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
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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
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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
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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
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87
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,7
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6'1
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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
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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
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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
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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 .
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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.
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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
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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
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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,
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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
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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
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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.
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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
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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."
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Agreement No. D1712668
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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.
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Agreement No. D1712668
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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
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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
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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
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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
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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
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(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.)
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Agreement No. D1712668
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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.
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Agreement No. D1712668
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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
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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
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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.
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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
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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
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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
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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.
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results do not guarantee similar outcomes, Attomey Advert6in9,
Morgon Lewis I
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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. 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.
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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.
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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.
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. 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,
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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.
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. 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.
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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City of Vemon Legal Counsel for Asset Acquisition Request lor Proposals
EXHIBIT A
AFFIDAVIT OF NON.COLLUSION
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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
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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
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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
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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.
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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.
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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.
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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)
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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 ~~
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~- 9 ~ I~ `~ Chu ~ ~
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~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
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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
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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
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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
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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
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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.
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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
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CAC #07-4193
Title
Title
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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
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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
- -.,.~~-
,
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/ [~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)
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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~
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WOOD FRAME PRESCRIPTIVE PROVISIONS -~ ~ •~ ~ » ~a~ ~ ~
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ss
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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
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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
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'do+w~a+
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~
'=~ -~_-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 ~ _.~ ~ .'
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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 - ~
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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
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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
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ADDRESS: VE.
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~ i ~ I°' KEYNOTES ~ ~ ~ o~~
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°"~"'~" SHEEET INDEX i ;
-------- ------ ~rmw~ ARCHITECTURAL
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A,20 DEfFLS } A-21 OETAI.S
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FURLONG PLACE
4325
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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
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ENLARGED KITCHEN PLAN
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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
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nPROPOSED LEFT SIDE ELEVATION
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PROPOSED RCP/ELEC. PLAN
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LEGEND:
O E~OS7NG q1++G ROOM ~N~71T FlaMiE
- PROIECI W PLACE
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DESiGr+ED: vEtwsco ,~Pt+WED. CITY OF VERNON COMRACT No. HOUSING PUBLIC WORKS DEPnRilAENT CS-0849
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OESiGr+ED: vEuscO .wFROVED. Citt OF VERNON CONTRACT No. HOUSING PUBLIC WORKS DEPARTMENT CS-0849 oruwr+ veusco rj
CHECKED: REYNO50 cry ~ie~s
~ 56356
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PLAN DETAILS
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H2771 REv~EMED. wu~ DATE: