlong Place in Vernon, CA. ("Project"). 2. In response to the Notice Inviting Baas, Sony N Sons General Construction, Inc (Name, address, and t~lepl~ne of Contractor) 713 W. Duarte Rd., Ste G520, Arcadia, CA 91007, (213}216-5775 ("Principal"), has submitted the accompanying Bid for the Project. 3. Principal is required under the terms of the Specification—and all Bidding Documents referenced in it---to furnish a bond with the Bid. 4. The Specification, including atl its amendments and supplements, and Principal's Bid are incorporated into this Bond and made a past of it by this reference. OBLIGATION: THEREFORE, for value received, We, Principal and American Contractors indemnity Company (Name, address, and telephone of Surety) 801 S. Figueroa Street, Ste 700, Los Angeles, CA 90017, (310)649-0990 a duly admitted surety insurer under California's laws, agree as follows: ("Surety"), 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 Ten percent of b+d Dollars ($10.0% of bid ) ("the bonded Sum"), this amount comprising not less than TEN PERCENT (10%) of Principal's Base Bid, in lawful money of the United Sta#es of America. The California Licensed Resident Agent for Surety is: Pinnacle Surety & insurance Services, 151 Kalmus Drive, Ste. A201, Costa Mesa, CA 92628 (Name, address, and telephone) (7'14)546-5100 Registered Agent's California Department of Insurance License No. OB45331 THE CONDITION OF THIS BOND'S OBLIGATION IS THAT, if: (1) Principal does not (a) withdraw its Bid for the period specified in the Bidding Documents, or—if no period is specified—for ninety {90) calendar days after City awards the Contract for the Project, or (b) attempt to withdraw its Bid when tie requirements of California Public Contract Code §5101 et seq., or any successor legislation, are not met; or (2) City awards Principal the Contract ~ response to Prir~ipal's Bid, and within the time and manner specified by the Specification or Contract Documents or--if no period is specified—within fourteen (94) calendar days after the Contract's award, Principal (a) signs and delivers to City the Contract, in accordance with the Bid as accepted, (b) furnishes the required bonds for not only Principal's faithful performance and proper fulfillment of the Contract, but also Principal's payment for labor and materials used in the Project, and (c) furnishes the required insurance, then this obligation becomes null ar~d vad. OthenNise, this Bored remains in full force and effect, and the following terms and conditions apply to this Bond; 1. Surety's obligations under this Sond are separate, independent from, antl not contingent upon any other surety's guaranteeing that upon City's awarding the Contract to Principal, the Principal w~ enter into the Contract with City. 2. No right of action accrues an this Bond to any entity other than City or its successors and assigns. 3. If an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay-- in edition to the Bonded Sum---City`s reasonab~ attorneys' fees and litigation costs, in an amount the court fixes. 4. Surety shall mail City writter notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate, or withdraw from this Bond; or (bj this Bond becomes void a unenforceable for any reason. Page 39 of 183 On the date set ford beloav, Principal and Surety duly executed this Bond, with the name of each part}r appearing below and signed by its rep~esentative(s) under the authority of its governing body. Qate: February 5, 2018 PRINCiPA~; SURETY: Song N Sons G ral Cons ction, Inc American Contrac#ors indemnity Company Company N } Cg~pany Name) ~~jr (Signature (Signature} gy: s {Name) Its: (Title) Address for Serving Notices or Qther Documents: 713 W. Duarte Rd., Ste G520, Arcadia, GA 91007 CORPORATE SEt1l . ~1 ~ ; j ~, ~ . ~ '~ `~ '. `_~ t~~ a j ~ j ;' A y , ~ -.} 1 i ~ ~ gy; Shawn Blume (►dame? ItS:_Attamev-in-fact (~itie) Address for Serving Notices or Other Qacuments: 801 S. Figueroa Street, Ste 700, Los Angeles: CA 9Q417 CORPORATE SEAL EV10EN~E MUST BE ATTACHED QF THE A~THORI7Y OF ANY PERSON SIGN/NG AS ATtORiVEY-IN-FACT. p TN~'A77'ORNEY-!N FACTS SIGNATlJRE hAUST BE NOTARIZED. A CORPORATE SAIL ItAUST BE I~APRESSED ON THIS FORA WHEN T'NE PR(IVCIPAL, OR THE SURETY, OR 80TH, ARE A CORPORA TION Page 4U of X83 CALIFORNIA ALI.-PURPOSE AGKNOWLEDGt1riENT CIVIL CODE 1189 nn`r i nwnn~~n IAA/~I\nl~hnnAl~~/\~n% /~Ynl.~I~/~:~yl~~'n/~ih~i~~t/~l~~i\~fi~J~~I~A/~/~/~AI~I~ nnnnnnnnnni.s~`'n~n~n`;~ ~`~n~n`~nnn`~n"nn~`~n`~n"n~i:n~ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of ~aliforni~. ) County of Orange ) On ~~ ~c-.—~ ' ,~~ before me, B. Copeland ,Notary Public, personally appeared Shawn Blume Names) of Signers) who proved to me on the basis of satisfactory evidence to be the person() whose names-) is/tee subscribed to the within instnunent and acknowledged to me that he/sh~ftlrcy executed the same in his/herft~eir authorized capacity(ies), and that by his/herftheir signature( on the instn~ment the person(-~, ox the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY tinder the Laws of the State of California that the foregoing B. CO~ECAND paragraph is true and correct. l~olary Pubf~c - Caii(orria ~ oran5eca,~y WITNESS my hand Ind official seal. Common ~ 2t8135a bfyComm. F.xp;reSA,~~ t9 2U21 St~l]1tliC6: g~ature of Notary Public Place Notary Seal Above _.. ~_______._~_________ OPTI011TAL --- -------------------------~.----~-- Though t}ie information below is not required by law> it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document Description of Attached Document Type or Title of Document: Doc«ment Date: Signers) Other Than Named Above:. Capacity(ies) Claimed by Signers) Signer's Name: Shawn Blume q Indiv~iduai q Corporate Officer — Title(s): q Partner: ❑Limited ❑General ~] Attorney in Fact q Trustee q Guardiian ox Conservator q Other: Signer Is Representing: Number of Pales: Capacity(ies) Claimed by Signers) Signer's Name: [~ Individual q Corporate Office~c Title(s): q Partner: ❑Limited q C~ener~l Q Attorney in Fact q Tn~stee q Gilardian ar Go~~servator q Other; Signer Is Representing: /~ A /~ A h /~ I~ I~ /~ ~11~ /~ Jt l~ /~ N I~ /~ I~ /~ /~ /~ /~ /~ /~ l~ ~1 A /~ /1I'~ /~ A !~ A /1 /~ /~ n ~ I\~ %~ n A /~ ~/AIv/~Vi\v/~~I~ /~ ~I /~ /~ i1 /1I~ /\ /~ /'~ /~ A A /~ /1 A!\ /\ /~ /~ /\ n I\ I~ /~ I~ I~ I~ /~ /1 /~ /\ Rev, 1-15 PO'VVEIZ OI' ATTO~tN~Y — -- ----.,_ - AtiIERICAN CQNTRAC'fOT2S INllE~1NITY CO~~tPAtiY TEXAS BOfYD[NC t'O~il'ANY ~ `--_ UNITED ~'TATF.S S[1Kl?'t'Y COMPANY IT.S. $PCCIAT,TY INSURANCE CO~~IPAN1' ~- KNOW ALL M Y THESE J'RF.SEN'~'S; T~111 A111~I•ic<~t~ Contractors Indemnity Gojnpany, a C`atifornia corporation, `texas .L3UI1C~It1~; C0111p1t1y~ flIl i1SSUIYIC{~ 11~lllle O~ A221el~icat~ C`.U21tT~1CI02'S Irideri11111y C011l~ally, t'nited States Surcty Company, a M aryland c;orpor~itioi~ and [i.S. Specialty Insurance (company, a Texas corpot~afion (collectively, the "C'~znpanies"}, coo by these presents make, COtlSlttUtO 1I1C~ ~pp0111t: - - ~- _ - - ~;R~C' ~.O~VEY, M:~Rk Rir'HARDSON, SHAWN BLL'111E, KEVIN CATHCAI2T OR JENNIFER CKEn'RUOD OI' COSTA" -~ MESA, CALIFORNI~~1 its tn~e and lawful Atto~~ney(s)-in-fact, each in their separate capacity if iuc~re chazi one is named above, with full power and authoz•ity hereby wnfenred in its name, place a~icl stead, to execE~te, acknowledge acid deliver• a~~y aiid all bonds, reeognizances, u~ide~•takings ar other instruments a~• contracts of suretyship to include riders, amendments, and consents of surety, providing tti~ bond a enact ~ does not exceed ~"'`X"*Ten NliltionY**X* Dollars ~ "'`'IQ 00 ,000.00^ ~) "~ t~is Power of Attorney shall expit•e without further action on November 3, 2019. Tlyis Power of Attor»ey is granted under and by ~ut~~ority of the following resolutions adopted by the Bo~u•ds of Directors of the Companies: Br it Resulvecl, that the Presidcnt, nny Vice-Presidcnt, any Assistant Vice-President, any Secretary or any Assistant Sccret~ry si~ali he and is ticreby vested with fill! po~~~cr and authority to appoint any oftc or more stiitabic persuns as Attorncy(s)-in-tact to represent and act for acid on behalf of the° Company s«bjcct to the following provisions: ~ftfa•~x y~ ir, -l•'~~cr tnay be gtvcn full power and authority for an~i in the name of anc on bch~+lf of tlx~ Cs~mpany, to execute, acknowlccibc and dcli~~cr, any and atl bonds, rccogni2.ai~ees, contracts, abrcements or indemnity and other conditianai or obligatory uiideriakings, inelutiing any wnd all consents f'or the release of rctaiiied perccntt~~cs ancLor Final estimates on cn!~i~iccrin~ and construction contracts, acid any and all noliccs and docun~onts canceling or tcnninatinb the Company's liability thereunder, end any such instn~mcnts so executed by any such Attorricy-in-E~act sh.,ll be bindinb up«n ttte Compn►~y as if signed by the President and scaled and effected b}' the Corporate Secretary. L3~ i~ Rc~s•olvc~cl, that the sibnaturc of a~i}~ autlwrizcd ot~#'iccr acrd scat of tl►c Company hcrctoforc or hereafter affi~al to a~~y po~vcr of attori~cy or any ccrtiticatc rcl~tiu~; thcrctu by facsfinile, and any post,-cr of attorney ~r csrtiticatc bearing facsimile signature or tacsimiic scat shall be ~~afid and binding; u~~o~~ the Company with respect to any hand Sir undcrtakiag to which it is attached. (N WITNESS W1-11=.I~~OF, The Companies have caused this instrument to be signed and their .,orporate seals to be hereto ~ffixecl, this I st day of November, 2016. A~'IERICAN C'ON7'I2AC'I'ORS INDE~9NITY C'O~iPAhti' TEXAS BONDI~'G CUIIPANY Q,~ Qr' ~ 5~~15 I~~VITF,D S1'AT~S SURCTY COi~li'ANY ~`,S. SPGCiAI.T1' INSURANCF. C'.Qti1PANY --' \`,t`RA~T7~`:~.y .~~~~5 `~~R~c Op11~f1S y,C i~ `~Q~~~,~~1M1SUfd ~~~.i - .. `Gr, yo ``.~p,~: ; ":~, pj `,~` @ . , p'a ~~ • .~o mss =fit S[F(ZA ~9'~~ <- .Y~I~~~ :b~ ,YS :-~~ ~ 1 Y ~ :5 _._ _"_ '.F mob. ~ •-yam :~~; ~. .; ~ s s ::' Daniel P. Aguilar, Vice Preside~it A notary pt;bliu ur other offi;;e: cu:~~pletinb this certificate verifies only the identity of the individual why signed the document tc7 ~~~hic}~ tl~rs certific:;;e; is attached, and i~ot the tnithfi~Iness, accuracy, or validity c>f that document. ..._ State of California ~. County ot'Los nngcics SS; ..' Un this lit clay of November, 2016, before me, Sabina Murbenstein, a not~3C}~ OU~ItC, personally appeared Daniet P. Aguilar, Vicc President of Amcric~n' Contractors Ittdenmity Ca~t~pany, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory cvide~ice to be the ~~~rso~t ~vhosc nonce is subscribed to the ~vithi►~ i~islniment and acknowledged to me that he executed the same in his tzttthoriz~d capacity, atld th~it by his signature on tt~c instrument the perso~~, or tt~e entity tipiln behalf of ~ti~hich the person <<cted, exec~Eted the iustniment. I certify uncicr PENAL,`C'Y OF PERli!RY under the laws of the State of Califor~iia that the foregoing paragraph is true and correct. WtTNT~SS my~ hand and official seal. ~- SABINA MDflG~NSTEtN Corr~rnission ~t 2129258 - - '~ ~ .~ ,. ,, Y Sidnature ~ "~-~' (Seal) ~~' ~, Notary Public • Calitornl2 '' t ~` -- _ ------- '~ ` l.os Angeles County _ My Comm. Expires Nov 3, Z I, Kio L,o, Assistant Secretary of American Contractors Tndcmnity Company, Texas Bonding C:ainpany, tTnited States SE~rety Company and T?.S. Specialty Insurance C'~,mpany, do hereby certify that the ~ibove and foregoing is a true and correct copy of a Power of Attor~iey, exec~.~ted by said Companies, ti~~hicl~ is stilt in f~i11 force and effect; iurthcnn~rc, the resol~.~ti~ns of the Boatels of Directors, set out in the Power of Attorney <u~ in Ertl! force and cfie~:t. ~' -~:~~~. In Vv~ ~_ }le~~af, 1 have h e n et my- i~~,nci ~tld zffixed the seals of saki Co~np~inies at t os Angeles, C'alito~~nia this ~ .. }_` cl~~y f ~~~ Corporate Seals ,:,,,,,, ,,:. ,~,,.,:: ; .,,,,»„~,,,,,,,,, ,,,,,,,u,,,,,, ~ `pa `~ ~~ ~ . : 0 ~`~~~ ~ 5 (1 ~~~ O f N iii ` O~~ ii4pa Ci qs~y `~~~a~ HFT, ``;O~N.,......~' Cp,y ~c`a~~llnsvr8~c~ry. z_ _ t~y n.7 ~,-~...., / r~ _& Hcc+iro~~rto .,c vi ;' ~N t~= _W z_'- =~?s a ; _ -_______ KIO LO Assistant ~ecretarV -_._._.. ~3U U ~. ':w: seer.x~.t93o:n` J~,"~i~ •O, xr:~ r^e: =7~. ~ :r. _ f J A~;en~yNo. 1~24~ ~~~A~yt~[~(~l~y~P~~`~ ~ * •.~~~.~`~ '..r~q~;fO'FI ~:+,Ny.~~~~` •..*..~';```~~c`` ,.,- .,~.~•..~.. -~s~ar~=.:.vim _ 1SYNtlltl1~_L~ ~~~iii nu~~~ ~hii ~~~ :.,ii,ii:~ .ii~~~ BfDDER'S STATEMENT OF QUALIFICATIONS 1. ORGANIZATION 1.1 How many years has your organization been in business as a Contractor? ~ 5 1.2 How many years has your organization been in business under its present name? ~ ~ 1.2.1 Under what other names has your organization operated? 1.3 If your organization is a corporation, answer the following: 1.3.1 Date of incorporation/organization: (~G"~. 2S , 2c~c~2 1.3.2 State of Incorporation/organization: ~~i-~b1r'~1~,~ 1.3.3 Corporate ID number: O~ -- ~ 65'~ 3 ~ 1.3.E Name of President: _ ~Ct~x~ ~a~ ~,r-- 1,3.5 Agent for Service of Process: 1-~E- ~ Lam_ 1.4 If your organization is a partnership, answer the following: 1.4.1 Date of organization/formation: 1.5 7.4.2 1.4.3 1.4.4 Type of partnership (if applicable): Names) of general partners}: List all states in which you are registered and state ID numbers for each: If your organization is individually owned, answer the following: 1.5.1 Date of organization: 1.5.2 Name of owner: 1.6 If the form of your organization is other than those I~sted above, describe it and name the principals; Page 42 of 183 2. LICENSING 2.1 List jurisdictions in which your organization is legally qualified to do business, indicate ~egistrafion or license numbers, a tl category of license, if applicable, • 2 2.2 List jurisdictions in which your organization's partnersi~ip or trade name is filed. Sa►~V► ~ S~ n s CZ~u o~ra►,t lev►.~rcad~on 2cn c. 2.3 List any licensing suspensions and/or violations assessed against your organization within the past five years. ~ ~rie~ I~.Y1 <<<t Y1 fie. ~ C_crnfY~c-f cam'. 3. EXPERIENCE 3.1 List the cateyg~ories of Work that~. your organization normally performhs with its own n~rn~nv~n~ ~~ 1s~~ ~~~.1~ ~~~ ~ wow ~ .~ _~ i. ~ .~~~"' ~ 1/~ _ _ ~ ~ A 3.2 On the Experience Form, list the project information that establishes that Bidder meets the essential requirements for qualification set forth in the Mandatory Qualifications paragraph of the Notice Inviting Bids for this Project. 3.3 Hare Subcontractors for Lead and Asbestos Abatement Work complete the Specialty Canfractors' Statements of Qualifications (or Bidder to complete if self-performingj, 3.4 0n a separate sheet, list projects to which your firm or business has been awarded a government contract since your firm or business has been in existence (giving the name and address of the project, the government agency, contact name and phone number, the contract amount, and contract's starting date and ending date, 3.5 On a separate sheet, list the experience and present commitments of the lcey individuals of your organization. 4. CLAIMS; LAWSUITS; CRIMINAL ACTS Far the following questions, the term "owner" does not include owners of stock in your firm if your firm is a publicly~traded corporation. 4.1 In the past five (5} years, have, you, your firm or any of its owners, partners, officers, or employees been a defendant in court, or participated in an arbitrat~an or mediation, on a matter related to; 4.1.1 i'he performance, non-performance, default, violation, or breach of a contract or agreement? q YES ~ NO Page 43 of 183 4.1.2 A vehicle collision or accident invoiving your firm's employees? q YES NJ NO 4.1.3 Damage fo real property arising out of your services or operations? q YES ~NO 4.1.4 Employment-related litigation brought by an employee of your firm? q YES ~NO 4.1.5 Payment to a subcontractor or supplier? q YES ~NO 4.1.6 Defective, deficient, or substandard wak? q YES `{U N0 If the answer to any questions in x.1.1 to x,1.6 is YES, identify the name of the person or entity that sued (i.e,, °the plaintiff') or was involved in the mediation or arbitration; list the date, court, court address, and case number; describe the facts and circumstances giving rise to the lawsuit, mediation, or arbitration; and set forth the outcome or disposition. Attach additional sheets as necessary. 4.2 Have you or your firm ever filed a claim for damages or a lawsuit, or requested arbitration or mediation, against a government entity or a Client? q YES ~NO If YES, identify the government entity or client; list the date, court and case number; describe the facts and circumstances about the claim for damages, or the lawsuit, or both; and set forth the outcome or disposition. Attach additional sheets as necessary. 4.3 Are there any pending or outstanding judgments or liens against you, your firm, or any of its owners, partners, officers, or employees? q YES i~LJ NO If YES, identify the name of the person or entity entitled to payment; list the date court and case number; describe the facts and circumstances giving rise to the judgment or lien; and set forth the amount of the judgment or lien. Attach additional sheets if necessary. 4.~ In the past five (5~ years, has any government entity ever: (a) investigated, cited, disciplined, or assessed any penalties against you, your firm, or any of its owners, partners, officers, or employees, ar (b) determined or concluded that your firm or any of its owners, partners, officers, or employees violated any laws, rules, or regulations? Page 44 of 183 q YEs (~'No If YES, identify the government entity; list the date, and describe the facts and circumstances about each instance. Attach addit+onal sheets as necessary. 4.5 In the past five (51 years, have you, your firm or any of its owners, partners, officers or employees been convicted of a crime related to the bidding of a government contract, the awarding of a government con#ract, or the performance of a government contract? ("Convicted" includes a verdict of guilty by a judge or jury, a plea of guilty, a plea of nolo contenders, or a forfeiture of bail.} q YES ~.1 NO !f YES, identify the government entity; list the date, court and case number; describe the facts and circumstances about each instance; and set forth the penalty or punishment imposed. Attach additional sheets as necessary. 4.6 In the past five (5J years, have you, your firm, or any of its owners, par#ners, officers or employees been conv~ted of a crime involving embezzlement, theft, fraud, forgery, briber}r, deceptive or unlawful business practices, perjury, falsifying or destroying records or evidence, or receiving stolen property, ar making or submitting a false claim? q YES ~ NO If YES, identify the crime or offense; fist the date, court and case number; describe the facts and circumstances about each instance; and set forth the penalty or punishment imposed. Attach additional sheets as necessary. 4.7 Have you or, if Bidder is a corporation, any prinapal of the corporation ever been convicted of a felony? q YES ~NO If YES, please explain the details of that conviction and, if so, whether you or said officer have served his or her sentence. 4.8 In the past five (5) years, has a government entity determined or concluded that you, your firm, or any of its owners, partners, officers or employees made or submitted a false claim (including a false claim for payment), or made a maieriai misrepresentation? C7 YES YJ NO If YES, identify the government entity, and describe the fits and circumstances about each instance. Attach additional sheets as necessary. 4.9 Have you or your company ever been charged by any governmental agency for failure to follow safety procedures? {f YES, please explain. q YES ~L.J NO Page 4 5 of ]. 8 3 'G~ 4.10 Has any governmental agency ever submitted a complaint against you or your firm to the California State Labor Commission for failure to submit certified payrolls? if your answer is "Yes'', please provide the details of such complaint. q YES `tU NO 5. FIRM'S OPERATIONAL STATUS 5.1. In the past seven (7) years, has your firm, or anyone else acting on behalf of your firm, filed for bankruptcy, insolvency, receivership, or reorganization? q YES ~i~0 If YES, list the filing date, identify fhe court and case number; describe the facts and circums#ances giving rise to each instance; and set forth the disposition or current status. Attach additional sheets as necessary. 5.2. In the past five (5) years, has your firm had an consolidations, mergers, acquisitions, closings, layoffs or staff reductions? q YES ~VJ NO If YES, list the fling date, and describe the facts and circumstances about each instance. Attach additions! sheets as necessary. 5.3. Is your firm in the process of, or in negotiations toward: (a) consolidating, merging, selling, or closing its business, ar (b} laying off employees or reducing stiff? q YES VLl NO If YES, describe the transaction; list the anticipated date for completing the transaction, laying off employees, or reducing staff; and describe the facts, circumstances, and reason for taF:ing the action. Attach additional sheets as necessary. 6. BIDDING; DEBARMENT; CONTRACT PERFORMANCE 6.1. Has a government entity ever debarred, disqualified, removed, suspended, or oti~erv~rise prevented you or your firm from bidding on, contracting, or completing a construction project? q YES NO If YES, identify the name of the government entity, list the date, and describe the facts and circumstances about each instance, and sfate the reason for the government entity's action against your firm. Attach additional sheets as necessary. Page 46 of 283 6.2. Has a government entity ever rejected your firm's Bid or Proposal on the ground that you or your firm is a "non-responsible" bidder or proposed q YES NO ff YES, identify the name of the government entify, list the date, describe the facts and circumstances about each instance, and state the reason or basis for the government entity's determining that your firm was a `non-responsible" bidder. Attach additional sheets as necessary. 6.3. Have you or your firm ever failed to fulfill or perform —either partially or completely -- a contract or an agreement with a government entity or a lienf? q YES NO If YES, identify the name of the government entity or client, list the date, and describe the fads and circumstances about each instance. Attach additional sheefs as necessary. 6.4. In the past five (5) years, have you or any officer or principal of your firm been an officer of another firm which failed to perform a cantracf or agreement? q YES ~NO If YES, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.5. Has your firm ever advised a government entity or a client, while your firm was under contract with the government entity or client, that your firm could not f or would not) fulfil! or perform —either partially orcompletely —the contract or the agreement based on the prices that your firm had originally submitted in a Bid or a Pr sal? q YES NO If YES, list the date, identify the name of the government entity or client, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.6. Has your firm ever requested a government entity or a clienf, while your firm was under contract with the government entity or client, to renegotiate one or more terms of the existing contract or agreen~ent? D YES NO If YES, identify the name of the government enfity or client, list the date, and describe the facts and circumstances about each instancy. Attach additional sheets as necessary. 6.7. Has your firm ever requested a government entity or a client, while your firm was under contract with the government entity or client, to. (a) cancel the contract or agreement, or (b) release or discharge your firm form the contract or agreement? Page 47 of 183 q YES NO If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.8. Has a government entity or a client ever terminated, suspended, ornon-renewed your firm's contract or agreement before its completion? q YES NO !f YES, identify the name of the government entity, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.9. Has a government entity or a client ever notified or advised your firm that your firm's performance under a coniracf or agreement was poor, sub-standard, deficient, or non- campliant? D Yes `m No If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.10. In the past five (5) years, has your firm paid, or haS your firm been assessed, liquidated damages on a contract or agreement? D YES ~ NO if YES, identify all such contracts/projects by owner, owner's address, the date of completion of the project, amount of liquidated damages assessed, and all other information necessary to fully explain the assessment or payment of liquidated damages. Attach additional sheets as necessary. 7. INSURANCE AND BONDS 7.1. In the past ten years, has an insurance company or a surety company: 7.1.1. Refused to insure your firm for liability coven ? ~1 YES NO 7.1.2. Canceled ornon-renewed your firm's insurance coverage? q YES ~NO 7.1.3. Refused to issue your firm a bond? q YES NO 7.1.4. Canceled or revoked a bond obtained by yo firm? q YES ~ NO Page 48 of 183 If the answer to any questions in 7.1.1 to 7.1.4 is YES, i~eniify the name of the insurance company or surety company, list the date, and describe the facts and circumstances about each insfance. Attach addition sheets as necessary. 7.2 In the past ten (10} years, has an insurance company or surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims against a performance bond, payment bond, or maintenance bo issued on your firm's behalf? q YES N0 If YES, identify each contract completed or amount of each claim, the name and telephone number of the claimant, the date, grounds and current status of the claim, and if reso{ved, the method, nafure, and amount of the resolution. Attach addition sheets as necessary. SURETY 8.1 If a performance and/or payment bond is required by this bid, Identify the bonding company if arrangements for the bond have been made; if not, identify the bonding company for ih~ Contractor's most recent project: 8.2 N me and address of a ent: ~.-n~n ac 1 ~ ~v,.~c.e-f y /fit : ~~l~W» 9zb~b All of the above statements as to experience, financial qualifications, and available p►ant and equipment are submitted in conjunction wish the proposal, as a past thereof, and the truthfulness and accuracy of the information is guaranteed by the Sidder. hereby certify under penalty of perjury under the laws of the state of California that the representation made herein are true and correct, Signature of Bidder Page 49 of 183 BIDDER'S EXPERIENCE FORN~ PROJECT ~1~qE: Remodel of 4321 and 4325 Furlong Piace ~ ~' ~ , •~! ~~ -.• =1~~ Ali rUl `~" r *'~'`Piease use additional sheets if necessary CONTRACT N0. CS-0849 List below the project information that estab~ishes That Bidder meets the essential requirements for qua(ifcaticn set fo~fh in the Ivia~datory Qualifications paragraph of the Notice Inviting Bids for Phis Project. CONTACT CONTRACT CONTF~',CT PROJECT NAf44E AND CONTACT PHONE START DATE END DATE ~ A1~OUNT AGENCY ADDRESS CONTACT DAME NUP~IBER b I ~$120~~1 ~,1 ~ o ~~~c ~~~~r ~~ ~ ~c Co~scn~~t a, ^''~t'1c. ~5`~ — ~n~ 1-~~~:~~ j bc.~ ~.Y'1 ~'a~n c o t t 2'~ ~ zoo b ~ 15 ~20~ Z~j ~ ~ 2 ~1~1 c~~ 'T~ ~~r ~,ea ~`~, ~~► -~ t ~ ~ 3 8o t ~ . -CeMr+ e A ct Cl ~s '~orna~ oti. p~ ~ 4~ 22 Zv ~ l 1~ ..fib ~~~ l b 3+a ~tao ~ ~ ~~` ~ ~wo~ ~t ~ ~°a"~ g'~'~t -- ~--~c~6z. 3~bot ~ w~ ~ a ~,~6 III of the above statements as to expericnc~ ~re submitted in conjunction with the proposa,, as a p~r~ thereof, and the truthfulness and accuracy of the information is guaranteed by the 8i~der. I hereby ceriry under penalty of perjG~ry under the laws o~ the sfafe of California that the representation made herein are true and correct. ! .. Signa#ure of 3idder ! 1C:1~ ~/l Print name: ~ ~~- State ci Cali~ornia Contractor's License No. '~-12'2—~ Contractor's LicEnse expiration date ~~_ Pa,e ~G of 183 CONTRACTaR SAFETY QUESTIONNAIRE t 1. i.1 ~ ~ ~~1 1 ~J~ 1~~ r 1 ~1i ~ ~} Primary Type of Work. GOB 5`~Y11~G"t'~-GG1~~ Person Completing Form. ~[hu ~Yt~r Title: ~ 1~1 Phone Number: 2i~ r' Z~ 6 ~ ~~~ Date: 2 ~ ~' ~ 20 t ~ SAFETY PERFORMANCE list your company's Interstate Experience Rating Modifier (ERM)1 for the three mast recent years. 20 /Vol. ta''~,,at: T20 • 20~' ~lt~_ 2. list your company's number of injuries/illnesses from your OSHA 300 logs fo t e three most recent years. ~ 20 1,~ 20 ~ 20~. a. Fatalities b. OSHA recordable incidents o— 0 ~ c. Lost work day incidents _,Q_ ~ e d. Total lost work days 0 0 e. Total hours worked ~ ~ ~ 3. Upon request from the Ciiy, the cantractor(s) shall provide copies of the following items (a-g}; and Items (d- g) for each listed Subcontractor a}. OSHA 300 logs for fhe most recent three years e}, Training Plans and current year-to-date b). Verification of ERM from your insurance carrier f}. Training Certificates for Employees c). Injury/Illness Report g). Emergency Response Training d~. Complete written Safety Program 4. Company Safety Contact: a. Name ~lJ~~ .~~n~.-- b. Phone ~«"'2~ ~^r ~~' 1 ERM = applies to workers' compensation policies. It compares the experience of this contractor to others of similar size, type and ratio. Used against annual premium. !t has a direct car~lation to how much the contractor pays in workers' comp premium. Page 51 of 183 CONTRACTOR SAFETY QUESTIONNAIRE (continued} SAFETY PROGRAM SAFETY PROGRAM DOCUPr1EN1'ATION a. Do have a written safety manual? Circle One ~o you grogram 1) Last revision date 01? 2c~ ~T b. Do yvu have a written safety field manual? ~e No c. Are all workers given a booklet that contains work rules, responsibilities, and other appropriate information? ~e Vo Z, POLICY AND MANAGEf~tENT SUPPORT Do have from ~ No a. you a safefy policy statement an officer of the company? b. Do you have a disciplinary process for enforcement ~ No of your safety program? c. Does management sef corporate safety goals? ~ No d. goes executive manageipent review: q Accident reports? iQ~s No q Safeiy statistics? ~s No q Inspection reports? ~ No e. Do you safety pre-qualify subcontractors? ~ No f. Do you have a written policy on accident reporting 'Y No and investigation? g. Do you have alight-duty, return-to-work policy? ~f No h. Is safety part of your supervisor's performance evaluation? l~~i~lo i. Do you have a personal protective equipment {PPE} policy? ~ No j. Do you have a written supstance abuse program? Yes ~ If yes, does it include (check alt applicable boxes): q Pre-employment testing ❑Return-to-duty testing q Random testing ❑Disciplinary process q Reasonable cause testing ❑Alcohol testing q Post accident testing [~ National Institute on Drug Abuse ~] Panel Screen k. Does each level of management have assigned safety ~No duties and responsibilities? Page 52 of 183 3 4 TRAINING AND ORIENTATION a. Do you conduct safety orientation training for each employee? b. Do you co~ciuct site safety orientation for every person new to the job site? c. Does your safety program require safety training meetings? ~ No for e~h su ervisor (foreman and above)? How ofte . Weekly ❑Monthly ❑Quarterly q Annuaiiy ❑Other d. Do you hold tool boxltailgate safety meetings focused on your specific work operaii nslexposures? How often? q Weekly ❑Daily Other l e. Do you require equipment operationlcertification training? ADMIf~JISTRATION AND PROCEDURES a. Does your written safety program address administrative procedures? If yes, chec which apply: Pre project/task planning ~l Record keeping Safety committees _ HAZC~M Substance abuse prevention Return-to-work b. Do you have project safety committees? ~s No i~ No ~: ~ ~J Emergency procedures ~ Auditslinspections Accident investigations/reporting ~/ Training documentation ^.,Hazardous work permits .^ Subcontractor prequalification ~J. ~ c. Do you conduct job site safely inspections? ~ No How often? q Daily Weekly [] Monthly ❑Other Do these inspections includes a routine safety inspection of equipment (e.g., scaf#old, ladders, fire extinguishers, etc.)? ~e No d. Do you investigate accidents? ~ No How are they reported? q Total company y superintendent q By proJec# By project manager q Qy foreman q In accordance with OSHA e. Do you discuss safety at all preconstruction and progress meetings? ~ No Page 53 of 183 Do yo erform rigging and lifting checks prior to lifting? (f~ No ~or personnel ❑For equipment ❑Heavy lifts (more Phan 10,000 Ibs.) 5. WORK RULES a. Do you periodically update work rules? (~ No When was the last update? bU ~1 b. What work practices are addressed by your work rules? q CPRlfirst aid ~'Access~—entranceslstairs [.Barricades, signs, [Respiratory protection and signals [~] Blasting .Communications Compressed air and gases Concrete work Confined-space entry Craneslrigging and hoisting q Electrical grounding q Environmen#al controls and Occupational health q Emergency procedures ~ Fire protection and prevention [~ Floor and wall openings (~ Fall protection '~ Housekeeping Ladders and scaffolds Mechanical equipment/ maintenance/pre-op checks! operation (Welding and cutting (hot work) Material handlinglstorage Temporary heat Vehicle safety Traffic control (~ Site v' 'tor escorting ublic protection Equipment guards and grounding Monitoring equipment Flammable material handling/storage [~. Site sanitation Trenching and excavating ~.LockoutfTagout Energized/pressurized equipment Personal protective equipment Tools, power and hand ~ Electrical power lines q Other OSHA INSPECTIONS a. Have you been inspected by OSHA in the last three years? Yes b. Were these inspections in response to complaints? Yes c. Have you been cited as a result of these inspections? Yes If yes, describe the citations (add additional sheets if necessary): Page 54 of 183 DESIGNATION OF SUBCONTRACTORS NAME OF BIDDER: ~i~~ 'tom ,~~~~'• each Bidder must list, on the form provided on the next page, each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the Work or improvement, ar a Subcontractor licensed in the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Wak or improvement according to detailed drawings contained in the Drawings and Specifications, in an amount in excess ofone-half of one percent of the Contractor's Base Bid Amount. Each Subcontractor must have an active and current license, and all requisite specialty certifications, when listed. Bidder must provide the following information for EACH Subcontractor. 1. The name of the Subcontractor; 2. The trade and type of work that the Subcontractor will perform; 3. Location (addressy of Subcontractor's place of business; 4. Subcontractor's license number; and any specialty licenses; and 5. Dollar value of the Work that the Subcontractor will perform. Subletting or subcontracting of any potion of the Work in excess of one-half of or e percent of the Contractor's Base Bki to ~nfiich no Subcontractor 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 constituting the emergency or necessity. If the contractor violates any of the above provisions the Contractor may be in breach of this Contract and the City may exercise the option, in its own discretion, to (1) cancel this Contract, or (2) assess the Contractor a penalty in an amount not more than ten percent (7090) of the amount of the subcontract involved, and this penalty shall be deposited in the fund out of which the prime Contract is awarded. if the Contractor fails to specify a Subcontractor, or if the Contractor specifies more than one Subcontractor for the same trade or type of Work to be performed under the Contract in excess of one-half of one percent of the Contractor's Base Bid Amount, then the Contractor agrees that he/she is fully qualified to perform that Work himself/herself, and that he/she shall perform that 1Nork himselflherself. If after award of Contract, the Contractor subcontracts any such Work, the Contractor will be subject to the statutory penalties. DESIGNAI'I~N OF SUBCONTRACTORS CORM IS ON THE FOLLOWING PAGE Page 55 0~ 183 Pfeass type or legibly print (at~ach ~ddiiianal sheets as necessary). Name of Subcontractor Email Contact Inzormation Trade and Type of Work to be Performed Business Locaticn ~~'Y'V'~C2,. C~ -2.. .. ~ ~s a n ."mac ~la~%s h i 1 ~j ~11.Cab+ ~~w~ ~"n b'~,~ ~(,,C host ~o~ ~a~..C~ ~errr o License Number Public Works Contractor Registration Number pa~lar (~) Value ~TOva~ 2. ~ Da v~~ jet}' Apr 60'G~ /o~~~ loo~oc~~F.,~ ~~,o~~ Page 56 of 1~3 The Contractor shall not: A. Substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except that the City may consent to fhe substitution of another person as Subcontractor in any of the following situations. 1. When the Subcontractor listed in the Bid, after having had a reasonable opportunity to do so, fails or refuses to execufe a written contract for fhe scope of Work specified in the Subcontractor's bid and at the price specified in the Subcontractor's bid, when that written contract, based upon the general terms, conditions, Drawings and Specifications for the Project or the terms of Contractor's writ#en Bid, is presented to the Subcontractor by the Contractor; 2. When the listed Subcontractor becomes insolvent or the subject of an order for relief in bankruptcy; 3. When the listed Sul~ontractor fai{s or refuses to perform hislher subcontract; 4. When the listed Subcontractor fails or refuses to meet the band requirements of the Contractor as set forth in Public Contract Code Section 4108; 5. When the Contractor demonstrates to the City that the name of the Subcontractor was listed as the result of an inadvertent clerical error; 6. When the listed Subcontractor is not licensed pursuant to the Contractors License Law; 7. When the Cify determines that the Work performed by the listed Subcontractor is substantially unsatisfactory and not in substantial accordance with the Drawings and Specifications, or that the Subcontractor is substantially delaying or disrupting the progress of the Work; 8. When the listed Subcontractor is ineligible to work on a public works project pursuant io Section 1777.1 or 1777.7 of the Labor Cade; or 9. V1lhen the City determines that the listed Subcontractor is not a responsible contractor. B. Permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original Subcontractor listed in the original Bid, without the consent of the City. C. Other than in the performance of "change orders" causir~g changes or deviations from the origin Contract, sublet or subcontract any portion of the Work in excess of one-half of one percent of the Contractor's Base Bid Amount as to which hislher original bid did not designate a Subcontractor. Prior to approval of the Contractor's request for a Subcontractor substitution, the Ciiy shall give notice in writing to the fisted Subcontractor of the Contractor's request to substitute and of the reason for the request. The notice will be served by certified or registered mail to the last known address of the Subcontractor. The listed Subcontractor who has been so notified shall have five (5} Working Days within which to transmit to the Cily written ob~ectlons to the substitution. Failure to file these written objections shall constitute the listed Subcontractor's consent to the substitution. if written objections are filed, the City shall give notice in writing of at least five (5) Working Days to the listed Subcontractor of a hearing by the Ciiy on the Contractor's request for substitution. The Contractor, as a condition to asserting a claim of inadvertent clerical error in the listing of a Subcontractor, shall within two (2} Working Days after the time of the Bid Deadline, give written notice to the City and copies of such notice to both the Subcontractor he/she claims to have listed in error and the intended Subcontractor who had bid to the Contractor prior to the Bid Deadline. Page 57 of X83 QUESTIONNAIRE REGARDfNG SUBCONTRACTORS Bidder shall answer the following questions and submit with his/her Contract proposal. 1. Were bid depository or registry services used in obtaining subcontractors bid figur s in order to compute your bid? Yes ~] No'~ 2. If the answer to No.1 is "Yes", please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? 4. Has any person or group threatened you with subcontractor boycotfs, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid d positories? Yes q No~ 5. If the answer to No. 4 is "Yes", please explain the folbwing details: (a) Date: (b) Name of person or group: (c} Jab involved (if applicable): (d) Nature of the threats: (e) Additional comments. Use additional paper if necessary) 6. Was a conscious effort made to recruit or provide equal opportunity for bids by nority or project area subcontractors? Yes q I~~o`~ 7. Was a conscious effort made to recruit and hire project area lower-income residents? Yes q No~ Please submit statement. 8. We declare under penalty of perjury That the foregoing is true and correct. Dated this _~ day of ~~2~ , 20~. A(I of the above statements as to experience, financial qualifications, and available plant and equipment are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the bidder. Name of Company By: ~01,~ ~~S~l~r~- Title: ~~ Page 58 of 183 SPECIALTY CONTRACTOR OR SUBCONTRACTOR STATEMENT OF QUALIFICATIONS ~.EAD AND ASBESTOS ABATEMENT WORK As part of its Bid, Bidder shall submit this Statement o#'Qualifications for the Subc:ontrActor that ~vil1 perform tl~e {Insert specialty sub-contractor work}, or for the Bidder itself, if Bidder will self-pei•forin the Lead and As6e~tos Abatement Work. This information shalt provide evidence to indicate successful experience in providing Lead and Asbestos Abatement work eomparabl8 to that specified in the Project Drawings and Specifications. Referenced c~ualific~tions shall demo~istrate experience as a s►~ccessful contractor in removal and disposal of hazardous materials. A Bia may be rejected as no~i-responsive if Bidder fails to provide this completed form with tl~e Bid or submits this form with inaccurate information. M~ncl~tory qu.~lifie~tioiis: Specialty Contractor (or Bidder, if'seff-performing) shall E~ossess a valid (ASI3 — Ast~estos Certification License fl om the California Sts~te I,iceusiug Board", "D,O.S.[-I. —Certificate of RegistrsitIon for Asbestos-Related Work", Knd "LEAD-SAFE EPA Certification) California Contractors License at the time of the Bid Detidline and at all tines during performance of the Work and shall establish that it satisfactorily completed at least tE~i•ee (3) projects as tt~e installer of a minimum of {Insert description of the work to be performed}; each comparable in scope and complexity to this Project, within three (3) yes~rs prior to the Bid Deadline. Specialty Contractor Name, .,~Y~tkl~et~l _C -~'~v~'1 Cem~~ca ~.t~1 C t Project Manager 1 Foreman: CAA. ~. G~~M~~ .~1r' Phone No: 1 0 o a o0 6 Ate! ~-mail; ~ .~ ~'~a~ Cry ~jr:.c~je~~•cov+~ COMPARABLE PROJECTS {Provide three) 1. Project Name. roe ' ~ ` i Address: "3 ~ko L ~V a~'~'~ c~r1 S. {fir. ~ ~N?i1~S ~ ~ ~s~- ~'2~'L i Date Completed: t ~ 1 ~ ~ i Reference t Contact Name: ~5~ ~r r~~~. Reference l Contact Phone No: ~~1 ~- a~-~ -~ n l Z. Description of work performed: ~-5~ ~~ t~V/~,1 l --A~y+~~1 ,~rn.~e~. 2. Project Name: ~ ' ~~YY~ Address: ~ ~3 Z 1~'1bY1 r~0 ~ .gG. 1~Z'~V~S ~~ - Q ?~ Date Completed. _ ~ ~- ~ ~~ ~ n Reference 1 Contact Name: ~ ~ ~'~.$~,.- Reference ~ Contact Phone No: ~~ i ~~SS2 " A~~ Description of work performed: B Page 59 of 183 3. Project Name: m p Qate Camplefed: ,. ,~—t Q _l ~ Reference ~ Contact Name: ~Y~ C, ~, f~ C,o ~ Reference /Contact Phone No: "'1 l ~.4- -- ~ L~ p- ~ 2.`0 ~^ 4. Project N Address: Date Completed: _ ~ ~ •- 2, ~'" ~~ Reference i Contact Name: ~.. ~...~v~ ~+~'~~''1 Reference /Contact Phone No: "r~' ~ -- ~-2,,f1 -- ~~? Description of work perform~d: ~~~~ ~l ~~ r~~~ Page 6Q of 183 - ,¢ /, v u'_ r' itT . - ~•-. ~ ~ $ ~ f'; :"_~ ~'~.' ~rl 'dal. +r~ fp _,__1- , ~ ~ t• -. .1 i 'f t~i~~•• _ ~. • •Y.. CONTRACTOR'S AFFIDAVIT OF NON-COLLUSION STATE OF CALIFORNIA ) COUNTY OF ~,Pi.~ being first duly sworn, deposes and says: 1. That he/she is the ~-~~ (Title of office if a corporation, ~~sole owner,.' ..Partner,.. or other proper title) of ~ reinafter called "Contractor"} who has submitted to the Ci f Vernon a Bid for the construction of the Remodel of 4321 & 4325 Furlong Place; 2, That said Bid is genuine; that the same is not sham; that ail statements of fact therein are true; 3. l~hat said Bid is not made in the interest or behalf of any person, partnership, company, association, organization, or corporation not named or disclosed; 4. That Contractor did not, directly or indirectly induce, solicit, agree, collude, conspire or contrive with anyone else to submit a false or sham bid, to refrain from bidding, or withdraw hislher bid, to raise or fix the Bid price of Contractor or of anyone else, or to raise or fix any overhead profit, or cost element of Confractor's price or the price of anyone else; and did not attempt to induce action prejudicial to the interests of the City of Vernon, or of any other Bidder, or anyone else interested in the proposed Contract; 5. That the Contractor has not in any manner sought by collusion to secure for himself an advantage over any other Bidders ar induce action prejudicial to the interests of the City of Vernon or of any other Bidder, or anyone else interested in the proposed Contrac#; 6. That the Contractor has not accepted any bid from any Subcontractor or material supplier through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or material supplier, which is not processed through said bid depository, or which prevent any Subcontractor or material supplier from bidding to any Contractor who does not use the facilities of or accept bids from ar through such bid depository; _, 11! Page 61 of 183 7. That the Contractor did not, directly or indirectly, submit the Contractor's Bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or #o any individual or group of individuals, except to the City of Vernon, or to any person or persons who have partnership or other financial interest with said Cantractar in hislher business. declare under penalty of perjury under the {aws of the State of California that the foregoing is true and correct. Dated this ~ day of ~~j. 2p ~~ at ~~C~. ~~~ onth/Year City State Contractor (P ase Pri t) Contractor's S~ nature ~0 Title CONTRACTOR'S SIGNATURE MUST BE NOTARIZED Page 62 of 1B3 THE BIDDER'S INSURANCE COMPANY(S) OR INSURANCE AGENT MUST COPJIPLETE THiS FOR~vi AND THE BIDDER MUST SU8MIT THfS CERTIFIeATiON 1NITH THE BID FORMS. I, the undersigned (Please check one box) underw~iter~'agent, certify that I antl the Contractor listed below have jointly reviewed the "Insurance Requirements'' in These Biding Documents and the Contract Documents. if the City of Vernon ~"City°j awards the Contractor the Contract for this project, I will be able—within fourteen (14) calendar days after the Contractor is notified of the Contract's award--to furnish the City with valid insurance forms (including one or mare insurance certificates and additional insured endorsementsy that fully meet all of the Insurance Requirements. Name of Insurance Company Date Insurance Agent's jVame (Printed) (signature) ~ '~~1S~"wee.. $31J ~ Address City Insurance Agent's Name ~~ o State Zip Code Telephone Number FAX Number Email Address Sort N 50 4, (~1~'(,t~at fd~+~a~ewtX, ~,n ~, Confractor's Name City Specification Number Below Sfafe The Name of lr~surance Company Providing Coverage: DO NOT write "Vllill Provide," "To Be Determined," "When Required," or similar phrases. 1 ~rs~.~nnc~ ~r~va~~.. i1 ~;~, ~~r~arn.~~c Commercial General Liability v ~'a~~ iN~►-~e,~-- Cow Workers' Compensation Liability City Will Purchase Policy, if required Builders Risk Automobile Liability Pollution liability (NOTE TO CONTRACl'~R: See ~{nsurance Requirements" EXHIBIT 4 of the Contract for the requirement of obtaining Poilu#eon Liability ►nsurance.] NO''E TO THE UNDERWRITER I AGENT: If the insurance forms that the Contractor submits to the City do not fully comply with the Insurance Requirements, and/or if the Contractor fails to submit the forms within the 14-day time limit, the City may; (1) declare the Contractor's Bid non-responsive, and (2~ award the Contract to the next lowest responsible Bidder. Page 63 of 183 LIVING WAGE COMPLIANCE CERTIFICATION This contract is subject to the City of Vernon's Living Wage ~rdinar~ce, Vernon Municipal Cade Chapter 2, Article XVIII ("Ordinance's. The Ordinance requires that service contractors providing labor or services to the City by contract in excess of $25,000: ¨ Pay no less than ten dollars and thirty cents ($10.30) per hour with medical benefits, ar eleven dollars and fifty-five cents ($11.55) per hour without medical benefits to all employees, as defined in the Ordinance who, at any time! provide labor or delivery services to the City of Vernon. Additionally, on July 1st of each year thereafter the Llving 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 rafies na later than July 1st, to remain in compliance. Notify employees who spend any of their time provldfng labor or delivering services to the City of Vernon who make less than twelve dollars ($12) per hour of their possible right to the federal Earned Income Tax Credit (EITC} under § 32 of the Internal Revenue Code of 1954, 26 U.S.C. § 32, and making available to such employees forms required to secure advance EITC payments. Tf there is a difference between the Vernon Llving Wage rates and the California Prevailing wage rates for the same classification of labor, the Contractor and subcontractor shall not pay less than the highest wage rate for that classification. The selected contractor will be required to show compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract; job classification; rate of pay and benefit rate, Provisions of the Living Wage ordinance may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in clear and unambiguous terms. If this provision applies, you must provide a copy of the collective bargaining agreement to the City. I do hereby certify and declare under p natty of pe jury that if awarded the contract for which this bid/proposal Is made. ill ~~ly with the (Name of Company) requirements of the Vernon Living Wage Ordinance, Vernon Municipal Code Chapter 2 Article XVIII and the rules and regulations promulgated thereunder. Y understand that failure to comply with the provisions of the Vernon Living Wage Ordinance may result in termination of the contract as well as other penalties as stated in Vernon Municipal Code Chapter 2 Article XVIII. ____ P1ea~e return this foi•,~1 with your• bid/proposal. Questions concec~iing the Living W~~ge Oi•dittaiice st~ottld be directed to the Department of Finance —Purchasing Division 323.583.8811. Page 64 of 183 CERTIFICATE OF EQUAL OPPORTUNIT1( PRACTICES City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 Fax (323) 826-1435 Internet: www.cityofvernon,org Article I. Affidavit of Equal Opportunity Employment & Non-segregation (Form AA-1) Article II. Vendor List Questionnaire {Forms AA-2 &3) In order to be placed to the City's vendor list and be eligible to receive City business, you must provide the following information except where indicated as "optional." By submitting this form you are declaring under penalty of perjury under the laws of the State of California and the laws of the United States that the information is true and correct. Furthermore, you are certifying that your firm will adhere to equal opportunity employment practices to assure that applicants and employees are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your firm does not and will not maintain or provide far its employees any segregated facilities at any of its establishments, and that it does nod and will not permit its employees to perform their services at any locafiion, under its control, where segregated facilities are maintained. C~Y~g'k~r tx,~ ~ ~1 Name of Company: _ _'~ N Sons Cs~cn~r0~.~ - - ~ ~l~c. Business Telephone: ~2-~~J~Zt6~~~5 Fax Number: ~~3)~q6 - ~ ~~ (optional) Address; ~"i3 w ~~.ar~.e. R~ Gt ~-o City: ~~~tS~ State. CA zip gcoo~' Contact Person ~O"f ~n~'q E-mail Address ~ s ~ ~~1. tom opti na!) Tax ID Number (or Social Security Number) 0~~~,b5b3bt Remit Address (if different) Please state clearly and concisely the types} of goods and services your company provides: L~3Y1Cce.~.-, ~rcc.~n~+~ha ~ ~►,~<< wt~~ , ,om,v►~tY~► ~~,.v~ , ~.t~2., ~la~;~ ~ ~1~~I+t~,b~~ --~ The following secfiion is OPTIONAL and is for statistical repotting purposes only. Ownership (please check alt that apply): African-American Asian v Armenian Hispanic Native American Disabled Female Page 65 of 183 Project Workforce Utilization (Form AA-21 This form is to be included in a!1 bid doeun~ents far projects involving labor or services valued at $2~r00fl or more. Instructions: Please indicate tt~e job titlesJclassifications to be used in the ~rformance of this contract should it be awarded to your firm. P(e~se indicate the number o► employees in eaci~ job classification as will zs the number of new hires, if any, as a result of this contraCi. Name of Company: Sony 1V Sews C~e~n~,rat Cov~y~~ausv► 'I.nG. Project: 1~e~od.et o~ 432t $ ~3~ ~,,ri~ P~~c.. ~ C~~ ~-~tva. cs-o~q Job Ttles/Ctassifcation estimated number of exis~ng staff to be employed in this classification if awarded the contract Estimated number of new hires to be employed in this classification if awarded the contracfi ~t a .~,c~r l~ 5~ n~ i CS t 0 ~ 2 0 C e r 3 '~ Are any current employees or poten~iai new hires Vernon resiCents? If so, how many? ~~~ N ~~ Page E6 of 183 Current Permanent Workforce Uti(iration fForm AA-3~ QPTIONAL Name of Company: ~n~ ~ ~~5 ~~`Na~ ~'n's~~~n ~cn~= Protect: '~~c~a~e.~ o~ `~3z~ &. `~'~~ _F~<lovy_ _4t~c~ L Cev~t~c~ ova• cx-o~`t~1 Completion of this farm is aPTIONAL. Any information supplied by vendors is for reporting purposes only and will not be factored into the award of any contract. Instructions: Please indicate the number of employees in each Job Classification belonging to the ~oliowing groups. White African-American Hispanic Asian~Pacific Native Armenian Male Female (not of Hispanic {not of ~iispanic Islander American origin) origin) CLASSIFICATION Officials/ ~ ~ Z I Managers Professionals Technicians Office/Clerical 2 ~ Ski I fed Craft Workers .Z t 3 Operators ~ ~ (semE-skilled !.a borers ~ 1 ~, Service Workers TOTAL ~ ~ ~ 2- :: _Qe 67 o f ~ 8 ~ ATTACHMENT1 PROJECT MANUAL SPECIFIC FOR THIS PROJECT TABLE OF CONTENTS Section `Title Page Project Description 3 003300 Existing Conditions 3 006510 Project Warranty 3 008100 Special Project Requirements 4 011100 Summary of Work 4 011110 Owner Selected Products 4 011120 Pre-Ordered Products 4 011400 Work Restrictions 5 012100 Allowances 5 012500 Contract Modification Procedures 5 013100 Coordination 6 013110 Project Meetings 6 013300 Submittal Procedures 6 014100 Regulatory Requirements 7 014400 Quality Assurance 7 015100 Temporary Utilities 8 015200 Construction Facilities 8 015700 Temporary Erosion and Sedimentation Control 8 016000 Materials and Equipment 9 016300 Product Substitution Procedures 9 017000 Project Closeout 9 017100 Cleaning 10 017210 Field Engineering 10 021000 Site Clearing 10 025150 Portland Cement Concrete Paving 11 033100 Cast in Place Concrete 11 042000 Unit Masonry 13 055000 Metal Fabrications 15 061000 Rough Carpentry 16 062000 Finish Carpentry 17 072000 Building Insulation 17 073110 Asphalt Composition Shingles 18 074630 Plastic Siding 18 City of Vernon Housing Page 1 of 30 Vernon, California 9/30/2015 076000 Flashing and Sheet Metal 079000 Joint Sealants 082100 Wood Doors 083600 Sectional Overhead Garage Doors 085200 Vinyl Windows 087100 Finish Hardware 092000 Cement Plaster (Stucco) 092500 Gypsum Board 093100 Ceramic Tile 096800 Carpet 099000 Painting 108000 Toilet and Bath Accessories 114500 Residential Equipment 122113 Horizontal Louver Blinds 123050 Pre-Manufactured Casework Division 22 Plumbing Division 26 Electrical Work 19 20 20 20 21 22 22 23 23 24 25 26 26 27 27 28 29 City of Vernon Housing Page 2 of 30 Vernon, California 9/30/2015 CONTRACT DOCUMENTS SPECIFICATIONS PROJECT DESCRIPTION 1.01 The project consists of remodeling and refurbishing of approximately 1300 square feet of residential space in the City-owned single family dwelling located at 4323 Furlong PI. Vernon, CA 90058 and shall be completely finished as shown on the drawings and these specifications. A. The exterior of building shall be finished with vinyl siding, trims, soffits and fascia, vinyl, dual pane low E windows, entry doors, general repair, replacement and repainting of existing materials to remain, removal of existing roof on single family dwelling and replacement of/2 inch plywood, synthetic underlayment and asphalt shingles, and other work as shown on the drawings and specifications. B. The interior work includes patching, repair, texture and painting of walls and ceilings, removal and replacement of wood and door casings and baseboards, replacement of all interior doors, new window treatments, removal and replacement of carpeting, new kitchen and bathroom cabinets and countertops, installation of new garbage disposal, new appliances (purchased separately by Owner, but installed by contractor), new fixtures and accessories. C. Electrical work includes new exterior and interior light fixtures, outlets, conduits and new wiring throughout the single family dwelling to meet current code requirements, smoke and carbon monoxide detectors, new doorbell system, computer, telephone and television cabling from designated rooms and locations to weatherproof exterior junction box. D. Mechanical work includes removal of existing water heater and replacement with a gas powered 6.4GPM Rheem tankless water heater, installation of gas line and water supply lines as required. (HVAC system has already been replaced). E. Plumbing work includes replacement of complete sanitary drainage system to the property line with ABS piping except vent lines, repiping all water lines from meter to fixtures with copper piping, and repiping of gas lines from meter to fixtures. F. Sitework includes design and installation of an automatic irrigation system for proper lawn watering, removal and replacement of lawn with Marathon sod and other plantings as indicated or directed by Owner. Install ADA compliant concrete ramp as indicated on Drawings. DOCUNIEIVT 003300 -EXISTING CONDITIONS 1.01 Drawings and specifications are based on existing conditions as superficially observed by the Architect and Owner. Actual conditions discovered during execution of Work may differ from observed conditions. DOCUMENT 006510 -PROJECT WARRANTY Provide cone-year warranty on all materials, fabrication, and installation, atwo-year warranty on the water heater and ten-year warranty on structural items. Warranty is null and void if the Owner makes any changes in design features of the home including, but not limited to, the mechanical systems, electrical systems, new additions, building envelope, and roofing systems that do not comply with the California Title 24 Energy Codes for residences. City of Vernon Housing Page 3 of 30 Vernon, California 9/30/2015 DOCUMENT 000810 -SPECIAL PROJECT REQUIREMENTS 1.01 Visitors and subcontractors are required to wear hard hats on the job as directed by the superintendent or foreman on the job. 1.02 Non-complying parties will be required to leave the job site. 1.03 Comply with applicable OSHA, State of California, and related safety regulations. 1.04 Comply with ADA requirements to make 2 of 4 units ADA accessible with the other two made ADA adaptable. SECTIOiV 011000 -SUMMARY OF WORK 1.01 Provide labor, equipment and materials necessary to complete the Work. Provide supervision of construction activities. 1.02 The words "Furnish", "Provide", "Include", "Supply", "Erect", "Deliver", "Install", "Apply", "Lay" or "Place": These words are intended to be synonymous and to indicate that the material or work specifically mentioned is to be furnished and installed completely and incorporated into the Work. 1.03 Documents on Site: Maintain copies of drawings, specifications, and related construction documents on site. 1.04 Exclusions: The following work items are not included in the project: A. Furnishings SECTION 011110 —OWNER SELECTED PRODUCTS 1.01 Refer to Drawings and Schedules for those items selected by Owner and installed by Contractor. 1.02 Owner's Responsibilities: A. Arrange and pay for new product delivery to Site placement. B. Deliver Owner furnished items in compliance with Construction Schedule. C. On delivery, inspect products jointly with Contractor. D. Submit claims for transportation damage and replace damaged, defective, or deficient items. E. Arrange for manufacturer's warranties, inspections, and service. 1.03 Contractor's Responsibilities: A. Review shop drawings, product data, and samples. B. Pick-up and deliver items relocated under this contract. C. Receive and unload products at Site; inspect for completeness or damage. D. Handle and store products to prevent damage. E. Repair or replace items damaged after receipt. F. Provide Mock-ups as required. SECTION 011120 -PRE-ORDERED PRODUCTS 1.01 Owner has negotiated purchase orders with suppliers of material and equipment to be incorporated into Work. These purchase orders will be assigned to Contractor and costs for receiving, handling, storing, and installing shall be included in the Contract Sum. City of Vernon Housing Page 4 of 30 Vernon, California 9/30/2015 1.02 Contractor shall renegotiate purchase, if necessary, and execute final purchase order agreements. SECTION 011400 -WORK RESTRICTIONS 1.01 Access to Site: Site access shall be accomplished by way of existing access as shown on the drawings. 1.02 Use of Site: Confine operations at site to areas permitted. Do not unreasonably encumber site with materials or equipment. Coordinate use of site for access to construction area and for storage of materials. 1.03 Materials Stored On-Site: Assume responsibility for protection and safekeeping of products stored on construction site. Store materials in such a manner that will protect public from possible injury. If possible, store materials so public does not have access to materials. 1.06 Smoking On Site: No smoking will be allowed on construction site by any person having anything to do with Project. Subcontractors shall enforce this requirement. SECTION 012100 —ALLOWANCES 1.01 Include in the Contract Sum cash allowances as follows: A. Ceramic Tile: $3.50 per sq foot material only. B. Carpet: $25.00 per sq yard material only. C. Light Fixtures: $75.00 minimum per fixture, material only. D. Plumbing Fixtures: $175.00 minimum each per fixture, material only. 1.02 Upon selection of above materials, arrange for purchase and delivery to project site. Install and finish products in compliance with specified requirements. 1.03 Should the actual cost be more or less than the specified amount of an allowance, the Contract Sum will be adjusted accordingly by change order. 1.04 Electrical and Plumbing Fixtures: Order fixtures when selected. Provide a copy of supply house receipt showing cost of fixtures. Include fixture markups in base bid, maximum 10%. SECTION 012500 -CONTRACT MODIFICATION PROCEDURES 1.01 Owner or Architect may initiate changes by submitting a Proposal Request (RFP) to Contractor. Request will include: A. Detailed description of the change, products, and location of the change in the Project. B. Supplementary or revised Drawings and Specifications. C. Such request is for information only, and is not an instruction to execute the changes, or to stop Work in progress. 1.02 Contractor may initiate changes by submitting a written notice to Owner containing: A. Description of proposed changes. B. Statement of the reason for making changes. C. Statement of the affect on the Contract Sum and Contract time. D. Statement of the affect on the work of separate contractors. E. Documentation supporting any change in Contract Sum or Contract time. City of Vernon Housing Page 5 of 30 Vernon, California 9/30/2015 1.03 Sub-contractor shall support each quotation for a lump sum proposal, and for each unit price not previously established, with sufficient substantiating data to allow Owner to evaluate the quotation. A. On request, provide additional data to support time and cost computations: Labor required; equipment required; products required; taxes, insurance, and bonds; credit for work deleted from contract, similarly documented; overhead and profit; and justification for any change in contract time. B. Support each claim for additional costs, and for work done on atime-and-material/force account basis, with documentation of name of the Owner's authorized agent who ordered the work and date of the order; dates and times work was performed and by whom; time record, summary of hours worked, and hourly rates paid; and receipts and invoices. SECTION 013100 -COORDINATION 1.01 Coordinate subcontract work with the Work of the entire project. 1.02 Resolve differences or disputes concerning coordination, interference, or extent of Work of the various Sections. 1.03 Provide basic layouts of grid lines and station points on subfloors, as necessary, to facilitate coordination and layout of partitions and Work at and above the ceilings. Confirm extent of layout with Owner. SECTION 013110 -PROJECT MEETINGS 1.01 Prior to commencement of Work, apre-construction conference will be held to discuss procedures to be followed during the progress of the Work. Attending shall be Owner, Contractor, Subcontractors, and others as appropriate. 1.02 Eleven months following date of substantial completion of the project by the Owner, attend a meeting for the purpose of review of guaranties/warranties, and service and maintenance contracts for materials and equipment. Take action as appropriate to implement repair or replacement of defective items, and to extend service and maintenance contracts, as desired. SECTION 013300 -SUBMITTAL PROCEDURES 1.01 Make submittals a minimum of 14 working days prior to ordering to allow the time required for reviews and approvals. Comply with Submittal Schedule. 1.02 Identify each submittal and resubmittal with Project name and address, Subcontractor's or supplier's name and address; Name and telephone number of contact individual. Whether it is an original or a resubmittal and date of submission. 1.03 Prior to submittal for Owner's review, fully coordinate material. Determine and verify field dimensions and conditions, materials, catalog numbers and similar data. Submittals shall be complete; Owner will reject partial submittals for not complying with the Contract Documents. 1.04 Submit Product Data, Shop Drawings and Samples as required by the various Specification Sections. Submit in accordance with the approved submittal schedule. 1.05 Samples: Submit in the size specified in the individual Specification Sections. 1.06 Schedule of Submittals for Owner Approval: Appliances (Whirlpool or equivalent) Plumbing fixtures (Kohler or equivalent) City of Vernon Housing Page 6 of 30 Vernon, California 9/30/2015 Paint colors (Dunn Edwards or equivalent) Ceramic the (Based on a the cost of $3.50 per square foot) Carpet (Based on a carpet cost of $25.00 per square yard including carpet padding) Lighting Fixtures. (Based on a light fixture cost of $75.00 each) Kitchen and bathroom fixtures shall be a minimum value of $175.00 Windows (Milgard or equivalent) Window Treatments. Pre-manufactured Casework. Countertops to be granite or equivalent. Vinyl siding (Alside or equivalent). Toilet and Bath Accessories (Kohler or equivalent). SECTION 014100 -REGULATORY REQUIREMENTS 1.01 Unless otherwise indicated or specified, perform the Work in conformance with the latest edition of applicable codes, standards and regulatory requirements. 1.02 In case of conflict between referenced regulatory requirements comply with the one establishing the more stringent requirements; between referenced regulatory requirements and Contract Documents comply with the one establishing the more stringent requirements. SECTION 014400 -QUALITY ASSURANCE 1.01 Develop and maintain Quality Control Program to perform inspections and testing of items of Work, including those of subcontractors to ensure conformance to Contract Documents. 1.02 Provide appropriate facilities, instruments, and testing devices required for performance of quality control. 1.03 Maintain quality control over suppliers, manufacturers, products, services, site conditions, fabrication, and installation, to produce Work of specified quality. 1.04 Ensure quality control procedures apply to manufactured and shop fabricated items. A. Ensure materials, products, and equipment conform to requirements of Contract Documents and submittals have been reviewed by Owner as required by Contract Documents. B. Examine areas and conditions under which Work is to be performed and identify conditions detrimental to proper or timely completion. Do not proceed until unsatisfactory conditions have been corrected. C. Perform inspections on routine basis to ensure continuing compliance with Contract requirements. 1.05 Assemble and erect field samples and mock-ups at Project Site for review as required by Contract Documents. Coordinate scope, location, duration with Owner. Acceptable field samples and mock-ups represent a quality level for Work. Remove or disassemble field samples and mock-ups as directed by Owner unless allowed to remain as part of the completed Work. Clear area and dispose of materials unless otherwise indicated. City of Vernon Housing Page 7 of 30 Vernon, California 9/30/2015 SECTION 015100 -TEMPORARY UTILITIES 1.01 Electrical Subcontractor shall arrange with electric utility service company to provide service required for power and lighting. Distribute electric power and lighting as required for the performance of the Work. 1.02 Plumbing Subcontractor shall arrange with utility service company to provide water for construction purposes. Make potable water available for human consumption. 1.03 Provide temporary sanitary facilities. 1.04 Provide fire extinguishers, fire hoses, and other equipment as necessary for proper fire protection during the progress of the Work. Such equipment shall be designated for use for fire protection only. 1.05 Provide construction heating, cooling, and ventilating necessary to maintain specified or required environment for construction operations and to protect materials and finishes from damage due to temperatures or humidity. 1.06 Provide ventilation of enclosed areas to cure materials, disperse humidity, and to prevent accumulations of dust, fumes, vapors, or gases. SECTION 015200 -CONSTRUCTION FACILITIES 1.01 Provide temporary facilities and controls as required to perform the Work. 1.02 Provide, operate and maintain necessary facilities and tools for fabricating, handling, conveying, installing and erecting materials and equipment required under the Contract. 1.03 Provide and maintain suitable temporary barriers as required to prevent public entry; protect the Work and existing facilities, persons, and trees and plants from damage or injury from construction operations. 1.04 Secure, maintain and protect the Work, stored materials, equipment and temporary facilities until time of acceptance or such earlier time as Owner may choose to assume such responsibility. 1.05 Conduct construction operations to prevent windblown dust and dirt from interfering with the progress of the Work. 1.06 Remove temporary facilities and controls, including associated materials and equipment, when their use is no longer required. SECTION 015700 -TEMPORARY EROSION AND SEDIMENT CONTROL 1.01 Obtain permits required by regulatory authorities for provision of erosion control. 2.01 Silt Fence: Pre-manufactured or assembled on-site of geotextile filter fabric. Provide posts of 5- foot minimum length with 4-foot spacing of 2-inch square wood or 1.0 pound per lineal foot standard steel. 3.01 Install erosion protection prior to initiation of demolition, earthwork, or other soil disturbing activities. Install additional erosion protection as work progresses in accordance with means, methods, and schedule of construction. 3.03 Stockpile Protection: Install silt fence at bottom perimeter of stockpiles to remain longer than 2 weeks. City of Vernon Housing Page 8 of 30 Vernon, California 9/30/2015 SECTION 016000 -MATERIALS AND EQUIPMENT 1.01 Material and equipment incorporated in the Work shall be new, unless otherwise specified. Suitable for the use intended. No material or equipment shall be used for any purpose other that for which it is designed or specified. 1.02 Manufactured products shall be delivered in the manufacturer's original, unbroken containers or packaging, with identifying labels intact and legible. Store manufactured products in accordance with the manufacturer's instruction, with seals and labels intact and legible. SECTION 016300 -PRODUCT SUBSTITUTION PROCEDURES 1.01 Substitutions for products identified in the Contract Documents may be proposed only if the items indicated or specified or approved as substitutions during the Bid period have subsequently become unavailable. Whenever a product is identified in the Contract Documents by reference to manufacturer's name, trade name, catalog number, or the like, it is so identified for the purpose of establishing a standard, and products of other manufacturers may be equally acceptable, provided the proposed products are, in the opinion of the Owner, of equal quality, reputation, utility and appearance. 1.02 In requesting approval for a substitution, the Contractor represents that he has investigated the proposed product and determined that it is equal to or superior to that indicated or specified; will furnish the same guaranties/warranties or bonds for the substitution as for the product indicated or specified; will coordinate the installation of an accepted substitution into the Work, and make such other changes as required to make the Work complete and in compliance with the Contract Documents and applicable regulatory requirements. 1.03 Waive claims for additional costs that may subsequently become apparent associated with the substitution. 1.04 Submit requests for substitution approval in written form 7 calendar days prior to bid. Provide sufficient information to enable proper evaluation to be made. Submit complete technical data, including drawings, performance specifications, cost data, samples and test reports of the product proposed for substitution. Submit additional information, if required by the Owner. 1.05 Owner will be the sole judge of the acceptability of proposed substitution and his determination will be final. Approval of a substitution shall not relieve the subcontractor from responsibility for the proper execution of the Work and any other requirements of the Contract Documents. 1.06 For products indicated or specified by naming only one product and manufacturer, followed by the words "no substitution allowed" there is no option. SECTION 017000 -PROJECT CLOSEOUT 1.01 Contract closeout includes final cleaning, project record documents, operating and maintenance data, instruction of the Owner, guaranties, warranties and bonds, service and maintenance contracts, preparation for final inspection, damage and restoration, remedial Work and extra materials. 1.02 Use cleaning materials that will not create hazards to health or property or cause damage to products or Work. Use cleaning materials and methods recommended by the manufacturers of the products to be cleaned. 1.03 Where maintenance manuals, record data, and operating instructions are required in the individual Specifications Sections, prepare such in three-ring, durable, plastic binders sized for 8- 1/2 x 11 inch sheets and including at least the following: A. Where possible, furnish, instruction, including special start-ups and running time, prior to occupancy of the building at no additional expense to the Owner. City of Vernon Housing Page 9 of 30 Vernon, California 9/30/2015 B. Manufacturers' warranties notwithstanding warrant the entire Work against defects in materials, fabrication and installation for 12 months from the date of acceptance. Guaranty/warrant or bond Work as required in the individual Specification Sections. 1.04 Restore or replace, as specified or directed by Owner, materials and finishes damaged from movement of equipment or other operations at no additional expense to the Owner. Restoration shall be equal to the original Work, and finishes shall match the appearance of existing adjacent Work. 1.05 Remedial Work necessary owing to faulty workmanship or materials shall be at no additional expense to the Owner. Work shall be coordinated with the Owner and performed at such time and in such manner to cause minimal interruption and inconvenience to the Owner. 1.06 Where required in the individual Specifications Sections, furnish extra materials in the quantities and manners specified. SECTION 017100 - CLEAfVING 1.01 Remove waste materials, debris, tools, equipment, and excess construction materials from site and dispose of lawfully. 1.02 Meet regulations of authorities having jurisdiction and safety standards for cleaning. 1.03 Do not burn waste materials without burning permit. 1.04 Do not bury debris or excess materials on Owner's property. 1.05 Do not discharge volatile, harmful, or dangerous materials into sanitary or storm drainage systems, lakes, streams, or the like. SECTIOf~ 017210 -FIELD ENGINEERING 1.01 Provide field-engineering services required for the Project, including the following: A. Identify existing control points and property line corner stakes indicated on the Drawings. B. Establish benchmarks on the site, referenced to data established by survey control points. C. Establish lines and levels for building locations and layout. 1.02 Maintain benchmarks, monuments and other reference points; if disturbed or destroyed, replace as directed. 1.03 Site Improvements: Establish stakes for grading, fill, and topsoil placement within building site area. Establish utility slopes and invert elevations. Establish controlling lines and levels required for mechanical and electrical trades. Establish controlling lines and levels for exterior paved surfaces. SECTION 021000 -SITE CLEARING 1.01 Comply with requirements of Section 011400 for control of site work operations. Protect existing improvements and vegetation indicated to remain. 1.02 Coordinate sitework with installation of sanitary sewer, water, gas, and electrical service for site and building. Determine and mark location of installed underground utilities. 1.03 Protect installed underground utilities and if damage to utilities should occur, restore damaged utilities at no expense to Owner. City of Vernon Housing Page 10 of 30 Vernon, California 9/30/2015 1.04 Maintain benchmarks, monuments and other reference points; if disturbed or destroyed, replace as directed. 1.05 Protect tops, trunks, and roots of existing trees on project site indicated to remain. Box, fence, or otherwise protect existing trees subject to construction damage before any work is started. Remove boxing as directed. Do not permit heavy equipment or stockpiles within branch spread. Remove interfering branches without injury to trunks and cover scars with tree paint. 3.01 Verify site conditions and determine that site preparation can be performed in the manner indicated. 3.02 Cut trees, remove dead trees, and brush from the area within perimeter of the building, and indicated areas. Remove trees outside indicated areas only as noted on the drawings and approved by Owner. Remove without injury to trunks, interfering branches and roots of trees to remain in working area; perform cutting and trimming as directed. (Remove to appropriate disposal areas off the site brush, stumps, wood, and other refuse from trees. 3.03 Perform clearing and grubbing as required. Perform earthwork in a manner which will avoid possible damage to installed utilities. Hand excavate when required. 3.05 Maintain site in a clean and orderly condition. Stockpile excess soil material on site as directed. Periodically remove unsuitable materials, waste and debris and legally disposed of offsite. 3.06 Repair or replace damaged landscape materials and plantings. SECTION 025150 -PORTLAND CEMENT CONCRETE PAVEMENT 1.01 Comply with applicable requirements of Section 033100 for materials and additional procedures. 2.01 Concrete for walks and driveway shall obtain a minimum compressive strength of 4000 psi at 28 days. 2.02 Concrete pavement finish as noted on drawings. 2.03 Reinforcement: Provide reinforcement for concrete slabs and pavement as specified in Section 033100. 3.01 Provide expansion joints as indicated or at 20 feet on center maximum, using premolded fillers placed straight and true to line. 3.02 Strike off, screed, and float concrete to minimum tolerance of 1/4 inch in 10 feet sloped to drain and as indicated. 3.03 Saw cut control joints as indicated. Provide at 5'-0" O.C. if not shown otherwise. 3.04 Cure and protect concrete paving as specified in Section 033100. SECTION 033100 -CAST-IN-PLACE CONCRETE 1.01 Provide concrete from a NRMCA certified batch plant in compliance with ASTM C94 or job mixed as approved by Owner. 1.02 Testing: Provide 1 concrete cylinder test for each truck with results of 7 day and 28 day tests. Remove and replace concrete not passing strength requirements specified at no cost to Owner. 1.03 Minimum Compressive Strengths at 28 days: A. Exterior Walks and Steps: 4000 psi. B. Patio Slabs-on-Grade: 4000 psi. C. Footings: 3000 psi. City of Vernon Housing Page 11 of 30 Vernon, California 9/30/2015 1.04 Standards for Design and Construction: ACI 301, 304, 305, 306, and 318, latest editions, except where more stringent requirements are specified. 2.01 Construct forms of S1 S2E boards or plywood. 2.02 Form Ties: Standard metal form-clamp assemblies that act as spreaders and leave no metal within one inch of concrete face 2.03 Reinforcement: Minimum concrete cover 1-1/2 inches, 3 inches for concrete on soil. A. Deformed Bars: ASTM A615, Grade 60 B. Welded wire fabric: ASTM A185 C. Anchor bolts: ASTM A36 threaded rods or A307 machine bolts; sizes as indicated. 2.04 Concrete materials: A. Cement: ASTM C150, Type I or II. B. Aggregate: ASTM C33. C. Water: Potable and clean from domestic source. 2.05 Concrete: Regular weight, 145 pcf. Minimum 28 day compressive strength as indicated on Drawings. Maximum aggregate size of 3/4 inch and slump of 3 to 4 inches. A. Add fiber reinforcement to slabs per manufacturer's recommendations. B. Air Entraining Portland Cement: C175. 2.06 Curing compound: ASTM C309, Type 1-D, Class B. 2.07 Retarder: CTS Set Control or approved equal. 2.08 Vapor Barrier under Concrete Slabs on Grade: 4 mil thick, Tu-Tuf4 by Sto-cote Products Inc. or equal. Refer to Section 07190 for additional requirements. 2.09 Expansion Joint Filler: Asphalt impregnated fiberboard, extend full depth of slab or joint. Thickness and lengths indicated on the drawings. 3.01 Provide design and construction of formwork. Construct forms with strength and rigidity to produce finished concrete of size and shape indicated. Minimize construction and pour joints to the greatest extent possible. Forms may be removed 24 hours after concrete is poured. 3.02 Deposit concrete in a continuous operation until placement is complete. Thoroughly puddle and compact concrete during placing, especially at corners. Rapidly handle concrete from truck or mixer to forms and deposit in final position to avoid segregation due to rehandling or flowing. Remove partially hardened or contaminated concrete. Retempered concrete not allowed. Place concrete on clean, well-thawed, damp surfaces, free from water. Never place concrete on soft mud or dry porous earth. 3.03 Place concrete slabs-on-grade over compacted granular subgrade and vapor barrier. 3.04 Remove fins, projections and loose material. Patch honeycomb, aggregate pockets, voids and holes. 3.05 Cure concrete continuously for minimum 48 hours or as dictated by ambient temperatures. Cover concrete as necessary for proper curing. Apply retarder to aggregate exposed by washing and brushing. Seal exposed aggregate when dry. 3.06 Reinforcement: Provide chairs or supports and maintain position of reinforcing. 3.07 Embedded Items: Install embedded items in compliance with reviewed shop drawings. 3.08 Joints: Mark positions of joints in floor slab so that joints in curbs, bases and pads will be placed directly over floor slab joints. Tool joints in exposed slabs, saw cut joints concealed slabs. City of Vernon Housing Page 12 of 30 Vernon, California 9/30/2015 SECTION 042000 -UNIT MASONRY 1.01 Unit Masonry Standards: A. CRSI Manual of Standard Practice B. ACI 304, 305, 306, 310, 311, 318, 347. C. ASTM C94. D. ACI 530.1/ASCE 6 "Specifications for Masonry Structures". 1.02 Refer to Section 033100 for reinforcing steel. 2.01 Mortar Materials: A. Portland Cement: ASTM C150, Type 1 or 2. Provide natural color cement as required to produce required mortar color. B. Hydrated Lime: ASTM C207, Type S. C. Sand: ASTM C144. D. Water: Clean, potable, and free of deleterious amounts of acids, alkalies, and organic materials. 2.02 Normal Weight Hollow Concrete Block: ASTM C90 Grade N, Type 1. A. Aggregate: Sand-gravel aggregate conforming to ASTM C33. B. Compressive strength: Minimum 1900 psi. 2.03 Grout: ASTM C476, except masonry cement not permitted, for vertically reinforced unit masonry. Compressive strength: 3500 pounds per square inch in 28 days unless otherwise indicated. Not less than 9 inches slump at mixing and not more than 10 inches slump at placement. 2.04 Mortar for Concrete Unit Masonry: Comply with ASTM C270 for mortar types indicated below. Minimum compressive strength: 2500 PSI. A. Below grade walls: Type M. B. Elsewhere, unless noted otherwise: Type N. 2.05 Anchor bolts: ASTM A307, '/2 inch diameter by 8 inches, unless noted otherwise. 2.06 Through Wall Flashing: Rubberized Asphalt Sheet Flashing consisting of 32 mil adhesive rubberized asphalt compound bonded to 8 mil high density, cross-laminated polyethylene film, 40 mils thick. W.R.Grace & Co.: Perm-A-Barrier Wall Flashing. A. Primer: For bonding flashing sheets to substrates. 2.07 Wire Joint Reinforcement: A. Single Wythe Interior Walls Above Grade: Regular hot-dipped galvanized truss type joint reinforcement with No. 9 side and cross rods. Uniform Building Code Standard UBC 24- 15and ASCE/ACI 530 Building Code Requirements For Masonry Structures. 3.01 Install concrete unit masonry to comply with NCMA recommendations, as modified herein. A. Install units plumb, true to line, and with level courses. B. Install block with full mortarjoints at end, bed, and head joints with 3/8-inch thick mortar joints, unless otherwise indicated. C. Make masonry courses uniform in height. D. Make vertical and horizontal joints of equal thickness. City of Vernon Housing Page 13 of 30 Vernon, California 9/30/2015 E. Do not install cracked, broken, or chipped bricks. 3.02 Bond Pattern for Concrete Block: Lay in'/z lap (centered -running bond), unless otherwise indicated. A. Lay block with full mortar coverage on horizontal and vertical face shells. B. Bed webs in mortar in starting course on footings and in all courses of piers, columns and pilasters, and where adjacent to cells or cavities to be filled with grout. C. For starting course on footings where cells are not grouted, spread out full mortar bed including areas under cells. D. Maintain uniform 3/8 inch thick mortar joints. E. Fully bond external and internal corners and intersections. 3.03 Lay out walls in advance for accurate spacing of surface bond patterns with uniform joint widths and for accurate locating of openings, movement type joints, returns, and offsets. Avoid use of less than half sized units at corners, jambs and where possible elsewhere. A. Provide cuts on exposed masonry units that are straight and true. B. Use special shapes and fractional units to keep cuts to a minimum. C. Cut masonry units to fit neatly around conduit or piping, outlet boxes and similar items. D. Do not shift or tap masonry after mortar has taken initial set. Where adjustment must be made, remove mortar and install fresh mortar. E. Rock closures into place with head joints thrown against 2 adjacent bricks in place. Do not pound corners or jambs to fit stretcher units after setting in place. Where adjustment to corners or jambs must be made after mortar has started to set, remove mortar and install fresh mortar. 3.04 Interface with Other Work: Build chases and recesses as indicated or required by trades. A. Install loose lintels, anchors, bolts, dowels, grounds, angles, plates, grilles, and similar items required for anchorage of other work. B. Where built-in items are to be embedded in cores of hollow masonry units, place layer of metal lath in the joint below and rod mortar or grout into place. C. Fill cores in hollow concrete masonry units with grout 3 courses (24 inches) under bearing plates, beams, lintels, posts and similar items, unless otherwise indicated. D. Install louvers, grilles and other equipment furnished by others to be built into masonry. E. Do not enclose mechanical, electrical, or Work specified under other Sections until such Work has been inspected and approved by proper code authorities having jurisdiction and by Design-Builder. F. Stopping and Resuming Work: Stop horizontal runs by racking back in each course; toothing is not permitted. When joining fresh masonry to set or partially set masonry, remove loose units and remove mortar interfering with fresh mortar bed. 3.05 Finishing of Mortar Joint: Tool joints when mortar is thumb-print hard, using jointing tool of proper shape and size. A. Tool exterior face of joints located below grade to a smooth, dense, concave surface. B. Tool exposed joints to a smooth, dense, concave surface. C. Tool exposed joints to a smooth, dense surface to match shape of existing mortar joints. D. Flush cut joints not indicated to be tooled. City of Vernon Housing Page 14 of 30 Vernon, California 9/30/2015 3.06 Horizontal Reinforcement: Space horizontal wall reinforcing starting with first joint above lowest footing, poured concrete foundations, walls, or concrete slabs; and spaced not less than every 2 courses (16 inches on center vertically). 3.07 Low-Lift Grouting: Place vertical reinforcing prior to laying of concrete block; extend above elevation of maximum pour height as required to allow for splicing; support in position at vertical intervals not exceeding 160 bar diameters. Lay units to maximum pour height; do not exceed 4'- 0" height or if bond beam occurs below 4 foot height, stop pour at course below bond beam. Stop grout in vertical cells 1-1/2 inches below bond beam course; Place horizontal reinforcing in bond beam; Lap at corners and intersections; Place grout in bond beam course before filling vertical cores above bond beam. 3.08 Grout cores solid at areas to receive bolted hardware or hangers. 3.09 Anchor sill plates to foundation wall with anchor bolts at 72 inches on center, minimum two anchor bolts per piece of sill. SECTION 055000 -METAL FABRICATIONS 1.01 Comply with AWS Standards for welding operations and welder certification. 1.02 Design-build steel handrails and guardrails as indicated on drawings. Provide sealed shop drawings. 1.03 Obtain services of a California Registered Structural Engineer to review the design conditions and to design guardrail member thicknesses and connections. 1.04 Mock-Ups: Install at project site. Obtain Owner's acceptance of finish color, pattern, fabrication, and installation. Refer to Section 014400. 2.01 Fabricate metals from materials specified. Fabricate joints with tight fit and secured by welding. Shop fabricate in largest sections possible for delivery to site. Grind exposed welds flush and smooth, ease exposed edges to small uniform radius. Make exposed joints butt tight, flush and hairline. 2.02 Materials: A. Steel shapes, bars, and plates: ASTM A36. B. Structural steel tubing: ASTM A500 or A501. C. Non-shrink grout: Non-metallic cement based type. D. Threaded fasteners and anchor bolts: ASTM A307, Grade A with cut washers. E. Welding electrodes: E70xx, low hydrogen. F. Shop primer: Tnemec "#99 Metal Primer", Rust-Oleum "#769 Damp-proof Red Primer" or approved equal. 2.03 Hot dip galvanize, after fabrication, fabrications exposed to moisture per ASTM A525. 2.04 Finish metal fabrications with shop primer specified, or hot dipped galvanized after fabrication, as indicated on drawings. Make fabrications ready for field painting. 3.01 Install metal fabrications and securely anchor supports with expansion anchors or in sleeves with "Por-Rok". 3.02 Repair abraded areas of the shop-applied coating, and areas of weld where the shop-applied coating has been damaged, with a primer or galvanizing repair compound, as applicable, compatible with the shop coating. City of Vernon Housing Page 15 of 30 Vernon, California 9/30/2015 SECTION 061000 -ROUGH CARPENTRY 1.01 Comply with requirements of WCLIB and WWPA for grading softwood lumber; AWPA for pressure treated lumber. Comply with PS 20 for lumber sizing; PS 1 and APA for plywood grades. Lumber and plywood shall be grademarked. Plywood and OSB: comply with appropriate APA standards for specific use. 1.02 Pressure Treated Lumber: AWPA Standards with AWPB certified grademarks. 2.01 Lumber: Douglas Fir/Larch: A. #1 or better, free of heart center, for heavy timbers, select for appearance where exposed. B. #2 or better for horizontal framing, unless noted otherwise. C. SPF grade for studs and posts. D. Construction grade for blocking and sheathing boards. E. Headers shall be #1 or better, unless noted otherwise. F. Rim joists: 1-1/4-inch Rim Board. 2.02 Sheathing: A. Plywood: Hem-Fir, thickness and grade shown on Drawings; exterior type glue. B. Wall sheathing: '/2 inch 5 ply plywood, STRUCT-1 rated. C. Roof sheathing: 1/2 inch plywood. D. Floor sheathing: 3/4-inch T&G APA RATED STURD-I-FLOOR. 2.03 Particle board: ANSI A208.1. A. Grade 1-M-1 for floor underlayment. 2.04 Sheathing Paper: UBC Standard 14-1, Grade D (water-vapor-permeable, kraft building paper), except that water resistance shall be not less than 1 hour and water-vapor transmission shall be not less than 75 g/sq. m x 24 h. 2.05 Machine bolts: ASTM A307 with cut washers. 2.06 Pressure treated Sill Plates and Lumber in Contact with Concrete or Earth: A. 0.40 for concrete 2.07 Fasteners: UBC Chapter 25. Powder driven anchors: ICBO Approved, Hilti; Ramset or approved equal. Hot dipped galvanize fasteners exposed to moisture. 2.08 Framing Anchors, Straps and Clips: ICBO approved, hot dip galvanized, size and type indicated on Drawings; Simpson Strong-Tie or approved equal. 2.09 Sill Gaskets: A. EPDM Compressible Foam, Shelter Supply Company, (800) 762-8399. B. Foam Sealant: Expanding, 2-component foam, VERSI-FOAM or equal. 2.10 Thru Wall Flashing: As specified in Section 042000. 2.12 Fabricate custom metal framing connections from ASTM A36 steel, hot dipped galvanized where exposed to moisture. Weld fabrication in compliance with AWS Structural Welding Code. 3.01 Securely install framing members true, plumb and level. Construct framing members of longest possible lengths, do not splice individual members. Install blocking and backing as necessary for attachment of finish carpentry items, hardware, toilet accessories, casework and related items. City of Vernon Housing Page 16 of 30 Vernon, California 9/30/2015 3.02 Make connections between members tight, accurate and secure. Install fastenings without splitting wood; predrill as necessary. Drill bolt holes same diameter as bolts. Provide washers under every bolt head and nut bearing on wood. Retighten bolts immediately prior to enclosing with finish. SECTION 062000 -FINISH CARPENTRY (MILLWORK) 1.01 Comply with Woodwork Institute of California (WIC) Standards. 1.02 Deliver and store products in protective wrappings, do not remove wrappings until time of installation. Store indoors in an environmentally controlled space. 2.01 Interior millwork and trim for painted finish: A. MDF in sizes and profiles indicated. At bathrooms, painted pine or water resistant MDF. 2.02 Seal exterior wood including, but not limited to, window and door trim, corner trim, and fascia with one coat, front and back primed prior to installation. Seal end cuts during installation. Necessary materials required for end cut sealing provided under Section 099000. 2.03 Fabricate millwork and trim in accordance with the AWI Standards. Shop fabricate products in whole or partial units to suit handling. Assemble partial units in place for a unified appearance. Mill and route trim shapes to profiles indicated or required. Make cuts for hardware neat and true. 2.04 Provide hardware, fasteners, and related items as required for complete units and in compliance with AWI Standards. 2.06 Interior Base and Case Trim of MDF: Submit 6 inch samples for approval. A. Baseboard: 5-1/4" high with one profiled top edge. B. Casing: 1 x4 with eased edges. 2.08 Closet Rods and Shelving: A. Plastic laminate shelving with steel brackets. B. Wood rods. 2.09 Door Frames: Solid lumber type, milled to profiles indicated. No loose stops. Match door material unless noted otherwise. 3.01 Install finish carpentry items as indicated. Securely fasten materials to substrate, set square, plumb and level, accurately aligned to position intended. Coordinate placement of backing and blocking. Water level shelves. Rest adjustable shelves on supports without rocking. 3.02 On exposed finish Work, set nails and screws for putty. Nail trim with finish nails of proper size to securely hold without splitting. 3.03 Install builder's hardware, specialty items, and related items as specified or indicated. Wall mounted items shall be secured to solid blocking or backing. Adjust hardware for smooth, non- binding operation. SECTION 072100 -BUILDING INSULATION 1.01 Comply with applicable requirements and certifications for energy conservation. 2.01 Batt insulation: Fiberglass, thickness to provide "R Value" indicated on Drawings: A. Unfaced: ASTM C665, Type I. B. Kraft faced: ASTM C665, Type II, Class C with a perm rating of 1.0. D. Sound Batts: ASTM A553, unfaced, mineral fiber, 3.0 pcf density. City of Vernon Housing Page 17 of 30 Vernon, California 9/30/2015 2.02 Fasteners: Electroplated or galvanized staples, size as required. 2.03 Seal Tape: Bright aluminum for foil face and polyester self-adhering type for kraft face. 2.04 Polyethylene Sheet Vapor Barrier: 6 mil, clear polyethylene sheeting. 3.01 Install insulation batts to fit tightly between framing members, stuff gaps with insulation. Trim insulation to neatly fit around penetrations and between framing. 3.02 Install loose fill insulation using application method recommended by manufacturer. Verify correct size and location of insulation baffles before installation of insulation. Do not block vent space of insulation baffle. 3.03 Apply vapor barrier of 6-mil polyethylene film over stud framing prior to application of the interior gypsum board. Secure polyethylene film with adhesive, tape, or mechanical fasteners to hold film in place until sheathing is applied. Repair punctures and tears with polyethylene tape. Lap joints in film one stud space and continuously tape joint with polyethylene tape. SECTION 073110 -ASPHALT COMPOSITION SHINGLES 1.01 Exercise caution in loading and storing bundles on roof. Do not over-stress roof structure. 1.02 UL rated Class A, install in accordance with UBC Chapter 32 and 43 and NRCA Roofing and Waterproofing Manual. 2.01 Composition Shingles: GAF Timberline 30 yr, Color to be as selected by Owner. 2.02 Underlayments: A. Underlayment: Synthetic non-asphaltic sheet, intended by manufacturer for mechanically fastened roofing underlayment without sealed seams. Provide Pro-Tex Underlayment by System Components Corp., Inc., or equivalent. 2.03 Fasteners: Length as required to penetrate sheathing minimum 3/4 inch A. 3/8 inch head, 12-gage hot dipped galvanized or aluminum nails B. Staples: 16 gage minimum, zinc coated, nominal one-inch crown. 2.04 Sheet metal trim: Comply with Section 076000. 2.05 Prefinished metal drip edge: Style D. 2.06 Hip/ridge vents: RidgeMaster Plus Vent, HipMaster Vent by Mid America Building Products 2.07 Roof to wall transitions: Flash Filtervent 3.01 Install in accordance with NRCA details and manufacturer's instructions. 3.02 install metal "W"flashing at all roof valleys. SECTIOfV 074630 —PLASTIC SIDING 1.01 Section includes vinyl siding, facia, trim, and soffits. 1.02 Submit product data, indicate materials, fastening and anchoring devices, finishes, dimensions, and installation methods and recommendations. 1.03 Installer Qualifications: Not less than 5 years experience with specified materials. 2.01 Vinyl Siding: Premium vinyl siding by Alside or equivalent. 2.02 Pattern and Color: As indicated or selected by Owner. 2.03 Accessories: Provide coordinating accessories made of same material as required for complete and proper installation whether or not specifically shown on the drawings. City of Vernon Housing Page 18 of 30 Vernon, California 9/30/2015 2.04 Fasteners: Aluminum nails, alloy 5056 or 6110, with minimum tensile strength of 63,000 pounds per square inch; length as required to penetrate framing at least 3/4 inch. 2.05 Exterior Soffit Vents: One piece, perforated, ASTM B221 (ASTM B221 M), 6063 alloy, T5 temper, aluminum, with edge suitable for direct application to gypsum board and manufactured especially for soffit application. Provide continuous vent. 2.06 Weather Barrier: ASTM E 1677, Type I air barrier; with flame-spread and smoke-developed indexes of less than 25 and 450, respectively, when tested according to ASTM E 84; UV stabilized; and acceptable to authorities having jurisdiction. Provide Dupont Tyvek or equal. 3.01 Examine substrate conditions before beginning installation; verify dimensions and acceptability of substrate. 3.02 Install weather barrier in accordance with manufacturer's instructions. Tape and seal all seams, edges, fasteners and penetrations. 3.02 Install siding, soffit, and trim in accordance with manufacturer's printed installation instructions. 3.03 Attach securely to framing, not sheathing, with horizontal components true to level and vertical components true to plumb, providing a weather resistant installation. 3.04 Exterior Soffit Vents: Install according to manufacturer's written instructions and in locations shown on the drawings. Provide vent area specified. SECTION 076000 -FLASHING AND SHEET METAL 1.01 Submit Shop Drawings, indicate materials, fastening and anchoring devices, finishes, and dimensions. 2.01 Sheet metal: A. Steel: ASTM A525 and A526, except ASTM A527 for lock forming, 24 gage, G90 galvanized steel sheet. B. Aluminum: ASTM B209, alloy 3003, temper H14, clear anodized finish. 2.01 Prefinished Sheet Metal: 24 gage, Galvalume with Kynar 500 finish. Metal Sales or Copper Sales. A. Color to match prefinished corrugated siding. 2.03 Fabricate sheet metal Work to sizes and profiles indicated, in conformance with SMACNA Standards; complete with associated trim, clips, joint covers, compatible corrosion resistant fasteners, and similar items for a weather and watertight job. 2.04 Solder: ASTM B32, Sn50 alloy, general-purpose type with flux meeting FS O-F-506. 2.05 Provide continuous hook strips of 20 gauge galvanized steel sheet metal regardless of type of sheet metal used. Where hook strip and surrounding sheet metal are of dissimilar materials, paint hook strip with asphalt emulsion. 3.01 Install flashing and sheet metal only over clean prepared substrates. Surfaces shall be smooth, even and free from defects. Cap ends of existing gutters watertight where they abut the new structure. 3.02 Provide for expansion joints as required to permit normal expansion and contraction without straining of metal, joints or fasteners. Provide at material junctions and at minimum of 30 feet in straight runs. Unless indicated, select joint best-suited and least obtrusive for conditions of installation. 3.03 Clean exposed surfaces of flashing and sheet metal of excess solder, flux and dirt; remove grease and oil with appropriate solvents; wipe surfaces with clean rags. City of Vernon Housing Page 19 of 30 Vernon, California 9/30/2015 SECTION 079000 -JOINT SEALANTS 1.01 Provide sealant materials suited for indicated use for a weather and water tight installation. Ensure sealant compatibility with adjacent materials. 2.01 Sealant for General Exterior Building Use: FS-TT-S-001543, Class A, single-component, low- modulus, high-performance, silicone sealant; General Electric "Silpruf," or approved equal. 2.02 Sealant for General Interior Use: Single-component, gun-grade, paintable, acrylic-latex, water- base sealant; Woodmont Products, Inc., "Chem-Calk 600," Tremco "Acrylic Latex," or approved equal. 2.03 Sanitary Sealant: FS-TT-S-001543, Class A, single-component, primerless, flexible, mildew- resistant, silicone rubber sealant; Dow Corning "Silicone Rubber Bathtub Caulk" No. 8640, Tremco "Proglaze," or approved equal. 2.04 Accessories: A. Backer Rod: Closed-cell foam, non-staining, resilient material such as neoprene, butyl, or polyurethane, compatible with sealant to be used. Sized and shaped to control depth of sealant and to provide 20 percent to 50 percent compression upon insertion. B. Primer: As recommended by sealant manufacturer. C. Bond Breaker: Pressure-sensitive adhesive polyethylene tape. 2.05 Colors: Sealant color shall be selected by Owner from manufacturer's standard colors. 2.06 Foam Sealant: Expanding, 2-component foam, VERSI-FOAM or equal. 3.01 Prepare joints by cleaning and priming substrate. 3.02 Comply with recommendations of sealant manufacturer for each specific type of installation. 3.02 Sealant depth: 1/2 to one times the joint width, but not less than 1/4 inch or more than 1/2 inch. 3.03 Apply solid and continuous bead or bed of sealant to fill joint without voids. Confine sealant to joint or areas to be sealed and finish to neat straight lines. 3.04 Install expanding foam sealant around window and doorframes. SECTION 082100 -WOOD DOORS 1.01 Door construction shall meet the requirements of ANSI/WDMA IS-1A PC-5. Cores shall not telegraph through door face. A. Style: 6 panel by Masonite or equivalent. 1.02 Submit manufacturer's product data for doors specified. Deliver door in protective wrapping. 2.01 Exterior doors shall be solid core construction, 6 panel, 1-3/4 inch thick. 2.02 Doors shall be factory prepared for hardware. 3.01 Install doors in accordance with manufacturer's installation instructions. Fit to frames and prepare for hardware not pre-fitted at factory. Doors shall be plumb in every position, flat in the frame and shall operate smoothly and quietly. SECTION 083600 -SECTIONAL OVERHEAD GARAGE DOOR 2.01 Steel sectional overhead type, size as indicated on Drawings. 2.02 Hardware: City of Vernon Housing Page 20 of 30 Vernon, California 9/30/2015 A. Hinges and brackets shall be made from galvanized steel. B. Track rollers shall be hardened steel ball bearing. 2.03 Weatherstripping: Provide neoprene weatherstrip on bottom of door, an adjustable seal strip at top section, and continuous weatherstripping at jambs. 2.04 Fabricate outside panels of 22 gage sheet metal laminated to 1 3/8-inch thick frame. Provide weathertight rabbeted joint between sections. Factory prefinish exposed sheet metal faces. 2.06 Tracks: 2-inch deep, salt spray steel, standard lift, torsion spring type, having a slight incline to force door into a tight seal when fully closed (wedge-type). Reinforce horizontal track full length with a minimum of 1 1/2-inch by 1 1/2-inch by 1/8-inch angle iron. Provide necessary cross bracing and diagonal angles required for a rigid installation. 2.07 Counterbalancing: Tempered torsion springs mounted on a steel shaft. Springs adjustable for proper tension connect to lower corners of door with flexible galvanized steel aircraft cable with a minimum factor of safety of 5 to 1. 2.08 Operator: Minimum 1/2 HP electric motor, drawbar type. Total enclosure, instant reversing, overload protection, adjustable friction clutch, high efficiency brake system actuated by solenoid, limit switches, and relay type starter. Verify motor size prior to installation. 2.09 Furnish 2 radio remotes, exterior keypad, and interior button switch for each door assembly. 3.01 Install door, hardware and controls in accordance with manufacturer's installation instructions and details. SECTION 085200 —VINYL WINDOWS 1.01 Vinyl windows complete with hardware, glazing, weatherstripping, and standard or specified anchorages, trim, attachments, and accessories. 1.02 Submit shop drawings indicating material characteristics, details of construction, connections, and relationship with adjacent construction. 1.03 Warranty Period: 5 years. 1.04 Performance: Comply with AAMA 101 for grade of window required. A. Air leakage: Maximum 0.10 cfm per linear foot of crack when tested at 1.57 psf according to ASTM E283. B. No water penetration when tested at 6.24 psf according to ASTM E547. 2.01 Basis of Design: Milgard. 2.02 Anchors, Clips, and Window Accessories: Aluminum, nonmagnetic stainless steel, or galvanized steel. 2.03 Window and Door Grade: Residential grade, AAMA 101. 2.04 Glazing: Insulating glass, tempered where required. 2.05 Glazing Color: Clear with Low-E. 2.06 Finish: Color as selected by Owner. 2.07 Auxiliary Materials: A. Ventilator opening limit device. B. Operating hardware. City of Vernon Housing Page 21 of 30 Vernon, California 9/30/2015 C. Insect Screens: Aluminum, extruded or roll-formed frame with mitered and reinforced corners; apply screen mesh taut to frame; secure to window with hardware to allow easy removal. 3.01 Install materials and systems in accordance with manufacturer's instructions and approved submittals. Install materials and systems in proper relation with adjacent construction and with uniform appearance. Coordinate with work of other sections. SECTION 087100 -FINISH HARDWARE 1.01 Furnish hardware templates necessary for preparatory Work and hardware manufacturer's installation instructions. 1.02 Submit samples of finish hardware items to Owner for approval prior to ordering. 1.03 Deliver each hardware item or set separately packaged and identified for use in the Work. 2.01 Hardware: A. Hinges: Plated steel, Stanley, Hager, or McKinney. Exterior to be non-ferrous. B. Weatherstrip: Pemko, National, or Zero. C. Locksets: Schlage, or approved equal. D. Provide doorstops for every door. Quality, Ives, Baldwin, or BBW. 2.02 Finish: Brushed stainless steel. 3.01 Install hardware in accordance with manufacturer's installation instructions and applicable security and energy conservation regulations. SECTION 092100 -CEMENT PLASTER 1.01 Keep cement materials dry, stored off ground and under cover. Protect metal lath and metal accessories from moisture and damage. Remove wet or damaged products from the site. 1.02 Coordinate cement plaster base with work of Section 04470 and Section 09310. 2.01 Portland Cement: ASTM C150, Type I or II. 2.02 Lime: Special finish hydrated type, ASTM C206, Type S, certified to be minimum 99 percent hydrated. 2.03 Aggregates: ASTM C897. 2.04 Elastomeric Finish Coat: Premixed colored elastomeric finish coat as manufactured by Sto, Thoro or approved equal. Multiple colors as selected by Owner. 2.05 Metal Lath: Galvanized 3.4 Ib self furring. 2.06 Weather-Resistant Barrier: Kraft waterproof building paper, UBC Standard No. 14-1 or ASTM D 226 for Type 1 felt. Provide 2 layers of paper over plywood substrate, except at infiltration barrier provide 1 layer. 2.07 Accessories: Minimum 26 gage hot dipped galvanized steel casing beads and reinforcement. 2.08 Mix proprietary materials in accordance with manufacturer's instructions. Use moist sand. Withhold ten percent of mixing water until mixing is almost complete, then add to obtain required consistency. 3.01 Install metal lath, accessory items, paper flashing at openings and corner reinforcement. Lap side joints upper courses over lower course. Stagger end laps from courses to course. Verify joint locations. City of Vernon Housing Page 22 of 30 Vernon, California 9/30/2015 3.02 Plaster Thickness: 3 coat system plus elastomeric finish coat over metal lath. 7/8" to 1"total thickness. 3.03 Cure cement plaster by wet methods. Cure each coat minimum 48 hours. SECTION 092500 -GYPSUM BOARD 1.01 Comply with general standards of ASTM C840 and GA-216 for application and finishing of suspended gypsum wallboard. 1.02 Coordinate installation and wall layout with electrical and mechanical work. 2.01 Gypsum Wallboard: 1/2-inch regular type for screw application to wood framing in compliance with UBC 4711, completely taped and textured. 5/8-inch regular type at ceilings. 5/8-inch Type X gypsum board at rated firewalls. 3.01 install, tape, and texture gypsum wallboard in compliance with reference standards. 3.02 Apply with long dimension at right angles to framing. Locate wallboard butt joint over center of framing. Attach wallboard with 1-1/4-inch self-drilling drywall screws 8 inches on center located not less than 3/8 inch from edges. SECTION 093100 -CERAMIC TILE 1.01 Extra Materials: Provide additional quantities, equal to 2 percent of the total square footage for each the type installed. Round off quantities to the next higher full case. Provide special trim pieces equal to 5°/o of each type used. 2.01 Tile Materials: As scheduled on drawings or selected by Owner. 2.02 Mortar Materials: A. Portland cement: ASTM C150 Type 1. B. Sand: ASTM C144. C. Water: Potable. 2.03 Flexible Latex-Portland Cement Bond Coat: Flexible latex additive added at Project site to prepackaged dry mortar mix recommended by latex manufacturer. Laticrete International Inc.; Laticrete Porcelain-Bond Admix with Porcelain-Bond Powder. 2.04 Latex-Portland Cement Grout: ANSI A118.6. Water emulsion latex additive: Add at Project site to prepackaged dry grout mix, with type of latex and dry grout mix recommended by latex manufacturer. 2.05 Sealant in Conjunction with Tile: Provide mildew resistant silicone sealant under this Section in compliance with requirements specified under Section 07900. Color: Match color of adjacent the grout. 2.06 ASTM Cement-Based Backer Board: Non-gypsum-based, cementitious board complying with ASTM C1288, '/z inch thick. James Hardie Building Products Hardi-Backer or equivalent. 2.07 Bond coat: As specified under setting method specification. 3.01 Lay out the so sizes less than 1/2 size do not occur. Staggered joints are not permitted unless otherwise indicated. 3.02 Comply with TCA Standard Installation Specifications A108.1 through A108.10 and the TCA "Handbook for Ceramic Tile Installation". 3.05 TCA F113 Floor Setting Method: Thin-set using latex portland cement mortar. Where the occurs on floors where no depressions occur, unless indicated otherwise. City of Vernon Housing Page 23 of 30 Vernon, California 9/30/2015 3.08 Allow the to set 24 hours before grouting. Comply with TCA instructions and material manufacturer's recommendations for grouting. Grout ceramic floor the with an acid resistant grout mix and apply grout strictly complying with manufacturer's instructions. Add latex bonding additives in compliance with manufacturer's recommendations. Wet or dampen the and/or joints in compliance with the manufacturer's recommendations. Tool joints to hard dense surface, free of pinholes, cracks and voids. Damp or wet cure grout installed on floors for not less than 72 hours. 3.09 Clean setting materials and grout from face of the while materials are workable. Leave the face clean of foreign matter. 3.10 Do not permit traffic or performance of other work in areas where the is being installed. Do not walk on or perform work on newly installed the floors without using kneeling boards or equivalent protection. Prohibit traffic on installed the for not less than 72 hours after installation or until the is firmly set. SECTION 096800 -CARPET 1.01 Allowance: See Section 012100. 1.02 Provide samples for approval. 1.03 Extra Materials: Provide additional quantities, equal to 2 percent of the total square footage for each carpet type installed. Round off quantities to the next higher yard. Provide special trim pieces. 2.01 Seaming Cement: Hot-melt type recommended by carpet manufacturer complying with flammability requirements of installed product. 2.02 Pad: 5/8 inch rebound foam. 3.01 Surface Preparation: Remove all existing carpet and pad. Clean floors of dust, dirt, solvents, oil, grease, paint, plaster, and other substances detrimental to proper performance of adhesive and carpet. Let floors dry thoroughly. A. Ensure floors are level, with surface variation not more than 1/4 inch in 10 feet, non- cumulative. B. Use approved cementitious or latex base filler to patch cracks and small holes over 1/8 inch and for leveling. C. Vacuum, clean substrate. 3.02 Check matching of carpet before cutting and ensure there is no unacceptable visible variation between dye lots. Cut carpet, where required, using methods to allow proper seam and pattern match. 3.03 Seaming: Join seams in recommended manner so as not to detract from appearance of carpet installation and decrease its life expectancy. Ensure seams are straight, not overlapped or peaked, and free of gaps. Where possible and practical, locate seams in areas of least amount of traffic. At doorways, center seams under door in closed position; do not place seams perpendicular to doorframe, in direction of traffic through doorway. 3.04 Direction of Pile: Install carpet on floors with run of pile in same direction of anticipated traffic. 3.05 Extend carpeting under open and raised-bottom obstructions and into closets and alcoves of rooms indicated to be carpeted, unless another floor finish is indicated for such spaces. 3.06 Install pad using maximum sized pieces. Lay out pad so carpet seams will not fall directly over seams in pad. Butt edges firmly together and tight to edge of carpet gripper. Tape joints with 4- inch wide tape, cement pad edges together before applying tape. City of Vernon Housing Page 24 of 30 Vernon, California 9/30/2015 3.07 Tape seams or tape and hot melt seams, using permanent type construction which is of sufficient strength for stretching and wear without failure during life of carpet. Apply seaming cement to edges without it being evident on face of carpet. Maintain straight seams, running true with lines of building. SECTION 099000 -PAINTING 1.01 Paint new and existing exposed surfaces except those specified not to be painted or finished by others. Surface treatment, priming and coats of paint specified in this Section is in addition to shop priming and surface treatment specified under other Sections. Numbers of coats specified are minimum; uniform coverage is required, free from defects and blemishes. 1.02 Comply with state and local VOC regulations. 2.01 Obtain materials from one manufacturer as much as practicable: A. Benjamin Moore B. Pratt &Lambert C. Devoe D. Vista. E. Sherwin Williams. F. Dunn Edwards. 2.02 Perform job mixing and tinting only as acceptable to the Owner. Mix paints only in well-ventilated areas and in accordance with manufacturer's instructions. Use tinting colors recommended by the manufacturer for the specific type of finish. 3.01 Verify that conditions are satisfactory for the application of paint and stains. If unsatisfactory conditions exist, do not commence application until such conditions have been corrected. Application of finish constitutes acceptance of surface conditions and responsibility for ultimate finish. 3.02 Apply coatings in accordance with manufacturer's instructions. Apply coatings with suitable brushes, rollers or airless spray equipment; use sheepskin daubers to reach surfaces inaccessible to brushes. 3.03 Employ coats and undercoats for finishes in accordance with recommendations of paint manufacturer. Sand and dust between each coat to remove obvious visible defects. 3.04 Finish coats shall be smooth, even and free from brush marks, laps or pile up of paints, and skipped or missed areas. 3.05 Prime materials except those to receive stains. Fill nail holes after priming but prior to finish coat application. 3.06 Exposed items without factory finish such as conduits, pipes and items of similar nature shall be finished to match adjacent wall and ceiling surfaces, unless otherwise directed. Paint visible surfaces behind vents, registers and grilles nonspecular flat black. A. Paint exposed HVAC grilles to match adjacent surfaces, unless noted otherwise. 3.07 Paint Schedule: A. Shop-Primed Metal: 1. 1st Coat: Metal Primer a. Touch-up damaged priming. b. Paint unprimed surfaces. City of Vernon Housing Page 25 of 30 Vernon, California 9/30/2015 2. 2nd and 3rd Coats: Acrylic emulsion semi-gloss. B. Galvanized Metal: 1. 1st Coat: Acid etch primer followed by manufacturer's recommended primer. 2. 2nd and 3rd Coats: Alkyd emulsion enamel, semi-gloss. C. Gypsum Wallboard -Eggshell: 1. 1st Coat: PVA Sealer. 2. 2nd and 3rd Coats: 100% Acrylic enamel, eggshell. D. Wood Doors and Trim —Opaque Finish: Satin. 1. 1st Coat: Acrylic primer sealer. 2. 2nd and 3rd Coats: 100% Acrylic enamel, satin. E. Interior Ferrous Metal: Alkyd enamel, 3 coat. 1. 1S` Coat: Alkyd emulsion metal primer. 2 2nd and 3rd Coats: Acrylic emulsion, semi-gloss. F. Exterior Ferrous Metal: 1. 1st Coat: Rust inhibitive primer. 2. 2"d & 3`~ Coats: Polyurethane semi-gloss. 3.08 Plumbing, Mechanical and Electrical Items: Exposed items without factory finish such as conduits, pipes, access panels, and items of similar nature shall be finished to match adjacent wall and ceiling surfaces, unless otherwise directed. SECTION 108000 -TOILET AND BATH ACCESSORIES 2.01 Mirrors: Float glass with sealed silver reflective surface. 2.02 Provide backing plates, brackets, and hardware required for a complete installation; conceal fasteners. 3.01 Install accessories in locations and at the heights indicated. Securely mechanically fasten accessories in accordance with manufacturer's instructions. 3.02 Install accessories into solid blocking, including grab bars, mirrors, medicine cabinets, and vanities. SECTION 114500 -RESIDENTIAL EQUIPMENT 1.01 Residential equipment to be purchased by Owner and installed by Contractor. 1.02 Coordinate make-up air requirements with Mechanical. 2.01 Equipment: All appliances to be Whirlpool or equivalent. All appliances shall be Energy Star compliant where applicable. A. Range/Oven: Self cleaning, front controls, ADA compliant. B. Refrigerator with ice maker: ADA compliant with 50% of freezer space below 54". C. Microwave Oven/range hood, outside vented D. Dishwasher: Undercounter, ADA compliant. E Clothes Washer. City of Vernon Housing Page 26 of 30 Vernon, California 9/30/2015 F. Clothes Dryer. G. Combo Washer/Dryer: ADA compliant, front loading. 3.01 Install residential equipment; provide backdraft dampers at exhaust systems; comply with requirements of Divisions 23 and 26. 3.02 Built-in Equipment: Securely anchor units to supporting cabinetry or countertops with concealed fasteners. Verify that clearances are adequate for proper functioning and rough openings are completely concealed. 3.03 Freestanding Equipment: Place units in final locations after finishes have been completed in each area. Verify that clearances are adequate for proper operation of equipment. SECTION 122113 —HORIZONTAL LOUVER BLINDS 1.01 Section includes horizontal slat louver blinds. 1.02 Submittals: A. Product Data: Provide data indicating physical and dimensional characteristics. B. Shop Drawings: Indicate opening sizes, tolerances required, method of attachment, clearances, and operation. 1.03 Samples: Submit two samples, 12 inch long illustrating slat materials and finish, cord type and color. 2.01 Manufacturer: Provide blinds by Hunter Douglas, Levelor or equivalent. 2.02 Description: Horizontal slat louvers hung from full-width headrail with full-width bottom rail. 2.03 Manual Operation: Control of raising and lowering by cord with full range locking; blade angle adjustable by control wand. 2.04 Plastic Slats: Vinyl, radiused slat corners, 1 inch wide, simulated wood grain. Color as selected by Owner. 2.05 Head Rail: Pre-finished, formed aluminum box, with end caps; internally fitted with hardware, pulleys, and bearings for operation; same depth as width of slats. 2.06 Bottom Rail: Pre-finished, formed aluminum with top side shaped to match slat curvature; with end caps. 3.01 Install blinds in accordance with manufacturer's instructions. 3.02 Adjust blinds for smooth operation. SECTION 123530- PRE-MANUFACTURED CASEWORK 1.01 Refer to Drawings for cabinetry layout. 1.02 Coordinate plumbing and electrical work in cabinetry. 1.03 Kitchen and vanity cabinets will be purchased and installed by Contractor. 2.01 Cabinets: Walnut veneer exteriors with melamine interiors. No face frame, reveal overlay with European type hinges and full extension drawer slides. Shaker door and drawer front style. A. Sink Bases: All sink bases must be removable, including doors, toeboards and shelving, with no special tools or knowledge. 2.02 Manufacturer: Armstrong, Kraftmaid or Wellborn, or equivalent. 2.03 Hardware: As selected by Owner. City of Vernon Housing Page 27 of 30 Vernon, California 9/30/2015 2.04 Countertops: Provide granite countertops or equivalent at kitchens and the countertops at bathrooms as indicated. 3.01 Install cabinets in accordance with the manufacturers' instructions and the approved Shop Drawings. Securely attach to backing as required. 3.02 Adjust cabinets plumb and level, with components operating properly. Clean in accordance with manufacturers' recommendations and protect from damage until final acceptance of the Work. DIVISION 22 -PLUMBING 1.01 Comply with applicable requirements UPC for plumbing. 1.02 Comply with the California Title 24 Energy Code. 1.03 Provide plumbing fixtures, finish, faucets, and trim as selected by Owner. 1.04 Provide required testing. Furnish test results, in writing, to Owner. 1.05 Owner will supply make and model numbers for purchase and installation of equipment. 1.06 Coordinate installation of new fiberglass bathtub. 1.07 Coordinate location and installation of underground PVC sleeves within building for water piping with earthwork and concrete work. 2.01 Piping: A. Above Grade Water: Type M copper with wrought copper fittings assemble with silver solder; provide dielectric fittings at copper-galvanized connections. Insulate domestic hot water lines with minimum 1-inch fiberglass insulation. B. Underground Water: Type K soft copper pipe tubing. C. Gas piping: Black iron in concealed spaces or TracPipe throughout. D. Soil pipe: Schedule 40 ABS or service weight cast iron with two way cleanouts. E. Provide reinforced plastic tubing hoses from angle stops to fixtures. F. Waste and vent pipe: Schedule 40 ABS with solvent welded fittings. G. Sleeves: Schedule 80 PVC 2.03 Materials and Accessories: A. Water Heater: Rheem tankless. B. Washer Connection Box: Oatey or approved equal. C. Wall Faucets: Woodford 25CP3 or equal. 3.01 Install plumbing and make connections as indicated on drawings or as directed by Owner. 3.02 Install stops at fixtures. 3.03 Install water line to refrigerator. 3.04 Install gas piping for furnace and water heater. 3.05 Provide fixtures as scheduled, colors as selected by Owner. City of Vernon Housing Page 28 of 30 Vernon, California 9/30/2015 DIVISION 26 -ELECTRICAL WORK 1.01 Design electrical systems in compliance with applicable requirements of NEC and NECA "Standard of Installation" for electrical Work. A. Obtain and pay required permit, plan check, service, and installation fees. B. Comply with applicable code requirements, utility company requirements and manufacturer's recommendations. 1.02 Electrical drawings are schematic and may not reflect specific code compliance. Provide energy calculations and compliance forms as required by Building Official. 1.03 Insulate and tape seal airtight electrical components and materials penetrating exterior walls. Tape seal airtight electrical components and materials penetrating interior walls. 1.04 Color of switches, receptacles, and cover plates selected by Owner from available standard colors. 1.05 Coordinate installation of service line with Power Company. Coordinate cable television system installation. Coordinate telephone installation. Coordinate network-wiring system. Coordinate installation of electrical supply and control wiring. Coordinate exhaust fan ductwork locations with mechanical contractor. 1.06 Provide electrical power for telephone system. 2.01 Materials and Components: A. Conduits: Rigid steel, IMT, EMT, flexible metal or rigid non-metallic as required or preferred. B. Junction, switch, and outlet boxes: Metallic or nonmetallic. Boxes located outside vapor barrier to be airtight boxes with a rigid flange, "R+S Nutek". C. Conductors: Copper, sized as required for current capacity. D. Non-metallic sheathed cable: Type NM. E. Wall switches: "Lutron", quiet rocker type, 120 volt, 20A. F. Receptacles: 20A, 125 volt, parallel prong, U-ground; provide ground fault interrupter receptacles at bathrooms, garage, laundry and exterior locations. G. Cover plates: Smooth plastic; "Lutron". H. Telephone and Computer Network Wiring: CAT 5. 2.02 Exhaust Fans: Nutone, Braun, Panasonic, or equal, with 1 sone rating. Furnish with one-hour timer switches. Provide automatic timer switches for each fan. 2.03 Light Fixtures: Provide 4 inch recessed light fixtures throughout units. 2.04 Provide electrical disconnects for mechanical and residential equipment. 2.05 Provide control wiring for HVAC equipment. 2.06 Provide rough-in portion of recessed can fixtures, excluding interior trim. Provide airtight units at recessed can fixtures in insulated ceiling areas. 3.01 Provide circuits and wiring for lighting, receptacles, appliances, sump pumps and equipment as indicated on drawings. Conceal wiring where possible. Mechanically protect exposed wiring where required, install parallel or perpendicular to surface. 3.02 Provide additional junction boxes with covers and conduit stubbed to ceiling plenum space for future electronic type systems as indicated on Drawings. City of Vernon Housing Page 29 of 30 Vernon, California 9/30/2015 3.03 Design capacity of service entrance, branch panel boards, circuit breakers and branch panels as required with additional expansion capacity. Provide ground to cold water piping. Provide separate circuits for major appliances, equipment, lighting and outlets as required by code. 3.04 Install exhaust fans at toilets and as indicated on Drawings. Provide airtight boxes for exhaust fans. 3.06 Outlet Locations: Unless otherwise noted, electrical, telephone, and signal outlets shall be mounted vertically at 12 inches A.F.F. unless noted otherwise. Gang multiple outlets. Mount side-by-side outlets in line, approximately 2 inches apart. Do not install outlets or J-boxes back- to-back on opposite sides of walls. Separate by a stud and insulate. Outlet, switch, television, telephone and ceiling boxes located outside the vapor barrier to be airtight boxes with a rigid flange. 3.07 Protect wiring occurring in return air ducts as required by code. Seal wiring penetrations made through ductwork. Coordinate installation of wiring with mechanical work. 3.08 Make final electrical connections to equipment and appliances. Aesthetic review and approval by Owner of switch locations and ganging, low-voltage controls, and thermostats. 2. Lighting in rooms shall be switched individually. Switching shall be 3-Way located at rooms with double entries, unless noted otherwise on drawings. 3. Verify final telephone and electrical outlets locations prior to installation. 4. Provide power behind cabinets for under cabinet lights. Task lights shall run continuous full length of millwork or recess. Paint exposed conduit. 5. Down lights and wall washers shall be on dimmer system unless noted otherwise and switched separately from other lighting. 6. Seal wall/floor outlets and electrical rough in boxes unless noted otherwise. 7. Install device boxes flush with conduit runs concealed in finished areas except as shown or otherwise noted on drawings. Coordinate furring on walls if required. Coordinate prior to installation. City of Vernon Housing Page 30 of 30 Vernon, California 9/30/2015 ATTACHMENT2 LEAD AND ASBESTOS REPORT FOR 4321 FURLONG PLACE SPECIFIC FOR THIS PROJECT ~~MITED HAZARDOUS MATERIAL SURVEY REPORT Located at: Lopez Residence 4321 Furlong Place City of Vernon, California 90058 Prepared for: City of Vernon Engineering Division Attn: Mr. Felix Velasco 4305 South Santa Fe Avenue Vernon, California 90058 Contract No #CS-0865 Prepared by: Velasco Environmental Services LLC 2129 E. Cesar Chavez Ave, Suite No #3 Los Angeles, California 90033 Project No# HM17-5013 Telephone: (323) 825-3096 /Facsimile: (323) 825-3099 www.velascoenvironmental.com August 10, 2017 TABLE OF CONTENTS EXECUTIVE SUMMARY .............................................................................. SECTION 1 SAMPLING METHODOLGY AND ANALYSIS ............................................. SECTION 2 Asbestos Buik Sampling Methodology ............................................................ Section 2.1 Asbestos Bulk Sample Analysis ...................................................................... Section 2.2 Lead Based Paint Methodology &Sample Analysis ....................................... Section 2.3 PROCEDURES/ACCESS AND BUILDING DESCRIPTION ........................ SECTION 3 FINDINGS/RESULTS .................................................................................. SECTION 4 Asbestos Bulk Sample Results ....................................................................... Section 4.1 Lead Based Paint XRF Results ....................................................................... Section 4.2 CONCLUSIONS/RECOMMENDATIONS ....................................................... SECTION 5 Asbestos Conclusions ..................................................................................... Section 5.1 Asbestos Recommendations .......................................................................... Section 5.2 Lead Based Paint Conclusions ....................................................................... Section 5.3 Lead Based Paint Recommendations ............................................................. Section 5.4 LIMITATIONS................................................................................................. SECTION 6 Attachment: A ..............................................................Laboratory Certificates of Analysis Attachment: B ...................................................................Drawing and Sample Locations Attachment: C ...............................................................................................Photographs Attachment: D ............................................Consultant Certifications & CDPH Form 8552 4321 Furlong Place, Vernon California August 10, 2017 Limited Hazardous Material Survey Report Page - 2 1. EXECUTIVE ~~MMA~Y Velasco Environmental Services LLC, (VES) was retained by the City of Vernon (Client), to perform a limited asbestos and lead based paint survey at the Lopez Residence located at 4321 Furlong Place, California 90058. The limited asbestos and lead based paint survey was conducted on August 7, 2017 by Edwin Velasco, a representative of VES and California Division of Occupational Safety and Health (DOSH) Certified Asbestos Consultant (CAC #07-4193), and California Department of Public Health Lead Inspector Assessor and Lead Project Monitor, (CDPH IA/PM #21830). The purpose of the asbestos and lead based paint survey was to identify, and sample friable, and non-friable asbestos-containing materials (AGMs) and asbestos-containing construction materials (ALCMs). Sample representative building components for the presence of lead- containing surface coatings (LCSCs), lead-based paints (LBPs), and lead-bearing substances (LBSs) *if any, and to document the location, material type, asbestos and lead content, and the estimated total quantity. The bulk samples were submitted under proper chain-of custody protocol to LA Testing Laboratory, Inc. located at 520 Mission Street, in Pasadena, California. LA Testing Laboratory, Inc. is accredited by the American Industrial Hygiene Association (AIHA), the National Institute for Standards and Technology (NIST), and the National Voluntary Laboratory Accreditation Program NVLAP accredited (#200232), California Environmental Laboratory Accreditation Program (Cal-FLAP) accredited (#2322), and is a successful participant in the Proficiency Analytical Testing (PAT) program. The bulk samples obtained were analyzed by Polarized Light Microscopy (PLM) utilizing the "Interim Method for the Determination of Asbestos Fibers in Bulk Samples EPA/600/R-93/116" dated July 1993 as adopted by NVLAP as Test Method Code 18/A01 per Title 15, part 7 of the Code of Federal Register (CFR) with the following exception in reporting procedures. Exception: The EPA and South Coast Air Quality Management District (SCAQMD) do not consider those materials which contain on percent or less (< 1 %) of asbestos to be an "asbestos containing material" and those materials are recorded by the laboratory as "Trace" or "< 1 %". However, the State of California [California Labor Code, Section 6501.8(b)] defines an asbestos- containing construction material as any manufactured construction material containing more than one tenth of one percent (>0.1 %) asbestos by weight. Thus, bulk sample analysis of suspect materials indicating less than one percent (<1 %) by weight are reported by the laboratory as "Trace" (>0.1) disturbance or removal operations must be performed by a Cal- OSHA registered and state licensed asbestos removal contractor. All disturbance or abatement operations should be under the direction of a DOSH California Certified Asbestos Consultant (CAC). AchPstnc The asbestos survey was performed generally in accordance with the AHERA protocol (40 CFR Part 763, Subpart E). Visual identification was performed by assessing visible and accessible structural, architectural, and mechanical components. Asbestos-containing materials (ACM) were sampled in accordance with Procedures established by the United States Environmental Protection Agency (USEPA). 4321 Furlong Place, Vernon California August 10, 2017 Limited Hazardous Material Survey Report Page - 3 The survey performed was not intrusive and did NOT include access and sampling of areas which required reasonable demolition to access as required by the South Coast Air Quality Management District (SCAQMD) Rule 1403. Not all wall voids, plenums, and crawl spaces were accessed during this survey. Quantities and locations are based upon areas that were accessible. Materials similar to those in this report may be present in areas which were not accessed. Subsurface areas were not part of this survey. A total of 71 representative bulk samples were obtained for laboratory analysis. Analytical results revealed the presence of asbestos in 2 of the samples collected. However both samples were below <1 %, and were point counted by a 7,000 points using PLM Method. Analytical results for both samples that were point counted revealed both samples to be below <0.7 %. Both samples are no IongerAsbestos Containing Construction Material (ACCM). Lead Suspect lead-containing surface coatings (LCSs), lead based paints (LBPs), and lead bearing substances (LBS) were identified via visual inspection. Representative surface coatings and materials were tested utilizing a Niton XLp X-Ray Fluorescence Spectrum Analyzer (XRF) to detect the presence of lead in suspect lead-based paints. The XRF is a direct reading spectrum analyzer device. The readings from this instrument produce a 95% confidence level that the "lead" reading accurately reflects the actual level of lead in the tested surfaces. VES collected readings of representative painted and coated surfaces for evaluation of lead base paints. VES used a Niton XRF Spectrum Analyzer, Model XLp-300A. This device is a solid-state detector optimized for lead L-shell and K-shell X-ray detection and uses a 40 mCi 109Cd (1,480 Mbq) isotope for an excitation source. This survey was a limited screening of paint for the purpose of characterizing the lead content in paint and coatings likely to be disturbed during renovation or demolition activities. For this purpose, XRF analysis was used to screen for lead levels and provides results that are generally representative of typical conditions, but are not inclusive of all painted/coated surfaces present at the Project Site. This survey was not a surface by surface inspection as outlined in the U.S Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Base Paint Hazards in Housing pursuant to Title X of the Housing and Community Development Act of 1992. This analytical data can be helpful in evaluation of lead- related environmental risks in general, but cannot be used to calculate worker exposures and is not a substitute for employee exposure monitoring or waste stream sampling. The survey was conducted in accordance with the County of Los Angeles lead-based paint standard. Paint containing greater than or equal to 0.7 mg/cm2 of lead was considered lead- based paint. For the purpose of this report "Side A"will be the north side of the subject property, structure, or room. Paint chips samples were also collected for confirmation of all negative XRF results. All activities involving potential and identified lead-containing surfaces should be performed in accordance with California Health &Safety Code Sections 17920.10 and 10525, 10525.7, Title 8, California Code of Regulations (CCR), Section 1532.1. In addition, all activities involving identified lead-based paints (LBP) must be performed in accordance with Title 17, CCR Division1, Chapter 8, Sections 35001 through 36100, and 40 CFR 745 which proscribe the use of California Department of Public Health (CDPH) or Federal EPA certified firms, workers, work practices, and other requirements. 4321 Furlong Place, Vernon California August 10, 2017 Limited Hazardous Material Survey Report Page - 4 Lead-Based Paint (LBP) is defined by CDPH as any paint containing lead levels exceeding 0.5 weight (wt) % (or 5000 parts per million) via paint chip sampling or 1.0 milligrams per centimeter squared (mg/cm2) or greater via X-Ray Fluorescence (XRF) direct read instrument sampling. The County of Los Angeles defines "Dangerous levels of lead-bearing substances" as any paint, varnish, lacquer, putty, plaster, or similar coating or structural material which contains lead or its compounds in excess of 0.7 mg/cm2 Cal-OSHA rules apply to "any detectable concentration of lead" without a specified detection level. At present there is no state or federal regulation requiring mandatory lead removal or abatement prior to disturbance of building materials with identified lead paint or coatings. However, there are applicable Cal-OSHA worker protection and training requirements, Cal-EPA waste disposal requirements, CDPH requirements for public and residential buildings, Federal EPA requirements for residential buildings and child occupied facilities, and SB 460 lead hazard regulations that apply to lead-related construction activities, abatement activities and their associated wastes. The following is a brief discussion and summary of applicable requirements. Cal-OSHA: Title 8, California Code of Regulation (CCR), Section 1532.1 (8 CCR 152.1) governs occupational exposure to lead. This regulation requires that prior to initiation of certain activities, referred to as "trigger tasks" workers must be trained, medically evaluated, and properly fitted with respiratory protection, and protective clothing until statistically reliable personal eight-hour time weighted average (TWA) results indicate lead exposure levels below the Personal Exposure Limit (PEL) for each unique task which disturbs lead-based and lead-containing coatings. This process is known as a Negative Exposure Assessment or NEA. If the result of the exposure assessment is above the Action Level (AL) additional monitoring is required and it the result is above the PEL additional exposure monitoring, worker protection (including respirator protection and PPE) training and medical requirements apply. However even where NEA criteria is met, certain hazard communication training and work practice controls still apply where lead is disturbed. "trigger tasks" are tasks that are assumed to exceed the PEL pending an exposure assessment and they encompass the majority of construction activities that disturb surface coatings. Examples of "trigger tasks" range from manual paint scraping as a lower expected exposure up to hot work and abrasive blasting as the highest expected exposures, and include any non-listed task that the employer determines may potentially expose employees to lead levels above the AL OSHA does not consider any method that relies solely on the analysis of bulk material or surface content of lead (or other toxic material) to be acceptable for safely predicting employee exposure to airborne contaminates. Without air monitoring results or without the benefit of historical or objective data (including air sampling which clearly demonstrates that the employee cannot be exposed above the action level during any process, operation, or activity) the analysis of bulk or surface samples cannot be used to determine employee exposure.. "OSHA Standard Interpretation May 8, 2000". OSHA states that these rules apply to "any detectable concentration of lead" without a specified detection level. Due to the Consumer Product Safety Commission currently allowing paint to contain 90 parts per million (ppm) or 0.009 wt % of lead, the variation of lead content due to aging and weathering, and the variation of detection limits associated with analysis of bulk material, such as paint chips and surface content analysis via XRF, it is recommended that all painted or coated surfaces be treated as potentially containing lead. 4321 Furlong Place, Vernon California August 10, 2017 Limited Hazardous Material Survey Report Page - 5 Positive analytical results by either method can be used to indicate that detectable lead is present but negative results cannot be interpreted as conclusively demonstrating the absence of lead. Analytical data from analysis of bulk materials or surface content of lead can be helpful in evaluation of lead-related environmental risks in general but cannot be used to calculate worker exposures and are not a substitute for employee exposure monitoring. As a result of the above, any employee that works around potential lead-based or lead- containing coatings must have HAZCOM training and personal exposure air monitoring is additionally required for employees that disturb such coatings. Significant additional certification, notification, and work practices are required for materials found to be lead-based. Any welding, cutting or heating of metal surfaces containing surface coatings should be conducted in accordance with 29 CFR 1926.354 and 8 CCR 1537. These regulations require surface covered with toxic preservatives, and in enclosed areas, be stripped of all toxic coatings for a distance of at least 4 inches, in all directions from the area of heat application prior to the initiation of such heat applications, or 8 CCR 1536 Ventilation Requirements for Welding, Brazing, and Cutting. Federal EPA Renovation, Repair, and Painting Rule 40 CFR 745: Effective April 22, 2010 this rule covers all non-abatement renovation, repair or painting work in pre-1978 child occupied facilities and housing. Work which disturbs more than 6 square feet per room, or 20 square feet per exterior, of paint or other surface coatings that contain lead in concentrations equal to or excess of 1.0 mg/cm2 or 0.5% by weight are covered by this rule. Paint or surface coatings in pre-1978 child occupied facilities and housing, that have not been tested, or were tested using non-approved methods are also covered under this rule. Renovation, remodeling, painting, window replacement, plumbing, electrical work, heating and air conditioning, demolition, plus work performed by trades like carpenters, electricians and handymen are all covered under this rule. The rule applies to persons working for rental property owners, schools, day care providers, non-profit and governmental agencies. These regulations require notification to owners and tenants, special training, certifications (for both companies and individuals) work practices and clearance verification for such activities. CDPH: The Department of Public Health (CDPH) has specific requirements (Title 17 Sections 35001 thru 36100) for hazard assessment and work in public or residential structures in regards to lead-based paint. These regulations require special certifications, work practices, and notifications for such activities. Senate Bill 460 (SB 460): An act to amend Section 1941.1 of the Civil Code, and to amend Sections 17961, 17980, and 124130 of and to add Sections 17920.10, 105251, 105252, 105253, 105254, 105255, 105256 and 105257 to the Health and Safety Code relating to lead abatement. This bill allows for fines and criminal penalties to be levied on any person who is found to have performed lead abatement without containment or created a measurable "lead hazard" based upon current CDPH standards. A "lead hazard" means deteriorated lead-based paint, lead contaminated dust, lead contaminated soil, disturbing lead-based paint or presumed lead-based paint without containment, or any other nuisance which may result in persistent and quantifiable lead exposure. 4321 Furlong Place, Vernon California August 10, 2017 Limited Hazardous Material Survey Report Page - 6 County of Los Angeles, Title 11 Healthy and Safety, Division 1 Health Code, Chapter 11.28 Lead Hazards has specific requirements for limiting dangerous levels of lead bearing substances on "any toy, furniture, food utensil, household product, or the exterior or interior surfaces, fixtures or appurtenances of any dwelling, dwelling unit, child care facility, institution, hotel guest room, or on any premises inhabited or frequented by children" VES recommends that all parties who come into contact with paint or soil that have detectable lead concentrations follow all applicable federal, state, and local regulations relating to employee health and safety and proper disposal of generated wastes. Proper waste characterization and disposal of lead and other heavy metal contaminated debris, universal waste materials, PCBs, ozone depleting chemicals, low-level radioactive sources, and other hazardous materials should be conducted in accordance with 22 CCR Division 4.5, and the California Health and Safety Code, Section 25157.8. VES obtained a total of 61 representative test readings (including calibration readings) from the subject property. VES's XRF results revealed the presence of lead in quantities greater than or equal to 0.7 mg/cm2 in 3 XRF shots of the tests. For the purpose of this report "Side A" will be the north side of the building, structure, or room. ~e ~~MPLING METHODOLOGY AND ANALY~I~ 2.1 ASBESTOS BULK SAMPLING METHODOLOGY Each suspect asbestos-containing material (ACM) identified was bulk sampled in accordance with sampling guidelines established by the Environmental Protection Agency. The following summarizes the sampling procedures utilized. 1. The location and total quantity of each ACM was tabulated. 2. These materials were then categorized into homogeneous materials. A homogeneous material is defined as being uniform in texture, color, and date of application. 3. A sampling scheme was developed based upon the location and quantity of the various homogeneous materials. 4. Bulk samples were collected by trained personnel using an appropriate sampling tool and a leck-tight container. 5. Decontamination of bulk sampling tools was performed to prevent the spread of secondary contamination to subsequent bulk samples. 6. Each bulk sample was individually numbered and recorded on a Bulk Sample Log. 7. A Chain of Custody Record was maintained to track possession of the samples. 4321 Furlong Place, Vernon California August 10, 2017 Limited Hazardous Material Survey Report Page - 7 AHERA regulations under 40 CFR 763.86 define "surfacing material" as materials which are sprayed on, troweled on, or otherwise applied to surfaces. Examples include acoustical plaster on ceilings, and fireproofing materials on structural members. Random samples must be collected that statistically represent a homogeneous area of friable surfacing material, which is not assumed to be ACMs. "Homogenous area" is defined as an area of material that is uniform in color and texture. The accessible suspect materials were sampled to provide a determination of the asbestos content. If a decision is made to sample a homogenous friable surfacing material at least 3 samples were collected from homogenous areas of 1,000 square feet or less, at least 5 samples must be collected from homogenous areas greater than 1,000 square feet but less than 5,000 square feet, and at least 7 samples must be collected from homogenous areas of greater than 5,000 square feet. The EPA considers wallboard, joint compound, and tape to be a single wall system. Therefore, random samples of this material included all components of the system. For thermal system insulation (TSI), at least 3 bulk samples from each homogenous area were collected. However, if the homogenous material was visually observed as a patched area, less than 6 linear or square feet, only one bulk sample was collected. For friable miscellaneous materials and for all other non-friable suspect materials, a minimum of three samples were collected to determine whether the material is ACM/ACCM or not. 2.2 ASBESTOS BULK SAMPLE ANALYSIS All bulk samples were analyzed by Polarized Light Microscopy (PLM) in accordance with the "Interim Method for the Determination of Asbestos in Bulk Insulation Samples EPA/600/R- 93/116" dated July 1993 and adopted by the National Voluntary Laboratory Accreditation Program (NVLAP) Title 15, Part 7 of the Code of Federal Register (CFR) as affiliated with the National Institute for Standards and Technology (NIST). Each sample was subject to two microscopy examinations. The first examination was performed at 20X magnification using a stereo microscope equipped with an external illuminator. Each sample was examined for layering, homogeneity, and the presence of fibrous and non-fibrous materials. An estimate of the percentage for each sample component, relative to the entire sample volume, was made. When discrete strata were identified as a separate material, fibers were first identified and quantified by layer and then the results were combined to yield an estimate of total percent asbestos present. The second examination was performed at a range from 100X to 400X magnification using a Polarized Light Microscope equipped with two polarizing filters to observe specific optical characteristics. The use of polarized light allows the determination of refractive indices along specific crystallographic axes. Morphology and color were also observed. A retardation plate was placed at a 45 degree angle between the cross polars to determine the sign of elongation using orthoscopic illumination. Orientation of the two filters such that their vibration planes were perpendicular allowed observation of the birefringence and extinction characteristics of anisotropic particles. All samples were submitted to LA Testing, Inc. in South Pasadena, California. LA Testing, Inc. is accredited by the American Industrial Hygiene Association (AIHA), the National Institute for Standards and Technology (NIST), and the National Voluntary Laboratory Accreditation Program NVLAP accredited (#200232) and is a successful participant in the AIHA-Proficiency Analytical Testing (PAT) program. 4321 Furlong Place, Vernon California August 10, 2017 Limited Hazardous Material Survey Report Page - 8 2.3 LEAD BASED PAINT METHODOLOGY AND SAMPLE ANALY~I~ Surface Testing Using X-Ray Fluorescence (XRF) Spectrum Analyzer The XRF detector used for this survey was the Niton XLp 300A X-Ray Fluorescence Spectrum Analyzer (XRF). All operators were trained on the proper operating techniques and have been issued certificates. The XRF detector used for this survey was the Niton XLp 300A Spectrum Analyzer. All operators were trained on the proper operating techniques and have been issued certificates. IVITON XLp 300A —Information The Niton XRF Spectrum Analyzer, Model XLp-300A. This device is a solid-state detector optimized for lead L-shell and K-shell X-ray detection and uses a 40 mCi 109Cd (1,480 Mbq) isotope for an excitation source.. The XLp uses a 10-millicurie Cadmium109 source, which has a half-life of 15 months. The XLp measures both the L X-ray and K X-ray lines of lead. The triple L X-rays are independent of the substrate; are shown on the screen separately; have no read- through; are fast, highly accurate, and precise at low levels; and can penetrate 0.5 millimeter (mm) of paint. The L X-rays are used to determine the levels of lead in the paint and the K X-rays are used to resolve ambiguities and provide measurements for painted surfaces with numerous layers of paint. The XLp is amulti-channel analyzer of XRF, controlled by a microprocessor, with a liquid crystal display (LCD) to show the resultant spectra and readings. It reads from 1,480 Mbq channels and displays 100 channels. The LCD displays: Lead levels of both Land K X-ray readings The precision of the instrument (i.e., +/- 0.1) A depth for each sample (from 1 to 10) Time in source seconds (Ss) and watch (live) seconds Battery life and temperature The detection range of the L X-rays is from 0.1 to 5.0 mg/cm2 The K X-ray detection range is from 0.1 to 100 mg/cm2. The LCD screen shows a continuous readout of each item indicated while the sample is being taken, allowing the operator the opportunity to continue the measurement until the desired accuracy and precision have been achieved. Therefore, sampling time can vary from 5 seconds to a few minutes. The measuring window of the Niton XLp is 1 centimeter (cm) x 2 cm and is located on the bottom of the device near the front edge, thus allowing sampling of small surfaces (i.e., top side of a chair rail). Calibration of The Niton XLp 300A The Niton XLp 300A automatically calibrates each time the device is turned on. The calibration is accomplished by sampling the tungsten shield and adjusting its sampling results to match the known response of the tungsten. This calibration was conducted every day. 4321 Furlong Place, Vernon California August 10, 2017 Limited Hazardous Material Survey Report Page - 9 Niton XRF Measurement Collection Following the identification of the select, representative building component to be measured, the location was identified and a "representative" measurement was collected. Once a location was identified, all necessary data were entered into the XRF. Data includes Room, Component Type (Structure and Feature), Component Substrate, Condition and Side Following the entry of the above information, a measurement was taken. After 3 seconds, the data always showed a graphic display, an auto scaled spectrum from 0 to 25 kilo-electron volts (keV). If lead was present, three independent peaks were shown from the alpha, beta, and gamma ranges of the L X-rays. The middle peak (beta) at 12.6 keV was a definite signal of the presence of lead. At any time after 3 seconds, the XRF displayed a numerical reading in the standard mode if there was a 95 percent confidence level of the result. QUALITY ASSURANCE/QUALITY CONTROL PROCEDURES As required by the XRF PCS, quality control (QC) was accomplished through three measurements of a known lead standard. These measurements were taken of a yellow colored sample with a known lead concentration (1.0 mg/cm2 ± 0.1). During these measurements, the expected average lead concentration was approximately 1.0 mg/cm2. These QC procedures were conducted at the beginning and ending of each day, and/or whenever the XRF was turned on after a period of non-use. The QC readings were recorded in the sampling data. 3. PROCEDURES/ACCESS &BUILDING DESCRIPTION SURVEY PROCEDURES Suspect asbestos-containing material and lead based paints identification was performed throughout the interior, and exterior of the subject property for the presence of suspect asbestos- containing materials, and lead based paints. The limited asbestos-containing material and lead based paint survey conducted was not intrusive and included access and sampling of the interior walls, floors, ceilings, and exterior. Edwin Velasco accessed those areas where reasonable suspicion suggested suspect asbestos- containing materials and lead based paints might be concealed. Previous sampling data and original construction plans and specifications were not available at the time of the survey. All findings, conclusions, and analytical data presented in this report are based on the information (field inspection and sampling data) obtained Velasco Environmental Services, LLC during the survey. ACCESS The survey of the interior, and exterior of the subject property of was conducted on August 7, 2017. Mr. Felix Velasco with the City of Vernon (Client) provided access to the subject property. All accessible functional spaces were inspected. 4321 Furlong Place, Vernon California August 10, 2017 Limited Hazardous Material Survey Report Page - 10 BUILDING DESCRIPTION The subject property Lopez Residence located at 4321 Furlong Place, Vernon, California 90058 is a one-story residential property. The date of construction is unknown. The original or as built construction specification and plans were unavailable at the time of the limited asbestos- containing material, and lead based paint survey. The subject property is constructed on a graded concrete foundation. The building has exterior stucco, with skim coat. The interior construction includes smooth plaster walls, smooth plaster ceilings, stone floor, and carpet over a concrete slab. Except the bathroom which has gypsum wallboard walls and ceiling. The roof was excluded from the survey. 4. FINDINGS/RESULTS 4.1 ASBESTOS BULK SAMPLE RESULTS A total of 11 representative bulk samples were obtained for laboratory analysis. Analytical results revealed presence of asbestos in (2) of the samples collected. However both samples were below <1 %, and were point counted by a 1,000 points using PLM Method. Analytical results for both samples that were point counted revealed both samples to be below <0.1 %. The following chart lists the material type, percent asbestos, friability, and estimated quantity for each ACM and ACCM identified. 43~~ ~urlon~ glace, Vernon, California LOCATION MATERIAL TYPE PERCENT ASBESTOS FRIABLE QUANTITY ~xferior Exterior Stucco Finish Coaf — ~1 % No 2,010 SF Chrysotile Exterior Exterior Stucco Finish Coat — <0.1 % (1,000 No N/A Point Count) Crawl Space, and Asbestos Cement Presumed Asbestos No 2 (6" Pipes) Attic Above Master Pipes Containing Material Bedroom ~ 9inin~► Asbestos-containing material is defined as any material containing more than one percent (1 %) asbestos as determined by using Phase Light Microscopy (PLM) Methodology (40 CFR Part 61) In California, asbestos-containing construction material (ACCM) is defined by Cal-OSHA as any material containing more than 0.1 % (one-tenth of one percent) of asbestos by weight (Title 8 CCR Section 1529) Materials for which laboratory analytical result is reported as "Trace" or "<1 %" must be managed, abated, and disposed of following the SCAQMD, NESHAPS, and OSHA regulations applicable to materials containing >1.0% asbestos. Additional analysis by point count or TEM methodology is required to determine if the material is above or below the 1.0% threshold. Materials found to be below <1.0% asbestos are not regulated by SCAQMD or NESHAPS reducing notification, work practice, and disposal requirements, but are still regulated by Cal-OSHA per the requirements of 8 CCR 1529. 4321 Furlong Place, Vernon California August 10, 2017 Limited Hazardous Material Survey Report Page - 11 ASBE~~OS BULK SAMPLE LOG -CHAIN OF ~:U~T'~~Y INVE~I~~RY The following chain of custody inventory lists VES asbestos bulk sample logs. Asbestos- containing building materials were identified in the referenced subject property. The inventory identifies the sample number, material type, location, asbestos content, friability, and estimated total quantity of material. All suspect asbestos-containing building materials identified were bulk sampled to determine if they contain asbestos. All materials for which laboratory analysis confirmed to contain "Trace" or "<1 %" asbestos, VES recommends analyzing these samples using 1000 point count method by TEM gravimetric matrix reduction or polarized light microscopy in accordance with EPA regulations Materials containing "Trace" or "<1 %" asbestos by are considered positive in this report. Two samples of exterior stucco were point counted and analytical results revealed both samples to be below <0.1 4321 Furlong Place, Vernon CA SAMPLE MATERIAL TYPE SAMPLE LOCATION ASBESTOS ~~InBLE QUANTITY NO CONTENT N/A N/A 4321-1 Smooth Plaster Walls & Dining Room ND Ceilin s 4321-2 Smooth Plaster Walls Laund Room ND 4321-3 Smooth Plaster Walls Bedroom No #1 ND 4321-4 Drywall/Tape/Joint Bathroom ND N/A N/A Com ound 4321-5 Drywall/Tape/Joint Bathroom ND Com ound 4321-6 Drywall/Tape/Joint Bathroom ND Com ound I 4321-7 Exterior Stucco Exterior —East Side ND 4321-8 Exterior Stucco Exterior— North East ND 4321-9 Exterior Stucco Exterior— North Side ND 4327-70 Exterior Stucco Exterior —West Side Finish Coat — <1 Chrysotile Base Coat — ND *Samples #70 & #71 Were Point Counted. 4321-71 Exterior Stucco Exterior— South Side Finish Coat — <9 % Chrysotile Analytical Results were Base Coat — ND <0.1 All material quantities reported herein are a rough order of magnitude estimates and should not be used for bidding purposes. All contractors are responsible for accurately determining quantities and locations of materials identified in this report 4321 Furlong Place, Vernon California August 10, 2017 Limited Hazardous Material Survey Report Page - 12 4.2 LEAD BASED PAINT XRF RESULTS The following lists the location, paint type (color), substrate, total lead content, condition and estimated total quantity for each lead-based paint/material identified in each building. LOCATION COMPOfVENT Fascia COLOR Whife SUBSTRATE Wood XRF READINGS (mglcm2) QUAN1'17Y Exterior 0.8 164 SF Exterior Soffif I White Wood 7.9 Exterior Portico White Wood 2.3 Entrance VES obtained a total of 61 representative test readings (including calibration readings) from the subject property. VES's XRF results revealed the presence of lead in quantities greater than or equal to 0.7 mg/cm2 in 3 XRF shots of the tests. For the purpose of this report "Side A" will be the north side of the building, structure, or room. XRF Readings - 4321 Furlong Place, Vernon CA No # Side Room Component Substrate Cond: **** Color **** Lead m /cm2) **** result **** 113 *** **** Shutter Cal **** 114 Cal **** Cal Cal Cal ~ Yellow 2.8 Positive 115 Cal **** Cal Cal Cal Yellow 2.1 Positive 116 Cal **** Cal Cal Cal ~ Yellow 2.9 Positive 117 C Master BD U er Wall Plaster Intact White 0.2 Ne ative 118 B Master BD Wall Plaster Intact White 0.09 Ne ative 119 A ( Master BD Lower Wall Plaster Intact ~ White 0.18 Ne ative 120 D ~ Master BD Ceilin Plaster Intact ~ White 0.16 Ne ative 121 D ( Kitchen Door Frame Wood Intact White 0.11 Ne ative 122 A ~ Kitchen Door Wood Intact ~ White 0.09 Ne ative 123 B ~ Kitchen Floor Stone Intact Bei e 0.03 Ne ative 124 C ~ Kitchen Ceilin Plaster Intact White 0.09 Ne ative 125 B ~ Kitchen Wall Plaster Intact White 0.03 Ne ative 126 C Kitchen Lower Wall Plaster Intact White 0.11 Ne ative 127 A BDR 1 Wall Plaster Intact White 0.19 Ne ative 128 D BDR 1 Door Jamb Wood Intact White 0.08 Ne ative 129 D BDR 1 Door Casin Wood Intact White 0.19 Ne ative 130 B BDR 1 Wall Plaster Intact White 0.11 Ne ative 131 A Dinin Wall Plaster Intact White 0.34 Ne ative 132 B Dinin U er Wall Plaster Intact White 0.31 Ne ative 133 D Dinin Lower Wall Plaster Intact White 0.04 Ne ative 134 A Dinin Wall Plaster Intact White 0.18 Ne ative 135 A Dinin Ceilin Plaster Intact White 0.29 Ne ative 136 B Livin Rm Wall Plaster Intact White 0.03 Ne ative 137 C Livin Rm Ceilin Plaster Intact White 0.03 Ne ative 138 D Livin Rm Ceilin Plaster Intact White 0.06 Ne ative 139 C Livin Rm Door Jamb Wood Intact White 0.3 Ne ative 140 C Livin Rm Door Wood Intact White 0.14 Ne ative 141 A Livin Rm U er Wall Plaster Intact White 0.03 Ne ative 142 B Livin Rm Lower Wall Plaster Intact White 0.03 Ne ative 143 A BDR 2 Wall Plaster Intact White 0.31 Ne ative 144 C BDR 2 Ceilin Plaster Intact White 0.21 Ne ative 4321 Furlong Place, Vernon, California August 10, 2017 Limited Hazardous Material Survey Report Page - 13 No # Side Room Component Substrate Cond: Color Lead m /cmz Result 145 A BDR 2 Cabinet Wood Intact White 0.19 Ne ative 146 B BDR 2 U er Wall Plaster Intact White 0.05 Ne ative 147 D BDR 2 Wall Plaster Intact White 0.18 Ne ative 148 A Hall Wall Plaster Intact White 0.04 Ne ative 149 B Hall Wall Plaster Intact White 0.07 Ne ative 150 C Hall Ceilin Plaster Intact White 0.24 Ne ative 151 A Hall Cabinet Wood Intact White 0.03 Ne ative 152 B Hall Door Jamb wood Intact White 0.03 Ne ative 153 A Bathroom Wall Plaster ~ Intact White 0.23 Ne ative 154 B Bathroom Wall Plaster Intact White 0.23 Ne ative 155 C Bathroom Wall Plaster Intact White 0.03 Ne ative 156 A Bathroom Sink Ceramic Intact White 0.09 Ne ative 157 A Bathroom Sink Counter Ceramic Intact White 0.41 Ne ative 158 B Bathroom Bath Tub Ceramic Intact White 0.06 Ne ative 159 D Bathroom Lower Wall Ceramic Intact White 0.08 Ne ative 160 A Bathroom Floor Stone Intact Bei e 0.21 Ne ative 161 C Exterior U er Wall Stucco Intact Yellow 0.07 Ne ative 162 B Exterior Lower Wall Stucco Intact Yellow 0.06 Ne ative 163 C Window Casin Wood Intact White 0.05 Ne ative 164 A Exterior Wall Stucco Intact Yellow 0.39 Ne ative 157 A Window Sill Wood Intact White 0.36 Ne ative 158 B Downs out Downs out Metal Intact White 0.06 Ne ative 759 C Fascia Fascia/Soffit Wood Intact White 0.8 Positive 760 A Soffit Entrance Wood Intact White 7.9 Positive 767 C Portico Entrance Wood Intact White 2.3 Positive 770 A Portico Ceilin Wood Intact White 1.4 Positive 171 D Exterior U er Wall Stucco Intact Yellow 0.2 Ne ative 172 Cal **** Cal Cal Cal Yellow 2.4 Positive 173 Cal **** Cal Cal Cal Yellow 2.1 Positive 174 Cal **** Cal Cal Cal Yellow 2.8 Positive For the purpose of this survey, and in accordance with Title 8 CCR, Section 1532.1 and Title 17 of the California Code of Regulations (17 CCR) Section 35001 and The County of Los Angeles the sampling results were interpreted as follows. A. Lead-based paints/lead-bearing paints were determined to be present when bulk samples revealed a lead concentration of 5000 mg/kg (ppm) or when XRF results revealed a concentration of >0.7 milligrams per square centimeter (mg/cm2). B. Positive results (lead detected) were determined when bulk samples revealed a lead concentration of <5000 mg/kg (ppm) down to the analytical detection limit of the testing or when XRF measurements were <0.7 milligrams per square centimeter (mg/cm2) down to the detection limit of the measurements. C. "No Lead Detected" (LOD) was determined when bulk sample results or XRF measurements did not reveal a lead concentration above the analytical detection limit of the analytical or measurement technologies. 4321 Furlong Place, Vernon, California August 10, 2017 Limited Hazardous Material Survey Report Page - 14 Specific XRF results for each of the tests performed and drawings of the building showing the floor plan of the building and the "Side" where the XRF tests were collected are provided in the Attachment B and C. 5. CONCLUSIONS AND RECOMMENDATIONS 5.1 ASBESTOS CONCLUSIONS Two presumed asbestos cement pipes were identified in the subject property. Asbestos cement pipes are located in the attic space anc~ are behind the master bedroom and dining. These materials are non-friable and are in good condition and may be managed in place under a site- specific Operations and Maintenance Program. If the identified asbestos-containing materials are to be removed in the future, this work is required to be performed by a State of California licensed asbestos abatement contractor. Areas that required demolition were not accessed. If hidden suspect ACM are identified that were not previously sampled, these materials are required to be sampled prior to disturbance. 5.2 ASBESTOS RE~~MM~~J~A`TIONS The following federal, state, and local regulations require that if the identified presumed ACM asbestos cement pipes are removed from the subject property located at 4321 Furlong Place, Vernon, California prior to demolition or renovation activities that written notification be provided to contractors and other effected parties. Prior to activities which will disturb identified or assumed ACM, or ACCM a Cal/OSHA registered and California asbestos contractor must be utilized for abatement of ACM, or ACCM that will be impacted. 2. Materials encountered in the subject property that are not part of this survey report must be properly sampled for the content of asbestos or assumed to be asbestos containing prior to any disturbance. 3. Removal of >100 square feet of identified or suspect asbestos-containing materials or materials that could be impacted requires a written notification to South Coast Air Quality Management District (SCAQMD) 14 working days prior to the demolition of any structure and that all friable and non-friable ACM be removed prior to demolition by a State of California licensed asbestos abatement contractor. Cal/OSHA requires notification in writing at least 24 hours prior to the initiation of such activities, and obtaining the appropriate Los Angeles Fire Department (LAFD) permit. 4. The California Health and Safety Code Chapter 10.4 requires that for any demolition the owner of a commercial or industrial building provide written notice to their employees, tenants, and contractors about the presence of asbestos in the building within 15 days of receipt of such knowledge. Any contractor that receives such notice is required to provide a copy to each of its employees. Notification to employees and contractors working within the buildings should be made in accordance with the California Health and Safety Code, Section 25915 et. seq. and Proposition 65. 4321 Furlong Place, Vernon, California August 10, 2017 Limited Hazardous Material Survey Report Page - 15 5. Notification to employees and contractors working within the subject property should be notified in accordance with the California Health and Safety Code, Section 25915 et. seq. and Proposition 65. NOTE: Other asbestos related and non-asbestos related regulations apply to site demolitions. 5.3 LEAD BASED PAINT CONCLUSIONS All identified lead-based paint was found to be in intact condition any damaged lead-based paint should be repaired (stabilized) or removed in order to eliminate the possibility of lead contamination. All lead based paint stabilization or removal work should be performed by a licensed lead abatement contractor. It is our understanding that the subject property may be renovated. Prior to renovation or demolition activities, a review of building components known to contain lead based paint should be assessed to confirm if they remain intact. The extent of paint film stabilization required should be evaluated prior to renovation or demolition activities and included in any specifications. All lead based paint stabilization or removal work should be performed by a licensed lead abatement contractor. 5.4 LEAD BASED PAINT RECOMMENDATIONS Current regulations do not require the removal of lead based paints prior to demolition or renovation activities as long as the paint is maintained in good and tightly adhered condition. However, if the demolition or renovation activities require sanding, grinding, or torch cutting of these paints, then the lead-based paint is required to be removed prior to these activities. All contractors should be informed of all locations of lead-based paint, whether in good or poor condition, prior to the start of any work within the interior or exterior of the building. 6. LIMITATIONS Velasco Environmental Services LLC (VES). warrants that our services are performed within, the limits prescribed by our clients, with the usual thoroughness and competence of the engineering profession. Opinions and recommendations presented herein apply to site conditions at the time of our investigation and those reasonably foreseeable, they cannot necessarily apply to site changes of which this office is not aware and has not had the opportunity to evaluate. The survey performed was limited to accessible, hazardous materials and the testing of representative areas. Subsurface investigations were not included as part of this investigation, nor were areas outside of the specific areas identified in this scope of work. If materials having characteristics in common with those identified in this report or if other forms of suspect asbestos-containing materials are discovered during work activities, maintenance personnel and/or contractors should be instructed to immediately cease work activities which may initiate an exposure episode, and notify the appropriate management personnel. The asbestos survey performed was not intrusive and did not include access and sampling of areas which required reasonable demolition to access as required by SCAQMD Rule 1403. Not 4321 Furlong Place, Vernon, California August 10, 2017 Limited Hazardous Material Survey Report Page - 16 all wall voids, plenums, and crawl spaces were accessed during this survey. Quantities and locations are based upon areas that were accessed. Materials similar to those in this report may be present in areas which were not accessed. Subsurface areas were not part of this survey. If you have any questions concerning the information within this report, please contact VES LLC at 323.825.3096. On behalf of Velasco Environmental Services LLC we wish to thank you for choosing VES and the opportunity to be of service. Sincerely, VELASCO ENVIRONMENTAL SERVICES LLC —~~ Edwin Velasco Program Director DOSH -Certified Asbestos Consultant #07-4193 CDPH -Certified Inspector Assessor/Project Monitor #21830 Attachment A —Laboratory Certificate of Analysis Attachment 8 —Drawing and Sample Locations Attachment C —Photographs Attachment D —Consultant Certifications & CDPH Form 8552 4321 Furlong Place, Vernon, California August 10, 2017 Limited Hazardous Material Survey Report Page - 17 ATTACHMENT A LABORATORY CERTIFICATES OF ANALYSIS 4321 Furlong Place, Vernon, California August 10, 2017 Limited Hazardous Material Survey Report Page - 18 LA Testing 520 Mission Street South Pasadena, CA 91030 TESTING Tel/Fax: (323) 254-9960 / (323) 254-9982 http://www.LATesting.com / pasadenalab@latesting.com Attention: Edwin Velasco Velasco Environmental Services, LLC 2129 East Cesar Chavez Avenue Suite 3 Los Angeles, CA 90033 Project: HM17-5013/4321 Furlong Place,Vernon,CA LA Testing Order: 321718671 Customer ID: 32VELA78 Customer PO: ProjectlD: Phone: Fax: (323) 547-7655 Received Date: 08/07/2017 3:05 PM Analysis Date: 08/08/2017 Collected Date: 08/07/2017 Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/776 Method using Polarized Light Microscopy Non-Asbestos Asbestos Sample Description Appearance %Fibrous %Non-Fibrous %Type 4321-1-Finish Coat Dining room -Smooth Beige 100% Non-fibrous (Other) None Detected plaster walls/ceilings Non-Fibrous 321718671-0001 Homogeneous 4321-1-Base Coat Dining room -Smooth Gray 100% Non-fibrous (Other) None Detected plaster walls/ceilings Non-Fibrous 321718671-000fA Homogeneous 4321-2-Finish Coat Laundry room - Beige 100% Non-fibrous (Other) None Detected Smooth plaster Non-Fibrous 321718671.0002 walls/ceilings Homogeneous 4321-2-Base Coat Laundry room - Gray 100% Non-fibrous (Other) None Detected Smooth plaster Non-Fibrous 321778671-0002A walls/ceilings Homogeneous 4321-3-Finish Coat Bedroom #1 -Smooth White 100% Non-fibrous (Other) None Detected plaster walls/ceilings Non-Fibrous 321718671-0003 Homogeneous 4321-3-Base Coat Bedroom #1 -Smooth Gray 100% Non-fibrous (Other) None Detected plaster walls/ceilings Non-Fibrous 321718671.0003A Homogeneous 4321-4-Drywall Bathroom - Brown/White 20%Cellulose 80% Non-fibrous (Other) None Detected Drywall/tapefjoint Non-Fibrous 321718671-0004 compound Homogeneous 4321-4-Joint Compound Bathroom - Tan 100% Non-fibrous (Other) None Detected Drywall/tape/joint Non-Fibrous 32r~~as~r-000aa compound Homogeneous 4321-5-Drywall Bathroom - Brown/White 20%Cellulose 80% Non-fibrous (Other) None Detected Drywall/tapefjoint Non-Fibrous 321718671-0005 compound Homogeneous 4321-5-Joint Compound Bathroom - Tan 100% Non-fibrous (Other) None Detected Drywall/tape/joint Non-Fibrous 321718671-0005A compound Homogeneous 4321-6-Drywall Bathroom - Brown/White 20%Cellulose 75% Non-fibrous (Other) None Detected Drywall/tape/joint Non-Fibrous 5%Glass szr~~asir-000s compound Homogeneous 4321-6-Joint Compound Bathroom - Tan/White 100% Non-fibrous (Other) None Detected Drywall/tape/joint Non-Fibrous 321718671.0006A compound Homogeneous 4321-7-Finish Coat Ext:Eastside -Exterior Tan 100% Non-fibrous (Other) None Detected stucco Non-Fibrous szntas~~-000~ Homogeneous 4321-7-Base Coat Ext:Eastside -Exterior Gray 100% Non-fibrous (Other) None Detected stucco Non-Fibrous 32f718671.0007A Homogeneous 4321-8-Finish Coat Ext:N East -Exterior Tan 100% Non-fibrous (Other) None Detected stucco Non-Fibrous szmss»-000s Homogeneous 4321-8-Base Coat Ext:N East -Exterior Gray 100% Non-fibrous (Other) None Detected stucco Non-Fibrous 32 7 71 86 71-0008A Homogeneous Initial report from: 08/08/2017 12:34:53 ASB_PLM_0008_0009 - 1.78 Printed: 8/8/2017 12:34 PM Page 1 of 2 LA Testing LA Testing Order: 321718671 Customer ID: 32VELA78 520 Mission Street South Pasadena, CA 91030 Customer PO: TESTING Tel/Fax: (323) 254-9960 / {323) 254-9982 http://www.LATesting.com / pasadenalab@latesting.com ProjectlD: Test Report: Asbesfos Analysis of Bulk Materials via EPA 600/R-93/116 Method using Polarized Light Microscopy Non-Asbestos Asbestos Sample Description Appearance %Fibrous %Non-Fibrous %Type 4321-9-Finish Coat Ext:Northside - Tan 100% Non-fibrous (Other) None Detected Exterior stucco Non-Fibrous 321718671-0009 Homogeneous 4321-9-Base Coat Ext:Northside - Gray 100% Non-fibrous (Other) None Detected Exterior stucco Non-Fibrous 321718671-0009A Homogeneous 4321-10-Finish Coat Ext:Westside - White 100% Non-fibrous (Other) <1% Chrysotile Exterior stucco Non-Fibrous s2mes~~-oofo Homogeneous 4321-10-Base Coat Ext:Westside - Gray/Beige 100% Non-fibrous (Other) None Detected Exterior stucco Non-Fibrous 32 1 7186 7 1-0010A Homogeneous 4321-11-Finish Coat Ext:Southside - Tan 100% Non-fibrous (Other) <1% Chrysotile Exterior stucco Non-Fibrous 321718677-0011 Homogeneous 4321-11-Base Coat Ext:Southside - Gray/Beige 100% Non-fibrous (Other) None Detected Exterior stucco Non-Fibrous 321718671-0011A Homogeneous Analysts) Nahid Motamedi (76) Roger Casil/as (6} Jerry Drapala Ph.D, Laboratory Manager or Other Approved Signatory EMSL maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced, except in full, without written approval by EMSL. EMSL bears no responsibility for sample collection activities or analytical method limitations. Interpretation and use of test results are the responsibility of the client. This report must not be used by the client to claim product certification, approval, or endorsement by NVLAP, NIST or any agency of the federal government. Non-friable organically bound materials present a problem matrix and therefore EMSL recommends gravimetric reduction prior to analysis. Samples received in good condition unless otherwise noted. Estimated accuracy, precision and uncertainty data available upon request. Unless requested by the client, building materials manufactured with multiple layers (i.e. linoleum, wallboard, etc.) are reported as a single sample. Reporting limit is 1 Samples analyzed by LA Testing South Pasadena, CA NVLAP Lab Code 200232-0, CA ELAP 2283 Initial report from: 08/08/2017 12:34:53 ASB_PLM_0008_0009 - 1.78 Printed: 8/8/2017 12:34 PM Page 2 of 2 Asbestos hulk Sample Log 2r2g ~ Cesnr nvez Aue 5z+ite No #3i T.os Ange es CA goo33-z8o~ Ciient: CITY OF VERN~N Address: 4329 FURLONG PLACE V~RPV~N CA Building iVame: RESIDENTIAL Coitected ~y: EDWIN VELASCO ;: 43Z3) Sz5-3ogC /Fax: (323} Sz 5-3n99 Date Sarnpied: / ~ ! ~~' Site Name:: L S ~ F'r~ject Number: HM17-5013 Cer~: CSST/SAC #: 07-4193 5ampts ~o # Sample Locat)on flli9: ~A~~€PiBI T~Ip@ $~ description NL~teriat Lo~~tiv~ Qa~~ IYtN} ~stimSted Pitot SF: . No # ~CD ~~ ~ ~ u t ~ r'~ S e r t2~. ✓u~~ ~ 3Z ~ ~ 9 S ~~ ~ z~ ~- 9 ~ I~ `~ Chu ~ ~ ~3 ~f ~ ~d ~ ~ ,~ ~-- ~~z~ - ------- ~~ ~ ~—I ~X~: `~'~S5i1~ ~-- 5T ~ °~3zj ~- ~'z1 Q `~. ~k ~ : ~lvi S~ l ~ ~~~ ~ ~' ~S~ i ~ ~ I -~3c~ ~. i ~~ PLM -Std At 9st Positive Turnaround Time: Same Day: 24 hr: 48hr 3 Day Other 1. Sure 2. vv'~ ~gna re 3. -- - Signatu re GAC #07-4193 Title Ti#fe Title I "7 l~/~ Inclusive Dafes ~ ~- ~S fnc~isive ates Inclusive Dates ~21~G~SCQ ~Y).`Uil'~o~nm~nta~ Se-~~~ces PAGE ~ O~ _~___ OrderID: 321718761 Harris, Bridgett From: Edwyr~ Velasco <edwin@velascoenv.com> Sent: Tuesday, August 08, 2017 5:01 PM To: LA Testing Lab -Pasadena; Flores, David Cc: Velasco, Felix SubJect: Re: LA Testing report, COC for orcJer(s) 32171$671 (321718671 - HM17-5013/4321. Furlong Place,Vernon,CA} We are requesting a 24hr TAT, PLM of 1,000 Point Count for 4321 Furlong PI, Sample no#'s 10 & #11. Should you have any quetions feel free to call or email me. Have a great day &will be in touch. Edwin Velasco CAC, REA, CMI, CDPH IA/PM Velasco Environmental Services LLC Sent from Galaxy S6 On Aug 8, 2~ 17 14:4 , "LA Testing (South Pasadena)" <pasadenaiab(a~,latesting.com> wrote: Report, COC for order(s): 321718671 - HM 17-5013/4321 Furlong Place,Vernon,CA David FloYes ~ Administrative Assistant LA TeStillg ~ 52o Mission Street ~ Sauth Pasadena, CA 91Q3Q Phone: 23-254-9960 f Fax: J Toll Free: 800-303-Q047 T~~f~~~ Lab Hours: Monday -Friday SAM - 6PM, Saturday 9AM - SPM, Sunday On-Call Some of the resources LA7esting, Inc. offers to our clients: LABConnect (Ordgr Products ~ client Corner ~ Training ~ Additional Rg~Qurces ~ Sampling Videos 'This email may contain privileged and confidential information grid is solely for the use of the sender's intended recipient{s}. If you are not the intondQd recipiQnt of this communication, you are hareby notified that any u~~authorixed revEew, usm, dissaminatton, distribution, downloading, or copying of this communication is strictly prohibited. If you received this email in error, p(eas~ notify the sender by reply email and delete a(I copies arnd attachments. Thank you." Page 1 Of LA Testing 520 Mission Street South Pasadena, CA 91030 ~ST~aG Phone/Fax: (323) 254-9960 / (323) 254-9982 http://www.LATesting.com / pasadenalab@latesting.com LA Testing Order: 321718761 Customer ID: 32VELA78 Customer PO: Project ID: Attention: Edwin Velasco Phone: Velasco Environmental Services, LLC Fax: (323) 547-7655 2129 East Cesar Chavez Avenue Received: 08/08/2017 5:01 PM Suite 3 Analysis Date: 08/09/2017 Los Angeles, CA 90033 Collected: Project: Re-analysis 321718671 / HM17-5013/4321 Furlong Place,Vernon,CA Test Report: Asbestos Analysis of Bulk Material via EPA 600/R-931116. Quantitation using the 1,000 Point Count Procedure Non-Asbestos Asbestos Sample Description Appearance °/a Fibrous %Non-Fibrous %Type 10 Ext westside -Exterior Tan 100% Non-fibrous (Other) <0.1%Chrysotile 321718761-0001 stucco Non-Fibrous Homogeneous 11 Ext southside -Exterior Tan 100% Non-fibrous (Other) <0.1%Chrysotile 321718761-0002 stucco Non-Fibrous Homogeneous Analysts) Guillermo Hernandez (2) Jerry Drapala Ph.D, Laboratory Manager or other approved signatory Some samples may contain asbestos fibers present in dimensions below PLM resolution Iimits.The limit of detection as stated in the method is 0.1 %. EMSLAnalytical Inc suggests that samples reported as <0.1% or none detected undergo additional analysis via TEM. The above test report relates only to the items tested. This report may not be reproduced, except in full, without written approval EMSL Analytical Inc. This test report must not be used by the client to claim product endorsement by NVLAP or any agency of the United States Government . EMSL Analytical Inc. bears no responsibility for sample collection activities, analytical method limitations, or the accuracy of results when requested to separate layered samples. EMSL Analytical Inc liability is limited to the cost of sample analysis.The test results contained within this report meet the requirements of NELAC unless otherwise noted. Samples received in good condition unless otherwise noted. Unless requested by the client, building materials manufactured with multiple layers (i.e. linoleum, wallboard, etc.) are reported as a single sample. Samples analyzed by LA Testing South Pasadena, CA NVLAP Lab Code 200232-0, CA ELAP 2283 Initial report from: 08/09/2017 17:28:17 ASB PLMPC 0006 0003 Printed 8/9/2017 5:29:12PM Page 1 of 1 ATTACHMENT B DRAWINGS AND SAMPLE LOCATIONS 4321 Furlong Place, Vernon, California August 10, 2017 Limited Hazardous Material Survey Report Page - 19 ~~: ATTACHMENT C PHOTOGRAPHS 4321 Furlong Place, Vernon, California August 10, 2017 Limited Hazardous Material Survey Report Page - 20 ~~=1Di~~RAPHS 1. Concrete Slab Underneath Carpet. 3. Lead Based Paint Portico at Entrance. 5. Lead Based Paint Soffit. 4321 Furlong Place, Vernon, California Limited Hazardous Material Survey Report ... 2. Presumed Asbestos Cement Pipe (Attic Space). 4. Lead Based Paint Fascia &Soffit. 6. Crawl Space &Point Count Exterior Stucco. August 10, 2017 Page - 21 ATTACHMENT D CONSULTANT CERTIFICATIONS & CDPH FORM 8552 4321 Furlong Place, Vernon, California August 10, 2017 Limited Hazardous Material Survey Report Page - 22 STATE OF CALIFORNIA Edmund G. Brown, 3r. Governor DEPARTMENT OF INDUSTRIAL RELATIONS Division of Occupational Safe[y and Health Asbestos Unit 2424 Arden Way, Suite 495 Sacramento, CA 9825-2417 ~~ (916) 574-2993 Office (916) 483-0572 Fa~c '` http://~~~41v.dir.ca.~ov/dirdatabases.html actu~u.dir.ca.eov 7Q3214193C 342 Velasco Environmental Services May 04, 2017 Edwin Velasco 2129 E Cesar Chavez Ave., #3 Los Angeles CA 90033-1800 Dear Certified Asbestos Consultant or Technician: Enclosed is your certification card. To maintain your certification, you must abide by the rules printed on the back of the certification card. Your certification is valid far a period of one year. If you wish to renew your certification, you mist apply for renewal at least 60 days before the expiration date shown on your card. [8 CCR 341.15(h)(1)]. Please hold and do not send copies of your required AHERA refresher renewal certificates to our office until you apply for renewal of your certification. 'Certificates must be kept current if you are actively working as a CAC or CSST. The grace period is only for those who are not actively working as an asbestos consultant or site surveillance technician. Ple~~se contact our office at the above address, fax number or email; of any changes in your contacUmailing information within 15 days of the change. Si erely, -" Jeff errell Senior Safety Engineer Attachment: Certification Card cc: File Renewal —Card Attached (Revised 10/24/2012) State of California Division of Occupational Safety and Health cerci~ad ~bescos eor,suicar~t _— Edwin V .;p~° `:y ~.~ ~ . . as ce `' ~ 9s oa o Ex T~ Ivlsbn of ~P6 oulhor¢ed by Soctlona e~W Professions Coda. \~ -- State of California Department of Public Health ` e~trne--ti C.Qfi.: ~ Inspector!Assessor 1113012017 P~ject ~r'•onitor 113012017 ~, win Veiascc ~ ~~ - ~i ~~ `~ 83 Mr. Edwin Velasco ~ -~-~ --- 2129 East Cesar Chavez Avenue, #3 Los Angeles, California 90033-1800 C O R P O Ft ~ T I O N Mr. Edwin Veiasco Earth Tech Inc. 100 West Broadway, Suite 240 Long Beach, CA 90802 Dear Mr. Velasco: April 25, 2002 Congratulations on successfully completing the Manufacturer's Training Course for NITON's portable Spectrum Analyzer instruments. We admire your effort in completing this course and are enclosing your Certificate. This certifies you in radiation safety and monitoring, measurement technology, and machine maintenance of the NITON XRF Spectrum Analyzer. Now you can join the professionals who arc turning to on-site technologies for the measurement of metals in lead-based paint, soil, air, and coatings as well as alloy identification. These technologies offer huge savings in measurement time and cost over conventional methods. At the same time, they have become widely accepted for regulatory accreditation and support. • EPA lead program accepts XRI~ for lead pai~it testing, and verifies performance via "Performance Characteristics Sheets". • The EPA lead program had implemented a full accreditation program for on-site lead analysis in soil, dust and paint. • EPA/HUD Method 6200 is publis~ied for analysis of contaminants in soils and sediment using field portable X-Ray Fluorescence (XRF}. • NIOSH Method 7702 is published for on-site analysis of filters used for the measurement of airborne lead levels for worker exposure, using portable XRF. NITON is the leading manufacturer of portable XRF analyzers for contaminant analysis. Instruments can be configured for nearly any application, including lead paint analysis, RCRA metal analysis for soils, coatings and contaminants in air. And readings take as little as a few seconds. For most applications, results meet laboratory-level accuracy standards. For "project oriented" companies, NITON even offers an attractive rental program. Every NITON XRF can be upgraded to keep pace with the changes in your business. Please call us today to discuss your measurement needs. Our trained, technical staff will help you identify on-site testing methods to save you time and money. On-site analysis also greatly speeds the inspection and clearance process for remediation projects. We'll develop an instrument package that solves your problems. And we'll schedule and on-site demonstration at your convenience. Please call us for further information, or visit our web site at www.niton.com. We are committed to solving your measurement needs. Best regards, ~~ Victoria Grzybinski Training Coordinator 900 Middlesex Turnpike, Building 8 •Billerica, MA 01821-3926 USA Tel: 978-670-7460 • 800-875-1578 ~ Fax: 978-670-7430 • www.niton.com •email: xrF@nifon.com State of California —Health and Human Services Agency LEAD HAZARD EVALUATION REPORT Section 1 —Date of Lead Hazard Evaluation 8/7/2017 Section 2 — Type of Lead Hazard Evaluation (Check one box only) [✓~ Lead Inspection ❑Risk assessment U Clearance Inspection U Other (specify} Section 3 —Structure Where Lead Hazard Evaluation Was Conducted Address [number, street, apartment (if applicable)] 'City 4321 FURLONG PLACE VERNON Construction date (year) of structure UNKNOWN Typs of structure Multi-unit building ~✓ Single family dwelling School or daycare q Other California Department of Public Neaith County LA COUNTY Children living in structure? 0 Yes ~ No L_ ~ Don't Know Zip Code - ~- 90058 Section 4 —Owner of Structure (if businessJagency, list contact person) Name j Telephone number CITY OF VERN~N i, (323) 583-8811 --~--- - -Address [number, street, apartment (if applicable)] City !State I Zip Code 4305 S. SANTA FE AVE ~ VERNON ~ CA 90058 Section 5 —Results of Lead Hazard Evaluation (check all that apply) No lead-based paint detected ~ Intact lead-based paint detected ~ Deteriorated lead-based paint detected No lead hazards detected ❑Lead-contaminated dust found ~ Lead-contaminated soil found C Other_ ____ Section 6 —Individual Conducting Lead Hazard Evaluation Name ~ Telephone number EDWIN VELASCO i 323-825-3096 Address [number, street, apartment (if applicable)) City ~ State ~ Zip Code 2129 E. CESAR CHAVEZ AVE #3 LOS ANGELES L,CA f 90033 CDPH certification number Si nature g Ogha~ysignedbyEdw~nvelauo i Date DN: c~=Edwin YNauo. aVES LLC ou. ~ 21830 ~`~~' a,~ 201 ~5.1.9e1103~5-0700'-~ 8/10/2017 Name and CDPH certification number of any other individuals conducting sampling or testing (if applicable) N/A Section 7 —Attachments A. A foundation diagram or sketch of the structure indicating the specifc locations of each lead hazard or presence of lead-based paint; B. Each testing method, device, and sampling procedure used; C. Afl data collected, including quality control data, laboratory results, including laboratory name, address, and phone number. First copy and attachments retained by inspector Second copy and attachments retained by owner CDPH 8552 (6/07) Third copy only (no attachments) mailed or faxed to: California Department of Public Health Childhood Lead Poisoning Prevention Branch Reports 850 Marina Bay Parkway, Building P, Third Floor Richmond, CA 94804-6403 Fax: (510)620-5656 ATTACHMENT3 LEAD AND ASBESTOS REPORT FOR 4325 FURLONG PLACE SPECIFIC FOR THIS PROJECT LIMITED HAZARDOUS MATERIAL SURVEY REPORT Located at: Vacant Residence 4325 Furlong Place City of Vernon, California 90058 Prepared for: City of Vernon Engineering Division Attn: Mr. Felix Velasco 4305 South Santa Fe Avenue Vernon, California 90058 Contract No #CS-0865 Prepared by: Velasco Environmental Services LLC 2129 E. Cesar Chavez Ave, Suite No #3 Los Angeles, California 90033 Project No# HM17-5013 Telephone: (323) 825-30961 Facsimile: (323) 825-3099 www.velascoenvironmental.com August 10, 2017 TABLE OF CONTENTS EXECUTIVE SUMMARY .............................................................................. SECTION 1 SAMPLING METHODOLGY AND ANALYSIS ............................................. SECTION 2 Asbestos Bulk Sampling Methodology ............................................................ Section 2.1 Asbestos Bulk Sample Analysis ...................................................................... Section 2.2 Lead Based Paint Methodology &Sample Analysis ....................................... Section 2.3 PROCEDURES/ACCESS AND BUILDING DESCRIPTION ........................ SECTION 3 Asbestos Bulk Sample Results ....................................................................... Section 4.1 Lead Based Paint XRF Results ....................................................................... Section 4.2 CK~7►[y~~b~i]~9L'~X~I~]►~ I►~iI~~I~L~~Li]~~ 9~~~[~1~'~ Asbestos Conclusions ..................................................................................... Section 5.1 Asbestos Recommendations .......................................................................... Section 5.2 Lead Based Paint Conclusions ....................................................................... Section 5.3 Lead Based Paint Recommendations ............................................................. Section 5.4 LIMITATIONS ................................................................................................. SECTION 6 Attachment: A ..............................................................Laboratory Certificates of Analysis Attachment: B. .............................. brawing and Sample Locations Attachment: C ...............................................................................................Photographs Attachment: D ............................................Consultant Certifications & CDPH Form 8552 4325 Furlong Place, Vernon California August 10, 2017 Limited Hazardous Material Survey Report Page - 2 1. EXE~UT'IV~ ~IJ~VIMARY Velasco Environmental Services LLC, (VES) was retained by the City of Vernon (Client), to perform a limited asbestos and lead based paint survey at the vacant Residence located at 4325 Furlong Place, California 90058. The limited asbestos and lead based paint survey was conducted on August 7, 2017 by Edwin Velasco, a representative of VES and California Division of Occupational Safety and Health (DOSH) Certified Asbestos Consultant (CAC #07-4193), and California Department of Public Health Lead Inspector Assessor and Lead Project Monitor, (CDPH IA/PM #21830). The purpose of the asbestos and lead based paint survey was to identify, and sample friable, and non-friable asbestos-containing materials (AGMs) and asbestos-containing construction materials (ALCMs). Sample representative building components for the presence of lead- containing surface coatings (LCSCs), lead-based paints (LBPs), and lead-bearing substances (LBSs) *if any, and to document the location, material type, asbestos and lead content, and the estimated total quantity. The bulk samples were submitted under proper chain-of custody protocol to LA Testing Laboratory, Inc. located at 520 Mission Street, in Pasadena, California. LA Testing Laboratory, Inc. is accredited by the American Industrial Hygiene Association (AIHA), the National Institute for Standards and Technology (NIST), and the National Voluntary Laboratory Accreditation Program NVLAP accredited (#200232), California Environmental Laboratory Accreditation Program (Cal-FLAP) accredited (#2322), and is a successful participant in the Proficiency Analytical Testing (PAT) program. The bulk samples obtained were analyzed by Polarized Light Microscopy (PLM) utilizing the "Interim Method for the Determination of Asbestos Fibers in Bulk Samples EPA/600/R-93/116" dated July 1993 as adopted by NVLAP as Test Method Code 18/A01 per Title 15, part 7 of the Code of Federal Register (CFR) with the following exception in reporting procedures. Exception: The EPA and South Coast Air Quality Management District (SCAQMD) do not consider those materials which contain on percent or less (< 1 %) of asbestos to be an "asbestos containing material" and those materials are recorded by the laboratory as "Trace" or "< 1 %". However, the State of California [California Labor Code, Section 6501.8(b)] defines an asbestos- containing construction material as any manufactured construction material containing more than one tenth of one percent (>0.1 %) asbestos by weight. Thus, bulk sample analysis of suspect materials indicating less than one percent (<1 %) by weight are reported by the laboratory as "Trace" (>0.1) disturbance or removal operations must be performed by a Cal- OSHA registered and state licensed asbestos removal contractor. All disturbance or abatement operations should be under the direction of a DOSH California Certified Asbestos Consultant (CAC). Asbestos The asbestos survey was performed generally in accordance with the AHERA protocol (40 CFR Part 763, Subpart E). Visual identification was performed by assessing visible and accessible structural, architectural, and mechanical components. Asbestos-containing materials (ACM) were sampled in accordance with Procedures established by the United States Environmental Protection Agency (USEPA). 4325 Furlong Place, Vernon California August 10, 2017 Limited Hazardous Material Survey Report Page - 3 The survey performed was not intrusive and did NOT include access and sampling of areas which required reasonable demolition to access as required by the South Coast Air Quality Management District (SCAQMD) Rule 1403. Not all wall voids, plenums, and crawl spaces were accessed during this survey. Quantities and locations are based upon areas that were accessible. Materials similar to those in this report may be present in areas which were not accessed. Subsurface areas were not part of this survey. A total of 71 representative bulk samples were obtained for laboratory analysis. Analytical results revealed the presence of asbestos in 7 of the samples collected. However the sample was below <1%, and was point counted by a 1,000 points using PLM Method. Analytical results for the sample that was point counted revealed the sample to be below <0.1 %. The sample is no longer an Asbestos Containing Construction Material (ACCM). Lead Suspect lead-containing surface coatings (LCSs), lead based paints (LBPs), and lead bearing substances (LBS) were identified via visual inspection. Representative surface coatings and materials were tested utilizing a Niton XLp X-Ray Fluorescence Spectrum Analyzer (XRF) to detect the presence of lead in suspect lead-based paints. The XRF is a direct reading spectrum analyzer device. The readings from this instrument produce a 95% confidence level that the "lead" reading accurately reflects the actual level of lead in the tested surfaces. VES collected readings of representative painted and coated surfaces for evaluation of lead base paints. VES used a Niton XRF Spectrum Analyzer, Model XLp-300A. This device is a solid-state detector optimized for lead L-shell and K-shell X-ray detection and uses a 40 mCi 109Cd (1,480 Mbq) isotope for an excitation source. This survey was a limited screening of paint for the purpose of characterizing the lead content in paint and coatings likely to be disturbed during renovation or demolition activities. For this purpose, XRF analysis was used to screen for lead levels and provides results that are generally representative of typical conditions, but are not inclusive of all painted/coated surfaces present at the Project Site. This survey was not a surface by surface inspection as outlined in the U.S Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Base Paint Hazards in Housing pursuant to Title X of the Housing and Community Development Act of 1992. This analytical data can be helpful in evaluation of lead- related environmental risks in general, but cannot be used to calculate worker exposures and is not a substitute for employee exposure monitoring or waste stream sampling. The survey was conducted in accordance with the County of Los Angeles lead-based paint standard. Paint containing greater than or equal to 0.7 mg/cm2 of lead was considered lead- based paint. For the purpose of this report "Side A" will be the north side of the subject property, structure, or room. Paint chips samples were also collected for confirmation of all negative XRF results. All activities involving potential and identified lead-containing surfaces should be performed in accordance with California Health &Safety Code Sections 17920.10 and 10525, 10525.7, Title 8, California Code of Regulations (CCR), Section 1532.1. In addition, all activities involving identified lead-based paints (LBP) must be performed in accordance with Title 17, CCR Division1, Chapter 8, Sections 35001 through 36100, and 40 CFR 745 which proscribe the use of California Department of Public Health (CDPH) or Federal EPA certified firms, workers, work practices, and other requirements. 4325 Furlong Place, Vernon California August 10, 2017 Limited Hazardous Material Survey Report Page - 4 Lead-Based Paint (LBP) is defined by CDPH as any paint containing lead levels exceeding 0.5 weight (wt) % (or 5000 parts per million) via paint chip sampling or 1.0 milligrams per centimeter squared (mg/cm2) or greater via X-Ray Fluorescence (XRF) direct read instrument sampling. The County of Los Angeles defines "Dangerous levels of lead-bearing substances" as any paint, varnish, lacquer, putty, plaster, or similar coating or structural material which contains lead or its compounds in excess of 0.7 mg/cm2 Cal-OSHA rules apply to "any detectable concentration of lead" without a specified detection level. At present there is no state or federal regulation requiring mandatory lead removal or abatement prior to disturbance of building materials with identified lead paint or coatings. However, there are applicable Cal-OSHA worker protection and training requirements, Cal-EPA waste disposal requirements, CDPH requirements for public and residential buildings, Federal EPA requirements for residential buildings and child occupied facilities, and SB 460 lead hazard regulations that apply to lead-related construction activities, abatement activities and their associated wastes. The following is a brief discussion and summary of applicable requirements. Cal-OSHA: Title 8, California Code of Regulation (CCR), Section 1532.1 (8 CCR 152.1) governs occupational exposure to lead. This regulation requires that prior to initiation of certain activities, referred to as "trigger tasks" workers must be trained, medically evaluated, and properly fitted with respiratory protection, and protective clothing until statistically reliable personal eight-hour time weighted average (TWA) results indicate lead exposure levels below the Personal Exposure Limit (PEL) for each unique task which disturbs lead-based and lead-containing coatings. This process is known as a Negative Exposure Assessment or NEA. If the result of the exposure assessment is above the Action Level (AL) additional monitoring is required and it the result is above the PEL additional exposure monitoring, worker protection (including respirator protection and PPE) training and medical requirements apply. However even where NEA criteria is met, certain hazard communication training and work practice controls still apply where lead is disturbed. "trigger tasks" are tasks that are assumed to exceed the PEL pending an exposure assessment and they encompass the majority of construction activities that disturb surface coatings. Examples of "trigger tasks" range from manual paint scraping as a lower expected exposure up to hot work and abrasive blasting as the highest expected exposures, and include any non-listed task that the employer determines may potentially expose employees to lead levels above the AL OSHA does not consider any method that relies solely on the analysis of bulk material or surface content of lead (or other toxic material) to be acceptable for safely predicting employee exposure to airborne contaminates. Without air monitoring results or without the benefit of historical or objective data (including air sampling which clearly demonstrates that the employee cannot be exposed above the action level during any process, operation, or activity) the analysis of bulk or surface samples cannot be used to determine employee exposure.. "OSHA Standard Interpretation May 8, 2000". OSHA states that these rules apply to "any detectable concentration of lead" without a specified detection level. Due to the Consumer Product Safety Commission currently allowing paint to contain 90 parts per million (ppm) or 0.009 wt % of lead, the variation of lead content due to aging and weathering, and the variation of detection limits associated with analysis of bulk material, such as paint chips and surface content analysis via XRF, it is recommended that a II painted or coated surfaces be treated as potentially containing lead. 4325 Furlong Place, Vernon California August 10, 2017 Limited Hazardous Material Survey Report Page - 5 Positive analytical results by either method can be used to indicate that detectable lead is present but negative results cannot be interpreted as conclusively demonstrating the absence of lead. Analytical data from analysis of bulk materials or surface content of lead can be helpful in evaluation of lead-related environmental risks in general but cannot be used to calculate worker exposures and are not a substitute for employee exposure monitoring. As a result of the above, any employee that works around potential lead-based or lead- containing coatings must have HAZCOM training and personal exposure air monitoring is additionally required for employees that disturb such coatings. Significant additional certification, notification, and work practices are required for materials found to be lead-based. Any welding, cutting or heating of metal surfaces containing surface coatings should be conducted in accordance with 29 CFR 1926.354 and 8 CCR 1537. These regulations require surface covered with toxic preservatives, and in enclosed areas, be stripped of all toxic coatings for a distance of at least 4 inches, in all directions from the area of heat application prior to the initiation of such heat applications, or 8 CCR 1536 Ventilation Requirements for Welding, Brazing, and Cutting. Federal EPA Renovation, Repair, and Painting Rule 40 CFR 745: Effective April 22, 2010 this rule covers all non-abatement renovation, repair or painting work in pre-1978 child occupied facilities and housing. Work which disturbs more than 6 square feet per room, or 20 square feet per exterior, of paint or other surface coatings that contain lead in concentrations equal to or excess of 1.0 mg/cm2 or 0.5% by weight are covered by this rule. Paint or surface coatings in pre-1978 child occupied facilities and housing, that have not been tested, or were tested using non-approved methods are also covered under this rule. Renovation, remodeling, painting, window replacement, plumbing, electrical work, heating and air conditioning, demolition, plus work performed by trades like carpenters, electricians and handymen are all covered under this rule. The rule applies to persons working for rental property owners, schools, day care providers, non-profit and governmental agencies. These regulations require notification to owners and tenants, special training, certifications (for both companies and individuals) work practices and clearance verification for such activities. CDPH: The Department of Public Health (CDPH) has specific requirements (Title 17 Sections 35001 thru 36100) for hazard assessment and work in public or residential structures in regards to lead-based paint. These regulations require special certifications, work practices, and notifications for such activities. Senate dill 460 (S~ 460): An act to amend Section 1941.1 of the Civil Code, and to amend Sections 17961, 17980, and 124130 of and to add Sections 17920.10, 105251, 105252, 105253, 105254, 105255, 105256 and 105257 to the Health and Safety Code relating to lead abatement. This bill allows for fines and criminal penalties to be levied on any person who is found to have performed lead abatement without containment or created a measurable "lead hazard" based upon current CDPH standards. A "lead hazard" means deteriorated lead-based paint, lead contaminated dust, lead contaminated soil, disturbing lead-based paint or presumed lead-based paint without containment, or any other nuisance which may result in persistent and quantifiable lead exposure. 4325 Furlong Place, Vernon California August 10, 2017 Limited Hazardous Material Survey Report Page - 6 County of Los Angeles, Title 11 Healthy and Safety, Division 1 Health Code, Chapter 11.28 Lead Hazards has specific requirements for limiting dangerous levels of lead bearing substances on "any toy, furniture, food utensil, household product, or the exterior or interior surfaces, fixtures or appurtenances of any dwelling, dwelling unit, child care facility, institution, hotel guest room, or on any premises inhabited or frequented by children" VES recommends that all parties who come into contact with paint or soil that have detectable lead concentrations follow all applicable federal, state, and local regulations relating to employee health and safety and proper disposal of generated wastes. Proper waste characterization and disposal of lead and other heavy metal contaminated debris, universal waste materials, PCBs, ozone depleting chemicals, low-level radioactive sources, and other hazardous materials should be conducted in accordance with 22 CCR Division 4.5, and the California Health and Safety Code, Section 25157.8. VES obtained a total of 49 representative test readings (including calibration readings) from the subject property. VES's XRF results revealed the presence of lead in quantities greater than or equal to 0.7 mg/cm2 in 70 XRF shots of the tests. For the purpose of this report "Side A" will be the north side of the building, structure, or room. 2. SAMPLI~IC~ ~i~ i~I~~~OLOGY AND ANALYSIS 2.1 ASBESTOS BULK SAMPLING METHODOLOGY Each suspect asbestos-containing material (ACM) identified was bulk sampled in accordance with sampling guidelines established by the Environmental Protection Agency. The following summarizes the sampling procedures utilized. 1. The location and total quantity of each ACM was tabulated. 2. These materials were then categorized into homogeneous materials. A homogeneous material is defined as being uniform in texture, color, and date of application. 3. A sampling scheme was developed based upon the location and quantity of the various homogeneous materials. 4. Bulk samples were collected by trained personnel using an appropriate sampling tool and a leck-tight container. 5. Decontamination of bulk sampling tools was performed to prevent the spread of secondary contamination to subsequent bulk samples. 6. Each bulk sample was individually numbered and recorded on a Bulk Sample Log. 7. A Chain of Custody Record was maintained to track possession of the samples. 4325 Furlong Place, Vernon California August 10, 2017 Limited Hazardous Material Survey Report Page - 7 AHERA regulations under 40 CFR 763.86 define "surfacing material" as materials which are sprayed on, troweled on, or otherwise applied to surfaces. Examples include acoustical plaster on ceilings, and fireproofing materials on structural members. Random samples must be collected that statistically represent a homogeneous area of friable surfacing material, which is not assumed to be ACMs. "Homogenous area" is defined as an area of material that is uniform in color and texture. The accessible suspect materials were sampled to provide a determination of the asbestos content. If a decision is made to sample a homogenous friable surfacing material at least 3 samples were collected from homogenous areas of 1,000 square feet or less, at least 5 samples must be collected from homogenous areas greater than 1,000 square feet but less than 5,000 square feet, and at least 7 samples must be collected from homogenous areas of greater than 5,000 square feet. The EPA considers wallboard, joint compound, and tape to be a single wall system. Therefore, random samples of this material included all components of the system. For thermal system insulation (TSI), at least 3 bulk samples from each homogenous area were collected. However, if the homogenous material was visually observed as a patched area, less than 6 linear or square feet, only one bulk sample was collected. For friable miscellaneous materials and for all other non-friable suspect materials, a minimum of three samples were collected to determine whether the material is ACM/ACCM or not. 2.2 ASBESTOS BULK SAMPLE ANALYSIS All bulk samples were analyzed by Polarized Light Microscopy (PLM) in accordance with the "Interim Method for the Determination of Asbestos in Bulk Insulation Samples EPA/600/R- 93/116" dated July 1993 and adopted by the National Voluntary Laboratory Accreditation Program (NVLAP) Title 15, Part 7 of the Code of Federal Register (CFR) as affiliated with the National Institute for Standards and Technology (NIST). Each sample was subject to two microscopy examinations. The first examination was performed at 20X magnification using a stereo microscope equipped with an external illuminator. Each sample was examined for layering, homogeneity, and the presence of fibrous and non-fibrous materials. An estimate of the percentage for each sample component, relative to the entire sample volume, was made. When discrete strata were identified as a separate material, fibers were first identified and quantified by layer and then the results were combined to yield an estimate of total percent asbestos present. The second examination was performed at a range from 100X to 400X magnification using a Polarized Light Microscope equipped with two polarizing filters to observe specific optical characteristics. The use of polarized light allows the determination of refractive indices along specific crystallographic axes. Morphology and color were also observed. A retardation plate was placed at a 45 degree angle between the cross polars to determine the sign of elongation using orthoscopic illumination. Orientation of the two filters such that their vibration planes were perpendicular allowed observation of the birefringence and extinction characteristics of anisotropic particles. All samples were submitted to LA Testing, Inc. in South Pasadena, California. LA Testing, Inc. is accredited by the American Industrial Hygiene Association (AIHA), the National Institute for Standards and Technology (NIST), and the National Voluntary Laboratory Accreditation Program NVLAP accredited (#200232) and is a successful participant in the AIHA-Proficiency Analytical Testing (PAT) program. 4325 Furlong Place, Vernon California August 10, 2017 Limited Hazardous Material Survey Report Page - 8 2.3 LEAD BASED PAI~I`~ METHODOLOGY AND SAMPLE AfVALYSIS Surface Testing Using X-Ray Fluorescence (XRF) Spectrum Analyzer The XRF detector used for this survey was the Niton XLp 300A X-Ray Fluorescence Spectrum Analyzer (XRF). All operators were trained on the proper operating techniques and have been issued certificates. The XRF detector used for this survey was the Niton XLp 300A Spectrum Analyzer. All operators were trained on the proper operating techniques and have been issued certificates. NITON XLp 300A —Information The Niton XRF Spectrum Analyzer, Model XLp-300A. This device is a solid-state detector optimized for lead L-shell and K-shell X-ray detection and uses a 40 mCi 109Cd (1,480 Mbq) isotope for an excitation source.. The XLp uses a 10-millicurie Cadmium109 source, which has a half-life of 15 months. The XLp measures both the L X-ray and K X-ray lines of lead. The triple L X-rays are independent of the substrate; are shown on the screen separately; have no read- through; are fast, highly accurate, and precise at low levels; and can penetrate 0.5 millimeter (mm) of paint. The L X-rays are used to determine the levels of lead in the paint and the K X-rays are used to resolve ambiguities and provide measurements for painted surfaces with numerous layers of paint. The XLp is amulti-channel analyzer of XRF, controlled by a microprocessor, with a liquid crystal display (LCD) to show the resultant spectra and readings. It reads from 1,480 Mbq channels and displays 100 channels. The LCD displays: Lead levels of both Land K X-ray readings The precision of the instrument (i.e., +/- 0.1) A depth for each sample (from 1 to 10) Time in source seconds (Ss) and watch (live) seconds Battery life and temperature The detection range of the L X-rays is from 0.1 to 5.0 mg/cm2 The K X-ray detection range is from 0.1 to 100 mg/cm2. The LCD screen shows a continuous readout of each item indicated while the sample is being taken, allowing the operator the opportunity to continue the measurement until the desired accuracy and precision have been achieved. Therefore, sampling time can vary from 5 seconds to a few minutes. The measuring window of the Niton XLp is 1 centimeter (cm) x 2 cm and is located on the bottom of the device near the front edge, thus allowing sampling of small surfaces (i.e., top side of a chair rail). Calibration of The Niton XLp 300A The Niton XLp 300A automatically calibrates each time the device is turned on. The calibration is accomplished by sampling the tungsten shield and adjusting its sampling results to match the known response of the tungsten. This calibration was conducted every day. 4325 Furlong Place, Vernon California August 10, 2017 Limited Hazardous Material Survey Report Page - 9 IViton XRF Measurement Collection Following the identification of the select, representative building component to be measured, the location was identified and a "representative" measurement was collected. Once a location was identified, all necessary data were entered into the XRF. Data includes Room, Component Type (Structure and Feature), Component Substrate, Condition and Side Following the entry of the above information, a measurement was taken. After 3 seconds, the data always showed a graphic display, an auto scaled spectrum from 0 to 25 kilo-electron volts (keV). If lead was present, three independent peaks were shown from the alpha, beta, and gamma ranges of the L X-rays. The middle peak (beta) at 12.6 keV was a definite signal of the presence of lead. At any time after 3 seconds, the XRF displayed a numerical reading in the standard mode if there was a 95 percent confidence level of the result. QUALITY ASSURANCE/QUALITY CONTROL PROCEDURES As required by the XRF PCS, quality control (QC) was accomplished through three measurements of a known lead standard. These measurements were taken of a yellow colored sample with a known lead concentration (1.0 mg/cm2 ± 0.1). During these measurements, the expected average lead concentration was approximately 1.0 mg/cm2. These QC procedures were conducted at the beginning and ending of each day, and/or whenever the XRF was turned on after a period of non-use. The QC readings were recorded in the sampling data. 3. PROCEDURES/d~~CESS &BUILDING DESCRIPTION SURVEY PROCEDURES Suspect asbestos-containing material and lead based paints identification was performed throughout the interior, and exterior of the subject property for the presence of suspect asbestos- containing materials, and lead based paints. The limited asbestos-containing material and lead based paint survey conducted was not intrusive and included access and sampling of the interior walls, floors, ceilings, and exterior. Edwin Velasco accessed those areas where reasonable suspicion suggested suspect asbestos- containing materials and lead based paints might be concealed. Previous sampling data and original construction plans and specifications were not available at the time of the survey. All findings, conclusions, and analytical data presented in this report are based on the information (field inspection and sampling data) obtained Velasco Environmental Services, LLC during the survey. ACCESS The survey of the interior, and exterior of the subject property of was conducted on August 7, 2017. Mr. Felix Velasco with the City of Vernon (Client) provided access to the subject property. All accessible functional spaces were inspected. 4325 Furlong Place, Vernon California August 10, 2017 Limited Hazardous Material Survey Report Page - 10 BUILDING DESCRIPTION The subject vacant property Residence located at 4325 Furlong Place, Vernon, California 90058 is a one-story residential property. The date of construction is unknown. The original or as built construction specification and plans were unavailable at the time of the limited asbestos- containing material, and lead based paint survey. The subject property is constructed on a graded concrete foundation. The building has exterior stucco, with skim coat. The interior construction includes smooth plaster walls, smooth plaster ceilings, stone floor, and carpet over a concrete slab. Except the bathroom which has gypsum wallboard walls and ceiling. The roof was excluded from the survey. 4. FINDINGS/RESULTS 4.1 ASBESTOS BULK SAMPLE RESULTS A total of 11 representative bulk samples were obtained for laboratory analysis. Analytical results revealed presence of asbestos in (1) of the samples collected. However the sample was below <1 %, and was point counted by a 1,000 points using PLM Method. Analytical results for the sample that was point counted revealed the sample to be below <0.1 %. The following chart lists the material type, percent asbestos, friability, and estimated quantity for each ACM and ACCM identified. 4325 Furlong Place, Vernon, California LOCATION MATERIAL TYPE PERCENT ASBESTOS FRIABLE QUANTITY Exterior Exterior Stucco Finish Coat — <1 % No 1,938 SF Chrysotile Exterior Exterior Stucco Finish Coat — <0.1% (1,000 No N/A Point Count) Crawl Space, and Asbestos Cement Presumed Asbestos Nc~ 3 (6"Pipes) Attic Above Pipes Containing Material Bedrooms, Dining, and Laund Room Asbestos-containing material is defined as any material containing more than one percent (1 %) asbestos as determined by using Phase Light Microscopy (PLM) Methodology (40 CFR Part 61) In California, asbestos-containing construction material (ACCM) is defined by Cal-OSHA as any material containing more than 0.1 % (one-tenth of one percent) of asbestos by weight (Title 8 CCR Section 1529) Materials for which laboratory analytical result is reported as "Trace" or "<1 %" must be managed, abated, and disposed of following the SCAQMD, NESHAPS, and OSHA regulations applicable to materials containing >1.0% asbestos. Additional analysis by point count or TEM methodology is required to determine if the material is above or below the 1.0% threshold. Materials found to be below <1.0% asbestos are not regulated by SCAQMD or NESHAPS reducing notification, work practice, and disposal requirements, but are still regulated by Cal-OSHA per the requirements of 8 CCR 1529. 4325 Furlong Place, Vernon California August 10, 2017 Limited Hazardous Material Survey Report Page - 11 ASBESTOS BULK SAMPLE LOG -CHAIN OF CUSTODY D~IVENTORY The following chain of custody inventory lists VES asbestos bulk sample logs. Asbestos- containing building materials were identified in the referenced subject property. The inventory identifies the sample number, material type, location, asbestos content, friability, and estimated total quantity of material. All suspect asbestos-containing building materials identified were bulk sampled to determine if they contain asbestos. All materials for which laboratory analysis confirmed to contain "Trace" or "<1 %" asbestos, VES recommends analyzing these samples using 1000 point count method by TEM gravimetric matrix reduction or polarized light microscopy in accordance with EPA regulations Materials containing "Trace" or "<1 %" asbestos by are considered positive in this report. One sample of exterior stucco was point counted and analytical results revealed the sample to be below <0.7 4325 Furlong Place, Vernon CA SAMPLE MATERIAL TYPE SAMPLE LOCATION ASBESTOS FRIABLE QUANTITY NO 12" White Floor Tile CONTENT N/A 4325-1 Dining Room ND N/A Over Vinyl Sheet Flooring &Mastic 4325-2 12" White Floor Tile Laundry Room ND Over Vinyl Sheet Floorin &Mastic 4325-3 12" White Floor Tile Bedroom No #1 ND Over Vinyl Sheet Floorin &Mastic 4325-4 Smooth Plaster Walls & Bathroom ND N/n N/n Ceilin s 4325-5 Smooth Plaster Walls & Bathroom I ND Ceilings ~ (~ 4325-6 Smooth Plaster Walls & Bathroom ND Ceilings ( 4325-7 Exterior Stucco I Exterior —East Side ND 4325-8 Exterior Stucco ~ Exterior —North East ~ ND 4325-9 Exterior Stucco Exterior —North Side Finish Coat — <1 Chrysotile *Samples #9 Was Base Coat — ND Poi~~t Counted. Analytical Results were <0.1 4325-70 Exterior Stucco ( Exterior— West Side ND 4325-11 Exterior Stucco Exterior — Soutf~ Side N D All material quantities reported herein are a rough order of magnitude estimates and should not be used for bidding purposes. All contractors are responsihle for accurately determining quantities and locations of materials identified in this report 4325 Furlong Place, Vernon California August 10, 2017 Limited Hazardous Material Survey Report Page - 12 4.2 LEAD BASED PAINT XRF RESULTS The following lists the location, paint type (color), substrate, total lead content, condition and estimated total quantity for each lead-based paint/material identified in each building. LOCATION COMPONENT Sink COLOR White SUBSTRATE Ceramic the XRF R~~~IN~S (m /cmZ) 4.6 QUANTITY 1 Sink Bathroom Bathroom Sink Counter Pink Ceramic the 4.7 27 SF Bathroom Floor Pink Ceramic the 8.4 81 SF Bathroom Base Cove Blue Ceramic the 7.2 36 LF Bathroom Shower Wall Pink Ceramic the 8.7 152 SF Bathroom Shower Floor White Ceramic the 4.8 27 SF Bathroom Bathtub White Ceramic the 7.5 1 Bathtub Kitchen Counter Top Yellow Ceramic the 9.4 Counter Top Kitchen To Yellow Ceramic the 9.1 9 SF Exterior Portico White Wood 2.7 Entrance Exterior Portico Ceiling White Wood 0.82 Entrance VES obtained a total of 49 representative test readings (including calibration readings) from the subject property. VES's XRF results revealed the presence of lead in quantities greater than or equal to 0.7 mg/cm2 in 10 XRF shots of the tests. For the purpose of this report "Side A" will be the north side of the building, structure, or room. XRF Readings - 4325 Furlong Place, Vernon CA No # Side Room Component Substrate Cond: Color Lead m /cm2 Result 175 *** **** Shutter Cal **** **** **** **** **** 176 Cal **** Cal Cal Cal Yellow 2.3 Positive 177 Cal **** Cal Cal Cal Yellow 1.8 Positive 178 Cal **** Cal Cal Cal Yellow 2.1 Positive 179 A Livin Rm Wall Plaster Intact White 0.08 Ne ative 180 C Livin Rm Lower Wall Plaster Intact White 0.23 Ne ative 181 B Livin Rm Wall Plaster Intact White 0.11 Ne ative 182 D Livin Rm Ceilin Plaster Intact White 0.01 Ne ative 183 D Livin Rm Window Wood Intact White 0.05 Ne ative 184 A BDR 2 U er Wall Plaster Intact White 0.11 Ne ative 185 B BDR 2 Wall Plaster Intact White 0.06 Ne ative 186 C BDR 2 Lower Wall Plaster Intact White 0.31 Ne ative 187 D BDR 2 Ceilin Plaster Intact White 0.11 Ne ative 188 A Hall Lower Wall Plaster Intact White 0.22 Ne ative 189 B Hall Wall Plaster Intact White 0.14 Ne ative 190 C Hall Wall Plaster Intact White 0.06 Ne ative 197 A Bathroom Sink Ceramic Tile Intact White 4.6 Positive 792 A Bathroom Sink Counter Ceramic Tile Intact Pink 4.T Positive 193 B Bathroom Floor Ceramic Tile Intact Pink 8.4 Positive 4325 Furlong Place, Vernon, California August 10, 2017 Limited Hazardous Material Survey Report Page - 13 No # Side Room Component Substrate Cond: Color Lead m /cm2 Result 794 C Bathroom Base Cove Ceramic Tile Intact Blue 7.2 Positive 795 A Bathroom Shower Wall Ceramic Tile Intact Pink 8.1 Positive 796 D Bathroom Shower Floor Ceramic Tile Intact White 4.8 Positive 197 A Bathroom Bathtub Ceramic Tile Intact White 7.5 Positive 198 B BDR 1 U er Wall Plaster Intact White 0.12 Ne ative 199 D BDR 1 Lower Wall Plaster Intact White 0.18 Ne ative 200 A BDR 1 Wall Plaster Intact White 0.04 Ne ative 201 B BDR 1 Ceilin Plaster Intact White 0.09 Ne ative 202 C Kitchen U er Wall Plaster Intact White 0.21 Ne ative 203 C Kitchen Cabinet Wood Intact White Null Ne ative 204 B Kitchen Door Jamb wood Intact White 0.02 Ne ative 205 C Kitchen Counter To Ceramic Tile Intact Yellow 9.~ Positive 206 A Kitchen Counter To Ceramic Tile Intact Yellow 9.7 Positive 207 A Dinin Wall Plaster Intact White 0.13 Ne ative 208 B Dinin Wall Plaster Intact White 0.11 Ne ative 209 C Dinin Wall Plaster Intact White 0.18 Ne ative 210 D Dinin Ceilin Plaster Intact White 0.23 Ne ative 211 A Exterior Lower Wall Stucco Intact Blue 0.01 Ne ative 212 B Exterior Wall Stucco Intact Blue 0.12 Ne ative 213 C Exterior U er Wall Stucco Intact Blue 0.07 Ne ative 214 D Exterior Lower Wall Stucco Intact Blue 0.06 Ne ative 275 B Portico Entrance Wood Intact White 2.7 Positive 216 B Portico Ceilin Wood Intact White 0.82 Positive 217 C Exterior Soffit Wood Intact White 0.23 Ne ative 218 A Exterior Fascia Wood Intact White 0.29 Ne ative 219 C Exterior Downs out Wood Intact White 0.8 Ne ative 220 C Exterior Door Wood Intact White 7.9 Ne ative 221 Cal **** Cal Cal Cal Yellow 2.4 Positive 222 Cal **** Cal Cal Cal Yellow 2.1 Positive 223 Cal **** Cal Cal Cal Yellow 2.8 Positive For the purpose of this survey, and in accordance with Title 8 CCR, Section 1532.1 and Title 17 of the California Code of Regulations (17 CCR) Section 35001 and The County of Los Angeles the sampling results were interpreted as follows. A. Lead-based paints/lead-bearing paints were determined to be present when bulk samples revealed a lead concentration of 5000 mg/kg (ppm) or when XRF results revealed a concentration of >0.7 milligrams per square centimeter (mg/cm2). B. Positive results (lead detected) were determined when bulk samples revealed a lead concentration of <5000 mg/kg (ppm) down to the analytical detection limit of the testing or when XRF measurements were <0.7 milligrams per square centimeter (mg/cm2) down to the detection limit of the measurements. 4325 Furlong Place, Vernon, California August 10, 2017 Limited Hazardous Material Survey Report Page - 14 C. "No Lead Detected" (LOD) was determined when bulk sample results or XRF measurements did not reveal a lead concentration above the analytical detection limit of the analytical or measurement technologies. Specific XRF results for each of the tests performed and drawings of the building showing the floor plan of the building and the "Side" where the XRF tests were collected are provided in the Attachment B and C. 5. CONCLUSIONS AND RECOMMENDATIONS 5.1 ASBESTOS CONCLUSIONS Three presumed asbestos cement pipes were identified in the subject property. Asbestos cement pipes are located in the attic space and are behind the bedrooms, dining, and laundry room. These materials are non-friable and are in good condition and may be managed in place under asite-specific Operations and Maintenance Program. If the identified asbestos-containing materials are to be removed in the future, this work is required to be performed by a State of California licensed asbestos abatement contractor. Areas that required demolition were not accessed. If hidden suspect ACM are identified that were not previously sampled, these materials are required to be sampled prior to disturbance. 5.2 ASBESTOS RECOMMENDATIONS The following federal, state, and local regulations require that if the identified presumed ACM asbestos cement pipes are removed from the subject property located at 4325 Furlong Place, Vernon, California prior to demolition or renovation activities that written notification be provided to contractors and other effected parties. Prior to activities which will disturb identified or assumed ACM, or ACCM a Cal/OSHA registered and California asbestos contractor must be utilized for abatement of ACM, or ACCM that will be impacted. 2. Materials encountered in the subject property that are not part of this survey report must be properly sampled for the content of asbestos or assumed to be asbestos containing prior to any disturbance. 3. Removal of >100 square feet of identified or suspect asbestos-containing materials or materials that could be impacted requires a written notification to South Coast Air Quality Management District (SCAQMD) 14 working days prior to the demolition of any structure and that all friable and non-friable ACM be removed prior to demolition by a State of California licensed asbestos abatement contractor. Cal/OSHA requires notification in writing at least 24 hours prior to the initiation of such activities, and obtaining the appropriate Los Angeles Fire Department (LAFD) permit. 4. The California Health and Safety Code Chapter 10.4 requires that for any demolition the owner of a commercial or industrial building provide written notice to their employees, tenants, and contractors about the presence of asbestos in the building within 15 days of receipt of such knowledge. Any contractor that receives such notice is required to provide a copy to each of its employees. Notification to employees and contractors working within the buildings should be made in accordance with the California Health and Safety Code, Section 25915 et. sep. and Proposition 65. 4325 Furlong Place, Vernon, California August 10, 2017 Limited Hazardous Material Survey Report Page - 15 5. Notification to employees and contractors working within the subject property should be notified in accordance with the California Health and Safety Code, Section 25915 et. seq. and Proposition 65. NOTE: Other asbestos related and non-asbestos related regulations apply to site demolitions. 5.3 LEAD BASED PAINT CONCLUSIONS All identified lead-based paint was found to be in intact condition any damaged lead-based paint should be repaired (stabilized) or removed in order to eliminate the possibility of lead contamination. All lead based paint stabilization or removal work should be performed by a licensed lead abatement contractor. It is our understanding that the subject property may be renovated. Prior to renovation or demolition activities, a review of building components known to contain lead based paint should be assessed to confirm if they remain intact. The extent of paint film stabilization required should be evaluated prior to renovation or demolition activities and included in any specifications. All lead based paint stabilization or removal work should be performed by a licensed lead abatement contractor. 5.4 LEAD BAS~~ SAINT RECOMMENDATIONS Current regulations do not require the removal of lead based paints prior to demolition or renovation activities as long as the paint is maintained in good and tightly adhered condition. However, if the demolition or renovation activities require sanding, grinding, or torch cutting of these paints, then the lead-based paint is required to be removed prior to these activities. All contractors should be informed of all locations of lead-based paint, whether in good or poor condition, prior to the start of any work within the interior or exterior of the building. 6. LINII`~~~I~IV Velasco Environmental Services LLC (VES). warrants that our services are performed within, the limits prescribed by our clients, with the usual thoroughness and competence of the engineering profession. Opinions and recommendations presented herein apply to site conditions at the time of our investigation and those reasonably foreseeable, they cannot necessarily apply to site changes of which this office is not aware and has not had the opportunity to evaluate. The survey performed was limited to accessible, hazardous materials and the testing of representative areas. Subsurface investigations were not included as part of this investigation, nor were areas outside of the specific areas identified in this scope of work. If materials having characteristics in common with those identified in this report or if other forms of suspect asbestos-containing materials are discovered during work activities, maintenance personnel and/or contractors should be instructed to immediately cease work activities which may initiate an exposure episode, and notify the appropriate management personnel. 4325 Furlong Place, Vernon, California August 10, 2017 Limited Hazardous Material Survey Report Page - 16 The asbestos survey performed was not intrusive and did not include access and sampling of areas which required reasonable demolition to access as required by SCAQMD Rule 1403. Not all wall voids, plenums, and crawl spaces were accessed during this survey. Quantities and locations are based upon areas that were accessed. Materials similar to those in this report may be present in areas which were not accessed. Subsurface areas were not part of this survey. If you have any questions concerning the information within this report, please contact VES LLC at 323.825.3096. On behalf of Velasco Environmental Services LLC we wish to thank you for choosing VES and the opportunity to be of service. Sincerely, VELASCO ENVIRONMENTAL SERVICES LLC Edwin Velasco Program Director DOSH -Certified Asbestos Consultant #07-4193 CDPH -Certified Inspector Assessor/Project Monitor #21830 Attachment A —Laboratory Certificate of Analysis Attachment B —Drawing and Sample Locations Attachment C —Photographs Attachment D —Consultant Certifications & CDPH Form 8552 4325 Furlong Place, Vernon, California August 10, 2017 Limited Hazardous Material Survey Report Page - 17 ATTACHMENT A LABORATORY CERTIFICATES OF ANALYSIS 4325 Furlong Place, Vernon, California August 10, 2017 Limited Hazardous Material Survey Report Page - 18 LA Testing 520 Mission Street South Pasadena, CA 91030 TESTINQ TeUFax: (323) 254-9960 / (323) 254-9982 http://www.LATesting.com / pasadenalab@latesting.com Attention: Edwin Velasco LA Testing Order: 321718673 Customer ID: 32VELA78 Customer PO: Project ID: Phone: Velasco Environmental Services, LLC Fax: (323) 547-7655 2129 East Cesar Chavez Avenue Received Date: 08/07/2017 3:05 PM Suite 3 Analysis Date: 08/08/2017 Los Angeles, CA 90033 Collected Date: 08/07/2017 Project: HM17-5013/4325 Furlong Place,Vernon,CA Test Reporf: Asbestos Analysis of Bulk Materials via EPA 600/R-93/776 Method using Polarized Light Microscopy Non-Asbestos Asbestos Sample Description Appearance %Fibrous %Non-Fibrous %Type 4325-1-Vinyl Floor Tile-1 Kitchen area - 12" White 100% Non-fibrous (Other) None Detected VFT over VSF/mastic Non-Fibrous 321718673-0001 Homogeneous 4325-1-Mastic-1 Kitchen area - 12" Clear 100% Non-fibrous (Other) None Detected VFT over VSF/mastic Non-Fibrous 321718673-000lA Homogeneous 4325-1-Vinyl Floor Tile-2 Kitchen area - 12" Beige 100% Non-fibrous (Other) None Detected VFT over VSF/mastic Non-Fibrous 321718673.00018 Homogeneous 4325-1-Mastic-2 Kitchen area - 12" Clear 100% Non-fibrous (Other) None Detected VFT over VSF/mastic Non-Fibrous 321718673-0001C Homogeneous 4325-2-Floor Tile-1 Kitchen area - 12" White 100% Non-fibrous (Other) None Detected VFT over VSF/mastic Non-Fibrous 321718673-0002 Homogeneous 4325-2-Mastic-1 Kitchen area - 12" Clear 100% Non-fibrous (Other) None Detected VFT over VSF/mastic Non-Fibrous 321718673-0002A Homogeneous 4325-2-Floor Tile-2 Kitchen area - 12" White/Yellow 100% Non-fibrous (Other) None Detected VFT over VSF/mastic Non-Fibrous 321718673-00028 Homogeneous 4325-2-Mastic-2 Kitchen area - 12" Clear 100% Non-fibrous (Other) None Detected VFT over VSFJmastic Non-Fibrous 321718673-0002C Homogeneous 4325-2-Sheet Flooring Kitchen area - 12" Gray/Beige 20%Cellulose 75%Non-fibrous (Other) None Detected VFT over VSF/mastic Fibrous 5% Synthetic 321718673-0002D Heterogeneous 4325-2-Mastic Kitchen area - 12" Yellow 100% Non-fibrous (Other) None Detected VFT over VSF/mastic Non-Fibrous 32!718673-0002E Homogeneous 4325-3-VFT 1 Laundry room - 12" White 100% Non-fibrous (Other} None Detected VFT over VSF/mastic Non-Fibrous 321718673-0003 Homogeneous 4325-3-Mastic 1 Laundry room - 12" Yellow 100% Non-fibrous (Other) None Detected VFT over VSF/mastic Non-Fibrous 321718673-0003A Homogeneous 4325-3-VFT 2 Laundry room - 12" White 100% Non-fibrous (Other) None Detected VFT over VSF/mastic Non-Fibrous 32 1 71 86 73-00038 Homogeneous 4325-3-Mastic 2 Laundry room - 12" Yellow 100% Non-fibrous (Other) None Detected VFT over VSF/mastic Non-Fibrous 321718673-0003C Homogeneous 4325-4-Finish Coat Kitchen -Smooth White 100% Non-fibrous (Other) None Detected plaster walls/ceilings Non-Fibrous 3 2 1 718 6 73-0004 Homogeneous 4325-4-Base Coat Kitchen -Smooth Gray 100% Non-fibrous (Other) None Detected plaster walls/ceilings Non-Fibrous 321718673-0004A Homogeneous Initial report from: 08/08/2017 13:48:09 ASB_PLM_0008_0001 - 7.78 Printed: 8/8/2017 1:50 PM Page 1 of 2 LA Testing LA Testing Order: 321718673 Customer ID: 32VELA78 520 Mission Street South Pasadena, CA 91030 TESTING Tel/Fax: (323) 254-9960 ! (323) 254-9982 Customer PO: http:!/www.LATesting.com / pasadenalab@latesting.com Project ID: Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/776 Method using Polarized Light Microscopy Non-Asbestos Asbestos Sample Description Appearance °/a Fibrous %Non-Fibrous %Type 4325-5-Finish Coat Bathroom -Smooth White 100% Non-fibrous (Other) None Detected plaster walls/ceilings Non-Fibrous 321718673.0005 Homogeneous 4325-5-Base Coat Bathroom -Smooth Gray 100% Non-fibrous (Other) None Detected plaster walls/ceilings Non-Fibrous 32f718673.0005A Homogeneous 4325-6-Finish Coat Bedroom #1 -Smooth White 100% Non-fibrous (Other) None Detected plaster walls/ceilings Non-Fibrous 321718673.0006 Homogeneous 4325-6-Base Coat Bedroom #1 -Smooth Gray 100% Non-fibrous (Other) None Detected plaster walls/ceilings Non-Fibrous 321718673-0006A Homogeneous 4325-7 Ext:Northside - Gray 100% Non-fibrous (Other) None Detected Exterior stucco Non-Fibrous 321718673.0007 Homogeneous 4325-8-Finish Coat Ext:Eastside -Exterior Gray 100% Non-fibrous (Other) None Detected stucco Non-Fibrous 321718673.0008 Homogeneous 4325-8-Base Coat Ext:Eastside -Exterior Tan 100% Non-fibrous (Other) None Detected stucco Non-Fibrous 321718673-0008A Homogeneous 4325-9-Finish Coat Ext:Southeast - Beige 100% Non-fibrous (Other) <1 % Chrysotile Exterior stucco Non-Fibrous 321718673-0009 Homogeneous 4325-9-Base Coat Ext:Southeast - Gray 100% Non-fibrous (Other} None Detected Exterior stucco Non-Fibrous 321718673-0009A Homogeneous 4325-10-Finish Coat Ext:Southside - Beige 100% Non-fibrous (Other) None Detected Exterior stucco Non-Fibrous 321718673-0010 Homogeneous 4325-10-Base Coat Ext:Southside - Gray 100% Non-fibrous (Other) None Detected Exterior stucco Non-Fibrous 321718673-0010A Homogeneous 4325-11-Finish Coat Ext:Westside - Beige 100% Non-fibrous (Other) None Detected Exterior stucco Non-Fibrous 321718673-0011 Homogeneous 4325-11-Base Coat Ext:Westside - Gray 100% Non-fibrous (Other} None Detected Exterior stucco Non-Fibrous 321718673-0011A Homogeneous Analysts) Humberto Espinoza (19) Nahid Motamedi (10) Jerry Drapala Ph.D, Laboratory Manager or Other Approved Signatory EMSL maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced, except in full, without written approval by EMSL. EMSL bears no responsibility for sample collection activities or analytical method limitations. Interpretation and use of test results are the responsibility of the client. This report must not be used by the client to claim product certification, approval, or endorsement by NVLAP, NIST or any agency of the federal government. Non-friable organically bound materials present a problem matrix and therefore EMSL recommends gravimetric reduction prior to analysis. Samples received in good condition unless othervvise noted. Estimated accuracy, precision and uncertainty data available upon request. Unless requested by the client, building materials manufactured with multiple layers (i.e. linoleum, wallboard, etc.) are reported as a single sample. Reporting limit is 1% Samples analyzed by LA Testing South Pasadena, CA NVLAP Lab Code 200232-0, CA ELAP 2283 Initial report from: 08/08/2017 13:48:09 ASB_PLM_0008_0009 - 1.78 Printed: 8/8/2017 1:50 PM Page 2 of 2 Asbestos Bulk Sample Log as2~ F Cesar avez Ave Suite No #3~ Los Anc~e es CA 90033-r800 Client: CITY OF VERNON Address: 4335 FURLONG PLACE, VERNON CA Building Name: RESIDENTIAL Collected By: EDWIN VELASCO (323) 825-3og6 /Pax [x37 g25-3099 oats samptea: _~ 7 ~ Ze r ~- Site Name: ~~Q (~ QNT Projec#Number: HM17-5013 Cert: CSSTrCAG #: 07-4193 . z 'f ~ i~ . - ~ ~ _ - .- .- -- _ ~. - • ~ ~ . '' f .. ,-r ~ ~ .= .. ~~ .~~ ~~~ ~ . ~ ~~~ LI I I ~ ,~.~tLILIl ~. ~. ,~.■~''. ._ ~ f.. ~r ~i. ~ , ~'.■~. r \ ~ r~■~ ■ ■ Com 1. ~--~" Sig f re 2. Signature ~ 3. Signature CAC #07-4193 Title Title Title 8 ~ ~ ~~r Inclu ~ve Dates ln~lus~fe Dates !nclus~ve dates jTe~ascc~ Env~ronmenta~ Ser~~ces PAGE ~ of OrderID: 321718762 _. 1 71 8~ $ 2Harms, Bred ett ~ 3 2 From: Edwyn Velasco <edwin@velascoenv.com> Sent: Tuesday, August 08, 2017 5:00 PM To: Motamedi, Nahid; LA Testing Lab -Pasadena Cc: Velasco, Felix Subject: Re: LA Testing report, COC for orders) 321718673 (321718673 - HM17-5013/4325 Furlong Place,Vernon,CA) We are requesting a 24hr TAT, PLM of 1,000 Point Count for 4325 Furlong Pl, Sample no# 9. Should you have any quetions feel free to call or email me. Have a great day &will be in touch. Edwin Velasco CAC, REA, CMI, CDPH IA/Pl'VI Velasco Environmental Services LLC Sent from Galaxy S6 On Aug 8, 2017 13:58, "LA Testing (South Pasadena)" <pasadenalab(a~latestin~ com> wrote: Report, COC for orders}: 321718673 - HM17-5013/4325 Fuxlong Place,Vernon,CA Nahid Motamedi ~ Microscopist LA T@Sting ~ 520 Mission Strest ~ Pasadena, CA 91030 Phone: 323-254-8960 ~ Fax: 323-254-99~ ~ Toli Free: 800-303-0047 ~~~ Lab Hours: Morxiay -Friday 8AM - 6PM, Saturday 9AM - 5PM, Sunday On-Cali Same of the resources LATesting, inc. offiers to our clients: IABConnect ~ Order Products ~ Cilent Comer ~ r i in ~ Additional Resources ~ Sampling Videos 'This email may contain pmiilegeri and confidential information and is solely for tt~8 use of the sender's intender! ~ecipient(s). if you are not the (mended recipient of this communication, you are hereby notlfled that any unauthorized review, uae, dissemination, distribution, downloading, or copying of th{a communication is strictly prohibited. If you received this email in error, please notify the sender by reply email and delete all copies and attachments. Thank you.' Page 1 Of 3 LA Testing 520 Mission Street South Pasadena, CA 91030 ~ST~H~ Phone/Fax: (323) 254-9960 / (323) 254-9982 http://www.LATesting.com / pasadenalab@latesting.com LA Testing Order: 321718762 Customer ID: 32VELA78 Customer PO: Project ID: --- Attention: Edwin Velasco Phone: Velasco Environmental Services, LLC Fax: (323) 547-7655 2129 East Cesar Chavez Avenue Received: 08/08/2017 5:00 PM Suite 3 Analysis Date: 08/09/2017 Los Angeles, CA 90033 Collected: Project: Re-analysis 321718673 / HM17-5013/4325 Furlong Place,Vernon,CA Sample Test Report: Asbestos Analysis of Bulk Material via EPA 600/R-93/116. Quantitation using the 1,000 Point Count Procedure Description Appearance Fibrous Non-Asbestos Asbestos Non-Fibrous %Type 4325-9 Ext southeast exterior Gray/Tan 100% Non-fibrous (Other) <0.1%Chrysotile 321718762-0001 stucco -Finish coat Non-Fibrous Homogeneous Analysts) Guillermo Hernandez (7) Jerry Drapala Ph.D, Laboratory Manager or other approved signatory Some samples may contain asbestos fibers present in dimensions below PLM resolution Iimits.The limit of detection as stated in the method is 0.1 %. EMSLAnalytical Inc suggests that samples reported as <0.1 % or none detected undergo additional analysis via TEM . The above test report relates only to the items tested. This report may not be reproduced, except in full, without written approval EMSLAnalytical Inc. This test report must not be used by the client to claim product endorsement by NVLAP or any agency of the United States Government . EMSLAnalytical Inc. bears no responsibility for sample collection activities, analytical method limitations, or the accuracy of results when requested to separate layered samples. EMSL Analytical Inc liability is limited to the cost of sample analysis.The test results contained within this report meet the requirements of NELAC unless otherwise noted. Samples received in good condition unless otherwise noted. Unless requested by the client, building materials manufactured with multiple layers (i.e. linoleum, wallboard, etc.) are reported as a single sample. Samples analyzed by LA Testing South Pasadena, CA NVIAP Lab Code 200232-0, CA ELAP 2283 Initial report from: 08/09/2017 17:20:08 ASB_PLMPC_0006_0003 Printed 8/9/2017 5:20:13PM Page 1 of 1 ATTACHMENT B DRAWINGS AND SAMPLE LOCATIONS 4325 Furlong Place, Vernon, California August 10, 2017 Limited Hazardous Material Survey Report Page - 19 ATTACHMENT C PHOTOGRAPHS 4325 Furlong Place, Vernon, California August 10, 2017 Limited Hazardous Material Survey Report Page - 20 PH01 aGRA~{=» 1. Concrete Slab Underneath Carpet. 3. Lead Based Pink &Blue Ceramic Tile &Sink ail ~, a _. ~s~t " >, .~~: ~--5. Lead Based Paint Shower Walls &Floor. 4325 Furlong Place, Vernon, California Limited Hazardous Material Survey Report 2. Presumed Asbestos Cement Pipe (Attic Space). 4. Lead Based Tile and Bathtub. 6. Lead Based Floor the and Base Cove. August 10, 2017 Page - 21 PHOTOGRAPHS ~t ~~-:.:: 7. Lead Based Ceramic Tile Kifichen Sink & Counfer 9. Presumed Asbestos Cement Pipe Attic Space. 11. Presumed Asbestos Cement Pipe Attic Space. 8. Lead Based Ceramic Tile Kitchen Counfer 10. Presumed Asbestos Cement Pipe Attic Space. 12. Lead Based Paint on Portico Ceiling Entrance. 4325 Furlong Place, Vernon, California August 10, 2017 Limited Hazardous Material Survey Report Page - 22 ATTACHMENT D CONSULTANT CERTIFICATIONS & CDPH FORM 8552 4325 Furlong Place, Vernon, California August 10, 2017 Limited Hazardous Material Survey Report Page - 23 STATE OF CALIFORNIA Edmund G. Brown, Jr. Governor DEPARTMENT OF II~'DUSTRIAL RELATIONS Division of Occupational Safety and Health Asbestos Unit 2424 Arden Way, Suite 495 Sacramento, CA 9825-2417 (9l6) 574-2993 Office {916) 483-0572 Fa~c ` http://~v~rtiv.dir.ca.@ov/dirdatabases.html actu^u-.dir.ca.sov 7Q3214193C 302 Velasco Environmental Services May 04, 2017 Edwin Velasco 2129 E Cesar Chavez Ave., #3 los Angeles CA 90033-1800 Dear Certified Asbestos Consultant or Technician: Enclosed is your certification card. To maintain your certification, you must abide by the rules printed on the back of the certification card. Your certification is valid for a period of one year. If you wish to renew your certification, you must apply for renewal at least 60 days before the expiration date shown on your card. Please hold and do not send copies of your required AHERA refresher renewal certificates to our office until you apply for renewal of your certification. Certificates must be kept current if you are actively working as a CAC or CSST. The grace period is on~y for those who are not actively working as an asbestos consultant or site surveillance technician. Please contact our office at the above address, fax number or email; of any changes in your contactlmaifing information within 15 days of the change. Si erely, -~ ` ~`'v Jeff errell Senior Safety Engineer Attachment: Certification Card cc: File Renewal —Card Attached (Revised 10/24/2012) State of California Division of Occupational Safety and Health CertffEed Asbestos Consultant ~~: Edwin V °F.Ty Ce P ~ S3 ~, ~ ` ; rz ,~ ' - o~ Exp This ~ Ivisbn of O~Pa autbor'¢sd by Sectlona elness end Pro(esslo~s Code. `~ --- Mr. Edwin Velasco 2129 East Cesar Chavez Avenue, #3 Los Angeles, California 90033-1800 State of California Department of Public Health s..:. ~;..::.:._ COfibti'Urt=_- Cert fnspector~Assessor 1113012017 P~ject ~Aonitor 11!3012017 Edwin Velascag. ~ ` ~ is #: 27830 C O A P O R a T I O N Mr. Edwin Velasco April 25, 2002 Earth Tech Inc. 100 West Broadway, Suite 240 Long Beach, CA 90802 Dear Mr. Velasco: Congratulations on successfully completing the Manufacturer's Training Course for NITON's portable Spectrum Analyzer instruments. We admire your effort in completing this course and are enclosing your Certificate. This certifies you in radiation safety and monitoring, measurement technology, and machine maintenance of the NITON XRF Spectrum Analyzer. Now you can join the professionals who are turning to on-site technologies for the measurement of metals in lead-based paint, soil, air, and coatings as well as alloy identification. These technologies offer huge savings in measurement time and cost over conventional methods. At the same time, they have become widely accepted for regulatory accreditation and support. • EPA lead program accepts XRF for lead paint testing, and verifies performance via "Performance Characteristics Sheets". • The EPA lead program had implemented a full accreditation program for on-site lead analysis in soil, dust and paint. • EPA/HUD Method 6200 is published for analysis of contaminants in soils and sediment using field portable X-Ray Fluorescence (XRF). • NIOSH Method 7702 is published for on-site analysis of filters used for the measurement of airborne lead levels for worker exposure, using portable XRF. NITON is the leading manufacturer of portable XRF analyzers for contaminant analysis. Instruments can be configured for nearly any application, including lead paint analysis, RCR.A metal analysis for soils, coatings and contaminants in air. And readings take as little as a few seconds. For most applications, results meet laboratory-level accuracy standards. For "project oriented" companies, NITON even offers an attractive rental program. Every NITON XRF can be upgraded to keep pace with the changes in your business. Please callus today to discuss your measurement needs. Our trained, technical staff will help you identify on-site testing methods to save you time and money. On-site analysis also greatly speeds the inspection and clearance process for remediation projects. We'll develop an instrument package that solves ,your problems. And we'1! schedule and on-site demonstration at your convenience. Please catl us for further information, or visit our web site at www.niton.com. We are convnitted to solving your measurement needs. Best regards, G~ Victoria Grzybinski Training Coordinator 900 Middlesex Turnpike, Building 8 ~ Billerica, MA Ol 821-3926 USA Tel: 978-670-7460 • 800-875-1578 •Fax: 978-670-7430 • www.niton.com •email: xrf@niton.com State of California—Health and Human Services Agency LEAD HAZARD ~~lALUATION RE~~~~~ Section 1 —Date of Lead Hazard Evaluation 8n/20~ z Section 2 —Type of Lead Hazard Evaluation (Check one box only) Lj Lead Inspection U Risk assessment ~j Clearance Inspection U Other (specify) California Department of Public Health Section 3 —Structure Where Lead Hazard Evaluation Was Conducted---- - - - - -- ------ - ------- - - -Address [number, street, apartment (if applicable)] City County ;Zip Code 4325 FURLONG PLACE ~ VERNON LA COUNTY 90058 --- _-- -- ----T-------- ~- - ------- --- -- -- --- -- --- -Construction date (year) I Type of structure ~ Children Nving in structure? of structure ~' Multi-unit building [—] School or daycare j Q Yes ~ No UNKNOWN I ~ Singie family dwelling ❑Other ~ Don't Know Section 4 —Owner of Structure (if business/agency, list contact person) Name CITY OF VERNON Address [number, street, apartment (if applicable)] ~ City 4305 S. SANTA FE AVE ': VERNON Telephone number j (323} 583-8811 State 'Zip Code CA , 90058 Section 5 —Results of Lead Hazard Evaluation (check a!I that apply) C No lead-based paint detected ~ Intact lead-based paint detected ~ Deteriorated lead-based paint detected No lead hazards detected ❑Lead-contaminated dust found ❑Lead-contaminated soil found ~ Other __~__ __ _ _ ._ Section 6 —Individual Conducting Lead Hazard Evaluation Name ~ Telephone number EDWIN VELASCO 323-825-3096 Address [number, street, apartment (ff applicable)] ~ City State Zip Code 2129 E. CESAR CHAVEZ AVE #3 i LOS ANGELES CA j 90033 CDPH certification number Signature ~„,,,~>g„~,,t,,~,w„,,,~,X„ !Date 21830 DN: ; n=Fdwin Velauo, o=VEi l:C ou. emaikedwnarekscoenvtom r-US oaeP~on.os.ts~~o3asd~oo' ! 5/18/2017 Name and CDPH certification number of any other individuals conducting sampling or testing (if applicable) N/A Section 7 —Attachments A. A foundation diagram or sketch of the structure indicating the specifc locations of each lead hazard or presence of lead-based paint; B. Each testing method, device, and sampling procedure used; C. Ail data collected, including quality control data. laboratory results, including laboratory name, address, and phone number. First copy and attachments retained by inspector Second copy and attachments retained by owner CDPH 8552 (6/Ol} Third copy only (no attachments) mailed or faxed to: California Department of Public Health Childhood Lead Poisoning Prevention Branch Reports 850 Marina Bay Parkway, Building P, Third Floor Richmond, CA 94804-6403 Fax: (510) 620-5656 SYMBOLS SCOPE OF WORK sEcnar~aauNc~ F;~u oErx~n ~ ~M~iern wae~oescr~art eoiooaoFoosn+csNcxFFµar~o►+~~Fuaaic~ ~~~ sr~rw~Fourn s~~a+~w~u~ a~vw°" ~ OEUL M~BEIt ~ SPOT BFVAl10l1 000 SFIfffNAB~E FIXM Ot l~YNOh ~ 81D6.HFVAT10N 00 OETALtµBHt ~ WIl1 TYPE SFffTIMBiEPo1~D MIC/1TOR ~ WUIBiGPoDIIE OETAL " OETKMI16Hi ~K~ ~~~ ~~ onus ~ ~~ ~~ BUILDING CODE ~u~~ nis Pao,~cr suu o0►~tr xmr nE: ~t6 ~ ~~ ~~ ~~R~~~~1~) ELECTRICAL NOTES 1. AHC FAULTCRCUTPROTEC710NAT lOCAiIONS SPEC~EDN2f0.12 W1710NAL HECIttIC CODESfNLL BE PROND~ATEACN O'NHLN0. CALFORN~HECfPob1L C00E (CEC) CMi0R1i~ EtENG! CAGE (CBJf.) Z. GIEOI/O FILLLTPkDiECT10N SlULLL BE Mi0N0~ATALLIOGiIONS ~~~~~~~~) SPECFED N tIO.E NEC AT EA410WE11lp. ~~~•~ ~ ~""~~""~~"`~~"~~"~~N~' ~. BUILDING CODE LEGEND OCCIAANCY GROIP_... ~~3.0 S. NSTALL IOOORLKiifMGS!#1f OFF CONTROLS PER t30.1 (C~CALFORliA OESCRPIION OFIS~__ @6KIY000E .._ __JiES~E1ffVJ. 7YPE OF OONSTl41CTION__. _--_'-VA '~°""°---- ----'" PROJECT CONTACT INFORMATION ~~,~, ~~: ~~ ADDRESS: 13065 SNRAFE AVE V@tNOf(G90058 PFiOfE: ~23.563d6N~01! E-W\l' FVBA°~CO~GG.VEWIOtLGUS SHEEETINDEX ~~~~ A-0D COM9t SFfffISfIE PUW A-0.i IJ4IRNLOfM.OEUD PLAN/PROPOS~PIAN/MQ~IOR HEVA710N3 A-02 43tI Fl130NG PitOPOSED RGPIIXTHtgREIEVAiIONS A,2.0 OEUl3 A-21 OETAl9 ~U_p\~~~ N <~ ~y ~ P, f f N0. 56356 f Eai. 3-Jt-19 ~ SrvF av,~ ~.s a u~~t DES~Gr:ED. ruSCO ~PRovEo. CIiY OF VERNON CONTRACT No HouSir~G PUBLIC WORKS DEPaRTr.~ENT CS-0849 DL~xv vEUSCO CHECKED: RErn050 CML Q:G:+:EER ~:0 56156 A - O . O COVER SHEET/SITE PLAN SHEET ~ OF 5 H2~~ ~ FEVMEo. wu~ pntE~ CONTRACT SHEET N0. 1 I~1lMf ~ ~ ~, ENLARGED KITCHEN PLAN Scab 1rI'= 1.-0. nENLARGED BATHROOM PLAN Sob 17 ~ 1'-0' 4321 FURLONG REmooE~ I -■' Y ~ ~~ ~o ~il . -. ~~~ ~~ - r ~ ~~ 1 M2 nPROPOSED PLAN Scak i:a~ • t'-0' §9 ~~ ~ i TI y +~ > ~pB✓ 1./ L 1 T V ~ - -b b \ ~ ~ ~ x x ~r sae C D ~; „~ e KI~TCH EN ELEVATIONS ~ 7 t .i ,• e i ) a 6 ~ ~----~ C- ~-- L _ J ~+ T t ] J I f 9 I f7 t J 6 A B C• D ~w uv~rarccaumve IOGIgN BATHROOM ELEVATIONS sib ,;.• . , ~.o~ lEEWIL~T~ DEMO PLAN Snk 1/P a 7'~6' 0 IEI YILLL TO REVAIN C = ~ ~e~ ,wuToeeceua~o — ~Ni rein gw+i.mia+o~wrwrrro~v~raaaau~c3 e~ A~,u .~rsa coos ro ~ ~wc~ wm r vxa mh 000i v~ MO rM.l~ iu Y_LS r: o mO.tE /U AV 0(l~nD Af W~B66NO W'~+WS'ECF96V!/R77W1LEOOP.EIE ~6d1A'OI •Bf14Y0071WIE1R/QJN Fi PA'87tiD001EIg00000i .~~~~~~~ Yan~croe[~nawei ;m~of MO f6tAR+~L I~~aoli~ro On910N 1M~cw utr4 CALfi f0 ~ POF9 tt Or~Eli q,u.+mws ro ~ r vm rKe wao aws ;RQSIE 1BNSw N31.W1i~16 M~0YR171➢. PIC+QAi xnrow s~,r aw~~ ~ w.uet r~r~T xenon 0 so-ns rjo ao.~n nnoa. wwa w~o.F e~nrtiea rm ~ YONE?flD. NO 9OMFR Cp4/IttIBrtE b W 1 B H- W MM 4 18pr'o wr ussiw,r~ IfEtuah nEXaoRPoPA 7jYgp.VE 1ut~t'1WR44EEi ~E~BFNE NOG1tENO0(IDO ~won~nwvu KEYNOTES o~, ~o OYWTEF Cl06Ei FLV9I ACTNATOR TO BE OM fME 5AIIE SOE Oi iO{EI AS UY~TpCV T04ET SFAT NFKj(i 11T iT-17Af i. f]b GPF OR LE55 Q7 flBEMiAS4 M EN0.05uRE. ~0' a EP W Ful KKi~T nlF SVfWOUND ~{ ylOYERIE~D AT T7AFF. ❑s rorusco D~p~ov.Esmnraas ~ou.r«+.w~v~rtsvw ~7 ¢gAER ttgTAN R00 AI Nl~ff OY[R/tOR BOTip1 AT q'A~F QToaer ww[x waova ro cn+iemrrt a g5CEN5ER ~T 7f Ai F. ~Tp.1EL BV1Af tl'W[AFF 70'IOfG aRECE55E0 YE1Al YED1GtE G81Ef-lONF57 5lELi AT M WX Ai i. QI NOT InED piNi ro 000a ~,oo+o~e~sTurts ~,Fvas~ori CgMER T~ OR 4BR/~~4V p,s,us~sF ~owo~e~~wu ~onwrerowoav ~onw~Ei000n Qoowu~ re~nweu+c: runur¢s~woae.tTs ~R[fftd~iEfNTpt ~ENFAGY 6T4R1.OER C8CIf9261l6 lON SHEET b0) ~OVEKM/S+E DO' ~NOE. WM1NOt50N TK FAOl1T FADE • VER CBC/t8dd 65(ON bNEET M 0) ~OOIRIE GOVoIVtTYIEM AW 6R14TUEN SNtw OFFSET ORNNt Vdi p5V06~11 ~' G2wTE GOI~(fFAiQP ~IAPfA GDl1E7 ODOR HAL40N MANOlE551W18E ~q~l1tED/SQ06E T071E lOTTOY OF UBNET OOCYt ~5 COSSBIE ~B~SE C~BNE~ DOOM Yt4l50R~W~0a[S S~uI.~BE YOtlITED/lt QO6E TO ilE TOP Of CARNET p00R5 AS P069&E ~FDJVSTAltE 9f1VES W YEIAWME FINSM giplN DISHED ~FlIOS~EOiL00R 51MLL IXiD~O V~AEp T~¢ G~Dlt11ER TO TAE W4tL TIEWE SYLLI BE MJ S~NRV ORABitA9YE SIiFAGESI~ER THE COIMfFR RONGltN Pt WBIIG SIMLL BE IOGTED TO/GCEPi OONKCfIpP60f SIFFIT NO IXLV1GiE5 fOR bNcS YOINIm Ai TXE 1¢KrHi OF 29N IgT1WTER I:1D ptM1 GIffS VOER 51X5 bHVl BE ~4RRATEO a+onEmwseov~~. 8 iroxcwc aosEr 000n p r~oT ~o B rar usEo Bwr~o IfCRWMVFA4NT 11000. YENTED TO fJ[TEAlOR B 06MlKSNER IElFA(iY STnR! NDT t15E0 5 vC B1lSE OVTIET REi(It TO EIECTiCJLL DftA1WJG5 SiOE 8'I SqE NYlS'ER t ph'ER Yx1iE~t9R1'ER UaT R£tOUTE EASE WGGAS lkF t VM1M1W~DE IEY/ DRIER VEM iO QT WNMLL fJF Q THE OOtMEATOo W IWER CIXAfiEJt PoRCEW N 9nc OEYO QOSfl ORANER ASSFLBLY Q BFOROp1 [(~t($SYNOOVY REFER TO E{.EVAilONS DESiGr+ED. vEU5C0 npPRoveo: CITY OF VERNON CONTRACT No. HOUSING PUBLIC WORKS DEPARTMENT CS-0849 CML ENGtN~R ~ 56356 wTe: DEMOf PROPOSED PLAN/ INTERIOR ELEVATIONS CHECKED: REYNO50 Re~~+co W~ H2771 CONTRACT SHEET N0.2 0 N U O Z H U Q~/ 4. Z O U V J V z Q J ~L N J W D O W _~ - ~ ~ '~ ! - s . •~`~. rte; -~ M _ M .1i ter- -._:s~~" ~•~:.~`, `~ SCRm15 11V. ~~ I~qO~ n PROPOSED NORTH ELEVATION ~.w,,,-.,•o~ ~b r-ir G1RE gAAm"-" - ._ — ~ ~jpp~g~ RC1R0lIT 1 ~~ sn~~~Ai! GYE s ~ s .h k ~' ~ ~ ..: BEDrt0011 EgCSS tip k ~~~~ ~ ~ ~ w II ~. REFUGE ~f11T f SCREE/15 M. n PROPOSED REAR ELEVATION Soak 1!1' • 1'-0' 4321 FURLONG REMooE~ ~~ -- -------- ~2 y i - -.,.~~- , ~~~Di "... ~~~` ~„~~ -;7.tsr.fir: 1~----_•-~ A ' ~ ~ ~ ~~ f t~ ~ ~`~, ~ r- ~ ZS . t; M) ~NVL NEnloflr ~ M ~ t l s . ~ r ~.7 ~...:. ., t , b . 1, 1. ~ h' -~GrANF / [~cv.nan a vwro~J crt~c ro eE w roo~ m ec ~ "a~a Yvii — ELN111E0. SQEFIJS M. _'___"— ' FRONT ELEVATION 3 PROPOSED ~,. .-f.vro ~;-j E _ • t~• ..Y - .(N) IGLL SCONCE f I j.l: ;:~ _~ j.. ~ ...!-._.,~ ~ ~ F'~ ~ 90~IG i AT FA1E '. b' -- 4 --- ~s .'[~... r i REPLACE CRA11t5 ~~cc sciaws acv~na~ a rws~ ~. GRADE TO BE K n PROPOSED SOUTH ELEVATION ` Spb 111' • 1'-0' GENERAL NOTES n cartMnov e ro mo war wi o~eam~ No wm 1A)~1FROFMT 000BNCi1 AJEYa1'171 osa7/+D onet uNlrRt W79Nt aaLLD e~enew~awore~omr~aner~. wuauoa 16i 01)FAQD'J'. V!1'{lE6 W I4TNLR~O67DEMVEh~ 9W.0lE Rfl0.E9 W fMEDCE MMff 16IS K11T14 mry arywx a gran as~wcroa w~a moo aiaw r+m~oai[wa~ wu~ a~oautnroowtan oa~iElBRlOI! A NEgeroWc00LOVCtArNE ~b~au nnouo~ wn~ or~u ro oeaes txreir or ~o~c canx~wrro i~trw[wrcwo~uwu vanrm. r►ares. cx.w~a~ooist~c'r wn~ wrwtanew ~aa ~+c~~ vtr.~r+vn xo~ a Nor. xawV rteia rot M nc o~ni a ~r ~wc Nc wo- cEsgl11G1 rOu 00 W ~qM NE w07 i0lE bS1lR1[~ A\V pWI(t ryiyW J111a~: BqA( 9411 Yc crsuam roaacva mv-ia?wwr, 0 catwtrya oou~st AIO.iE'dNIK/ SSPMTf00. A9TNDAlA~Kff OHiRlil V1 A4 PF W E9101NMAM NrtGNtt 6 oasmo mucus vaoa m err oasnucai +u nvaoa~ ¢s~s~cr~.auer~rq roe~c~nm.srx~nci .t •u w~ ~nw wx Fors. nc l e w ao~ awr mai nc uwo rea4m u n aac ~a wn ~ asr~ oc AT 17/SigT. q ru ~mvry ~mnEi nu n[ neuna ar nct nam me roes mwc~a~ots~w.an x+a n[ M(10.Y.T016 ~0 Y91fY ICM 0~~61 BIa1N0f~MfIE Nd POM 6 WiELf V~ 610E TN~V f AOY MO IOM UIi/IF7 ME TOlF f01!'~ ELEV. GENERAL NOTES tl ~D!4SiwlM~uf lnnO~tD~OD~ESIMM9R.1JlLIC M1~0 Q /MIC~~ IUILFG OBAiGT0l9 RNA M ~ Po6RKM iMT 61f A+ll CLOSE ND MBIE FAOY TE i'RET OR ROM fl~0~R1YW llE IIIOfE1ffT. p01f.~) A 111viF[~ca~B.t•Eoffri mou A[~I.O Noo~R rfMl .NQF.NIEOrt.70QiM MO:k5/ff Y~MYMFAp07~ u mrOE u~el~ ~rwou~ roan 60•. q A ua6lR.odi~Frturo~9w1 BE Mar tEs r+w :~9 0~ tIOCA R00RN7A 1~~9 ~ NVIOF L~09IROa KCE53d4WG R 9411 E A1fMY M1NME~71EOOBIl00TP01A11Af9t~ElH1 MLL09 ~ I~MM 1f a X MBIM V BRAG TMlJ11 ROOt yYq q [oall[~a W viatE~~R76~9uo~ f9t PaH RCP GENERAL N TES 1~ hA Af PIp1m rqQ /{!pY Y141 ~ Nlfltl~ M FJDI R9PlG IGOY~IILL/RY W MFA OYNGlLGLDS iC A ara~c roa4 wo a rya crorc wo xsma roa w.~s+~arMsaenvxoras+am.suesx m~ss~k ronnw~vaaaE.~ru KIIAIF/LL 71EN//MIMMIT~E IpIQMI W8{W lM. Nillll W6'IIIC701~GQNAObf W11~ETB1 RYNY /OM6110U1~ AGY TE F~DNO IMF NO 9 W 1 E EOUI1~MiX N770M MRIPNDLOwNT19f+AGYt Wtp t~ NI KiTtlVID GRd YOCImE HN019 W 1 E 16IMtID N OMFJ/G VRSMO11YIDSGViIE MilwwCN ilFllt/OtA A'RlYlE3 NC ~6fM1ID NO F PKuli IMR 'MTiMYF AlilpfD G1RkE1 (I/OOI YO~I~IINb BILL !E VIIWO~QlgOE KfA01 fBNN1E OMH1/4 V.1 4 E@~44FA M i{ YfWTE NCN'1' 0~ lfE EJCGVSI ~~ ~M MFA MN4QIM~E/Oi~W Cf 10' 14Tt X1'F. A~ 1a.~6d~a~t. Qra~7v.~M /~~a sru e[ iov~ac e. a r~uur a m~oe ar~n~r Ka~saz ~p,~fOl R61A. NLCMm MA1NA 51W1 Q06fTSPKE Qtl91) '~~~mxnmo m [wr`s un mnae[r~u ~e4u~ ~ s W 0 U Z Q' Z Q U iM~DBS INFORMATION BULIETINIPUBLIC-BUILDING CODE ~ REFERENCE NO.: LARC Effective: 01~01~2011 DOCUMENT NO. P/8C 4011-00! RCvisCd: otnrxnmwac~clu sum VrcviouNY lssuaA Af: PIBC 2008-001 ------ ~:ipowi3ia-rdi8c O KIPMW >!/s4MN0iOCE~wd~ µ` ~+~0 IJOt`s~~^i'O ~~°`+~ unorm.sur~rto ~..sv o.r~.r wr aer~s ..e ~+s.r wueaM L~:.s aM '~r w+aMe~.e~Kwor s(+~w~.~~ ~ u.w rtwmws w.ac n+eimaoe Ki3~i4T 7YiSE- u' ~ ~ ~ rwanmaEwxi' - -~~~;a----~- ~ ~~~y~~~ i ~w=~n+.4oay~ - ~.w r~~ wrr~ ~""`.."~`,. '~'~~~ ~ `wm r ~r - y MrN aa~ ~ ~.r r. ~r xr Ya 12/ S'.1 T.P nC M f • N y 'u }, am..os—+..aacam.s v.a,r.w. ..er.v -..r.- ..iras _ WOOD FRAME PRESCRIPTIVE PROVISIONS -~ ~ •~ ~ » ~a~ ~ ~ y~ -~— a r o~ a. r ii i is ~~ n• r.r ns r r ~~ n w ONE STORY RESIDENTIAL CONSTRUCTION ONLY p ~~°~ ~~~ mo w..., ~~ ~ ~ i~!~Q~i + --- I ~ aa~i'mwc ~.aiav~'v. ~ wacv~.a~ a ~r -- ~.- -~- —~'~-- x ~,T» r ys a r a.r a~ r yr +r .r v rr ss H.n r.r na ~-r " ' ~ • '° ~'! ~. s • v u ur r.r s.r s.r r a a ~. ~ f ` S471+e hVOC framC proSdipWe povi5iM5 am br one antl Mo IartMy Q+~eUngs JM townhanes ~ (~ ~,~"~ 4 ~O~"z..~~.. — cw aw Q a u~ rs as p ~~ --- - - —yT~ ~' • ~ r f u sau M r snr a1 NOOd frame CansVuttiOn. nDI 8ipp0~fg MO S!~YY in MgM. This N'Orrrati0n Bu'Etin is bt V40R118CM d~ fC'~l~BK1 and a nd a subslrtufe tv accurate N 5 DBE !!d 10r lxJ1 oNy anm9 ~a D~opoSCC ca+zMxlon prgecL ~ ~ ' '~ ~~~~w.l.~"w~. -~-}--~oanwr ~ aw. S - ~TiWwa. ~ ~ ~~ J X NJ J av M' tJr as R w.K' ~:.a 3V jq ~Z X.~f' ~ ~L_ __.1.._— ___- __3-~_ ~ w~r:+o-.: ~ ~ rrir~.~ M ..b.,. ~. a ..~ ~M~rY~YV N ~ ~ s~ v+a+t r rr a ~ •" ~~~" ~v 1AFiC refers to NB Los Migebs Cdy Resdentia~ CoCe. The number /o~cavg R refuM+cos Cietafexclicn mfin the Los A~geka CAy ReSiOentiel Code. FOOTINGS ON E7~ANSNE SOILS ~ e4 ~ n~i i`w.M.`0 ~ P/ ~:: ~~r / ~ '~ / j'~~~~ / v~~'.0 n~waus~ ~ ~ nsi"'.s~i~ ~ a "10°~`.~~, //~ ~i.~Y4i0 •w•w ~ 1/ ~ :Q !r~~w~R,_ ~ ra TSA7fY8c9a ~ii~iri ~uw..udwa ~ce~vo rohti~ ~~+ M orw~o ~ Y~wt~iG ~~~arawr. Mss ~ m ~.w v r+~ w w~ w ~~ w ~ w suo ar _~_ _ .SL_ 1 1 ~ t to r-r .-r at ~-r ~.s ~ a.r : ~ r~+..rwrsr+vawaan~e.. — ~u~s~rew n~~a+mraa.moamicn ro~i~wen ww» .w. uwou '~:"i °.~ i ~i+Yif>•.ti.~wc ~, `0°`~^~~ -- ~CVIm 'iVBTW)Ea ARV1i M MDCOG[ ' TOiY IOM IOiD :~a~~y~/UEA 'do+w~a+ --'---Fo04ig systertis on e~ansvc sd sMaq Ee taWruciM n a manner thal .riA minmiZe Eam3pe 5~1fLp5, J ~ 1 ~S~Atl'~ ~µ~ xa r. ~r . r.+r s ►.e a c-r r s.s z ~.r z ~ '=~ -~_-b tAo sWtiva hm~ mam~vN d the 5W. IU SW In the City d Los N+gcles is m~+sidered .~rx ~ iax+Fa~_" -- -- - ~ ~y ~+ r.s_ ~ r.r r r.r a r.s t r.r a s.e z x v c ._ _ ~ .. eapansi+e uNess pwen dtKtwiise by an apprm~sA wis report ~ _.~ ~ .' µ ~q _ f aan ~.r > •a• a r.~ i ~.r z r.r a ~.r a 1. DBPth OI ~0061g5 bCION 111@ f180Y8~ &10 fMhOE ¢8005 Sid) f10: bB 1055 DWG 20 (KMS (J/ ~i ~ , i.~ i ~ ~ ~ `F= ! ! t ' ~ a~i~ I.Y ~ 1.P ~ !.f . nr ~ i.l Z i.f S .:+tku ~ __ ___ .a ~— - --~— ~y~~ ~ "' ~ -. ~~ ~~ 9>1N10f Y~1Q ~8 K11B5 ~Of Y1~9f10f X0061193. .a _ ~ ~ t '. 1 iJ + iLq M.I t f.f t . ___'_____. __. .. ~~ y_.~4 __ ~Y ~S=i,x3T P. Eatarior wads ar~O tnMor DearngwW elW x~wva~~drnwnti+uous (ootrgs vN1•rart " _~ ~1-z.rt `_P sav v~r : ar : •r t v.s t t.m a •.e > 3 FooUrgs aha! Ea raNaced wi4i bur %-arl~ d~neter deWmeO reinbro+g bars. Two bars alv~ be paced A iKhes from thB OOUam d V+o bolig aM Mo Dars xiUiin ~ inU~es Irom va ucm auasawooamcm ~IMq~ • ~M7MY~w0a~YM~w~~aY~Yr~~► 1 ~{I-Yw~~/~PSr~M~Oale~aNIYV. vr~e ao w+ruas ' K~5.+4t3t:37~~~&m-iw l.:C+ai - ~ (— MWe~btlt~syZs a ~ s ~w,~s~+'. o~si F~~+-_ t>wow~ eixi w --- ~ ..w y...~. •..r.rr.v.w+~.~...~w~~. r.r~...r........r.wwnr..o m..w bot~g. ~G u~B roo a me ~ ReiMa~nen+ snag nacre mnenum a~:~G+ cmvaic Darer ror eoncreM cast against eaM and readorcemeM nx exoeeWrg 5~8~incn snag Aare m:vnw,m f-~2~+nd~oonemta oa+er r.Man nd unt a~a'rw earth. .e....,..._..~.....~.~,w...,...w..s ~ we.Y~..«.a.•.~.+....e.00~>.~...r......e~e.u.wa.~..w.~...m.a....r•..+.~...e...,......,..........u.».~.~aeuu.~...,....~...........w~.o., ~%y•X•.~.~.~~~ ~w an:y~vr+wre.m~eF~Y~+afsMNM~voaM w .... wqa.~:~. M. err ar+ u.. nosousow~a.y K _ ww«.. t• ,a•• ~T w w ' l~ ,YI~i ~ Y M W ~"? ~1~A, ~ ~p~ ~ ~-.:~~ W~ - .~1~'~$=-~-~a ---__ _ _. _ iw+v+.r...s o.awwwm '""~ +m y.:-........y ~~_~e..v. --}- r~. ~.~,~:a .. .-.,-.~= .~ .....- _wy —~_1~ ~ .1~fJ ____ i4. Cmcr¢Ie Mon 68bS on eOB533 DC aggregaSe IXone2- 9~ G~~ona4 off of coarse ny-~~;,,"`„ ~yasw w.•m..w~~~d.v Mtn aM l.f I a.1~ f 7.f ~ 7-S t. r r.v x - - _ XU Mr_______-_ ~yTA 2~e<+ao~rw a+..~..s~nwa«eC~. ~sra~ r -,. Fwo+rc. i1C1 s8nd Dcd tb+xed wiB~ a mvrrlum 6 m! rroi50.+e battSC~ mCR+WJnC. TM t~ab5 s~38 Oa al bas!}1R iitl~es tliitl~enO scat De ren!oKtd r.tn h'Oart+eter dNortred reinforcng ban. Reintororg Dsn aAa~De spaoad at inlmrak na exxeSag l6 ind~es each r'aV a ••• ~^"e.r+.w+. r.~.+.nene✓.w.a isw...+ ~aP rmer.....~a+.~~w~iww.+n, em~"~r.~i••••••~a~••~x...as.r ~..e...mw..........~.r~....n,r.r.rs a._ ~.: a a.a~ s.r ~ r.• s ~.s t n.• a t.~. , ~ .y~ej;:a~~ _—_____ a+s___ ~__! ~ae e.ro.~m•.v~~~•••~••~p-__' i wY •s~iri_--mow _{ 5. Tha soi bebw ~n i~Wior mnue!a De to W 78 ~a n.~.r.ncnw»r.. w.s.« en~~„raw+~c.ero,~...ww,..a.....ssr.r..e.e.m.e~w..o.~......o tav ~r r r.o : r-r z r.s x ns > i.r ~ ' .. ~~: s-ir = sty s z ar t r.r : s.r s s ~ _'__"__ _~s_+_2wz '}_Q'a' o ssi-- ~ ssT~ i~~scr f~.+ r --T— a~eD sM9 mMatod wuh mo~sturo a degh nehasD~lo tlM oditrClo. ~g .r n..~rd,~+n~a'r,~.v.~►....+w.•~.an ~v~,~e.~..~. sa e..aa.p w..+a awwaa~rrrfrv.sn.~+o«~+r~rr~~w.~~e. se c~~vsswe^ww'.la >aw r.s t r.r i t~ t ~-t ~ r.~ ~ ~.o t u. ~ .re.vr. a~ ~..'_~~s__'ys~r..i a ___.._... ~~. mac. o~.r~ {~.a`r.us. ~' ws~+~..ar~.x+o~uro.e.. ~ aea. a + ~ ~J + wqa: r~~.n wee ~_—_"'_i o—o":6i _—__ r *'~~~'~p —~ 6. N draiik~ge adjacent b 1DO:igs 5tU3 ~0 W~WuUoO 2n~ay from tha sWQure Eye 3fl wCe sbDed aWa^ha ntg kvo an aOWared nmcros~eevke ~iw~wcwrwr.~.a.ra.~:...~.a.r ~a.<x+n ~.vr«....~ ~w..'a~~a..a~..~~s~s~ov`..r..nua. wwes~.o+e-:. ~w..a.s..+~.... I na. ~.. s...a.r~.n..x...o. m.+r~. srr.a.,~.wi+o....e.+«,....m.....ers..o....~s ~..~ .~.morwcuarsa >aa r.r r ~.w a r.r r >.r f ~.r > sr s • r w.i ~u~e ...~.~":~~a', s`...aµ. u w~4~fIY ~ww-I~Misc~is~ww~ ~a~.MT~~•ax ~~nqw s~~pti ~~awr.~'aN~uG>N w ~m.w:~Na~s.s~r w-.R...~k ~.~'V~+.~'~e~ ~ sr~s.>ss~we.a++aw 1~~s~awr~i..~.o ~~rf `.n~•v+nw..so•ta.~•asi w~.ew~i.... ~....~uw~4wa. P 1d8 ~ y~~~~cr14~~wrMorDr~~4aMPIY1w Mw~My~sr~an~I~e~w0+w4 l~~I. w~i+w wwrww~titie~va~w~Ytlr Y~w~w A~~1~~r~F6 •~r~..r.+.:e w~ Pw ags3M8 ~~ ~*wr~~Nvww~ru WVYY~/awhlu~~~prrs+~vher ~~rx~ac sa s.rt ~ a~ww~ ~ ~~i~~ wa*~~rawcu ra..~nM w., r~~r. .:ra~..re.'.~i'..r....a.v PegetdB r.s r~rrn ~wM~+Ns~mY IU~.w n~a~ra~sN ~~~ P 2d8 spe — _ _ _ ~ a ~ i ~ .- a • a i~ ~- i f t-- ' .r.w.. j ~ _ _ ~ _— ... :, ,~ ~ mR r .~ .n.. r ~ J, ~ r ' ~ y_~~ — ~ r_ -A..v -~' r .' ,~ .:.A" ...a.......,.~ .w..~~w ~ ~ ., _ — ... jM.vswmwu+,c~a wit w .+.•moo ••e.••~. .....~~..,..... I --i ......i ----- .~~~ ~!♦ ,ter. I ~ ....... EWE ~a.~. Pape5d8 432 ~ BURL LNG REMODEL __.~ ~ ..mo:uonvaw..us..u..c.wmw. ~ " r~a~meeeuy~rroa.au. nrv~iazr~ci ~~iwio~mwRo~ ~ ~e~ n ~ w~nr.a,..e.aas «~..~ .mss , _t f.u..ai w n: yi~~ ~ - .. _ t ~ ~ ~ • ~ ~Y vta~s ., ... B ~ .r~ •.os... ~ 4 ..s..~ ~'- ~_'~ i 4 xr.*n f ...c.oer-ae s.. e:wse.oaa.~aM ~~E ~~1~0 ~ Wsa~.ilwOft WOii -_-• ~f1AlQOviltf 1M~YY0 resru ~ue~wnria rnwno.uum ✓eawr "_ ' ~ r..,m ~~... .~.~.e ~~ ~ ~_e• ~cca ^ ~ r s b r f C a r f tt e a : u~ w,,.:~..ia ~._~.aaw.rr~a..~rw ~r.~w..ewr+r~....w~.w•d+~aw rte. ww.-.w......w •w..r.rrr~.+..rwr.n.~eer..awr.a«~r..su.+n.«o~r.. •~~ q/w~lw~~sM1.Uw~f~~ra~ti~M~wlr~~IVlti1~IF YJn NYrY~M snr~%.w ~W~NN rw~s~M/~rWN~YW ~NeIir~/M~~f~~goKra~wuM~►~~~rV/ ~~~~4~btlia b ~~fYP~/Mr/Mt. WLra+~ Mr~~se/MwYa~OYN~UF.al~~iac~~{~M~ w0~ C> ~ui~ YgPwYM~w11N.~Yaw~~/~~ M~lifn~~~~t~~ ~i~s'~YY N1/wtiMMn~1 ~w~wb~+'1r~_ww~rra~v~~0~~'+we~ W>r~4M~~M/n M~b~ ~ f ~o wrorrore,~....ar..rrw~yws.d~: .~ rrr.w.rr...r..~wr..n.,.s.w.~~ vr...dr.,rrr.srr.w.ur..a.a r~~~n.ia~~w.4~tw.w D~~s~ne.4a~~rrra~ ra eaarr.~~r~wM~+.w+wsw rYma~Yas~nrr~f ~u.~.m~sra~~v~ sew ~ewa~wseebns.~r.y ~+ev ~W ti~Yr+NwlYuw~HMk ~~'t w.l r~MGtiw~~~~✓r ra~.~ae a. Papo 6 d 8 zr+csw rnw ~ ~ ~•w ____ .. ..... '- —. be h~tft.l4}l VQOMR~f~~triY+~tav ' ..o _ J~6u~ . ~ ~ ~ ~ ~Wtl ~iC~l~D~YCKrYi.PObL~ _~ ~ F — o..,,~e. .~.,.. `" ...,. eu w.~i~~ 4 ~. o~wi ~ ~o.~na~+cr. i~~_-_~wur. t~m~~•r uunnv.~.a~ ::.. sa. .ua woa+c.wawa~.a.oa..~~ru.ertoa ~!s6?Ftatff'fel~Al ---------------- ---av~ _' im.oea ~.~... — SILL ~ :i .rte j -'~--.'fr~wr ~~+w ~n.:• .wa.r.a rw~u.w~.....r.w.~rr.r.rrn►.~awrs M~wwFr~wm~m Ne~~~ ~~As~~~f f~4~n~/yN~Y ~W.~a~wou.~ ~:.ww. b~~D~r la~w~w~sm+lrY~i~i. Paps 7 d B v NO. 56156 i om. ~-n-i~ ~ ~~~~~' uu am~c~ ry ,at..o r. ~ m....s.w...... 1~33~.'3t~Xi41~:Zt7L~' i 1' ~ 1 ~~~~.a`.:'.e.s ~ a ._,,. w kat .~..m..e ~. z~a.vw.ma r5~, ~ =.fir_—_ - ,.......~_..._~„ ~ ~ i ". i • .«.. t .J ....r..... - i .. s..a~~.u...a~ ' issrw ~ '~-- PageBdB o~c~+m: v¢usco ~~o~u: Cftt OF vERNON CONTRACT No. HOUSING PUBLIC WORKS DEPARTMENT CS-0849 DR~Mx: vEuSCo ~' ~~R A — Z ~ ~~ 5 ~ 5 CHECKED: REttr050 ~'~ . PLAN DETAILS H2~~~ REVIEWED. WALL CONTRACT SHEET N0. 5 Z U Q Z U U ~.7 Z ~I LL N M LL J W O W SITE PLAN GENERAL BUILDING NOTES SYMBOLS SCOPE OF WORK wwce aanEvruxe ,. wuxsunsroEwu~siuuruve scow~a+sur~~.~aT sEcr~a+leun~wti ao~u aoouwuF ~ aEra~n ~~ aow~x - sr~rx~wao wowcoescwanort aeuoo~of oosrnc sNaF F~rarra►~ a+uzs a~ax: aucE e reoersr~saaer rauv~swt~vo.Exc~oe+cirr.~woswiu eE~wNwu of ~ Nnioni. ~»saos~ ~au.~ cec~ s~cranlw~u) ~~" ~ OETAL MYBER ~ SPOT BflATION 2 wuxN+os~wuxsur~~satossstovessrWlNOTocc~tuptcs~oaE1 ~~~~~ "ow s~rx+~wuw ~ ~nioh ~ BIDG BEVA710N ETARWAY'S X000 OETAlL MR6ER a- MUl1 TYPE SHEFT N}ERE FglD fAK'J~TOR 3. RffFAENCE DETFIL tYA2A0N i1E RANS. ~ 4. Gt11~P~RALLS N07 RE4URED AT STMSFGI7~NGE OF GRADE tS IESS iFiAN 30'PQtCBC 10132 C0lRRACTOR TO YERFYACTUAL D~BISIONNFHD. ~~ COUlY9iC,'RDLNE ~ ~u A «a i AFNRDWRED HECTPoC DOORBHL SHHI BE PROVUEDAT THE PRCIMYEMRN1Cf PER H8~109.53.1.CBC ~~~ L _ J ~~~ ~..~~~ ~w ~~ DOORSYLBOL ff~~~ FW~DWIAE F~ADHGSEE SPECS ~MKN FN915Ufff'ACES DOOR IURK-SEE SCI . & ALEXIS WRVSWI.~Y IOFMIfYNGANSROR WIRgVT OPENNG THE PFUMRY ONA7A2 fNfRANCE D00R SfNL1 BE PROVIDED PHt 11B~109.SS2 C8C ~ lWIDWARE IfADt1GSEE SPECS ~N~ BUILDING CODE oa 7N5 PRWECT SFMLL COMPLY WfTH iHE: "~xa ELECTRICAL NOTES ~~vv =o $OEYI(OYlf. ~~s' Y~ ~` GENERAL NOTES ~ ~ GENERAL BUILDING NOTES ~~l~~p~ ~~~ DN21Q12WUION~L +~w~r•~unaaemrm~+frivaea*~awnwm Nwrtcrarmoao~.vctt r~ocunmd oceaaworn~uueuvatwrwa aeue 1. SEPMAIE flECiRICAL AtA PLU1BlIG PEPo~fS ARE REdUIi~. 2. GttOUlO FAULT PROlEC110N 5liAl1 BE PROVIDED ATIll IOGigt1S SPECFED N 210.E NEC AT EACH UNH1PiG. GLLFORNAGIiE@7BUlDNG STAlDNtD6 000E 1CG85C) pif0&1.1 CRq ~S~°~NO ~~~~~~~am~[aauvnmuo w'a*wuroem~[~x~ov~ '°"°"~°°"~`""'~'~"~""` 2 SYOI~AIARMS SIW1BE 115TED A1D tABHEDWACCDRDYVJC£YATN U.L 217 A RECEPTACiES SFULL BE MIS7ALLED IN IICCORQMICE WRH t10.52lECNEACH BUILDING CODE LEGEND i / `_' y g a > ~~~~~~ ~wWc~cwatt~~vsEmem~cio~oan~wn ,~w„~o~,00~~ro~.~ cawm~cra+aro~a.~W+rworurwu.cxnrc: ftQ'EZ E1CMaO107flR.TMM MFAS61EM110p( 1. Fll NEW D00RS TO8E YM10f Ed'MfiH 5 STUCCOTOBESrwDBlAS1E0~vDCRACu5EA1IflBffoRERE~PPUGigN 1. ALL UGHiNGWBA1FR00►6 AtA IQfCHB7S SHNL BE l9GH ffFICJif.Y. 5. NSTALL~1)OORLKiffNG5HUi0FFCOHTROISPER130.tI~ICN.FORIM CAE ocavu~crcRour.__.._... _.__~a.0 ~ 1~1)~f ~1$E___..___'_~$~fl(~~ MEne~9v[CWJur~q~ 0a Wi. ~1FA6111PA Wf Mi~E MM61d1I4dINO W~ OF.401W~IC90f1CIl%11N[ WI W~LQIVmEO B. ALL WP~'A~S TO BE F~PIAC~ ~~f ~ ~$1~i IAN_... "__'" _."_V~ /Jfi MLL~OE 0a lM1~!'NY~D N747!!l6 W 1 R "'""°• '~S°""°--- --~° PROJECT CONTACT INFORMATION ~ iwaotreswraras~oarraWnuo~uu~usa aaiano~aisaw~roWwr~~ra FLOOR NtFA (FJOSfING~_._----.._-- 1325 FURlONG:1PBU SF RESDEHCE ~R r----------------Y 1 I rssT.c snack ~a ro ~cw meriucreK eor cGn[ax ciH~~R~~ eau iannirp 0.ut w0~7~Ex16m0.or~awmOrnE wnAosr~a NAtle CmtoF wtNON CONfICT: FELIXVElASCO ADDRESS: VE. ~ ~ ~ru~in~aunnaveri G9D066 ~ ~ 1 1 I RKt~EtESLmNNB WNnEa9W~alaFnerlam PF101E ~7i.583E8110t6 i ~ r~ro~wwo~auEsv~euur~a nc ca^wciw6roK.~arnm~awa~ E►uIL fVBASCoQp.vEwgN.cAVS 1 1 1 I f 1 fu6TPA7SMfA FMS POMP OF WMCnON 6 W E nvanrnw.vc~punmsuic ioecra.'rm fl~AM10.~COi TOIFRIfE dV.v0F6RRY W NIOI4AnuE (E) SIN LE STORY ~ a > n~~~~~~ro~wm~a ~ RESI ENCE ~ i i ~~~~~ ~ i ~ I°' KEYNOTES ~ ~ ~ o~~ o~~~~~~.~~~~ i ~ ~ ~ ~ ~ ~nvocMoiaounoasnc~ara~reio~suE.uo vu~urarromueoaaw,ec w~:~wa~ EOMTF1aI~trawEA ~E'.rtB~ IOCwnOv ~ i ------- ~ ~ 7oeE °"~"'~" SHEEET INDEX i ; -------- ------ ~rmw~ ARCHITECTURAL ❑E A,.aoxa~oa~.aaw~.mEr~,~w,m e-0o caeisr~~~srtEvun k ~ 010641049M/L 1Uf ~EI~611114114 Ad.t 4375flFLONG DEW PIAN/PROPOSED PIANl N1EPoOR ELEVATIONS A•72 4375 FLRLONG: PROPOSED RCPIIXTF1tI0R ElEVAiIOHS A,20 DEfFLS } A-21 OETAI.S „ ~~> er FURLONG PLACE 4325 ~ FURLONG PLACE SITE PLAN Z Scfk 1~8' = 1'-0' ~' d' U Z U Q '"' Z U U J c~ z 0 J ~' LL N L.L O J W D O w ~~~u Y v ~~ ~~r~ ~ N0. 56356 ~ 4325 FURLONG REMoflE~ s'„ ~„ S f QT GV~ CONTRACT SHEET NO. 6 DESiGt:ED. ~£USCO 7.PFROVED: CITY OF VERNON CONTRACT No. HOUSING PUBLIC WORKS DEPaRT~.~ENT CS-0849 o~~„ ~Us~o A— CHECkEO~. REVN050 CML ENG!'~EER ~+Q 56}56 0.0 COVER SHEET/ SHEET ~ 4F 5 H2~~2 gEvExED. w4L~ paTE~ SITE PLAN ENLARGED KITCHEN PLAN ~~Scak t2'= 1'~O' 66' 4D1 ClR ENLARGED BATHROOM PLAN sw~ ~n• = r~ 4325 FURLONG REMooE~ ~~ Y, S~ ?> b 4~ 4~ ~ ~ 4~ b~~ V i i ~ ~7 i> i>b; V b b> i i '- ~ ^ - - r x x x• x us A B C D ate",,.„ , ,~ KITCHEN ELEVATIONS Seek 114' . 1'-0' u i a ~~ ~~ ~ > > ~ ~j Q ~__ .J 1] i] 9 1 9 2 I t fl 3 6 J I 17 3 ~ A B C D nBATHROOM ELEVATIONS J Spk 1;4' = 1'-0' ~,C~Y~p~gy ~~ /~i1AC1~pl~l/Ql M669+CE M~~~ 1 1 '~»~~~ eeoaoora eeonoaa p~uusar ro~ 1 ~ I 1 § W ~t 2 ~ e 1 i UP I Y m ~~ OWK ~A0~.45 l+ C ~ ~ 8 -- « PQF/II ~x L___~ ~ ~ ~ L_____ _ -- ~ QQ --- ~ I POREtP.ilR¢Ort ; ~ ~~ Oe ~ ~ ~— OR i ~ / ~ , ,~ ~ ~ BATH i ~.: e ~ ,: ~ ~ an ~ Mn[~eueaoon ~ ~ ~ I `_ a 1 I I ~ X~~ ~ ~ ~ _ J 1 ~ I ~ ii r I ,~ ~ __ O ~ so ra~ ~ ~ KITCHEN pilE ~,l6R000. I i d.,, 1/7 /~ I '7~--~ ,~ ,5 L- ---- --5-0-- --- aa ~~ ~ q ~~ dNING ROdA I I LMNG ROp.I y> 11 E70v7iEr(Sral~a ~I I ~ S 1 I I ~ ~ w~~ ~ II II -- ~u1DGi a°fimss l,J I ~ J -_~ V. OFF i tt `I ;; \ s~r.w~ia~u ~ ~ ~~ i5 ~~ __ LRGIM= J ~} ....... ......T PROPOSED PLAN sw~ v~• = r-o- C~J 0 Ql riLLI TO RlYV~ C = ~ rt, wiu *ou arauao ~ m raa n DEMO PLAN Sak va• . r ~a~s`+?. 4 h ~ N0. 56156 EN. 3-JI-19 R sy'E ~ uu~a CwLfII~GMCiarpi: AET9alaDORNaR~M glbl ~~ If6101i00l DE61I~~IYRA~IH{000I :tlYKiMDkOII~T"A'IC.Q O?I41~ K1{UOP .lioOml W E6V~11 RIMBODfAl~OS0001 .lUll~lmiCl Q~ID4q mO~Ifi Jm111.~B1J 10f I@Q W IDI~~CA owE~ea~+e~ WOAE~OWFd161 yLLMOClA1~FlNMINt~00D~NA ana~~asvnon~~~vwscvoanr w.an ~surrwawcawaEaeurt~ i I~TIMu~oso6lraoRil~UtMOh Wtnmlrt~~ K~N40~PG~/M~'Wfth41~F gYOfTA OMlO~'tK1~ f IP /LL Yf KOWIl mB0 W 4 rt W' 0~ o' uM MP I rH~ wA x nD010~A ,/~w« riewoo.csu=owiucanewmen evrwaa.~ui KEYNOTES pp .ro.~sco MMiEI QORT. FlU4~ KiH~Tpl i0 EE W M ••~ sn a roar ws uv~*an. roan sut ECMI~T IT.fr Aif ~OYF OIl lE21 ~} iip(AWASS }U6 @KtOA.~IF.1C~lYW Wtl NELn Rf Su JIpMD Q 91Q~FA MFM ~T )TAf i ~5 MOB u5[D ❑p s.cwuai.i..,.00.,.v.r ~_ groan ouu~gatta tocarzan[ a p6npS01 ~t N'Ai ~. ~TgYFL LN STN' WtAf i. W td16 QMz.w'DOCYt ~lECESSD YEiI~I YEDCMEC~6MfT • Id~IST a~...~.,.,,. ~Mi uS[D ~N~roroa QavoQ)Stuei rw9~cortoa sM~u uipowDE11 n~E ~CQM[~ MM W4l MtAL Z4tl ~E ~O7uIV d~ ~etlSwl9111//tis u~0t1111E C0~/~1FR QSI~y.V[ QOE110R~+wl poaoar.woaw ~ouaa~000. QoUaK~ a i nurrro raru~[s Iwo uewcn 4 V ~f [MTp (B~F/t4v 3T W- KA CN t ~ Md 1 t AN.'KA MOB ~wwuiwt. ~vwo[.tamio~s w nie r~«n r~tE. rM ttenne'e s ~a s~EEr nm ~aix a~wpia vSu av sauraa a+cw ~ow.rzcw~m,a pu..[~ c.ewn oaw wu:a~ wwoaes awi a .ow+[o.s aoac tuna earrai or c~swrr DOOR IS o0QY1tE ~e.u[ uewt* 000. wu: «».Woos awe u +auxreo~saoae ronE rwa ue~n ooas A: WCSltE ~MNST/JlI91RVFSN 1F1H111E f N@I SW1W PWrtA ~~w9~ED ROpI 9YL~ FiiFM01RO[A M[ OIXM[ATOTE 1W1. TEtE 9~/1l K 1q 94110 M 4~4lSM1S 9JilfIGCS IMCEII TE COU(RR ~laoaw nuMwG auu ~[ loG~~Foro~oc[rt oaw[c'aaa avmv~.+a.w.mcs w~ aas rawrt~o~t naMwrtar:~ w. w~*n .„o u..~ ..t s wom s.+~ mu. ec «suuno dl OMIM~fLCdt~tD N~AOMC Ct06R DOpI ~ nor usta ~.wr us[o e~~~ ~oam~vv~u~eE~,rn.~~ ~ xrn ~m ~~,r.... Qlt1ET t VER TOEL[Cl/.YM Ml~WM~+f SO[!Y LLE W4L~EII10tM ~Nl9EA.D0YE1~1 UDR R [IOUTF Fn6Tn6 C./3lM[ ~ MO'nOF Mf W OI~1L~ ~9RTO F1T W 1Mll W O h! CG;TFIIiOv W V~0[40gNiG MORCtV.M Swt e 0[YO ROSES p4w[R ~53[Ml~ B NplO011(ytF55 vM00Mt 4EiE~TO FIEvtTgnS DES~GtrED: vEU5C0 aPPROvEO: CIN OF VERNON CONTRACT No. PUBLIC WORKS DEPA^RTMEN~ CS-0849 HOUSING aura+ veusto 1 t'1 I SHEET 2 OF ~jCMl QWWEER CHECKED: aEtt~050 DEMO PLAN/PROPOSED PLAN/ ~ 56356 RE`^E"E°. ""u w*E:INTERIOR ELEVATIONS H2772 CONTRACT SHEEP N0. 7 Vy/ MV W U O Z U Q Z U U J ~.7 Z J l.~ N ~L. O J W O ~J.~ ,rte rt~ ~- -- ~ ,.~^' .. -- -. ---_..-.~~e~ .~ 1N8 - --- ter•--'_'-__ - _ —_ Aria ~r __ _ ~ __.._ .. -- -. r> S, .....--~n ~.y ,~f - . ~ r-, •.s ~i~ 7 t S T 4 T St400US E .1' ~.,,j K 081A5 E 51UCC0 AVD _ _ ~rx'' -'~,r:~.• .'•I '^~. SNCCO A4D ~~: NS7AL1 hEM i" ~.>' •.y ~`' - NST4ll HEW ~~ a n a a ~ •. 5 CCO U14 1 . SNCCO UYE 'A ~.^~:~y:~,py t. ~ --.r'i, --- - ~ ._ _- - --' ---- - sea _o<: sa.c•..a:.r: >~_ -- -~- -.. - - ~=~ ~ -----=.~v u~ --'-`-- .—~ IIERACE Gl1m115 • • - IKRACE CREEKS • (h aua'sr~ci (El au~ vim_ nPROPOSED RIGHT SIDE ELEVATION nPROPOSED REAR ELEVATION Scale 1/P= 1'-0' Scale i:4' = 1'.U' . JAY. ~~~.~....._.`...-......+.~ ~~.~~ ~~. - ~` +~` . ~.._.. .i .~_ ~r ~' __~ MI CALL SOpKL " - - .. _. . . ~ ~ `~ (N) fASC~A 71P. ,'~. • • - SCONCS. _- '_ _ i ~ y~ .~ ~~ :.1.?:~ 'i' :; - ..'•: .~' .'~. ~ WILL - - Y_. 1, ~ wae~wsr c ~''~~ .:a::,- ~~ ~4 •S _ ,.~ as ~ meE i D ;~~t ~~t f'; snroco ~ - = y i .' : ... 3 , r i' `~ nn a ,~~ ~ ~ c .: $AMCO UIEN _. C- .y..:. ~ _ .•e.T NEIRd1T rIDOwA ~, • -_ ~~C - ~:y-~ n t J _ ~.~•. i win wcmmr - - -~.: i u ,,~. _ ! `EIEVA~ON 0< <~ti 4~ p1ADE TO 6E Vc nPROPOSED LEFT SIDE ELEVATION SdM 1/1' ~ 1'-0' PROPOSED RCP/ELEC. PLAN Scab 1'4'= i'~0' 4325 FURLONG REmooEc. E1FVA710N OP /M91 ~M) Y-0~ IX1Wpt DOOR ca~cc ro ec ~r Z PROPOSED FRONT ELEVATION ~~~~ - ~ ~` NO. 56356 f dD. 3-71-~9 ~ s,*~ a Gins ,•` l h` '• r p~~c — ` t-L' iL (~-.. RE~TABIE uCE ~Ewr svgs m. ~J'~ S -su~ST cE, snaco ur[n '----.- ise~t- GENERAL NOTES gm~wcrarte rori¢n~aur~u o~eeue~ro~r A7ofTC0~Aw osO~INcfS ACFYOVVfa[ Its ADD o'1(AIwWTItlF W76Vl8ouD E 3?Riv~A~U IEW.f~fAOY TIE YR 016111ff pl OIIHI OlD VMY UES Oi 1SJIIUT101610 E /YI07~ iQADlE REl4l~pt WP~OiiMRK£ IgE7~EA►iW a~ rscrx cF awn aes~u.~ma w~a mao sear r+src ah awocs a;vi eE vav~t~ rm~wt~ wscivrtaoia AtfE.Ke puc COroR.'t~ixFOd6~w~eno~aoowWt nwouw wn~ o»e~ ro maas txrort ar wrnc C7tlR~CiOi 6 f01BfA4 MI P ND ill ~uclf. RRItEt nacs.nc.~aovsucrxn~ u~aa~w~aac w[nm mrar~ur Porto a rar. .vus~ nee wr M ne e~m or ~ ~ wo Mm [fsvuv~raamn~rtv~wtwm roe~oanw~. IM'DYU6Edl WWIIOII~~AiPl9ilt! E u~raa[~ ro accwi cam~ox M~q e W~~IR/C!00.4 DSDOE. ~~~~~~ murta rs raas+m ro ~wr~w Mraer a omwsmcnra xaw roraxmamtapa +u~avoo~~ ~+vcts @cpwcxnuenc, mp TOEv]~. YAtEO ETGI niuwaa~ai R.v. Moffa. cre.~ o roaaArar~nE eiw.w ~sa~n ~, a aavc ~ ra ~ oarwct ar A'IF/Jf 9T. fl /u !EQSLM UL~ E! FGD nE 691A1f ~I Of n15l~GUf Y /Pf T0EE 11PQ90NACE5Q/ll~fl K9i TE ~'IMCfOR 67019~Y MrtX QMHI AbiMGESOEIF fA01/O(f OF 0006'd 610 E i~maiwow~vnrtes.~ ro~aouim ELEV. GENERAL NOTES M RD~D iMb~'L6 TE PRCf 6117. RMI O A mo+~Euet7DR.YEVRSmW A83'Mf. z~a6 INtr •11'aFM1Egrt.77CfMl~011ll~s I~INL A~A6t 6r u aiwcu~el~w~wlxYroaLamu A ~~~9~u1g1 NYLEMof ~E~nw\ •ryp pi umtHDORN1510~0 O ~Et~om RooRKt~2f csBMi rtaIX:H~vAMI trX7f1~B171EOIBtti 0MC7UGH~vFiOE1fMMlLL tlt~ INIY 1fIX~BI IIE OIF,YY 6 TlipU~l~ Rlt00R P~9 A Ourta~L1W 101110~CEN[asl~Roai~FM'1.lVr 1E3 ~q RCP GENERAL NOTES +~ /t~ ~~ 9U¢ /./!el 9M11 E NSTHIH7 N F/01 SF_`PIFi WOII~iWMATMAEAp14G KQ5d T0A usrc iexxwna rw~rwmune~c~-ron .+sacs wn ~ mwaer~oRr.aoa w~~s s~ru ~c A'UmNFCI~ p TIM7 ACIIYOCN 6 pE /:AiY'MLL AC'f V ~1E N111E NJM Ilf IIM 11E MFQ/l ON81M Uif. N IEY10761~C~Cf I7181OQ NAPLLf SMt10.~C9.£'~fR eR WAY ~Ox617QlIfF m0~~ 1~E RRDYO Mtu/: NO 9tu1 K EOJfP~MTY M(IFAY Vpt1FNCLpI MtIfRY SGrPI QCq a~,•~o~v ~~eawcmewailwu ~ wsnum w 7~B1/G WINO N4~lGlMbMfINN/DI RElBJA'rl NRNK4S NE I6ULLFD MO M CIiH1141N1E nwT ~u~ ~r/ae~ cwc~i croon noxntoe wsl swu ec oro/omamaa uaeawuhweunixr AFE➢MGN6AM lif YE/AIENOII'IOi IIEl~10W~. ~~ n ~rrc u~ wa+s aui ~w~rooY ar n rsr nix u~ ~ roe~corx ~v+Krl amass sou ~ wu~ r~xauarw ones ~nr W~mb~ na ~OrAuo~rnr.3wu a05FTYX£ aev.n q ntcurx -oas~rtet m~o~ wo iatyaa~ vow swi ~ w~ moi orww~ i+oas to ars~rn rFan[n v~oarac inwwoiro~w~sro~mevoncv -reurt ~u Meaa+ge~oan svRote.ro nA~ coca •mr~crnromoa etc~wv. ~rc.~s ~cet xs ~urourao+ws~ncaar. ~urocn~s. MEC~tKtkt. MFRSEl III~IOEAVMIDND 1'QDil~ W OOAMC~OIIq BfFCi~~Y uw.sintarn nwuiaurroEwvro+on awet auramrasroEtortemMrove LEGEND: O E~OS7NG q1++G ROOM ~N~71T FlaMiE - PROIECI W PLACE ~ RECESSED DONNJGF1i j~ t[alr+c ~aunreu uo+r vtxruRc tMl SCMCE' I MICAES Mi. AFi. ~--o~ moos pan pus .-__. nom car mart Q nvu uo+i meo .~ oa~a+ q~ K.x~ao weo voa/co umm+.~ ut~n BAow OUTLETS &JACKS ~ ouAn ancr ow ouur waRom a ar iau►a~s ~ p~q[I OJRLi. f71EfOgt 10G1(N I/ n u~6R00f c04R O uazraran/~~ d El6/GE Ya DESiGr+ED: vEtwsco ,~Pt+WED. CITY OF VERNON COMRACT No. HOUSING PUBLIC WORKS DEPnRilAENT CS-0849 CHECKED: REttW50 CML EtrGIt~EER ~ 56356 PROPOSED RCP/ H2772 Rt~w~°: w"u aTE EXTERIOR ELEVATIONS CONTRACT SHEET N0. 8 W N U 0 Z QN 1.f. Z U U J , ~I Z ~ ~' J ~' ~IL~ N LL O LL.~ ~', ~' W ~' * !(l pj)FN![(T PfA 701! CBC CMViER IIB vl1 1glMlm UMTOfn' II41 u0ltl~m IAY~TCRI PNXEfS PFR SECRM! MOVREO k1Q/IOE WL Iq{MIm S(YP W! YdMm IfdiOW PKfR i0R1 ~e. ~ ~ (iie-eosq eve atiwr+ct vaatt an oavtns[x ~ ` oactHux ~~ srx urm nx ttcm+ ~ sccao. Use-xcx) 1 I/ aye-Ean u orostn rres wo swsucs vcA sccnox b (118-6065) ; a ~ $ ~ ~ Q ~ R Sm gx sab if ~ fi. - ii. - fF. 6' WI IGIC: t~ - It ~ uarau ~ uu v[x ir_n.SECTgM ~~B-606 'nom ~ 118-)0622 d t~B-J06tJ) S~' vl. CETSED TOLL? M~ W 1118-fAt 5.1) ~ ra~ ~~~ 118-6015 9A6KE uOUfED 'ii we "N ~a ~~j-~.~ ~~e-tus.~ ~ (,~B-eo~.1) itP4N GiIB 84+ clSlE iECfffKIF ///--- RV9i CpiiR1 / (fi8-309 f IIB-6M 6) g mrr - s. - - rs. _ ~ i ~a K(E5581E Td1E7 v ~'-~ ,e-ew ~ (ne-ea Rf ~ BV6 ifR SER+Op ~tB-609 ~ BKS PfA SECiW ~~B-fA9 ~T caiNrtYENf vfA SEtrc/1 I~B-601.i NOT USED ~ RESTROOM ACCESSORY MOUNTING LOCATIONS 2 rwc:~s en~c:~n. ~n. p ~y it w it w pap etasID mmst Ydrmc ~oumes ra ~uxrac ran tt' w~ ~_' w ~ amac 7 t/x' araa wl ~011l ~ ~ ~ ~ ~ 1~fP9f1Et u mom+ snxws i vr_ ~ ,n. o~ ~ ra~ ~1 ~ ~~ ~~ W11~t15111G CQ17Y ~ ~ ' I RYnC00 GA~EtSFRE'~,.f.93f i12C CA"~5 ~ ~ (Q SOF Vi! ~[1~ S Ol M000R UOSING Fi1511 ROCYa1G. z amaon oasmc nm+ suvKr O3 VERY SQE REOUPEYENT ~/ Wl ASSORlT. $LOPE SLL I; TO 2S TO EYIE~OR f'OR ORYN4E. a.~nun~c mw. ~~Ea.~ rasmµa ro sva 7fE~o O tao no I o eorwY raw u NR1~Op SW6 A Q ~ ~ ~ 'R ~ t~ S ~ 6r IliE 14`~!O M007 i7lYtfi 7 z ~ Sl.CJ.I to mca•eu,,~e8 W FLHMF~Nl1iMMT~ aE UretsrmFi4wJA~ `~ "" w[s'[ vu oauK a' ra ~////~~~J1 ~ ~eLGL%L~ll!/!l!l!e ~ -I ~ ; ~ ~ v~ ~s ~au~. OS E%tEfiOR DOOR ./ FflKO 80rt0Y SFIL/ORP ATSE~LT. ti. w ~m~mu~ ti'~raAD dLo ~ ~w. .Y-~ w ~ O~FT61.w 0:"° ~.,~»~ fnc6rQc wml ~ womwtftlEws ~rnC R) 6~ac wi r]r mE 71olFr ASt um a~rtr~ EXTERIOR THRESHOLD 3 9CllF'M1S TYPICAL STAIR DETAILS 4 RMF'MR SHELF AND POLE 5 NON-RATED INTERIOR PARTITION WALL s WALL REINFORCEMENT AT TOILET ~ NOT USED ~ 9fiYE:Nq 9GtE:Mii M]J BCNE:Ifit I11 Y[ KAE'1f4 S' Mt CONC SVB a+ w,ac aoe .~tt «cws ~~ a ~r r-o• WIi5fS5ED W~PEi YU v~' eaa. niasan un R+vi noa+ inn nrssrxn/ R~wsran mr SW! f/ CUNIWS7►L cau+ ,~ .wNam er .tnnttt ~~r cn. ~. i. - w s• me cac ws a• n« we °N ~ ftOAiE oil ADE7K ]0' OM I' Wtv~G SiNi. M. ~ u ru sws rarW A m ocw. ~i/~z.i r ~ RooR FMSl1 IBBtlSmOtl 000a n~es+ae 1/!~ YV 516 ~ u i t swe[ ~ d • •. uc. cant sT[vs ~/ [vs ~ ~ I ~ i ~ ~ uart wn Eutt fMH w ~w~r~u srt+s YItF ~'-~ 12' M ~• DOOR THRESFiO(D t/i ry ~4xnt~r 5~D t/t' ra J. I{ bh 0 [tR~1 a tin+ ~s[lt ~1SFiK1l 51FI ~ r. , 4 µ e ,e• x-H caert. io' xoie wtx ttasuu tvi 5 ua~. vaavcc s nk ca+c ~+u .im µ • io• oc ua w 2 ~n. ~ at y~ u it siovt p pl = ss s~o~ LE4El S .. .. - .. TYP. CONCRETE STAIRS @GRADE (RAMP SIAQ S FlNISH FLOOR LEVEL CHANGE y STEP WARNING STRIPS t0 NOT USED » NOT USED 12 NOT USED 13 x~u ns ~:m arxt,ns xwa:ws arxc wrs en~:xn OD 0 N U 0 Z U NQ I.L '"' Z U U .J a Z 0 LL 11~ N M d' l.~ 0 J ~.1~ G W Q' oy~~fESS~.tt~d H0. 56356 4325 FURLONG REnnooE~ s4~E G~~S I CONTRACT SHEET N0. 9 OESiGr+ED: vEuscO .wFROVED. Citt OF VERNON CONTRACT No. HOUSING PUBLIC WORKS DEPARTMENT CS-0849 oruwr+ veusco rj CHECKED: REYNO50 cry ~ie~s ~ 56356 A — 2 . ~ PLAN DETAILS s"~r 4 °r H2771 REv~EMED. wu~ DATE: